Product Description

Recent updates:

• Update: December 2020

  Dear Subscriber:

  Thank you for choosing to keep informed in the area of e-discovery with this 2020 edition of E-Discovery and Evidence: Preservation Through Trial . Inside, you will find information on topics like these:

  • The avoidance of sanctions. See chapter 5 for updated, practical discussion on steps that should be taken to preserve ESI. Read about what to do where litigation can be "reasonably anticipated."

  • The subpoena. Chapter 5 lists the various Superior Court rules that pertain to the subpoena.

  • Sections 9A and 9C. In chapter 5, also find a discussion of provisions regarding sanctions for noncompliance.

  • Criminal practice and procedure. Chapter 6 discusses developing a strategy whereby to approach e-discovery in criminal litigation—both federal and state. The chapter mentions Fed. R. Crim. P 16.1, promulgated and effective on December 1, 2019, to address the complexities of e-discovery in federal criminal proceedings and statistical information regarding the use of smartphones and other electronic devices. The same chapter offers a practice note on the issue of privacy of historical cell phone data and cites two recent decisions.

  This is just a brief sample of the hundreds of new practice notes, analyses, samples, and other practice aides you will encounter in the 2020 edition. We trust that you will find this material useful in your practice, and valuable in your litigation law library.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 01 expand

General Law of Damages in Massachusetts

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Stephen D. Riden, Esq., Beck Reed Riden LLP

Chapter 02 expand

Practice and Procedure in Damages Cases

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Courtney Worcester, Esq., Holland & Knight LLP

Chapter 03 expand

Settlement Evaluation and Negotiation

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David B. Mack, Esq., O'Connor, Carnathan, and Mack LLC

Chapter 04 expand

Damages in Sale of Goods, Insurance, and Employment

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Benjamin M. McGovern, Esq., Holland & Knight LLP
David J. Santeusanio, Esq., Holland & Knight LLP

Chapter 05 expand

Construction Contract Damages

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Stanley A. Martin, Esq., Commonsense Construction Law LLC

Exhibit 5A

- Flow Chart of Traditional Construction Contract Relationships Buy Form

Exhibit 5B

- Flow Chart of Designer-Builder Contract Relationships Buy Form

Exhibit 5C

- Flow Chart of Construction Management (Agency) Contract Relationships Buy Form

Chapter 06 expand

Land Sale Contracts and Loan and Lease Agreements

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Zachary W. Berk, Esq., Saul Ewing LLP
Peter S. Brooks, Esq.,

Chapter 07 expand

Damages for Bodily Injury

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Michael James Merriam, Esq., Law Offices of Michael J. Merriam

Checklist 7.1

- Bodily Injury Damages Checklist for Plaintiff Buy Form

Checklist 7.2

- Bodily Injury Damages Checklist for Defendant Buy Form

Chapter 08 expand

Damages for Personal Injury

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Harry L. Miles, Esq., Green Miles Lipton LLP

Chapter 09 expand

Damages to Real Property Resulting from Governmental Takings

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Alison Taylor Holdway, Esq., Greenberg Traurig LLP
James D. Masterman, Esq., Greenberg Traurig LLP

Exhibit 9A

- Complaint and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9B

- Answer and Jury Claim: Eminent Domain Case Buy Form

Exhibit 9C

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant: Eminent Domain Case Buy Form

Exhibit 9D

- Plaintiff’s First Request for Documents: Eminent Domain Case Buy Form

Chapter 10 expand

Damages for Injury to Business Interests

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Sean T. Carnathan, Esq., O'Connor, Carnathan, and Mack LLC
Tara J. Myslinski, Esq.,

Checklist 10.1

- Questions to Ask at the Outset of a Freeze-Out Case Buy Form

Chapter 11 expand

Damages in Securities Actions

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Anthony L. DeProspo, Jr., Esq., Schwartz Hannum, PC

Chapter 12 expand

Third-Party Damages

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Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts

Chapter 13 expand

Damages in Chapter 93A Cases

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Angela Bunnell, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq.,
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 14 expand

Prejudgment and Postjudgment Interest

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Adam G. Cohen, Esq., Davids & Cohen, PC

Chapter 15 expand

Obtaining Attorney Fees in Civil Litigation

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Paige V. Schroeder, Esq., Saul Ewing LLP

Checklist 15.1

- Checklist for Submitting Fee Petitions Buy Form

Checklist 15.2

- Checklist for Opposing Fee Petitions Buy Form

Exhibit 15A

- Plaintiff’s Request for Award of Reasonable Attorney Fees and Costs Buy Form

Exhibit 15B

- Affidavit of Attorney Buy Form

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