Paul v. Dynamo Sporting Goods, Dillon, and Hanson Barristers Version

This is a breach of contract case focusing on evidentiary privileges, professional responsibility, and client misconduct.
Publisher: NITA
Case File :One Volume, Perfect Bound
2nd Edition
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ISBN: 9781601560049
Publisher: NITA
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This is a breach of contract case focusing on evidentiary privileges, professional responsibility, and client misconduct. Michelle Paul is seeking to recover the unpaid sum of $2.8 billion from Arthur Dillon, the buyer of her former business, Sportslifeware. After the sale, Paul started a new company, Sportique Clothing, and hired two of the plaintiff's former employees, one of whom brought Sportslifeware's customer list with him. Dillon failed to make the balloon payment claiming he owed nothing because Paul breached the agreement.

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Table of Contents

CONTENTS


PLEADINGS AND DOCUMENTS



1. PLEADINGS

Complaint

Answer, Affirmative Defenses, and Counterclaims

Answer and Affirmative Defenses to Counterclaims


2. TRANSACTION DOCUMENTS

Memorandum of Agreement

Asset Purchase Agreement

Personal Guaranty of Payment and Performance

Dillon's Personal Financial Statements


MATERIALS FOR Bs

INTERVIEWS, CORRRESPONDENCE, AND E-MAILS



1. INTERVIEWS OF PARTIES AND WITNESSES

Initial Interview of Arthur Dillon

Interview of Pat Hingle

Interview of Sal Duane


2. LETTERS BETWEEN DILLON AND HANSON

Dillon to Hanson, March 24, YR -3

Hanson to Dillon, June 12, YR -3

Hanson to Dillon, July 22, YR -3

Dillon to Hanson, September 20, YR -3

Dillon to Hanson, November 10, YR -3

Dillon to Hanson, December 26, YR -3


3. E-MAIL MESSAGES

Hanson to Dillon, December 28, YR -3

Dillon to Hanson, December 28, YR -3


LAW LIBRARY AND EXERCISES

A. MAJOR MOTIONS



PART I. THE ATTORNEY-CLIENT PRIVILEGE, THE CRIME FRAUD EXCEPTION, PRIVILEGE LOGS, AND MOTIONS TO COMPEL DISCOVERY


A. EXERCISES, MEMORANDUM, AND RELEVANT RULES

1. Exercise: Case Theory and Privilege Logs

2. Exercise: Motion to Compel Discovery and Motion for a Protective Order

3. Memorandum of Law

4. Selected Federal Rules

Federal Rules of Civil Procedure 26

Federal Rules of Civil Procedure 37

Federal Rule of Evidence 501

5. Selected Provisions, American Bar Association Model Rules of Professional Conduct: Rules 1.2, 1.6, 1.16, 2.1, 3.4, 4.1, 8.5


B. THE CRIME FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGE--CASES

1. Fundamental Principles

United States v. Zolin, 491 U.S. 554 (1989)

2. Attorney Knowledge of the Crime and Fraud

In re Grand Jury Proceedings, 87 F.3d 377 (9th Cir. 1996

3. Proof Establishing That the Crime-Fraud Exception Applies

Triple Five of Minnesota, Inc. v. Simon, et al., 213 F.R.D. 324

(D. Minn. 2002)

4. Privilege Logs and the Standard for In Camera Review

In re Grand Jury Investigation, 974 F.2d 1068 (9th Cir. 1992)


PART II. TRADE SECRETS AND PRELIMINARY INJUNCTIONS


A. EXERCISE

1. Exercise: Trade Secrets and Preliminary Injunctions


B. LAW LIBRARY: TRADE SECRETS

1. Uniform Trade Secrets Act

2. Restatement of the Law Third, Unfair Competition, Section 39

3. Memorandum


C. LAW LIBRARY: TRADE SECRETS AND PRELIMINARY INJUNCTIONS: CASES AND RULE 65

1. Federal Rules of Civil Procedure, Rule 65

2. North Atlantic Instruments, Inc. v. Haber et al.

3. American Red Cross v. Palm Beach Blood Bank, Inc.

4. Nowogroski Insurance Inc. v. Rucker


PART III. SUMMARY JUDGMENT


A. EXERCISES

1. Exercise: Summary Judgment Motions by Arthur Dillon, Dynamo Sporting Goods, and Sam Hanson

2. Exercise: Summary Judgment Motions by Michelle Paul


B. LAW LIBRARY: CASES AND RULE 56

1. Federal Rules of Civil Procedure, Rule 56

2. Cases:

Primus Automotive v. Otto-Wal, Inc.

In re White

Fortson et al. v. Winstead, McGuire, Sechrist & Minich


B. PRELIMINARY MOTIONS AND PRETRIAL PLANNING CONFERENCES


PART IV. MOTION TO DISMISS AND MOTION FOR A MORE DEFINITE STATEMENT


A. EXERCISE

1. Exercises: Motion to Dismiss and Motion for a More Definite Statement


B. LAW LIBRARY

1. Model Motion to Dismiss or for a More Definite Statement

2. Memorandum of Law

3. Federal Rules of Civil Procedure 8, 9, 11, and 12


C. CASES

In re Cascade International Securities Litigation

Morganroth & Morganroth v. Norris, McLaughlin & Marcus, P.C. et al.


PART V. MOTION FOR A TEMPORARY RESTRAINING ORDER


A. EXERCISE

1. Exercise: Motions for a Temporary Restraining Order


B. LAW LIBRARY

1. Federal Rules of Civil Procedure, Rule 65

2. Memorandum of Law

3. Towers Financial Corporation v. Dun & Bradstreet, Inc.


PART VI. PRETRIAL CONFERENCES


A. EXERCISES

1. Exercise: Discovery Planning Conference

Federal Rules of Civil Procedure, Rule 26(f)

2. Exercise: Pretrial Conference Workshops


B. FEDERAL RULES OF CIVIL PROCEDURE, RULE 16

Pleadings and Motions


C. ADVISORY COMMITTEE NOTES TO RULE 16