Diversity Lab’s Post

#LawyersofLinkedIn, In this Middlesex Law Association (MLA) seminar, Sean Miller and Samantha Gordon provide a detailed examination of Anti-SLAPP (Strategic Lawsuit Against Public Participation) proceedings and Partial Settlement Agreements. Sean Miller provides strategies for defending against SLAPP actions, emphasizing their role in limiting free speech on matters of public interest. He breaks down the legal tests involved, covering the threshold burden, merits-based hurdle, and public interest hurdle. Sean Miller presents statistics on motions and appeals, notes that Anti-SLAPP motions are often costly, and addresses the significant judicial discretion in determining what constitutes a matter of public interest. Samantha Gordon discusses partial settlement agreements, and the obligation of immediate disclosure in multi-party litigation. She outlines the legal precedents that established this rule, and explains the aspects of Mary Carter and Pierringer Agreements. Samantha Gordon stresses the importance of prompt and forthright disclosure, explaining that failure to disclose immediately can result in a permanent stay of proceedings. The speaker underscores the need for immediate disclosure of both the existence and relevant terms of settlement agreements, and advises bringing a motion for directions if there is any uncertainty regarding the disclosure obligation. You can watch the full program on-demand at CPDonline.ca when you get a low cost subscription! Save 50% on your 2024 CPD when you enter the code '2YEAROFF'! https://lnkd.in/eexeTriQ #Law #lawstudents #lawyers #lawfirmmarketing #lawyerlife #lawyering #lawsuits #lawandlegislation #legalissues #legalprofession #paralegals

If you are a practitioner in Massachusetts, MLW is a must read!! In this article I am quoted as saying the following (truly insightful things :)): "What this case emphasizes is that what you call a document really does not matter in Massachusetts." (Because the terms and the actions undertaken are controlling, not that you called the document a Letter of Intent or Memorandum of Understanding.) "Whenever I am faced with a potential issue of an 'agreement to agree,' I always ask the client 'What did you do after you signed." (Actions speak louder...) As for judicial estoppel applying in an administrative agency proceeding, I am quoted (correctly) as stating I see "no principled reason" why the SJC would not follow the lead of federal case law and acknowledge the availability of judicial estoppel when circumstances warrant." BUT what I really want to say is that this case, along with so many others out of the Business Litigation Section of the Superior Court, speaks volumes as to why the BLS must be expanded. AND in 2003, the Boston Bar Association had some "things" to say about the rotating session judge system we have in Massachusetts. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://lnkd.in/gr6cR4cm C'mon folks, let's reform!!! Well that's a lot for a Monday morning post Superbowl.

Join us Thursday August 22, 2024 at 12:30p.m. via Zoom as we Learn how to use citators to make sure your cases, statutes, and regulations are still good law, and find more citations for your research question. Learn about the major online case citators – Shepard’s on Lexis Advance and KeyCite on Westlaw. Register here: https://lnkd.in/gUJmV7Sq or call 213-785-2516 for registration assistance. As always, we are here to help six days a week at (213) 785-2513, [email protected], or via chat at https://bit.ly/341pHY #LegalResearch #LALawLibrary #ZoomClasses #LegalEducation #LegalProfessionals #ContinuingEducation #MCLE #LegalTraining #LegalResources #CiteGoodLaw #ResearchSkills #LegalResearchTools #Citators #LegalUpdates #OnlineLegalClasses #LegalKnowledge #LegalResearchClass #LawyerLife #LegalSkills #LegalPractice #LegalResearchTips #LegalProfession #LegalExperts #LawLearning #LawClass #LegalWorkshops #LegalEducationOnline #LegalContinuingEducation #LegalProfessionalsTraining #LegalCommunity

Really looking forward to our chapter’s Business of Law conference. These are excellent speakers and all potential members are welcome! #azala #legal #ala

"The Power of Precedent: Understanding Stare Decisis" In law, consistency is key. That's where the principle of stare decisis comes in – a Latin phrase meaning "to stand by things decided." It's the foundation of our legal system, ensuring that courts follow established precedents when making decisions. What is stare decisis? Stare decisis is a principle that obliges courts to follow previous rulings in similar cases, promoting predictability, stability, and fairness in the application of law. Why is it important? Stare decisis: - Ensures consistency in legal decisions - Provides clarity and predictability for businesses and individuals - Supports the rule of law and limits judicial discretion - Encourages efficient dispute resolution In practice Stare decisis is crucial in various legal areas, such as contract law, tort law, and constitutional law. It guides judges to consider previous decisions when interpreting laws, ensuring that similar cases yield similar outcomes. In conclusion Stare decisis is a fundamental principle of law that promotes consistency, predictability, and fairness in our legal system. By understanding and applying this principle, we can build trust in the rule of law and support a more just society. #law #legalprinciples #staredecisis #precedent #consistency #fairness #justice

