Issue spotting questions.

73 issue spotting questions from the bank, ready to practice out loud.

Learn the ideas first · free with an account

Issue-spotting sweep: parties, duties, breaches, remedies STAR and CARL: structuring your story Jurisdiction, venue, and forum selection Proof problems: oral deals, hearsay, spoliation, privilege Statute of limitations: accrual, discovery, and tolling

All 73 questions

Retaliation after wage practice complaintA tech company terminated an employee citing performance after the employee raised concerns about wage practices. Walk me through the legal issues you'd spot.Spotting overlapping causes of actionMid–senior

US-Germany contract jurisdictionA US company entered an online contract with a customer in Germany. Walk me through the jurisdictional issues if disputes arise.Jurisdictional questionsMid–senior

Six-year-old events statute analysisA potential client describes events from six years ago. Walk me through the statute-of-limitations analysis before you take the case.Statute of limitationsMid–senior

Breach of contract without signatureA client presents a strong story for breach of contract but no signed document. Walk me through the evidentiary issues.Evidentiary gapsMid–senior

Alternative theories beyond negligenceA defendant has an obvious negligence claim against them. Walk me through alternative theories the plaintiff might also assert.Alternative framingsMid–senior

CEO removal after whistleblower complaintA startup CEO was removed by the board after a whistleblower complaint. Walk me through the issues you'd flag for the CEO's counsel.Spotting overlapping causes of actionSenior–leadership

Class action across twelve statesA class-action plaintiff group is split across 12 states. Walk me through jurisdiction and certification issues.Jurisdictional questionsSenior–leadership

Harm manifests seven years laterA potential client describes harm from a product purchased seven years ago that just manifested. Walk me through the timing issues.Statute of limitationsMid–senior

Privilege with lawyers and consultantsWalk me through the privilege issues in a corporate investigation that includes both lawyers and consultants.Evidentiary gapsSenior–leadership

Non-compete enforceability and alternativesA small business is suing a former employee under a non-compete that may not be enforceable. Walk me through alternative legal theories.Alternative framingsMid–senior

Customer data vendor breachA customer's data was leaked through a vendor breach. Walk me through the legal issues for the customer.Spotting overlapping causes of actionSenior–leadership

Delaware SPAC foreign target mergerA SPAC formed in Delaware merged with a foreign target. Walk me through the jurisdictional issues if a shareholder sues.Jurisdictional questionsSenior–leadership

Harassment claims spanning multiple yearsWalk me through what to assess about timing when a plaintiff alleges a series of related harassments spanning four years.Statute of limitationsMid–senior

Evidence on former employee deviceWalk me through the issues you'd flag when key evidence resides on a former employee's personal device.Evidentiary gapsSenior–leadership

Weak damages strong theoryWalk me through how you'd plead a complaint when the strongest theory has weak damages but the weaker theory has stronger damages.Alternative framingsSenior–leadership

Entrepreneur starting competing businessAn entrepreneur left a company to start a competing one. The former employer asks you about exposure. Walk me through.Spotting overlapping causes of actionMid–senior

US plaintiff suing Chinese manufacturerWalk me through the issues if a US plaintiff sues a Chinese manufacturer over a defective product sold online.Jurisdictional questionsSenior–leadership

Fraud discovery rule and timelinessWalk me through how you'd evaluate timeliness in a fraud claim where the alleged misrepresentation occurred years ago but was only discovered recently.Statute of limitationsSenior–leadership

Witness at competitor companyWalk me through what to address when the most useful witness is a former employee now at a competitor.Evidentiary gapsSenior–leadership

Contract claim with questionable conductWalk me through the doctrines you'd consider when a contract claim looks weak but the underlying conduct feels wrong.Alternative framingsSenior–leadership

Executive personal trading timingWalk me through the issues when a public company executive engaged in personal trading right before a material announcement.Spotting overlapping causes of actionSenior–leadership

Forum selection with scattered evidenceWalk me through how forum selection might play out when the contract specifies one state but most witnesses and evidence are in another.Jurisdictional questionsSenior–leadership

Fraudulent concealment statute analysisWalk me through what affects the SOL analysis when a defendant is alleged to have engaged in fraudulent concealment.Statute of limitationsSenior–leadership

Hearsay from deceased witnessWalk me through how you'd handle a case where the strongest evidence is hearsay from a deceased witness.Evidentiary gapsSenior–leadership

Reframing claims for better damagesWalk me through how you'd reframe a claim where the cause of action you want has high damages but a difficult element to prove.Alternative framingsSenior–leadership

Terminating a long-term distributorWalk me through the issues if a company terminated a long-term distributor with no warning despite years of dealing.Spotting overlapping causes of actionMid–senior

Bankruptcy and litigation overlapWalk me through the issues when a bankruptcy proceeding and a state-court litigation overlap.Jurisdictional questionsSenior–leadership

