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Defense Strategies Discovery

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

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The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

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There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

Venable LLP

Patent Litigation Defense 101: What to Know When You’ve Been Sued for Infringement

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If your company has just been named in a patent infringement lawsuit, you may be facing an unfamiliar and high-stakes process. Patent litigation is unlike most commercial disputes—it involves complex legal standards, highly...more

Venable LLP

Trade Secret Defense 101: What to Know When Facing a Misappropriation Claim

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If your company has been sued for trade secret misappropriation, you are not without options. Trade secret litigation can move quickly and carry high stakes, including reputational harm, operational disruption, and...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Marshall Dennehey

Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence...

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Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more

EDRM - Electronic Discovery Reference Model

[Webinar] eDiscovery Trends & Predictions: 2024 in Review and What to Expect in 2025 - November 14th, 1:00 pm - 2:00 pm ET

Staying ahead of the curve in legal tech and ediscovery requires knowing where the industry has been – and where it’s heading. In 2024, the pace of innovation brought new challenges and opportunities to ediscovery, from the...more

U.S. Legal Support

Preparing a Winning Trial Strategy

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Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more

IMS Legal Strategies

Want to Improve Credibility? Embrace Your Witness’s Humanity

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In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

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The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Benesch

Exploring First Amendment and Editorial Judgment Protections for Large Language Models

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Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

Strafford

[Webinar] FLSA Collective Action: Erosion of Lusardi Two-Step Certification, Appellate Courts’ New Standards, Circuit Split -...

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This CLE webinar will examine the status of FLSA collective action certification following the recent Swales and Clark appellate decisions, including a close look at the new standards established under each. The panel will...more

Esquire Deposition Solutions, LLC

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

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When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Association of Certified E-Discovery...

[Webinar] A Revolution in Forensic Review Has Arrived! - February 7th, 1:00 pm - 1:45 pm EST

BIG NEWS in the world of digital forensics – FTK 8 is here to change the way you perform forensic analysis and review. Long known for its reliable, repeatable, forensically-sound collection and processing, the new FTK...more

Hendershot Cowart P.C.

Texas Rule 202: The Advantages of Pre-Suit Depositions in Litigation

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Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more

Association of Certified E-Discovery...

[Webinar] The New Professional Services Work from Home Reality and Risks - November 6th, 9:00 am - 10:30 am PST

Join us for an exciting online event that explores the challenges and risks associated with the new work from home reality in the professional services industry. Discover how professionals are adapting to remote work and...more

Association of Certified E-Discovery...

[Event] The New Professional Services Work from Home Reality and Risks - November 6th, New York, NY

Join us for an exciting in-person event at Covington & Burling LLP, New York Times Building, 8th Avenue, New York, NY 10018, USA. Discover the new reality of professional services work from home and the associated risks....more

Rodemer Kane Attorneys at Law

I'm Only Charged With Speeding, What Can A Defense Attorney Do For Me?

Sometimes people think that the evidence against them is so overwhelming that there's no reason to fight the charges. Other times, people have no criminal history, what they’re charged with doesn’t seem that serious, and the...more

Littler

Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its...

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In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

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Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Nextpoint, Inc.

Taking Depositions: Preparation Strategies for Attorneys

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TRIAL PREPARATION SERIES / PART TWO OF THREE - Taking depositions is arguably the most useful discovery exercise to gather information and build a strong case. It is the only opportunity, prior to trial itself, where an...more

Husch Blackwell LLP

The Government Contractor Defense: 10 Things Contractors Need To Know

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Government contractors facing products liability suits may have a number of unique defenses available them, depending on the government’s role in the alleged act or omission giving rise to the plaintiff’s claimed harm. One...more

Holland & Hart - Your Trial Message

Distinguish the Four Types or Phases of Witness Preparation

Experienced trial lawyers know it is important that their witnesses are prepared to testify. At the deposition stage, and even when the likelihood of a trial is uncertain, it is critical to invest the time in making sure that...more

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