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Discovery Litigation Strategies

Offit Kurman

Protecting Your Business: Understanding ADA Website Accessibility Lawsuits in New York

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Did you receive a complaint alleging that your company’s website violates New York’s equivalent of the Americans with Disabilities Act? Does the complaint allege the website violates New York State Human Rights Law and New...more

Nextpoint, Inc.

Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a key antitrust ruling in De Coster v. Amazon.com, where a judge ordered 54 of 85 documents reviewed in camera to be...more

Miles Mediation & Arbitration

The Goldilocks Zone of Mediation

I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more

EDRM - Electronic Discovery Reference Model

AI Can Improve Great Lawyers—But It Can’t Replace Them

The rise of legal AI has sparked a familiar fear: that our hard-won expertise might be absorbed into machines. That lawyers will be off-loaded—our reasoning encoded, commodified, and reduced to prompts. That we’ll be...more

Nextpoint, Inc.

Live from Legalweek 2025: Industry Leaders Kelly Twigger and Doug Austin Share Insights on AI Innovation, Industry Trends, and...

Nextpoint, Inc. on

At this year’s Legalweek, the Nextpoint team joined EDRM to host a “Live from Legalweek” webinar and connect with leaders across the legal tech industry. As part of the series, Brett Burney, Nextpoint’s eLaw Evangelist, sat...more

Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

Array on

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 May 11-17. Here’s what’s...more

Esquire Deposition Solutions, LLC

Technology-Assisted Review Was Litigation’s First Encounter With AI

While the use of artificial intelligence for drafting legal pleadings is a relatively new phenomenon, the deployment of artificial intelligence in pretrial discovery of electronically stored information is not. In fact, the...more

Vondran Legal

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

Vondran Legal on

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

Array

Beyond Transcripts: The Strategic Role of Service in Court Reporting

Array on

Court reporting is more than a logistics exercise - it’s a critical component of case strategy. In today’s litigation landscape, where deadlines are compressed, teams are stretched, and expectations are high, the service...more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

Allen Matkins on

The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Bennett Jones LLP on

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Nextpoint, Inc.

Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today explore a key stipulation from the In re Uber Techs. Passenger Sexual Assault Litigation that’s reshaping the handling of...more

Womble Bond Dickinson

Seeing Should Not Be Believing

Womble Bond Dickinson on

The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. ...more

Mayer Brown

Delaware Law Alert: Books and Records Inspection Under the Amended §220

Mayer Brown on

Delaware has overhauled its framework for stockholder books and records inspection rights. Amendments to Delaware General Corporation Law (DGCL) §220, enacted on March 25, 2025,1 seek to address the concern that inspection...more

Venable LLP

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

Venable LLP on

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

McGuireWoods LLP

Can One Jointly Represented Client Waive the Groupꞌs Privilege?

McGuireWoods LLP on

Lawyers frequently represent multiple clients on the same matter. Absent some contractual arrangements to the contrary, those lawyers must share all confidential information with all the jointly represented clients and, of...more

Kilpatrick

Recent English High Court Decision Reveals The Obstacles In Obtaining Foreign Discovery For Use In US Litigation

Kilpatrick on

In Byju’s Alpha, Inc. v. Oci Limited, 2025 (EWHC 271) (KB), the claimant in Delaware proceedings seeking to recover assets and losses arising from fraudulent misappropriation learned that funds had been transferred to an...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Goodwin

HyClone Seeks to Quash Amgen’s Subpoena Issued in Amgen/Accord Denosumab BPCIA Litigation

Goodwin on

On May 14, 2025, HyClone Laboratories, LLC (“HyClone”) filed a Motion to Quash in the U.S. District Court for the District of Utah, seeking to quash Amgen Inc.’s (“Amgen”) subpoena to HyClone issued in Amgen’s denosumab BPCIA...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Pullman & Comley, LLC

A Practical Guide to the Connecticut Interstate Depositions and Discovery Act

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Litigators handling disputes that extend across state lines know that obtaining discovery can be cumbersome.  Fortunately, Connecticut has taken steps to streamline this process. ...more

Venable LLP

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

Venable LLP on

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

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Esquire Deposition Solutions, LLC

Texas Supreme Court Embraces Interstate Deposition Act

Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more

Lighthouse

ESI Protocols in the Age of AI: 4 Essential Questions for Modern Discovery

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With the evolution of AI capabilities and adoption outpacing procedural frameworks, its important to reevaluate your approach to ESI protocols. Learn about four key considerations that will help you to create effective and...more

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