Spoliation of evidence: Recent expansion of an old theoryBy Robin P. Bissell & James M. HolstonFebruary 1999Although the claim of spoliation has ancient roots, it is currently at the zenith of its popularity as a legal theory and litigation tactic. Cases involving alleged and actual spoliation have become front-page articles in the mainstream business press
Sustainable development: Gaining a competitive advantageBy Dixie Lee LaswellOctober 1999Sustainable development is a very broad concept affecting most aspects of our lives. Sustainable development was first defined by the Brantland Commission's "Our Common Future," which was a report of the World Commission on Environment and Development in 1987.
U.S. Supreme Court resolves issue in federal removal caseBy Michael Todd ScottOctober 1999In Ruhrgas v. Marathon Oil Co., (May 17, 1998), the Supreme Court addressed the issue of whether subject-matter jurisdiction must be decided before personal jurisdiction in removal cases.
U.S. Supreme Court rules that Daubert factors apply to all experts, not just scientistsBy Michael Todd ScottApril 1999In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the U.S. Supreme Court confirmed the trial judge's role as a "gatekeeper" in regards to the admissibility of expert testimony and held that Rule 702 of the Federal Rules of Evidence governs the admissibility of novel scientific evidence.
Willful destruction of documents during civil discovery can lead to criminal obstruction of justice chargesBy Dana SilverOctober 1999In United States v. Lundwall, 1 F. Supp. 2d 249 (1998), the United States District Court ruled that an alleged violation of 18 U.S.C. section 1503, obstruction of justice, reaches the willful destruction of documents during civil discovery. The statute had never been applied in the context of civil discovery.
