- 01Nov2014
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Four Things You Can Do With Google Docs
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- 11Dec2013
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Independent Observers: Reporting the Facts
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It takes constant vigilance to ensure the continued operation of democratic institutions. They don’t just happen on their own. Over the past two centuries, we have evolved a number of procedures and institutions to improve the fairness of the electoral process. True, things are not perfect, as the last presidential election illustrates.
- 11Dec2013
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Judging Science
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Equivalents and Estoppel: Patent Interpretations & Scope
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The “doctrine of equivalents” and “prosecution history estoppel” are two interrelated equitable doctrines courts can apply in determining the reach of patents. The doctrine of equivalents gives some leeway in interpreting the extent of a patent rather than limiting it to the exact literal meaning of the words used to describe the invention.
- 11Dec2013
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Enterprise Search Engines
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Environmental Legislation
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1970 Clean Air Act 1972 Fed Environmental Pesticides Act Water Pollution Control Act Amendments Ocean Dumping Act 1973 Endangered Species Act 1974 Safe Drinking Water Act 1976 Toxic Substances Control Act Resource Conservation and Recovery Act 1977 Clean Air Act Amendments Clean Water Act 1980 Comprehensive Environmental Response Compensation and Liability Act (Superfund) 1982 Asbestos School Hazard Abatement Act 1984 Hazardous and Solid Waste Amendments 1986 Safe Drinking Water Act Amendment Superfund Amendments and Reauthorization Act Asbestos Hazard Emergency Response Act 1988 Montreal Protocol on CFCs Federal Insecticide,
- 11Dec2013
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Employment Cases Skyrocket (arising from civil rights cases)
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Employment Law & EEOC Enforcement Actions
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Ending Ignorance: Clarity Through Paper, Not Purpose
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Ignorance of the law is no excuse. The problem is no one really knows what the law says. Judges don’t. They require attorneys to submit Memoranda of Points and Authorities to back up their motions, and they still have clerks to conduct further research. Attorneys don’t. Even if they tailor their practice to one narrow aspect of the law,
- 11Dec2013
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Dissenting Viewpoints: Three Supreme Court Judges on Damages
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Three of the Supreme Court Justices – Thomas, Scalia and Ginsburg – issued dissents in Campbell. Justice Thomas simply reiterated his statement from concurrence in Cooper, “I continue to believe that the Constitution does not constrain the size of punitive damages awards. Justice Scalia issued a similarly brief statement stating, in part,
- 11Dec2013
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Class Action Reform
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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At the Crossroads: Uncertainties, Life, and Litigation
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In an ideal world, we could just wait for science to provide us with ultimate truths to guide our actions. But we are not living in that utopia and, in this real world, science is as full of change and uncertainty as any other field of human endeavor. Thirty years ago popular scientific opinions held that we were headed toward a new Ice Age if pollution was not curtailed.
- 11Dec2013
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Adding Value: Superior Standards Prevail
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The Ides of March have claimed another victim. This time, however, it wasn’t an emperor but simply a captain of industry. On March 15, a jury in a Southern District of New York convicted former WorldCom CEO Bernard Ebbers of securities fraud. And, while his attorneys will take on the role of Marc Anthony and plead his virtue to the press and the appellate judges,
- 11Dec2013
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Admitting OSHA Data
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 01Sep2013
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Medical Liability Legislation
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 01Aug2013
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TranscriptPad Update Provides Improved Reports
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- 01Sep2012
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Tools for the Sustainable Law Office
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- 04Aug2012
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Simplifying Case Management
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A functional definition of complex litigation recognizes that the need for management… does not simply arise from complexity, but is its defining characteristic: The greater the need for management, the more ‘complex’ is the litigation.” –– Manual For Complex Litigation Third A complex case can take on a life of its own,
- 01Aug2012
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iPad: Transcripts in Trial
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- 18Jun2012
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Limiting Punitive Damages
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 01Jun2012
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Advice for Lawyers New to the iPad
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- 17May2012
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Toxic Mold Litigation
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 28Jul2011
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Real Reform: A Diagnosis of Medical Malpractice
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Judgments in civil actions are supposed to make the parties whole again. For economic damages, that is easily done. A wrecked car can be replaced with a new one. Non-economic damages are an entirely different matter. All a jury can do is give someone money. It can’t restore sight, relieve pain or bring a loved one back to life.
