Preface

• Author: Bradley P. Nelson - Jeffrey R. Teeters
• Pages: xiii-xiv

The goal of the Business Torts & Unfair Competition Committee of the

American Bar Association’s Section of Litigation is to keep business litiga-

tors fully up to date in burgeoning business torts such as duciary duties,

fraud, unfair trade practices, tortious interference, trademarks and trade

secrets, remedies, and evidence, as well as technological issues and develop-

ments impacting our practice. The committee recognized that a signicant

number of publications already address the substantive law in these areas,

but much less guidance is available on the nuances of taking those cases

from investigation through trial.

The practical reality is that business torts lawsuits often implicate clients’

competitive commercial interests. That means they also raise unique prob-

lems and require unique strategies and solutions. Our book addresses those

problems, strategies, and solutions directly. Recognizing that business torts

litigators are rarely only on the plaintiff side or only on the defense side, the

book attempts to avoid any particular plaintiff or defense approach. Rather,

views from seasoned litigators, consultants, and the bench offer valuable

insight regardless of which side of the “v.” you nd yourself on.

We are fortunate that more than a dozen experienced attorneys from

across the country have contributed to this task. Each chapter breaks down a

particular component of the process. We start with considerations, resources,

and strategies for pre-suit investigation to best prepare your case for the

battle ahead. And we conclude with tips and techniques for crafting trial

themes, selection and presentation of witnesses, and the always elusive voir

dire. In between, chapters offer everything from rules and case authority

for litigating injunctions to strategies for engaging in discovery, preparing

and responding to dispositive motions, and contemplating alternative dis-

pute resolution.

We applaud the individual authors for their thoughtfulness and time

commitment toward making this book a success and for their contributions

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Pr efaCe

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