eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
A Less is More Strategy for Data Risk Mitigation
Bar Exam Toolbox Podcast Episode 304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
Podcast - Think Outside the Script
How Attorneys’ Views on AI Are Impacting eDiscovery
Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
eDiscovery Needs Digital Forensics for a Mobile World
Storytelling in Closing Arguments
Podcast - The Basic Rules for Closing Argument
In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more
A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal...more
Baranowski v. City of Newark, Docket No. A-2262-23, NJ Super., App. Div., Mar 11, 2025 - The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this...more
On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University that a plaintiff asserting that a plan and...more
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more
What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more
With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an...more
The question of how to handle “modern attachments” has become a major conversation in the ediscovery sphere over the past year. While traditional email attachments consist of a discrete, downloadable file, these "modern...more
Asbestos workers in the state of Louisiana who have been diagnosed with mesothelioma cancer or asbestos lung cancer may be eligible to file a lawsuit or bankruptcy trust claim against the companies responsible for their...more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more
On April 23, U.S. District Judge Claudia Wilken temporarily rejected the terms of the settlement in House v. NCAA, effectively issuing an ultimatum to the parties: fix the roster limits issue or risk blowing up the...more
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE - Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Continuous-use evidence is not necessarily prima facie evidence of acquired distinctiveness...more
An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more
Recentive Analytics, Inc. v. Fox Corp., et al., No. 2023-2437 (Fed. Cir. (D. Del.) Apr. 18, 2025). Opinion by Dyk, joined by Prost and Goldberg (sitting by designation). Recentive sued Fox for infringing four patents that...more
Eckert v. Hightower, C.A. No. 2024-0569-MTZ (Del. Ch. Mar. 24, 2025) - A board of directors approved compensation packages for the company’s CEO, who also was its controlling stockholder. The CEO was a member of the...more
In Craig v. Target Corporation, et al., the District Court for the Middle District of Florida considered whether Target Corporation (Target) committed securities violations by failing to disclose risks related to an ESG and...more
In 2011, a local water district in Nevada entered into a lease agreement with Paradise Canyon, LLC to provide shares of water for irrigating the Wolf Creek Golf Club. The lease agreement granted Paradise Canyon a right of...more
On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service...more
A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more
Given the momentum of the last year, it seems unthinkable that the House settlement might not be approved. However, it’s still—in fact—a proposed settlement, subject to Court approval. And, Wednesday’s order by Judge Wilken...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 13-19. Here’s what’s...more