THIRD-PARTY LITIGATION FUNDERS: THE "PARTY" YOU DIDN'T KNOW WAS EXERCISING CONTROL OVER YOUR LITIGATION AND WHAT YOU CAN DO ABOUT IT
It is undeniable that litigation funding is taking the legal world by storm. In 2017, 36% of U.S. law firms reported using litigation funding, which was a 414% increase in use since 2013 when only 7% of law firms reported using it).1 ... Continue Reading
The Art of Collaboration: Tips for Facilitating Collaboration Among In‐House, National, and Local Counsel in Multijurisdictional Litigation
We've all heard the adage that "the best defense is a good offense." The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, multijurisdictional, or serial litigation. ... Continue Reading
Before I was a practicing civil defense lawyer the word "reptile" would have conjured up images of tetrapod animals such as snakes, lizards, crocodiles, and turtles. ... Continue Reading
Failure to Take "Reasonable Steps" to Preserve Electronically Stored Information May Cost Your Client
In December 2015, Federal Rule of Civil Procedure 37(e), which concerns a party's failure to preserve electronically stored information ("ESI"), was amended because it did "not adequately address the serious problems resulting from the continued exponential growth [of ESI]". ... Continue Reading
Sleep Apnea: What Is It? Why Should You Be Concerned? And How Can You Defend Against A Claim That Your Driver's Sleep Apnea Caused The Accident?
The Greek term "apnea" literally means without breath. Obstructive sleep apnea, the more common of the two types of sleep apnea, is a syndrome characterized by sleep-disordered breathing that causes brief interruptions of breathing during sleep. Studies have linked driver fatigue resulting from sleep apnea to decreases in a driver's reaction time, information processing, and decision making. Studies funded by the Federal Motor Carrier Safety Administration ("FMCSA") have found that almost one-third, or 28%, of tractor trailer drivers have mild to severe sleep apnea and that 7% of accidents caused by tractor trailer drivers resulted because the driver fell asleep behind the wheel. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley