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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
The U.S. Court of Appeals for the Seventh Circuit has provided a new framework for district courts to apply when deciding whether to issue notice to potential plaintiffs of a pending collective action under the Fair Labor...more
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
With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor...more
What if justice had a shape — not rigid scales or a blindfolded figure, but a living, dynamic map? Imagine causation as a multidimensional space, where influence, control, and responsibility could be mapped across a moving...more
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more
“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more
So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive,...more
In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more
Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down RIG Consulting, Inc. v. Rogers, where a court called a defendant’s failure to produce Teams messages and emails...more
The volume of “documents” relevant to litigation and government investigations has exploded due to electronic data, leading to a significant shift in the discovery process. What once required a trip to a client’s filing...more
ComplexDiscovery Editor’s Note: President Trump’s signing of the GENIUS Act sets a new course for professionals in eDiscovery, cybersecurity, and information governance. By formalizing federal oversight of...more
Expect fireworks with this month’s eDiscovery case law disputes! In our July 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to improper boilerplate objections,...more
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more
As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more
There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more
The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more
Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more
The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more
In the first half of 2025, competition authorities across Europe have continued to vigorously use their intrusive dawn raid powers in diverse economic sectors. These operations require diligent and thorough preparation as...more
In Hall v. Baltimore Police Dept., 2025 WL 1548560 (D. Md. May 30, 2025)(Austin, J.), the Court considered whether materials created many years after the underlying incident were protected under the work-product doctrine. The...more
ESI protocols have become an important tool for getting parties “on the same page” regarding how discovery will be conducted. While they aren’t necessarily appropriate for every case, they are a vital tool in helping to...more
Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more
In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more