Few things in the course of litigation can come back to bite you with the ferocity of a spoliation instruction. Even the threat of one can cause seasoned litigators to lose sleep and ponder the extent to which their case can be damaged, despite
Why do courts seem to hate temporary injunctions? By the very nature of the relief requested, the parties come to court with urgency for immediate action. The trial judge has to find time on her docket for a hearing in a case that probably did not exist a week ago. The parties scramble to conduct
My father recently sent me a N.Y. Times article describing how the game of professional hockey and the NHL have changed in the last twenty years. According to veteran sports writer Dave Caldwell, the NHL has changed from a game that was equal parts speed and obstruction/fighting to a game that primarily is about
I have seen it many times. A deposition is taken in a federal case, and the lawyers agree to take it by the Texas rules. They may even be vague and simply agree to take it “by the rules”, or even stay silent for that matter. I have a sneaky suspicion that many times these
Before becoming a lawyer, I spent a couple of years working in media relations for a university athletic department. For those who don’t know, the media relations team is essentially the PR wing of the sports organization.
At the time, Twitter was coming onto
Outside of my work as a litigator I train in Brazilian Jiu-Jitsu.
I am a beginning white belt in jiu-jitsu, while I am entering my 17th year of practice as a lawyer. But the parallels were immediately obvious to me when I started
Zanshin.
In Zen philosophy and Japanese influenced martial arts, there is the concept of Zanshin.
The literal translation is “remaining mind.” But, it really means a state of relaxed situational awareness.
In the martial arts, Zanshin translates into being aware of one’s surroundings and
Of all the methods of discovery permitted under the Texas Rules of Civil Procedure, Rule 194 Disclosures are often the most overlooked. Although this type of discovery is exchanged in virtually every civil matter, it is easy for attorneys to become formulaic in their