eDiscovery Needs Digital Forensics for a Mobile World
Storytelling in Closing Arguments
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Podcast - Refresh vs. Impeach: Know the Difference
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
Cross-Examination: The Three C’s of Impeachment
To Unlock AI’s Power, Think Predictive to Generative
Podcast - Cross-Examination: The Importance of Organization
Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
The "Why" of Cross-Examination
Bar Exam Toolbox Podcast Episode 262: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman | Texas Appellate Law Podcast
Effective Trial Language Part 3: Jargon
Law School Toolbox Podcast Episode 435: Listen and Learn -- Amendments to Pleadings (Civ Pro)
Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more
Remnant LLC v. Permico Royalties LLC, et al determined that a 90-year-old claim to ownership of a forfeited corporation was not valid. The players - Hoffman: By most accounts a scoundrel and con man who plied his...more
A new petition for certiorari filed by the United States urges the Supreme Court to stop lower courts from ordering “universal” preliminary relief under the Administrative Procedure Act (APA). In recent years, the federal...more
Expanding on the peer review protections established in Bonni v. St. Joseph Health System, the California Court of Appeal in Dignity Health v. Mounts held that a wide array of medical staff communications regarding peer...more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements. Specifically, each court each held that the Ending Forced Arbitration of...more
One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective...more
A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more
Generative artificial intelligence (genAI) company OpenAI recently published its “approach to patents,” which includes what might appear to be a promise not to assert its own patents against other parties except in...more
Jurisdiction: Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more
In dos Santos v. Unitel S.A., the Court of Appeal helpfully cut through some conflicting authorities and restated a key requirement that applicants must satisfy to be granted freezing injunctions....more
Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more
On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida issued a noteworthy decision in United States ex rel. Zafirov v. Florida Medical Associates, LLC, holding that the qui...more
The California Department of Industrial Relations (“DIR”) recently issued some FAQs regarding how PAGA claims are administered following reform legislation. As you may know, the CA Legislature acted earlier this year to pass...more
A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more
From the rapid advancements in the capabilities of mobile devices to our increasingly digital workplaces, how we communicate is less standardized and more complex. This has major implications for eDiscovery and demands a...more
On October 11, 2024, Judge Orelia E. Merchant issued a decision construing the claims of three asserted patents in a litigation filed by Plaintiff Artec Europe S.A.R.L. (“Artec”) against Defendants Shenzhen Creality 3D Tech....more
The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more
The eDiscovery community is experiencing a mental health crisis that can and should be solved by senior stakeholders who control the economic foundations of our industry. Poor mental health has a number of potential taproots;...more
Some courts understandably conclude that the anticipation of litigation that can assure work product protection also requires the litigant to impose a litigation hold on pertinent documents. Perhaps that is not a perfect...more
Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing...more
The judgment in Jaffé & Another v. Greybull Capital LLP & Others gives an excellent insight into how the English courts are grappling with issues arising from the fallibility of memory....more
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these...more
Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries. ...more
On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being...more
