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June 1, 2018
Melissa J. Whitney

Science tutorials have developed as a tool to assist judges in managing cases that involve complex science and technology. Such tutorials provide an early opportunity for the court to learn and ask questions about relevant science and technology outside the context of motion practice. Courts should consider holding science tutorials in cases that involve recent scientific findings or newer technologies, where scientific assertions are central to claims or defenses, or when scientific or technological information is likely to play a large role in later dispositive motions.

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May 31, 2018
Catherine R. Borden

This pocket guide is designed for transferee judges managing MDL proceedings that involve multiple, related class actions.

The guide assists transferee judges from the very beginning of MDL proceedings, before the judges determine whether the main focus of the litigation will be on class-related issues. Even if no class is ultimately certified, this guide can help transferee judges organize the litigation and set it on a smooth course. Topics addressed include categorization of claims and defenses, organization of counsel, the sequencing of motions practice, and settlement.

December 29, 2017
Jayme J. Herschkopf

This guide summarizes issues related to third-party financing of civil litigation. It discusses how judges might manage cases involving litigation financing, including ethical issues, legal issues raised by financing agreements, and discovery issues related to such agreements. 

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September 20, 2017
Ronald J. Hedges, Barbara J. Rothstein, Elizabeth C. Wiggins

This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits.

August 2, 2017
William ("Bill") C. Rooklidge, Martha K. Gooding, Philip Johnson, Noreen Krall

This guide focuses on case-management practices that may be helpful to the courts in the adjudication of patent infringement damages. It reflects the current state of the law and the courts' evolving case-management efforts.

July 10, 2017
Jason A. Cantone

This guide is intended to help state and federal judges organize and maintain an active state–federal judicial council. The guide identifies different topics that can be considered and activities that can be coordinated through a council.

June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

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June 19, 2017
William W Schwarzer, Alan Hirsch, Jeremy D. Fogel

A primer for judges on techniques and methods of case management.

March 28, 2017
Timothy T. Lau, Emery G. Lee

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

January 26, 2016
Jeremy D. Fogel

This is a primer on mindfulness and its uses in judging. Mindfulness involves slowing down one’s mental processes enough to allow one to notice as much as possible about a given moment or situation, and then to act thoughtfully based on what one has noticed. Much of the discussion of mindfulness in relation to judges so far has focused on health and wellness, but mindfulness also has obvious implications for the actual work that judges do.

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