Will Newman (wnewman_at_beckerglynn

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Will Newman is a commercial litigation attorney at Fleischman Bonner & Rocco LLP. He represents clients in disputes involving contracts, employment issues, and products liability matters. He also regularly provides strategic advice to companies in advance of disputes, both to avoid the burdens of litigation and to protect their legal claims and defenses if litigation is inevitable. He is also a contributing editor of the American Bar Association publication, Litigation News, and the author of the commercial litigation blog, Unpredictable.

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United StatesDisputes / litigation

Posted 10 hours ago

Judges do not just get to arbitrarily decide the outcome of litigation; they need to follow the law. And if they do not, their decisions may be overturned in an appeal. But appeals are not automatic, and they may not address every aspect of a trial court’s decision. Instead, appeals require work, strategy, and the application of complicated rules.

https://www.unpredictableblog.com/blog/appeals

Appeals — Unpredictable

unpredictableblog.com

The appellant has to make sure her counsel is admitted to the court where the appeal will be heard, which may be a different court than the trial court. In New York, the Appellate Division and the ...

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United StatesDisputes / litigation

Posted 7 days ago

When a lawyer loses a motion, it is common to ask the judge for a second shot. Besides spending time and money, there is rarely a downside to taking an additional opportunity to win. But a judge that ruled one way the first time is unlikely to change her mind. And the circumstances that permit rearguments are limited.

https://www.unpredictableblog.com/blog/reargue

Motions to Reargue — Unpredictable

unpredictableblog.com

Judges make many decisions during a lawsuit. They set schedules, decide what parties need to disclose in discovery, dismiss claims, and direct the entry of judgments. And while many courts do not s...

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PolandUnited StatesDisputes / litigation

Posted 14 days ago

Living in New York, I have met many Polish immigrants and become curious about its culture. I have visited the country a few times, and found it to be an interesting mix of Western and Eastern Europe. And so I was very curious to learn more about the legal system in Poland. In particular, I wanted to know about how a commercial litigator viewed the conservative government’s recent contentious changes to the judiciary. Thankfully, I was able to speak with Wojciech Kremer, an attorney at his own firm in Krakow.

https://www.unpredictableblog.com/blog/Poland

Litigation in Poland — Unpredictable

unpredictableblog.com

In Poland there is an unusual division between attorneys-at-law (in Polish: “radcowie prawni”) and advocates (in Polish: “adwokaci”). Currently, both professions have identical competences, includi...

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United StatesDisputes / litigation

Posted 21 days ago

Litigation can be long and expensive. As a result, many defendants want to take the first available opportunity to get out of litigation. This is usually by filing a motion to dismiss, asking the court to end the lawsuit for certain reasons that do not require further discovery or a trial.

https://www.unpredictableblog.com/blog/mtd

Motions to Dismiss — Unpredictable

unpredictableblog.com

When a defendant moves to dismiss, she asks the court to dismiss the case (usually in its entirety, but sometimes just in part) generally for one of two reasons. The first reason is that the court ...

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SpainEmployment / labour law and pensionsDisputes / litigationEmployment and pensions (contentious)Employment / labour (general)

Posted last month

To celebrate two full years of this blog, and the amazing opportunity I’ve had to interview litigators from many different jurisdictions, I wanted to speak again with the first lawyer who was kind enough to let me interview her for this blog. So I reached out to Marta Vilardell Oliveras, an attorney from Barcelona, to ask her some more questions about litigation in Spain. In particular, I wanted to know what employment litigation is like there.

https://www.unpredictableblog.com/blog/employment-spain

Employment Litigation in Spain — Unpredictable

unpredictableblog.com

Labor cases are resolved fairly quickly, especially those involving layoffs. Normally the conciliation occurs within a month, and if there is no agreement between one and three months there is a tr...

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United StatesDisputes / litigation

Posted last month

One thing that happens when I start working with a client is that I ask them a million questions. The process may start with one email, where I ask a lot of questions. And after the client answers, she may feel like her work is over. But then I write back with a lot of follow-up questions and then a bunch of new questions. This may feel annoying, but I find it to be a necessary part of representing a client in litigation.

https://www.unpredictableblog.com/blog/client-questions

A Million Questions — Unpredictable

unpredictableblog.com

In American lawsuits, litigants usually have to search all of their email accounts and all of the physical spaces over which they exercise control. That’s a lot! It could include homes, offices, co...

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United StatesAdministrative and public lawDisputes / litigationAdministrative law (general)

Posted 2 months ago

Not all litigation takes place in a courtroom. Many adversarial proceedings are administered by specialized agencies that have authority over a specific subject matter. And although these hearings are technically not “court,” they often have characteristics that resemble courtroom proceedings. As a result, clients retain litigators or other lawyers who specialize in that particular proceeding to represent them in connection with those hearings.

https://www.unpredictableblog.com/blog/admin-hearings

Administrative Hearings — Unpredictable

unpredictableblog.com

Municipalities, states, and the federal government pass laws that regulate certain conduct. And some of those laws state that an administrative agency is responsible for either investigating or hea...

Liked by MEGHAN WARREN

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United StatesDisputes / litigation

Posted 2 months ago

Depositions are an opportunity for a lawyer to question a witness before trial. But the lawyer asking the questions is often not the only lawyer present. Instead, another lawyer usually “defends” the witness who is testifying. But despite the term, the “defending” lawyer may not do much talking.

https://www.unpredictableblog.com/blog/defending-deposition

Defending a Deposition — Unpredictable

unpredictableblog.com

Besides objecting on the grounds of the privilege, many courts have rules that limit the instances in which a lawyer can instruct a witness not to answer a question. The lawyer’s only recourse in t...

Liked by MEGHAN WARREN

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United StatesDisputes / litigation

Posted 2 months ago

A trial is an opportunity for litigants to offer evidence in support of their claims and defenses. But not all of the evidence they want to offer may be admissible in litigation. Instead, at trial, the parties may object to the admission of evidence on various grounds. They often also object to evidence before trial through motions in limine.

https://www.unpredictableblog.com/blog/motions-in-limine

Motions in Limine — Unpredictable

unpredictableblog.com

Each side at trial usually only has a finite amount of time. For example, a judge may allocate 20 hours to each side. As a result, a lawyer may decide that it makes sense to allow one side to waste...

Liked by MEGHAN WARREN

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RomaniaUnited StatesDisputes / litigation

Posted 3 months ago

The Romanian legal system shares many attributes with other European civil law systems. But it has a unique system of constitutional review and challenges that arise from the country’s communist past. I haven’t had the chance to visit the country, but I was fortunate enough to speak with Alexandru Măglaș, an attorney at his own firm in Bucharest, to learn about what litigation is like in Romania.

Litigation in Romania — Unpredictable

unpredictableblog.com

Individuals cannot file constitutional cases directly with The Constitutional Court of Romania. If constitutional matters are raised during commercial matters, the judge of the commercial matter ma...

Liked by Alexandru Măglaș

Will Newman
Litigator

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Will Newman
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