Civil Practitioner's Role in Internal Investigation
The Legal Intelligencer
Tuesday, May 21, 2013
This is practical advice for the civil practitioner whose client organization becomes involved in a grand jury investigation or other official inquiry. This advice applies to an in-house general counsel of a large corporation or an outside practitioner to smaller companies, labor unions or medical practice groups.
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Differing Opinions on the Acceptance of Questions From Jurors
The Legal Intelligencer
Friday, March 22, 2013
This is a procedure that is slowly gaining acceptance in both state and federal courts, albeit with some significant opposition. Questions from jurors to witnesses during trial is promoted by some federal judges, rejected by others, and cautiously permitted by circuit courts with words of reservation.
Discovery at Sentencing — A Middle District Initiative
The Legal Intelligencer
Tuesday, November 13, 2012
The U.S. District Court for the Middle District of Pennsylvania has amended its local Criminal Rule 32.7 to require mutual discovery of all material supplied to the probation officer by the prosecutor and defense counsel for use in preparation of the presentence report, which the court relies upon in determining the sentence.
Local Counsel and Adhering to Local Rules and Customs
The Legal Intelligencer
Tuesday, September 11, 2012
Eastern District Local Civil Rule 83.5.2 requires any attorney who is not a member of the U.S. District Court for the Eastern District of Pennsylvania bar to hire as associate counsel (local counsel) a member of the Eastern District bar to appear as counsel of record on all pleadings.
Do's and Don'ts of Proposed Findings and Conclusions
The Legal Intelligencer
Tuesday, July 10, 2012
In a great many cases, especially where the court sits as a finder of fact, courts may request proposed findings and conclusions from the parties, or the parties themselves may request the court to receive their proposed findings and conclusions. In all these circumstances, it is good advocacy to submit them in the best form. Proposed findings in a nonjury trial should be submitted pursuant to Local Civil Rule 16.1.
Supreme Court Decisions Raise Troublesome Plea Bargain Issues
The Legal Intelligencer
Tuesday, May 8, 2012
The current criminal practice "is for the most part a system of pleas, not a system of trials." Those are the words of Justice Anthony M. Kennedy writing for the majority in two decisions handed down by the U.S. Supreme Court on March 21.
Use - and Misuse - of Depositions: A Conversation With Dennis Suplee
The Legal Intelligencer
Tuesday, March 6, 2012
In the past 10 years, the discovery practice in civil litigation has grown enormously. Courts and commentators have criticized this expanded discovery practice as becoming its own legal sub-industry.
A New Resource for Federal Criminal Discovery
The Legal Intelligencer
Tuesday, January 10, 2012
In federal civil litigation there is a well-defined procedure for mutual discovery for all parties. Civil discovery has become so extensive and complex that the courts have engaged in efforts to limit the practice, with mixed success. One Eastern District judge recently described the scope of e-discovery in a case before him as "staggering." The American College of Trial Lawyers formed a task force to study the growing demands of civil discovery and in 2008 issued a white paper calling for reforms including a return to fact pleading.
Court Stakes Out New Areas of Accepted E-Discovery Costs
The Legal Intelligencer
Tuesday, November 8, 2011
In a recent case in the Eastern District, Judge Legrome Davis upheld court costs of $510,137 for pretrial discovery, most of which involved e-discovery. In doing so, Davis staked out new areas of accepted costs for e-discovery that should be a guide for future litigation.
Awarding Costs of Litigation to the Prevailing Party
The Legal Intelligencer
Tuesday, September 13, 2011
This article discusses litigation costs that may be awarded to the prevailing party in a lawsuit pursuant to Local Civil Rule 54.1 and 28 U.S.C. § 1920. The article will not discuss the award of attorney fees.
