Lawyers have an ethical obligation to understand core principles surrounding the preservation and production of electronically stored information, including steps that can be taken to preserve confidential and privileged data. The author outlines some of the most relevant rules of professional conduct and ethics opinions for litigators dealing with 21st-century technology.
As privately operated drones are increasingly hovering over our country’s cities and farms, governments are responding by passing laws to regulate their operation in the interests of public safety and privacy. This article addresses the patchwork of laws that have arisen at various levels to govern the private use of drones.
One practice area lawyers cannot afford to ignore is bankruptcy. Because of bankruptcy courts’ broad jurisdiction, a wide variety of cases can be implicated, including evictions, foreclosures, the validity of and right to payment from trusts, consumer protection laws, defamation, and domestic support arrears.
Dec. 16, 2015 – With every case, there are the facts and the law – and there are people. Wisconsin Trial Practice, newly supplemented for 2015-16, will help you effectively work with the people you encounter in the courtroom – jurors, witnesses, judges – to maximize your chances of winning your clients’ case.
The problem of shaky or flawed forensic science evidence is about much more than wrongful conviction of the innocent. It also means that the system fails to identify the truly guilty. Criminal cases are increasingly science-dependent, and the traditional forensic sciences have played a critical role in the way we dispense justice. To make forensic science evidence more reliable, a wide range of reforms must take place.
Sept. 2, 2015 – Fewer cases are going to trial and that means young lawyers are no longer getting the experience they need for future litigation. Young lawyers should proactively seek mentoring opportunities and do some self-learning to help build that experience, says Jesse Blocher.
Defending a corporation and its board in shareholder litigation can be the equivalent of playing one football game on two (or more) different fields. Exclusive-venue provisions help corporations reduce the costs of lawsuits by restricting the number of forums. While such provisions have largely been a Delaware phenomenon, they also may benefit companies incorporated in Wisconsin.
A lawyer's first trial can be a nerve-racking experience. Once you get the opportunity to represent a client at trial, what should you do to prepare? Start with finding a good mentor who does trial work, then really get to know your evidence, says Andrew Wier.
A state appeals court has rejected a physician’s claim that another physician’s testimony about her standard of prenatal and delivery care should have been excluded at trial, concluding the testimony met the standard governing admissibility of expert test imony met the standard governing admissibility of expert testimony.
July 1, 2015 – Summer is here. For many, it’s the best time of the year. But as lawyers know all too well, summertime is also a high season of liability risks. In this article, learn about some of the legal issues that spring to life when summertime is in full swing.
The business judgment rule – that directors are not liable for an honest mistake of business judgment – is both a rule of substantive law and often the source of procedural burdens that shareholders challenging a board of directors’ decision must overcome. The Wisconsin Supreme Court recently reinforced the doctrine, making clear that shareholder-plaintiffs must be ready from the moment they file to present plausible evidence of their right to relief.
May 20, 2015 – Lawyers often begin negotiations by demanding too much upfront, causing both sides to stall out before reaching an agreeable result. By better understanding how to bargain and developing a plan of movement, you can avoid this dead end, says attorney and mediator J. Anderson Little.
Ralph Armstrong spent almost 30 years in prison before a new trial was ordered in his murder-rape case, which was later dismissed. Recently, the U.S. Court of Appeals for the Seventh Circuit ruled that Armstrong can pursue his civil lawsuit against the prosecutor and crime lab techs, accused of destroying evidence in bad faith.
Recent cases have led attorneys and courts to focus on obstreperous conduct during the discovery process. This article identifies the intersection between the discovery rules and the rules of professional responsibility and then focuses specifically on how professional responsibility applies to the deposition process – from noticing the deposition, to preparing the witness, to taking and defending the deposition, to post-deposition practices.
April 15, 2015 – Do you have a deposition soon? In this article, author, attorney, and law professor Shane Read reveals a few tips on deposing and representing witnesses in depositions.
March 18, 2015 – Travel season brings rest and relaxation, but also the potential for tourist scams. In this article, consumer attorneys Ivan Hannibal and Mary Catherine Fons explain the typical timeshare scam, and the legal claims available to help remedy bad situations.
Currently, the interest rate that applies to judgments equals one percent plus the prime rate in effect at the time of the judgment. Prior to 2012, the interest rate on judgments was 12 percent. Recently, a state appeals court said the old interest rate applies to a 2013 judgment because the plaintiff made his offer of settlement in 2008.