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for: ‘April, 2008’

The Attorney as “Debt Relief Agency”: A Bridge Too Far?

Are attorneys to be considered “debt relief agencies” under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and, if so, is the statute compatible with state regulation of the legal profession and attorneys’ freedom of speech? These are among the issues facing the 8th Circuit in a recent case on appeal from the […]

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Expert Witness Disclosures: How to Comply and Avoid Exclusion

Who must be considered an expert? Must the expert submit a report? What information is discoverable from the expert? Knowing appropriate strategies for handling expert witness testimony in federal court can not only provide protection against exclusion, but should reduce disputes and control litigation costs. Before expert testimony is evaluated under the standards of Daubert or heard […]

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Access to Court Records in Minnesota

Balancing the public’s right to know, the individual’s need for privacy, and the government’s need to carry out its mission is an ongoing challenge amid competing interests and changes in information technology. Minnesota’s courts have taken purposeful steps to address these issues, but data privacy and fair information practice protections in the courts remain more limited […]

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New Tool for Litigators? Offers of Judgment & Rule 68

Drastic changes may have reset Rule 68’s teeth, but is it only to the benefit of one side? Have you ever made an offer of judgment or settlement? Many attorneys, particularly plaintiffs’ counsel, have not. The stated purpose of Minnesota Rule 68, governing such offers, is to encourage settlement of disputes by all parties. The […]

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