Litigation

Contingent Fee Litigation

November 1998 – How to Recognize the “Perfect” (i.e., “Winnable”) Contingent Fee Case

February 1999 – How to Minimize Discovery Wars in Contingent Fee Litigation

May 1999 – A Contingent Fee Victory

July 2001 – How to Recognize the Lousy Contingent Fee Case

July 2002 – The Ideal Contingent Fee Client

August 2003 – Be Cheap: A Crucial Secret to Successful Contingent Fee Litigation

July 2005 – The “Perfect” (i.e., “Winnable”) Contingent Fee Case Revisited

August 2005 – Who Says Contingent Fee Lawyers Are the Biggest Moneymakers?

August 2006 – Are Alternative Fee Arrangements Better for the Plaintiff Than Contingent Fee Litigation?

July 2010 – The Winnable Contingent Fee Case – Ten Years Later

Pleadings

February 2009 – Baron Parke Rises From the Dead (Pleading Requirements for a Complaint)

Protective Orders

October 2003 – What’s Wrong With Protective Orders? – Part 1

November 2003 – What’s Wrong With Protective Orders? – Part 2

June 2011 – Modern Protective Orders: How Byzantine Can We Get?

Claim Construction

October 1999 – Another Trip Through Markman

April 2000 – Markman Redux

December 2003 – Claim Construction and Estoppel Revisited

January 2005 – Markman Eight Years Later

June 2005 – Claim Construction: A Question of Language, Not Law

September 2005 – A Claim Does Not Describe An Invention

November 2005 – Markman Hearings: Some Guidelines

November 2007 – The Specification is the Claim

October 2010 – Common Sense (Reading the Patent as a Whole)

Discovery and Depositions

November 2000 – What Can Be Done to Improve Inventors’ Depositions?

January 2001 – The Long Walk From the Gobi Desert to the River Styx (The Inventor’s Ordeal)

May 2002 – Let’s Fight Over Everything (Abusive Litigation Tactics)

June2002 – Preparing the Inventor for a Deposition: A Second Look

April 2004 – Preparing the Inventor for Deposition, Part 3, or How to Keep the Lion from Eating the Christian

December 2004 – The Gobi Desert Revisited (The Inventor’s Ordeal)

October 2005 – Some Deposition Dos and Don’ts

September 2009 – A New Tactic: Document Dumps

May 2011 – e-Discovery? Or e-Baloney?

August 2012 – Predictive Coding: A Crystal Ball or a Magic Eight Ball?

Damages

Feb 2011 – So What Is the Law of Damages? Does Anybody Know? Anyone?  Anyone?

April 2011 – Uniloc: A Continuation of Cornell

December 2012 – Damages Law is More Obscure Than Ever

Controlling Costs

August 2003 – Be Cheap: A Crucial Secret to Successful Contingent Fee Litigation

January 2007 – Being Cheaper: Keeping Litigation Costs Down

October 2007 – Disbursements: More Costly Than You Might Think

Judges

July 1999 – What Upsets Judges — And How Not to Do It!

March 2002 – A Judge’s Top Ten List

May 2004 – The Collective Memory of Juries: One Reason Why Juries Are Better Than Judges

Juries

September 2000 – If You Are Looking for Justice, Try a Jury

August 2002 – The Wisdom of Juries

February 2004 – The Jury: A Better Decision-Maker

May 2004 – The Collective Memory of Juries: One Reason Why Juries Are Better Than Judges

Experts

June 1999 – Experts – A Benefit Or Mutually Assured Destruction?

November 2001 – A Different Kind of Expert Witness

November 2002 – Experts’ Reports and Testimony

December 2002 – Improve Your Experts’ Reports

January 2003 – Deposing Experts

March 2004 – Technical Advisors

June 2004 – Use Your Client

Good Clients

May 1999 – A Contingent Fee Victory

July 2002 – The Ideal Contingent Fee Client

Bad Clients

March 2007 – The Secret to Winning: Don’t Represent Jerks

April 2007 – When Should You “Beat Up” Your Client?

Lawyers

January 2002 – Civility or Honesty? Which Should You Choose?

May 2002 – Let’s Fight Over Everything (Abusive Litigation Tactics)

Oct 2002 – What Makes a Good Lawyer?

Sept 2001 – Don’t Hire the Law Firm: Hire the Lawyer

July 2003 – How to Communicate with a Client

December 2006 – Mega-Firms: The Mega-Headache

November 2013 – The Planet Eater Lives: Big Firm Billing and the GAO