- 10Jun2011
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Ontario Adopts Electronic Filing
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The Toronto courts had a familiar problem. According to Ontario Attorney General Charles Harnic, “The current paper-driven system for filing civil court documents is outdated and costly. With 225,000 documents filed in civil cases each year in Toronto alone, having to go down to court and wait in line-ups to file wastes time,
- 26May2011
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The Pro and Con of Unpublished Opinions
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Pro – Those speaking in favor of a national rule made these points: Currently, non-precedential decisions are the only sources that parties are explicitly forbidden to cite. In some circuits, a party can cite an infinite variety of nonbinding sources of authority – including everything from decisions of the courts of Great Britain to law review articles to op-ed pieces –
- 19Sep2010
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Reasons For Decline and Up and Down
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DISCOVERY SOLUTIONS A common complaint is that attending law school may give one a solid grounding in the principles of the law, but not in the practice of the law. This is learned after passing the bar exam. To help new litigators bridge the gap between theory and practice, three experienced litigators wrote a book Discovery Problems and Their Solutions which was published earlier this year by ABA Publishing.
- 08Aug2010
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Torpedoing “Submarine” Patents
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Article 1, Section 8 of the Constitution states that “Congress shall have Power … to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Given the “Progress of Science and useful Arts” over the past 200 years,
- 01Aug2010
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Examining the 4 Areas of Business Social Networking Risk
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- 14Jul2010
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Open Season
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It used to be difficult to get court records. In 1944 the U.S. Judicial Conference set a $.40 fee per page, the equivalent of $3.81 today, and you had to go down to the courthouse to get it. Now, with electronic access, you can do the same from your PC for $.07 per page,
- 01Jun2010
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Why Do You Need an Investigator?
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- 01May2010
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Three Ways and Expert Witness Can Save Firms
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- 01May2010
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The Choreography of Trial Preparation
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- 01Apr2010
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The Reason Storytelling Works
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- 01Feb2010
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What is MMSEA Section 111 and How Does it Affect Me, My Practice and My Clients?
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- 01Feb2010
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A Low Tech Advantage in a High Tech World
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- 13Oct2009
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Technology to the Rescue
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Imagine having all your contacts, appointments, and notes from your computer with you all the time. It was just a dream a few years ago, and even two years ago it was still an expensive dream. With new technology and less expensive products, this dream is now a reality for less than $200.
- 11Oct2009
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Safety Standards: Key Links & Groups
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In many types of litigation, once the basic facts of the case are determined, there is still the matter of determining whether or not the act was preventable by following generally recognized procedures or standards. Issues of negligence and liability frequently turn on such questions, and there are many experts making a good living testifying on what those standards are.
- 01Oct2009
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The Holding Pattern
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- 03Sep2009
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The Tribulations of Trials: Civil Case Statistics
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A few years ago we covered the declining number of civil cases being filed in both state and federal courts, a trend that began in the mid-80s and continues at least through 2003, the most recent year for which statistics are available. But there is another trend which predates, and perhaps causes this decline: a forty –
- 01Feb2009
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Winning The Big One – Hard Work Paying Off
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I think that everyone dreams about winning “the big one,” that one victory that suddenly makes all your years of work worthwhile. For a football player there is the Superbowl. For a writer there is the Pulitzer Prize. For a doctor there is developing a new cure. For an attorney there is winning a big case.
- 24Oct2008
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Two Sides of Medical Malpractice
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Making Insurance Affordable The following is from interviews with Tom Packer of Gordon and Rees, LLP, in San Francisco, chairman of the Defense Research Institute’s Medical Liability and Health Care Law Committee, and Michael D. Shalhoub of New York City’s Heidell, Pittoni, Murphy and Bach, LLP, the committee’s vice-chair. Is there a crisis in the area of med mal insurance that needs to be addressed legislatively?
- 01Oct2008
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Did the Opposing Side Hide Some Files?
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- 01Jun2008
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Musings on Meet and Confer
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- 25Apr2008
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Safeguarding Tomorrow’s Intellectual Resources
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No emperor, two centuries ago, possessed the wealth of intellectual resources that the average citizen does today. Where an emperor had a few court musicians at his disposal, I have Beethoven, B.B. King and the Beatles sitting on my CD shelf, eagerly awaiting my beck and call. Nor do I ever have to wait for a troupe of players to come to town and put on their meager repertoire.
- 11Nov2007
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Gear Up for Great War Rooms
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- 01Jun2001
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Festo (Inventions & Patents)
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.