Assessing CAPP, Part I: Impact on the Motion to Dismiss Strategy

By E. Job Seese The following is the first in a forthcoming series of blog posts looking at the CAPP Rules and their practical impact on litigation strategy. CAPP’S INTRODUCTION  Effective January 2012, the Colorado Supreme Court authorized a pilot program to test a new set of pretrial procedures for civil business cases.  The pilot program—known as CAPP (Colorado Civil …

Are Law Firms Keeping Pace With The Rate Of External Change?

Today, the Washington Post is reporting that the venerable law firm of Dewey & LeBoeuf has inched at least one step closer to bankruptcy.  Click here for the Post article.  If the firm cannot negotiate a merger with Patton Boggs or SNR Denton, the Post article suggests that the end is near.  And the departure of top-shelf partners from Dewey & …

A Survey Of State Law Regarding Forum-Selection Clauses

Introduction Often companies that contract with parties in various states are faced with litigation across various forums.  Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive.  To help minimize this problem, businesses sometimes include in their contracts forum-selection clauses, which mandate that any litigation or arbitration be brought in a specific …