Amendments to the Federal Rules of Civil Procedure, effective December 1, 2015, narrow the scope of discovery, shorten deadlines, and encourage judges’ involvement in managing cases. The ABA Section of Litigation is launching a 13-city Rules Amendments Roadshow program that highlights and discusses the changes to the rules. Section of Litigation leaders say the new amendments to the Federal Rules of Civil Procedure are the most significant change to federal civil practice in the last decade.
The...
Everyone knows that chronic stress is dangerous, especially for the developing brain. It prunes dendrites and inhibits the birth of new neurons. It shrinks the hippocampus, swells the amygdala and can lead to an elevated risk for heart disease, depression and diabetes. At times, these persuasive studies can make it can seem as if the ideal childhood is an extended vacation, shielded from the struggles of life.
But the human brain resists such simple prescriptions. It is a machine of tradeoffs,...
As part of the 2015 ABA Annual Meeting, the ABA House of Delegates urged Congress to pass sweeping changes to the laws regarding federal diversity jurisdiction over unincorporated businesses. If Congress acts, it would mark the first revisions to the federal diversity statute since the Eisenhower Administration.
In August 2015, the House of Delegates overwhelmingly passed House Resolution 103B. This initiative, submitted by the ABA Section of Litigation, urges Congress to amend the federal diversity...
Instead of being programmed, a robot uses brain-inspired algorithms to “imagine” doing tasks before trying them in the real world.
Like many toddlers, Darwin sometimes looks a bit unsteady on its feet. But with each clumsy motion, the humanoid robot is demonstrating an important new way for androids to deal with challenging or unfamiliar environments. The robot learns to perform a new task by using a process somewhat similar to the neurological processes that underpin childhood learning.
Darwin...
Class counsel cannot assume that courts will rubber stamp their fee requests. This point was again emphasized in Reid v. Unilever United States, Inc., where a district court rejected more than half of the requested attorney fees. In doing so, the district court focused on overly redacted billing entries, time spent writing press releases and inquiries from television outlets, and clerical tasks performed by attorneys.
Fee Request after Class Action Settled
In 2012, the plaintiffs filed a class...
Email Tips
There are some techniques for managing email negotiations and for addressing the disadvantages. If you are negotiating with someone you have never met, consider establishing a personal relationship before you begin the back and forth by email. Studies have shown that even a simple phone call and the identification of some commonality can help with subsequent email negotiations.
Take care with each email. Take the time to read all the words and read them carefully before you respond...
As the U.S. tax code becomes increasingly complex, particularly in the realm of partnership taxation, various laws are often implemented without considering their effects on the overall tax system. Such laws not only create confusion among well-meaning taxpayers, but can be exploited by highly paid tax professionals in order to create perverse results not anticipated by policy-makers. To get an idea of an impact scale, Rosen and Hemberg’s team cites a May 2014 Government Accountability Office report,...
One of the LII’s most-used collections is the Code of Federal Regulations, which is an online version of the official compilation of the regulations published in the Federal Register. Our edition has lots of useful features, but we’ve regularly gotten one big complaint: it’s out of date (our online text is based on the published book, which can be up to a full year behind).
The Office of the Federal Register and the GPO have made available, in bulk, a machine-readable (XML) text of the eCFR,...
The district court in Mohamed et al v. Uber Technologies, Inc., struck down employment arbitration agreements, calling them procedurally and substantively unconscionable. This decision is “the latest front in the assault against the enforceability of arbitration agreements,” says Brian Koji Tampa, FL, cochair of the ABA Section of Litigation’s Employment & Labor Relations Committee. Section leaders believe the decision is a signal for attorneys to consider rethinking the language contained...