Plaintiff was minor thenWalk me through how you'd assess timeliness when the plaintiff was a minor at the time of the harm.Statute of limitationsMid–senior

Deleted encrypted executive communicationsWalk me through the issues when key communications between executives are on encrypted messaging that auto-deletes.Evidentiary gapsSenior–leadership

Sequential versus consolidated claimsWalk me through whether to bring claims sequentially or together in a multi-issue dispute.Alternative framingsSenior–leadership

Lockout without eviction proceduresA landlord changed the locks on a tenant who was two weeks late on rent, without going through eviction procedures. Walk me through the potential causes of action you'd spot.Spotting overlapping causes of actionEntry–mid

Slip and fall jurisdictionA client slipped and fell in a hotel lobby while on a business trip in a state where neither they nor the hotel chain is headquartered. Walk me through the jurisdictional options.Jurisdictional questionsEntry–mid

Defective ladder statute of limitationsA potential client was injured by a defective ladder three years ago but only now seeks counsel. Walk me through how you'd determine the statute of limitations deadline.Statute of limitationsEntry–mid

Proving an oral profit-sharing agreementA client says their business partner verbally agreed to a 50-50 profit split but now refuses to pay. Walk me through the evidentiary challenges you'd identify.Evidentiary gapsEntry–mid

Texting driver rear-end collision theoriesA driver rear-ended your client at a red light while texting. Walk me through alternative legal theories beyond basic negligence.Alternative framingsEntry–mid

Multi-state online retailer venue optionsYour firm represents a California resident suing an online retailer incorporated in Delaware with servers in Virginia. Walk me through where this case could be filed.Jurisdictional questionsEntry–mid

Demand letter four years laterA client received a demand letter about a car accident from four years ago. Walk me through what timing issues you'd check immediately.Statute of limitationsEntry–mid

Offensive manager comments without witnessesA retail worker says a manager made offensive comments but there were no witnesses and nothing in writing. Walk me through the evidentiary issues.Evidentiary gapsEntry–mid

Food poisoning beyond negligence claimsA restaurant patron got food poisoning and has medical bills and lost wages. Walk me through what causes of action you'd consider beyond negligence.Spotting overlapping causes of actionEntry–mid

Reframing defective contractor claimsA homeowner hired a contractor who did shoddy work and disappeared. The contract is unclear about standards. Walk me through how you might reframe the claims.Alternative framingsEntry–mid

Dog bite timing analysisA client was bitten by a neighbor's dog two years and eleven months ago in a state with a three-year SOL. Walk me through your timing analysis.Statute of limitationsEntry–mid

Gig-economy driver accident defendantsA delivery driver hit a pedestrian while working for a gig-economy app. Walk me through the potential defendants and theories you'd identify.Spotting overlapping causes of actionEntry–mid

Platform suspension and First AmendmentA social media platform removed content and suspended an account for violating community standards. The user claims First Amendment rights and breach of contract. Walk me through the overlapping legal issues.Spotting overlapping causes of actionEntry–senior

Trial injury diagnosed laterA pharmaceutical company's clinical trial participant suffered adverse effects two years after trial completion, but the condition was only diagnosed last month. Walk me through the statute of limitations issues.Statute of limitationsMid–leadership

Environmental liabilities post-acquisitionA private equity firm acquired a portfolio company and discovered undisclosed environmental liabilities post-closing. Walk me through the overlapping causes of action against the seller.Spotting overlapping causes of actionSenior–leadership

Misclassified contractor statute of limitationsAn employee claims they were misclassified as an independent contractor for three years. Walk me through the statute of limitations considerations across different claims.Statute of limitationsEntry–senior

Fintech multistate jurisdictionA fintech startup operating in all 50 states faces a consumer protection lawsuit filed in Montana. Walk me through the jurisdictional and venue issues.Jurisdictional questionsMid–leadership

Messages versus denial evidenceA client has text messages and emails discussing a business deal but claims the other party is denying everything. Walk me through the evidentiary issues you'd flag.Evidentiary gapsEntry–mid

Physician privilege termination theoriesA hospital terminated a physician's privileges after peer review. The doctor claims defamation and antitrust violations. Walk me through alternative legal theories to consider.Alternative framingsMid–leadership

Forum selection across bordersA SaaS company's terms of service include a Delaware forum selection clause, but a customer in France is threatening suit. Walk me through the enforceability issues.Jurisdictional questionsMid–senior

Conflicting warranty terms across documentsA manufacturing defect caused a machine failure, but the purchase order, invoice, and delivery receipt all have different warranty terms. Walk me through the evidentiary issues.Evidentiary gapsEntry–senior

Overlapping claims in SPAC misrepresentationAn investment bank is facing claims from a failed SPAC deal involving misrepresentations in the investor presentation. Walk me through overlapping causes of action against the bank.Spotting overlapping causes of actionSenior–leadership

