About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Prac. Litig. 3 (2010)

handle is hein.ali/practlit0021 and id is 1 raw text is: The Practical Litigator volume 21 I number 1 1 january 2010 Summary Judgment In Hostile Environment Sexual Harassment Cases William R. Amlong 9 Many employers try to portray the workplace in pretty benign terms, painting a picture in which employees and managers always work harmoniously and rare conflicts are dealt with swiftly and competently. The reality is much different: sexual harassment is no rarity, it is often dealt with badly, and when plaintiffs sue they often face serious hurdles - among which summary judgment is one of the worst. In this article, William R. Amlong discusses case selection and client vetting, with a focus on how to evaluate the serious or pervasive require- ment, the plaintiff's evidence, discoverable evidence, and scientific evidence. What Not To Do When Served With A Rule 45 Subpoena In The Age Of E-Discovery Monica McCarroll 19 Complying with a subpoena has never been easy, but a good argument can be made that it is even harder in these days of e-discovery. The reason? There is a lot more information to evaluate to determine how to comply. As Monica McCarroll discusses in this article, the opinion in In re FannieMae Securities Litigation, 552 F.3d 814 (D.C. Cir. 2009), provides a good example of what not to do.To illustrate, the author examines the content of the subpoena, the stipulation, the sanction, the appeal, and pinpoints exactly where the responding party went wrong in the way it handled its response. The Physician As Expert Witness Samuel D. Hodge, Jr. and Avi J. Cohen 25 Doctors testify in even the most routine personal injury cases and their testimony is usually crucial - and can often make or break a case. As respected as doctors are, and as often as attorneys rely on them, one question is not often explored: What ethical duties attach when a doctor testifies? To uphold high standards in these circumstances, a growing number of specialty societies and medical boards have developed Expert Witness Affirmationsthroug h which members affirm to uphold their ethical obligations when testifying. In this article, Samuel D. Hodge, Jr. and Avi J. Cohen discuss the self-regulating nature of the medical profession, standards promulgated by the AMA and various medical specialty boards, and how both plaintiffs and defendants can use the affirmations in litigation. Building A Defensible Search And Review Process For ESI Deborah H. Juhnke 35 E-discovery is nothing new anymore, and some things about it have become very clear. Among those things, is the reality that simple keyword searching is no longer sufficient, given that it too often results in uncovering documents that are not responsive and missing the documents that are responsive. In this article, Debora H. Juhnke discusses the five I's of search and review: intention, investigation, interaction, implementation, and iteration. The author also discusses sampling in data collection and review, and the six steps for sampling for quality control of search and review. E-Discovery Around The World Helen Bergman Moure, Brett Harrison, David A. Marquez-Lechuga, Gavin Foggo 41 As overseas economies continue to grow, the business world becomes increasinglyinterdependent.An inevitableoutgrowth of that interdependence is the increased frequency of litigation that involves parties from more than one nation. In this article, Helen Bergman Moure, Brett Harrison, David A. Marquez- Lechuga, and Gavin Foggo discuss e-discovery rules in the United States pursuant to the Federal Rules of Civil Procedure, local federal district court, state court rules, and case law; in Canada pursuant to the Canadian system for discovery as it affects e-discovery and what is e-discoverable, preservation, production, content, scope and costs; Mexico, based on the adoption in several bodies of law of the UNCITRAL Model Law on Electronic Commerce; and the United Kingdom, based on the 1999 Civil Procedure Rules. The Law of the Litigator To purchase the online version of this issue, go to www.ali-aba.org and click on Publications Back issues, individual articles, and forms are also available there.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most