This article, as published in U.S. Law Week, may be accessed by connecting

Federal Practice Circuit Splits Gregory P. Joseph* This article explores persisting splits among the Circuits on selected, significant issues of removal, deposition procedure, arbitration, and statutes of limitations. Removal ...

Gregory P. Joseph* The Supreme Court’s decision in Bridge v. Phoenix Bond & Indemnity Co., 128 S. Ct. 2131 (2008), was the most significant development under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) over the past year. This article summarizes Bridge and other significant recent cases. Note: On Jan ...

Gregory P. Joseph* The explosive growth of the Internet and burgeoning use of electronic mail are raising a series of novel evidentiary issues. The applicable legal principles are familiar — this evidence must be authenticated and, to the extent offered for its truth, it must satisfy hearsay concerns. The novelty of the ...

Gregory P. Joseph* The Advisory Committee on the Federal Rules of Civil Procedure has issued for public comment proposed amendments to Rules 26(a)(2) and (b)(4) governing disclosure of expert opinion. These amendments are expected to be adopted effective December 1, 2010, as amended following public comment. This article examine ...

Gregory P. Joseph* This article analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitration Association or other organization. Supreme Court Opinion ...

Gregory P. Joseph* This is the second of two articles exploring important recent developments in the law of privilege and work product protection. (The first, which focused on privilege developments in the corporate setting, was published in the February 11, 2008 edition of the National Law Journal is available on the Recent Articles ...

Gregory P. Joseph* Proposed Federal Rule of Evidence 502 passed the Senate Judiciary Committee by voice vote on January 31, 2008, and, once enacted by both houses of Congress, it will be the most significant development in the field of attorney-client privilege since Upjohn v. United States, 449 U.S. 383 (1981). Pending that, this is ...

Gregory P. Joseph* Twenty-five years ago, on January 1, 1983, it cost parties roughly the same to litigate in state and federal court. Plaintiffs chose federal court sometimes for expansive discovery or to get a preferred judge, even though state court was an available alternative and additur impermissible in federal court. Today, plaintif ...

RICO Developments 2007 Gregory P. Joseph* Pleading a civil claim under the Racketeer Influenced and Corrupt Organizations Act (‛RICO“), 18 U.S.C. §1964(c) has always been challenging. Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), has only exacerbated the difficulties. Courts generally im ...