Litigation
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The work product doctrine requires: (1) litigation; (2) anticipation; and (3) motivation. And even though the work product doctrine rests on a single sentence in the Federal Rules, federal courts ironically take more varied approaches to the motivation element than they do toward the usually common law-based privilege protection.
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Litigation
Courts Disagree About the Key Work Product Doctrine’s Motivation Element
The work product doctrine requires: (1) litigation; (2) anticipation; and (3) motivation. And even though the work product doctrine rests on a single sentence in the Federal Rules, federal courts ironically take more varied approaches to the motivation element than they do toward the usually common law-based privilege protection.
Read MoreLabor & Employment
Tracking Workplace COVID-19 Litigation Trends, From Discrimination to Class Action Lawsuits
The COVID-19 pandemic has done a considerable amount for workplace litigation. Peter Wozniak, partner with Barnes & Thornburg, and Mark Wallin, of counsel with Barnes & Thornburg, discuss trends they’re seeing in litigation tracking.
Read MoreAlternative Dispute Resolution (ADR)
With Court Cases Backlogged and Potential Delays Inevitable Post-COVID, ADR Stands Ready
The Honorable David B. Saxe (Ret.), neutral with NAM (National Arbitration and Mediation), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute resolution versus litigation; and the role of mediation and arbitration during the pandemic and beyond.
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