Commercial Litigation and Arbitration

Articles

Gregory P. Joseph*     On September 19, 2008, the President signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously-filed cases in the discretion of the trial jud ...
Gregory P. Joseph*     On September 19, 2008, the President signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously-filed cases in the discretion of the trial judge and to…
Experts, Privilege and Civil Procedure - Recent Developments Gregory P. Joseph*      Employees can be expe ...
Experts, Privilege and Civil Procedure – Recent Developments Gregory P. Joseph*      Employees can be experts, but can they be designated non-testifying experts to shield their work from discovery? Is there a settlement privilege? Must litigation be threatened for joint…
Gregory P. Joseph*     In the realm of sanctions, state of mind matters. Some sanctions require bad faith, and even if negligence is enough, "subjective intent can bear on whether to impose a sanction and what amount to fix.... Even a dog, said Holmes, distinguishes between being kicked and being stumbled over. ...
Gregory P. Joseph*     In the realm of sanctions, state of mind matters. Some sanctions require bad faith, and even if negligence is enough, “subjective intent can bear on whether to impose a sanction and what amount to fix…. Even a…
Federal Arbitration Developments Gregory P. Joseph*      One of the problems many perceive with arbitration is that the panel, unlike a judge, is not subject to meaningful appellate review and may not feel constrained to exert the same level of analytic rigor. Parties somet ...
Federal Arbitration Developments Gregory P. Joseph*      One of the problems many perceive with arbitration is that the panel, unlike a judge, is not subject to meaningful appellate review and may not feel constrained to exert the same level of analytic…

Recent Articles

Archives