Category Archives: Litigation

3 Days Gone: New Federal Rules Take Effect Today

A quick reminder to all federal court practitioners: 2016 just keeps piling it on. Not content to simply let us rest after everything we’ve been through this year, new Federal Rules of Civil Procedure take effect today, and the primary … Continue reading

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Seventh Circuit: Remember, Service-of-Suit Clauses Can Keep You Out of Federal Court

I know, I know. It’s been forever since I’ve posted, and I’m not even going to bother making excuses. So, here goes with the first case update… Last month, the Seventh Circuit held that a reinsurance agreement’s service-of-suit clause barred … Continue reading

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Fourth Circuit: Insurer Has a Duty to Defend Because CGL Policies Might Cover Data Breach

Here’s an interesting development in two areas close to my professional heart: technology and insurance coverage. It’s been said with some frequency in recent years that traditional CGL policies do not cover losses arising from data breaches. Last week, however, the … Continue reading

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Helping Your Expert Thrive in the Hot Seat: Part Three

Presenting expert opinions at trial The last phase in presenting persuasive expert testimony is putting the expert on the stand at trial. Appearance and presentation take on more importance here, as does connecting with the jury. A jury views a … Continue reading

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Helping Your Expert Thrive in the Hot Seat: Part Two

  Defending Expert Opinions at Deposition Once your expert has crafted his or her opinions, they must hold up under cross-examination at deposition and trial.  Part Two of this series provides tips for helping your expert give the strongest and … Continue reading

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Helping Your Expert Thrive in the Hot Seat: Part One

Presenting effective expert witness testimony requires more than finding someone who can arrive at the correct conclusions; you must communicate those conclusions in a convincing way.  The rules of evidence and procedure can create disadvantages for unfamiliar experts and prevent … Continue reading

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Georgia Rejects Reservation of Rights Defense Where Insurer Denies Coverage

In Hoover v. Maxum Indemnity Company, a majority of the Supreme Court of Georgia ruled that an insured cannot disclaim coverage on one ground and reserve its right to disclaim on another.  The Court, applying Georgia law, reversed the Georgia … Continue reading

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