The latest edition of the ABA's Litigation News has a few interesting articles.
One is about how the ABA is calling for protection of draft expert reports. There's a link to the resolution here and an opinion addressing the issue from the Sixth Circuit here. I've served as an expert, and worked with many, and the notion that drafts are discoverable should be rejected. It ends up creating tremendous inefficiencies in preparing experts, and probably results in honest experts working inefficiently, and dishonest ones (and lawyers) simply hiding the drafts even if they are subject to discovery.
Another one describes a new New Jersey Ethics Opinion thatsays that restrictive covenants on in-house counsel will largely be unenforceable. While recognizing that a post-employment agreement could legitimately protect trade secret and proprietary information, it rejected broad noncompetes.
Finally, it had an article about a new ABA opinion on aggregate settlements. (The ABA, bless their souls, only put the summary on line.)
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