Politics and Commercial Litigation

Part of why I rarely see the influence of politics in my work is because of stare decisis. In general, courts follow the rules set forth by appeals courts. And so judges have limited opportunities to carry out the bidding of powerful interests if doing so required making new law. To do so may require a case with no existing precedent, which may be rare, or a case that proceeds to appeal, which may also be relatively rare for many commercial cases, which often settle.

Litigation in Iceland

"Eðli máls" (the nature of the case) is a recognized source of law in Icelandic legal practice. It is used when there is no explicit statutory provision, precedent, custom, or other clear legal source that directly applies to a particular legal issue. When courts or legal professionals rely on "eðli máls," they base their decisions on reason, fairness, and general legal principles to determine a just and reasonable outcome.

Comments on Recent Cases: March 2025

Parties in litigation have very broad powers to ask questions and gain information about the other parties. This often includes information that is irrelevant to the case. But in some instances, courts will put limits on the subjects of inquiry in discovery.

More Thoughts on Litigation Expenses

For me, I often find the magic number to around $300,000 - disputes about a number below that amount, in many circumstances, are hard to make work economically.

Cryptocurrency Disputes

Because cryptocurrency litigation is relatively new, judges are not as familiar with it as they are with other kinds of business claims. Some are savvy, while others are skeptical. As a result, lawyers take great care to explain basic concepts in cryptocurrency to judges who may be new to the field so that the judges take the claims seriously instead of dismissing them because they seem strange or nonsensical.

Updated Thoughts on Document Requests

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.

Litigation in Turkey

In 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.

Comments on Recent Cases: February 2025

After 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.

2025 Document Review Strategies

Companies 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.

Securities Fraud Claims

The 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.

Litigation in Belgium

In 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.

Comments on Recent Cases: January 2025

A 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.