Playing the devil's advocate is a key litigation strategy. You'll have to learn to pretend to oppose your line of reasoning or argument. Last week, I had a matter in court. I was to argue a particular application. As usual, I prepped the day before and ordinarily, I should have felt satisfied with my level of preparations. But something kept bugging my mind. I had the feeling that the other lawyer was going to put forward a particular reason why the application shouldn't be argued. I knew this particular reason, if put forward by the opposing Counsel, wouldn't be enough ground to prevent the hearing of the application. Yet, there was the possibility that it would come up for debate. What did I do? I simply went on research. The task was simple: find the legal authorities that support the argument of the application without necessarily doing what the opposing Counsel would suggest that I ought to do before the Court can hear the application. As I anticipated, the opposing Counsel raised that particular issue even before the court sitting began, and because I had some legal authorities in my arsenal, I was able to lead the Counsel to see why her position wasn't tenable. It's good to be familiar with your line argument, it's even better to be familiar with probable opposing arguments. Have a lovely week ahead. #litigation

Olshan Frome Wolosky LLP Chair of Litigation Lori Marks-Esterman authored an article in New York Law Journal entitled “Section 1782 is a Little-Known Superpower for Foreign Litigants.” Lori writes that foreign litigants can benefit from discovery and testimony granted by Section 1782 subpoenas, which have the full scope and authority of domestic discovery. Section 1782 may help foreign litigants obtain valuable information from U.S. companies and individuals, but the courts have great leeway in weighing these and other discretionary factors. “Foreign litigants can often benefit from testimony and discovery of information residing in the U.S.,” Lori writes, adding, “the complexities of the statute require careful planning and execution for a successful court outcome.” #OlshanLaw #Section1782 #NewYorkLawJournal #ForeignLitigation #LegalProcesses #Litigation #WHM https://lnkd.in/eWVdckfm

"Practicing lawyers do not want to see the bar exam go away and are exhibiting a, "If I had to take it, so should you," type of mentality, a recent survey indicated." (Law.com) https://lnkd.in/d2UPycaA #legalcareer #barexam #legalstudies #lawpractice #legaled

🔍 Reflections on My Recent Role as an Expert Witness in a High Court Case, particularly as Gareth Jenkins of Fujitsu is appearing in front of the Post Office Inquiry tomorrow 🔍 I recently had the unique experience of serving as an expert witness in a case going to the High Court. As it was my first time doing this, I gained invaluable insights, particularly into the nuances of Part 35 of the Civil Procedure Rules (CPR), which governs the conduct and duties of expert witnesses. Why This Matters: Being an expert witness is not just about possessing knowledge in your field—it's about understanding the legal framework and implications of your reporting. Part 35 of the CPR is crucial as it outlines the expectations and responsibilities placed upon expert witnesses, ensuring that their contributions are impartial, well-founded, and adhere to legal standards. Importantly, my duty being to the court and not to the parties involved in litigation. A Cautionary Tale: Tomorrow, Gareth Jenkins of Fujitsu is due to appear at the Post Office Inquiry. His involvement as an expert witness highlights a critical issue: the dangers of participating without fully comprehending the implications. This is a reminder that thorough preparation and an understanding of the legal responsibilities are not just beneficial—they are essential. The miscarriages of justice we have seen unfold, the devastation to so many subpostmasters, their families and unfortunately the ultimate toll of life for a number of them. My Takeaway: To all professionals approached to serve as expert witnesses: invest time in understanding the relevant legal frameworks, such as Part 35 of the CPR. Speak to other expert witnesses, and also the legal firms involved (I know speaking to lawyers can sometimes be a bit dry!!) Your expertise is invaluable, but it must be complemented by a solid grasp of the legal duties and ethical obligations that accompany the role.

Dear connections, I had the privilege of attending an insightful webinar on 'Navigating the Complexities of Competition Law: Trends, Challenges, and Best Practices' organized by Jus Corpus on September 29, 2024. The session featured distinguished speakers: Dr. Kusum Joshi, Mr. Ayush Pandey, and Ms. Sakshi Batham. The webinar offered valuable insights into current trends and challenges in competition law, providing practical approaches to address these complexities. As the legal landscape evolves, staying updated on these developments is essential for legal professionals. I am grateful for the opportunity to learn from experienced professionals like Dr. Kusum Joshi, Mr. Ayush Pandey, and Ms. Sakshi Batham. The knowledge gained will undoubtedly enhance my understanding of competition law practice. I invite fellow legal professionals to connect and share thoughts on recent developments in competition law. Let's engage in meaningful discussions! #CompetitionLaw #LegalEducation #ProfessionalDevelopment #CorporateLaw #LegalPractice