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Key Discovery Points: Be a Team Player When It Comes to Production
Podcast - “I Lied Like a Dog!”
Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
From digital to physical evidence, the processes for evidence disclosure management are increasingly demanding due to the elevated volume of evidence being gathered during major cases and the strict timelines imposed by the...more
The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.280(f) to clarify the timing of initial disclosures and discovery procedures. In re Amendments to Florida Rule of Civil Procedure 1.280(f), No....more
In response to the rapidly increasing presence of AI-generated outputs in litigation, on June 10, 2025, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules approved for publication for public comment a...more
ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more
In July 2024, the UPC Court of Appeal (CoA) clarified its procedural rules surrounding evidence preservation and confidentiality. It confirmed that the deadline for bringing an action on the merits only starts to run after...more
The Georgia General Assembly has passed comprehensive tort reform legislation, S.B. 68, that should interest any company operating or litigating in Georgia. In addition, the General Assembly passed S.B. 69, which regulates...more
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more
On February 14, 2025, I will be speaking at the Suffolk Academy of Law’s annual Elder Law Update, addressing current developments in artificial intelligence (“AI”) that are relevant to trusts and estates practice, among other...more
A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more
1. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only...more
In a case of first impression, the Court of Chancery held recently that officers, like directors, owe their companies a duty of oversight, although the scope of that will vary with their responsibilities. Two other Chancery...more
The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more
2021 has already ushered in a number of eDiscovery developments that clients and counsel should be aware of. These developments include new trends regarding the increasing incidence of court-ordered forensic exams, whether...more
As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more
On December 1, 2019, Federal Rule of Criminal Procedure 16.1 (Rule 16.1 or the “Rule”) went into effect. With a focus on defense counsel’s ability to adequately prepare for trial, the Rule functions as a response to concerns...more
The Department of Justice recently announced updates to its Foreign Corrupt Practices Act Corporate Enforcement Policy. While the changes were relatively minor, the modifications underscored important principles surrounding...more
In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon. On August 13, 2019, the Tennessee Supreme Court issued an...more
The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more
On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) issued a detailed outline of proposals that address some of the hot topic issues in the collection industry. Before they become rules, these proposals will...more
Unlike other states, California’s rules of evidence are found in statutes, not court rules. This is not simply a legal curiosity. The statutory basis of California’s “rules” of evidence have real world implications....more
Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more
In This Issue: - Between a Rock and a Hard Place: Navigating Disclosures to U.S. Regulators Within the Framework of China’s State Secrets Law - Internal Investigations in China: Collecting and Reviewing Digital...more
I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more