Whether in a products liability action or a commercial case involving trade secrets, defendants routinely seek protective orders and confidentiality agreements to prevent collaborative use of information by plaintiffs. As a group, defendants appear to believe that there is a need to keep information generated in litigation from reaching beyond the involved parties. However, collaboration between similarly situated plaintiffs can save time, money, and effort. Courts, scholars, and legislators have recognized that providing for information sharing accommodates plaintiff's compelling needs and causes manufacturers little or no harm.1 In sum, by promoting full and fair access by all parties to relevant information, collaboration advances the policies underlying modern discovery.

Commercial litigation is on the rise. Within that area, an increasing number of investor torts are being filed. According to information published by the ALI-ABA and presented at a January 1999 seminar, new case filings average around 7,000 to 8,000 a year. This is a substantial increase from ten years ago when annual filings averaged 2,800. Because of this increase, it is imperative that we as trial lawyers are able to identify and handle competently a securities case.

Determine method of deposition Determine if multiple, separate depositions of same witness will be needed Consider deposing multiple witnesses within same time frame / schedule Determine location – considerations vary for parties, non-parties, corporate agents Determine date and time for deposition – keep witness’ interests in mind

DEFEATING ARBITRATION AGREEMENTS ENCLOSED IN THE DELIVERY OF MAIL ORDER PRODUCTS: WHAT PROTECTION CAN THE UCC AFFORD CONSUMERS

In the age of technology, businesses are able to expand more rapidly than ever. Unfortunately, with this growth comes exposure to more possibilities for dispute. With litigation between businesses on the rise, businesses have recognized the necessity of trial lawyers to protect their interest.