Jurisdiction
Bahar asked me to draft a false advertising complaint against a manufacturer of a baby bottle. How do I find out who they are?
Check the back label
Tracey asked me to draft allegations for right of publicity. How do I determine what to write?
Look at CACI, orders on motions to dismiss; check secondary sources
Defendant filed a motion in Northern District of California. How do I know when to oppose it?
Check local rules AND your judges rules! Sometimes Judges alter the local rules.
What is a Protective Order????
Bahar asked me to file a false ad case against Capitan Kirk. They are based in Texas, and my client is based in California. Where do I sue?
California (typically federal court if alleging a nationwide class)
Research thoroughly your facts/save sources on sharepoint!
I need to file a motion in federal court. What do I need with it? [if you dont know, how would you figure it out]
Notice of Motion, Memorandum (Declarations + Evidence, if needed), Proposed Order
True or false: I can re-use the same protective order we had in many other cases.
False: a) you may need to start with the model protective order in your court; b) check judge's rules; c) dont be afraid to make changes to ensure that you can use confidential information in the manner that you need to.
Yana asked me to file a data breach complaint against ShowFlake. My client is in California, ShowFlake is in Georgia. Where do I sue?
Likely in George because in data breaches multiple lawsuits are typically filed, and the cases end up where defendant is based.
An answer is filed in federal court. Do I care about it at all?
Yes. Check for their admissions. In federal court they typically have to admit/deny/state they have insufficient knowledge. Sometimes you can find juicy admissions. Also you need to understand what affirmative defenses they alleged/consider next steps
How do I know which hearing date to pick for my motion?
Check your judge's rules.
True or false: You always have 30 days to bring a motion to compel.
False. Check your local/judges rules. You might have only 2 weeks to initiate a dispute and a failure to do so, may prevent you from filing a motion.
Yana asked me to file a data breach case against ShowFlake, and ANT. My client is in California. What should I consider as to where to file the suit?
Affirmative defenses? What's that and why do I care?
1. You should consider if there are any defenses that may be merritorious. Something you'll need to seek facts for in discovery.
2. You should consider striking them. (filing a motion to strike)
I drafted my motion, and it looks perfect. Anything else I should check?
Local rules/Judges' order - do you need to attest to meet and confer? do you need to change the cites to westlaw? Do you need to include a proposed order?
True or false: Requests for Admissions are useless, defendants' deny them anyway
False. You have to use them carefully because they can deny if some aspects of your request is vague/or could be difficult to verify. You cannot/should not make your admissions compound.
Tracey asked me to file a fraud class action against California defendant. My client is also in California. How do I know if I should file in state or federal court?
It depends! if amount exceeds 5 mil for the class, consider other factors - are there non-California Class members? Is it likely that there are 2/3 or more of the class who are California residents? May be mandatory to send it to state.
You will need to format it. Typically, district courts have different rules on font sizes, spacing. You should check the local rules for formatting requirements.
False - need to re-work your opp: different standard; ideally you may need to cite/rely on mainly California appellate cases; state judges sometimes completely ignore federal authorities.
I got discovery. what do I do?
1) Review/identify items to confer - highly unikely it's complete
2) Review your discovery with the mindset of what we need to prove in the case. Identify key documents, document if documents could be used to admit certain facts/elements to prove your case [let the partner know!]
3) consider admissibility aspect of your evidence early. How are you going to admit it [this will help you in moving to the next step of depositions/key information to get out]