A blog about the work lawyers do to win commercial disputes by Will Newman
In the body of a document request, an attorney will set forth numbered requests for documents. The number of requests may vary, but it is not uncommon for a document request to have fifty or more numbered requests. In my experience, some requests are broad and others are specific.
Read MoreIn general, Turkey does not have the jury system for any kind of courts or trials. However, the number of assigned judges may vary according to type of the claim and the court. For instance, the commercial courts usually have 1 judge and this is the normal practice. However, if the value of the claim exceeds 300.000 TRY, then a committee of judges (3 judges) handles the claim.
Read MoreAfter a deposition, a witness should review the transcript of her testimony to make sure that it is accurate. She can note in the “errata” sheet any errors. But the witness can only correct mistakes in the transcription of her words; she cannot alter the substance of her responses in the errata sheet.
Read MoreCompanies often compile spreadsheets or other documents that are helpful to better understand the facts of the case or to evaluate claims made by witnesses. I try to keep an eye out for documents like employee directories, monthly financial statements, and organization charts.
Read MoreThe basis for many securities fraud claims is a Securities and Exchange Commission rule called Rule 10b-5. That rule essentially prohibits anyone from lying in connection with securities. Often this is in connection with the sale and promotion of securities, but the rule also applies to statements made by a publicly traded company to the marketplace in general.
Read MoreIn Brussels there are Dutch and French speaking courts. I plead before both of them or other courts in Wallonia in French. We have a small German speaking territory (a leftover feom WWI) and I have had the chance to plead before the local court in German a few times.
Read MoreA defendant in litigation may argue that the plaintiff sued in the wrong court. For example, a California defendant may claim that they should not need to participate in a lawsuit in a New York court. And while judges often decide these issues before the parties need to exchange evidence, sometimes courts require a limited exchange of evidence to decide whether the plaintiff chose the right court.
Read MoreThe deposition should start by following the script of questions that the lawyer prepared. But witnesses will frequently give unexpected answers. This is why I keep an eye on the transcript (I usually pay extra for the “Real Time” screen that lets me see the transcription of what was just said) and, if the answer leads to more questions or if the answer is unclear or unresponsive, I follow up until I get a clear answer.
Read MoreTemporary Restraining Orders frequently arise in disputes arising from the use of confidential material or intellectual property. This may be because it is difficult to quantify the damage arising from improper use of confidential material and so a money judgment may not properly compensate a plaintiff.
Read MoreSlovenia is a civil law country, so we don’t need to state the law as much as in common law. As a result, 10-20 pages for an initial complaint is average, but it depends on complexity. The complaints in simple cases could be shorter.
Read MoreAn important part of litigation is the motion for summary judgment. It is a litigant’s opportunity to avoid a trial on the grounds that the opponent has no evidence that can support her claims or defenses. But to prevail, a movant needs good evidence herself.
Read MoreIn a settlement negotiation, the defendant's main objective is to get a release from the plaintiff. A defendant usually offers the plaintiff money in exchange for a promise by the plaintiff not to sue and to end any existing litigation. But the defendant usually also wants a release from the plaintiff because it legally ends the threat of any future litigation by the plaintiff on the subject of the dispute.
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