NDA versus regulatory reporting obligationsA former employee is bound by an NDA but wants to report alleged fraud to regulators. Walk me through alternative legal frameworks for analyzing their options.Alternative framingsMid–leadership

Data breach statute of limitationsA data breach exposed customer information, but the company only learned of the breach six months after it occurred. Walk me through the statute of limitations issues for various claims.Statute of limitationsMid–senior

Consultant report privilege in litigationA consultant prepared a report for a client that's now in litigation, and opposing counsel has subpoenaed the consultant. Walk me through the privilege issues.Evidentiary gapsSenior–leadership

Trademark enforcement across jurisdictionsA trademark owner discovered infringing products on an e-commerce platform hosted abroad but shipped to US customers. Walk me through the jurisdictional issues for enforcement.Jurisdictional questionsMid–leadership

Oral modifications to written contractsA real estate developer claims oral modifications to a written construction contract. Walk me through the evidentiary and enforceability issues you'd spot.Evidentiary gapsEntry–senior

Patent challenge timingA biotech company's patent was challenged three years after issuance, and the challenger claims prior art the examiner never saw. Walk me through the timing and procedural issues.Statute of limitationsSenior–leadership

Arbitration and class waiver enforceabilityA rideshare driver was injured and wants to sue the platform, but the terms include an arbitration clause and class action waiver. Walk me through alternative arguments to challenge these provisions.Alternative framingsMid–senior

Auditor liability in failed acquisitionAn M&A target's financial statements were audited, but the buyer claims the auditor missed major liabilities. Walk me through overlapping causes of action the buyer might pursue.Spotting overlapping causes of actionSenior–leadership

False Claims Act limitationsA company received a qui tam complaint under seal alleging False Claims Act violations dating back eight years. Walk me through the statute of limitations analysis.Statute of limitationsSenior–leadership

Invention ownership and assignment scopeA software engineer signed an invention assignment agreement but developed code on personal time using personal equipment. Walk me through alternative legal theories for ownership.Alternative framingsMid–senior

Trading on allegedly nonpublic researchA hedge fund executed trades based on research from a third-party firm that allegedly contained material nonpublic information. Walk me through overlapping liability theories.Spotting overlapping causes of actionSenior–leadership

Franchise earnings misrepresentation claimsA franchisee claims the franchisor misrepresented earnings potential, but the franchise disclosure document included cautionary language. Walk me through evidentiary issues in proving the claim.Evidentiary gapsMid–senior

International device injury jurisdictionA medical device malfunctioned causing injury, but the device was manufactured in Taiwan, sold by a US distributor, and implanted in Canada. Walk me through jurisdictional issues for a lawsuit.Jurisdictional questionsSenior–leadership

Overlapping discrimination proceedingsA company is defending an EEOC charge, but the employee also filed a state discrimination claim and is threatening a federal lawsuit. Walk me through the overlapping proceedings and strategic issues.Spotting overlapping causes of actionMid–leadership

Regulatory taking versus contract breachA renewable energy project was delayed by permit denials, and the developer claims both regulatory taking and breach of development agreement. Walk me through alternative legal theories.Alternative framingsSenior–leadership

Channel stuffing and revenue recognitionIn the last week of the fourth quarter, a device maker ships triple its normal volume to distributors, grants extended payment terms and expanded return rights, and a salesperson's email promises to take back anything unsold. Walk me through the accounting issues you see.Spotting overlapping causes of actionMid–senior

Controller segregation of dutiesAt a mid-size subsidiary, the controller posts journal entries, approves them, prepares the bank reconciliation, and can add vendors in the payment system. The reconciliation carries a growing unexplained difference. What issues do you spot, and how severe are they?Spotting overlapping causes of actionMid–senior

Third-party inventory observation proceduresA client keeps 40% of its inventory at third-party logistics warehouses. For year-end they hand you the 3PL's emailed spreadsheet of quantities and screenshots from its portal. What are the gaps, and what would you do about them?Evidentiary gapsMid–senior

Capitalization and depreciation life changesLate in a difficult year, a manufacturer capitalizes an unusually large amount of maintenance spend as plant improvements and extends the depreciable lives of major equipment — together worth two points of margin. How do you take this apart?Alternative framingsMid–senior

Covenant breach with liquidity pressureDuring fieldwork you learn the client breached a debt covenant at year-end, its revolver matures in eight months, its largest customer just left, and management's forecast assumes 25% growth. Walk me through the issues.Spotting overlapping causes of actionSenior–staff+

Period cutoff and accrual irregularitiesIn a subsidiary's close file you find a January-dated invoice for December consulting work coded to January, a bonus accrual released into income at year-end with no memo, and a miscellaneous prepaid account that doubled. What concerns you, and what evidence do you ask for?Evidentiary gapsMid–senior