Here are a few examples of how the Greats analogize and compare cases, facts, and contexts. Case citations have been replaced by “. . .” to shorten these passages and to allow you to digest them more easily. As in X, Y Example from Seth Waxman: “The Federal Circuit reasoned that the relevant ‘act of infringement’ under §271(e)(2)(C) must be the submission of an application ‘coupled’ with the failure to provide the required disclosures—and therefore that §271(e)(4) specifies the exclusive remedies for a breach of §262(l)(2)(A). . . . But that reading of the statute is incorre ..read more

Does enumerating your supporting reasons with  “First . . . Second . . . Third . . .” feel too stilted and wooden? Instead, try sprinkling in some of these transition phrases to increase flow and supply a conversational feel. Case citations have been replaced by “. . .” to shorten these passages and to allow you to digest them more easily. Additionally Example from Justice Scalia: “It is up to the prosecution to decide what steps in the chain of custody are so crucial as to require evidence; but what testimony is introduced must (if the defendant objects) be introduced live.  ..read more

You’ve probably seen a spell checker turn “tortious interference” to “tortuous interference.” Ouch! But how does MS Word’s new Editor handle more-sophisticated editing suggestions in legal documents? We report below; you decide. The post Microsoft Word’s New Editor: Lawyer Beware? appeared first on BriefCatch ..read more

Will your legal brief positively affect the outcome of your client’s litigation? Or should that be effect? Uses of Affect Affect (Verb): Affect is typically used as a verb meaning “causing a change”: “The threatened litigation affected my client’s mood.” Affect (Noun): Affect is also sometimes used as a noun meaning “a change in demeanor or mood”: “The therapist noted a sudden shift in the CEO’s affect.” Uses of Effect Effect (Noun): Effect is typically used as a noun meaning “a result or outcome”: “The threatened litigation had detrimental effects on my client.” Effect (Verb): Effect ..read more

Why is Johansson suing Disney? For allegedly interfering in her Black Widow contract with Marvel Studios, a Disney subsidiary. Johansson claims that Disney rushed to release Black Widow on its streaming service to grow the Disney+ subscriber base and to devalue her interest in the film’s profits. What does her Black Widow contract say about how Marvel will release the film? In the Complaint, Johansson’s lawyers cite only one provision from her Marvel contract: Lender shall furnish Producer the services of Artist to perform the role of ‘Black Widow’ / ‘Natasha Romanova’ in the theatrical motio ..read more

“We are all textualists now,” said Justice Kagan at a speech honoring Justice Scalia. The Justices all agree on that much. But then what? In 2016, the Supreme Court had to decide whether “involving a minor” limited just the third type of crime below or the other two types as well. That case was Lockhart v. United States. Five years later, the Supreme Court decided whether “using a random or sequential number generator” limited just “produce”—or did it limit “store,” too? That case is Facebook v. Diguid. In 2016, the Court, in a 7-2 opinion by Justice Sotomayor, began its analysis with “Consi ..read more

We are thrilled to announce that BriefCatch has achieved SOC 2 Type 1 compliance. This milestone is the latest display of our commitment to the highest security and data-protection standards. The SOC-2 Type 1 audit is a rigorous evaluation that validates our adherence to strict security controls and practices. It showcases our dedication to safeguarding our clients’ sensitive information and to handling their data with the utmost care and with comprehensive security measures. We are proud to have met the demanding requirements of SOC-2 Type 1, and we will continue to prioritize security as v ..read more

Appellate hotshots from Hogan Lovells and Mayer Brown won a Second Circuit reversal of an order allowing Revlon to keep $500 million that Citi had accidentally wired to its account. Talk about a return on investment! According to my math, their brief was worth about $10 million a page. Here are five takeaways (besides double-checking every wire transfer before it goes out). 1. Lead with a narrative line that shows how the parties reached an impasse. 2.  Highlight a pragmatic consequence of losing as if it were just another fact. 3. Craft active-voice headings for the Statement of th ..read more

Originally published in May 2016 Do practicing lawyers get to vote on legal-writing controversies? Not if you ask some self-styled pundits. Like other forms of writing, legal writing has its descriptivists (“Here’s how lawyers do write”) and its prescriptivists (“Here’s how lawyers should write”). The prescriptivists, who dominate the field, have the virtues of idealism and of trying to foment large-scale change in the profession. But they are sometimes dismissed as out-of-touch scolds who don’t know what it means to practice law or to satisfy  ..read more

What You Get Enjoy a year of school-wide access to BriefCatch, the leading legal-editing plug-in Join the tens of thousands already benefitting from BriefCatch: law firms and boutiques, top appellate advocates, Supreme Court Justices, most of the Circuit Courts, law school professors and students, state and federal agencies, prosecutors, public defenders, and solo practitioners of every type. Build skills continuously through BriefCatch’s exclusive content and training components Whenever your students write and edit using BriefCatch, they can access thousands of just-in-time examples of supe ..read more