Discovery of Electronically Stored Information
201406.03
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Discovery of Electronically Stored Information

Whether or not you are on Facebook or are a devoted user of social media apps, as a litigator you have to be, at the very least, aware of how technology affects discovery and can potentially lead to a gold mine of information. Moreover, some knowledge of how technology affects litigation is essentially mandatory now….

The Irreparable Harm Element for Injunctive Relief
201406.03
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The Irreparable Harm Element for Injunctive Relief

When attorneys stride into court to argue the merits of a request for a preliminary injunction, they are usually focused on arguing the merits of the plaintiff’s claims. Convincing the judge that the plaintiff either does or does not have a likelihood of succeeding on the merits is obviously important. However, frequently the main battleground…

Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions
201404.07
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Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions

The Michigan Court of Appeals recently issued an opinion providing that a law firm that represents itself in an action for non-payment of attorney fees is entitled to obtain case evaluation sanctions and be compensated for its own fees incurred in bringing the fee action when the former client fails to accept case evaluation pursuant…

The Burden of Proving the Burden of Proof
201404.07
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The Burden of Proving the Burden of Proof

We all know that the default burden of proof standard in civil cases is the “preponderance of evidence” standard. In explaining this standard to a jury, many of us resort to the proverbial tipping of Lady Justice’s scales. We also know that fraud claims require proof by the higher “clear and convincing” standard. Imitations of…

Business Court Update – Supplemental Jurisdiction
201404.04
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Business Court Update – Supplemental Jurisdiction

As more practitioners file cases in the Business Courts, it is predictable that they will have to grapple with jurisdictional issues involving multiple claims. One issue that litigators should be aware of is that business courts have ‘supplemental’ jurisdiction over claims that are not themselves business court claims, but that are related to business court…

How to Turn the Table on Privilege Claims in Fraud Cases
201402.14
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How to Turn the Table on Privilege Claims in Fraud Cases

Few accusations raise the hackles of clients more than claims that they defrauded someone.  Understandably, the client accused of fraud wants his or her attorney to prove that he or she was honest and forthright in the parties’ dealings.  When you win a summary disposition motion dismissing a fraud claim, you will certainly have one…

Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”
201401.20
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Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”

In a prior article, we discussed the implementation of the new Oakland County business court under the business court act – MCL 600.8031, et seq. (the “Act). We also discussed the types of cases that are, and are not, “business or commercial disputes” that must be filed in the business court. Since our last article, we have filed several…

When Protective Orders Are Not Enough
201309.05
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When Protective Orders Are Not Enough

Keeping Clients’ Confidential Information Out of the Public Record In the world of commercial litigation, there is an unavoidable complication that often arises during disputes: how to handle sensitive and proprietary information. When parties to business-centered disputes resort to litigation to solve their dispute, the information that is exchanged between the parties often includes sensitive…