Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
Key Discovery Points: ESI Protocol Objection Denial Party
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
Key Discovery Points: Be a Team Player When It Comes to Production
From OCR to AI The Future of Media and Image Analysis in eDiscovery
All Things Investigation: Due Diligence and Drama: A Deep Dive into Art World with Daniel Weiner
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
Understanding Discovery in Commercial Litigation
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more
“Attorney time” is how I often explain to my client how “quickly” things will progress in their lawsuit. Most folks that have been sued are anxious, unsure of the process, and often just want it to go away. “If I could just...more
Your spouse, former spouse, or former partner comes to you and proposes that you resolve your divorce, financial, or custody dispute through the Collaborative process (a formal arrangement to resolve your matter without any...more
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
On April 1, 2025, the Civil Rules Review (CRR) Working Group published its Phase 2 Consultation Paper (Paper) outlining its proposed framework for revamping Ontario’s Rules of Civil Procedure (Rules). If implemented, this new...more
Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more
On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving...more
In California, a couple seeking to part ways have limited options when filing for divorce. The standard procedure requires one party to initiate the process by filing a Petition for Dissolution of Marriage, which is then...more
Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more
Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more
I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. For example, in Hipschman v. County of San Diego, 2024 WL 3206909 (S.D. Cal. June 26, 2024),...more
In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more
How do you prepare for mediation? As a mediator of commercial and real estate disputes, I’ve found that some lawyers view mediation preparation as unnecessary and not the best use of their time. But failing to prepare almost...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more
As noted in our prior posts, the U.S. Supreme Court Justices (with the exclusion of Justice Clarence Thomas who was hospitalized on March 18) heard oral arguments on March 23, 2022, for ZF Automotive US, Inc. v. Luxshare,...more
Wage cases are stressful for everyone involved. Workers, sometimes representing a large, similarly situated group, feel as though they were systematically underpaid. Employers often feel as though they tried to comply with...more
1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more
To borrow from a popular travel destination slogan, what happens in mediation stays in mediation. Or does it? The answer currently is maybe, as a Delaware bankruptcy judge presiding over the Chapter 11 bankruptcy case,...more
Contractors interested in contracts with the Federal Aviation Administration (FAA) should be aware that FAA bid protests are different from protests involving other federal agencies. The FAA’s Office of Dispute Resolution for...more
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
Q: What should I expect if a civil lawsuit has been filed against me? A: The litigation process can be a lengthy affair. Usually a trial is scheduled a year or more after the petition was filed....more
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more
The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more
When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more