Blog Authors

Latest from Unpredictable

The legal profession attracts a lot of people who like to seem smart and in control. And yet a big part of being a litigator is becoming comfortable with saying “I don’t know.” I say it a lot in my work, and I advise clients about when it is appropriate for them to say it, too. It’s an awkward thing to say, because in regular conversation, it’s acceptable to guess or to say things you…
Many lawsuits end because the parties agree to settle their claims. When that happens, the parties usually memorialize their settlement in an agreement. Although I discussed a key aspect of settlement agreements, the release, in a previous post, these agreements normally have other important clauses. Why should you continue to read this post about settlement agreements? You agreed to do so as part of a settlement. You feel good hearing about adversaries coming together…
The Israeli legal system shares a common ancestor with the American one, since it traces its roots to British rule. But despite applying the common law system, litigation in Israel has several key differences from litigation in the United States. To learn more about Israeli litigation, I spoke with Shai Granot, the founding partner of Granot-Speiser in Tel Aviv. Why should you continue to read this post about litigation in Israel? You are interested…
A plaintiff in a commercial dispute usually has the burden of establishing that they are entitled to win. And if a case proceeds to trial, a plaintiff often meets this burden by presenting witnesses who testify about why the plaintiff should win. And even though defendants usually carry no burden, they often present witnesses to tell their story. The process of presenting the testimony of friendly witnesses to present the primary case for why your…
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. New York Appellate Court Narrowly Applies the Relation Back Doctrine to an Amended Complaint Litigants in disputes can amend their complaints to add claims that did not appear in their original complaints. And generally speaking, the court will treat those claims as if they were filed…
Commercial dispute plaintiffs in the United States often get to decide whether to have their claims decided at trial by judge or by a jury. Plaintiffs often select juries, because juries may be sympathetic to their claims. But there are also compelling reasons for a plaintiff to have a “bench trial,” in which the judge decides the facts of a case. Why should you continue to read this post about bench trials and jury trials?…
Many lawyers recommend that parties to a dispute try mediation before spending money on a full litigation.  It makes sense for parties to consider a compromise, especially if the result costs less and does less damage to the relationship between the parties.  But in my experience, mediation is not always appropriate and can end up wasting time and money. Why should you continue to read this post about mediation? You have a dispute and are…
The first step in making a document production is gathering your clients’s documents and coding each of them for responsiveness and privilege. But the work does not stop there. Next a lawyer needs to redact partially privileged documents, generate a privilege log, and then export the production in a unique format. Why should you keep reading this post about document productions? If you read the first post about document productions, you may not want to…
Dubai is prominent global financial center, and so it is home to many commercial disputes. And while its court systems have many similarities to its American counterparts, there are fascinating differences. To learn more, I asked Majid Asad Alameeri, the head of litigation at the Dubai law firm of Hussain Lootah and Associates to share information about his firm’s litigation practice. Why should you read this post about litigation in Dubai? Reading this post…
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. Federal Courts Grant Deference to American Plaintiffs in Their Choice to Litigate in the United States Litigation News published my recent article about the forum non conveniens doctrine. When applying that doctrine, federal courts in the United States follow a technical procedure to determine whether…