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Parties entering into transactions often provide for indemnification rights in their agreements. There was no provision for fee shifting elsewhere in the agreement, whereas in some previous decisions the court had denied recovery of attorney fees unde indemnification clause if the contract elsewhere included a prevailing-party clause. [Extracted from the article]

As an attorney that regularly handles legal malpractice cases, I frequently recite the standard elements of a professional negligence claim: duty, breach, causation and damages. Attorneys must recognize that when a client provides instructions intended to benefit a third party, the attorney may owe a duty of care to those intended beneficiaries of the attorney's services. [Extracted from the article]

The article offers suggestion to young attorney on the importance of legal expert testimony in litigation, which shapes the outcome of the case. Topics discussed include junior attorney's task of identifying potential experts, reviewing and challenging the expert's opinions, and protecting communications between counsel and expert witnesses under federal rules.

The article discusses the perspective of a young lawyer on the proposed modifications in the Federal Rules of Civil Procedure. Topics covered include the efforts put in by young lawyers to draft responses, objections and requests. Also mentioned is the need for wide-open discovery of new facts to be used by defense in a case.

After the upheaval caused by the sudden transition to virtual legal practice during the COVID pandemic, many attorneys have now become accustomed to the idea of virtual legal proceedings. Virtual depositions, hearings and trials present time and cost-saving features that can be appreciated by witnesses, clients, senior attorneys, and junior attorneys alike. [Extracted from the article]

The article focuses on the risk of facing lawsuits by a defendant while settling one lawsuit. It informs that defendant may want to include a provision in the settlement agreement limiting that attorney's ability to bring lawsuits against the defendant. Rule 5.6(b) says that a lawyer shall not participate in offering or making an agreement which restricts lawyer's right to practice law.

The article identifies a few of the recurring issues that typically arise in class-action cases and provides a general analysis of the factors that a lawyer should consider in addressing them. It is noted that an analysis of the plaintiff's claims and their necessary elements is extremely important particularly in deciding whether to bring a case as a class action. It mentions the importance to consider the court in which the case will be litigated. The advantages and disadvantages of filing a class action over individual lawsuits are also elaborated.

The article discusses the fundamentals of litigating industry disputes despite the mandatory arbitration requirement of the Financial Industry Regulatory Authority (FINRA) in the U.S. It says that it is hard for financial industry professionals to move out of the preferred forum for dispute resolution. The author adds that the exceptions to the mandatory arbitration requirement cover only disputes from a member's insurance business activities, which is also an insurance firm. The terms of the Code of Arbitration for Customer Disputes are also discussed.

The article discusses the strategies for approaching litigation after the implementation of banking reform laws in the U.S. It says that lawyers played two key roles for many banking institutions in the country, namely a litigation-focused role and a regulatory-focused role. According to the author, a litigator can be the subject of an enforcement action as a party related to a banking institution. The increasing rates of vulnerability to losses and the potential impact of a litigator on risk management analysis are also discussed.