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Some litigants are pretty sure that they are very clearly correct and the other side is very clearly wrong.  And so it may come as a surprise to them that they don’t immediately get what they want.  After all, can’t the lawyer just call the judge up, explain that their client is right, and then that’s the end of the lawsuit? It turns out that the wheels of justice move more slowly than many people…
Continuing my series of interview with litigators from around the world, I’d like to share some things I learned about litigation in China from an interview with Beijing attorney, Qishi Li. Why should you continue to read this interview with Ms. Li about litigation in China? You do business in China and you are interested in what recourse the Chinese courts will provide if a dispute arises You like the written interview format and other…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Courts Enforce Contracts Despite the COVID-19 Pandemic In a May 2020 decision, a federal court in New York refused to treat the pandemic as an excuse for gyms in one case to default on a settlement agreement, claiming that “economic hardship” did not constitute “impossibility.”…
Lawsuits can be very expensive! This is especially true in the United States where the discovery process may require a team of lawyers to review a mountain of documents and interview numerous witnesses. So who pays for lawsuits? Generally speaking, each side pays for its own attorneys’ fees and costs, but various rules and arrangements sometimes vary these burdens to make litigation accessible to people and companies who don’t have deep pockets. Why should you…
Parties in American litigation are generally allowed to request all relevant, non-privileged documents about the dispute. But a party needs to do more than just demand “all the documents” because the producing party may have a different understanding about what is relevant. So instead, parties make detailed requests for specific types of documents to make sure the other side knows it is expected. Drafting a document request is difficult because the party drafting it often…
In my job, I get to work with lawyers from around the world. Sometimes a client from the United States needs help from a court abroad, which requires me to work with foreign counsel. And sometimes a client abroad needs help in the United States, and so lawyers reach out to me and my firm. When I speak with lawyers from other countries, I often learn about some interesting differences between litigation abroad and litigation…
Emails can be an incredible resource for evidence in a commercial dispute.  They can provide a firsthand and contemporaneous account of the thoughts and activities of the people involved.  And they are often written without a lawyer editing them or the awareness that opposing counsel will be reviewing them.  But finding emails that can make good exhibits still requires a lot of work. Why should you continue to read this post about document review? You’re…
Like people in many other jobs, litigators use computers for a lot of their work. In other posts, I’ve written about how litigators use legal research websites and document review software. And, of course, litigators use Microsoft Office to, among other things, draft documents, edit spreadsheets, and send emails. But the day-to-day life of a litigator often includes several other pieces of software. Why should you continue to read this post about litigation software? You’re…
In some situations, a party needs the court to act quickly to prevent something bad from happening or continuing. But since lawsuits take awhile, American courts have procedures for litigants that need immediate (albeit temporary) relief. Courts can issue Temporary Restraining Orders (often called “TROs”), usually within hours after a party requests them. TROs often only last a short period of time, just long enough for the parties to have a more formal argument about…
A Formal Statement That Gives Up The Right to Sue One of the most important parts of the settlement of any dispute is the release.  It is the formal statement by the aggrieved party that they give up their right to litigate the dispute.  Once a party signs a release, any further litigation on the subject of their dispute may be promptly dismissed. But releases are usually written in a complicated way.  And many people…