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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
In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….” The case is before the District Court after the United...more
The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more
The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more
In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more
The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more
Today, the Supreme Court of the United States granted certiorari in two cases: Berk v. Choi, No. 24-440: Many states, including Delaware in this case, have “affidavit of merit” statutes that require certain types of...more
In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more
The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...more
The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more
On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more
The United States Supreme Court has granted certiorari in Laboratory Corporation of America Holdings v. Davis. The case raises a pivotal question: Can a federal court certify a Rule 23(b)(3) damages class when some proposed...more
On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more
In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more
On January 15, 2024, the United States Supreme Court issued a unanimous Judgment in E.M.D. Sales, Inc., v. Carrera that employers only need to prove an exemption under the Fair Labor Standards Act (FLSA) by a preponderance of...more
In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more
The Supreme Court of the United States rejected a higher standard of proof for employers to demonstrate that an employee is exempt under the Fair Labor Standards Act (FLSA), providing clarity for FLSA disputes across the...more
A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more
The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more
Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D Sales,...more
The U.S. Supreme Court unanimously held that higher evidentiary standards do not apply to overtime exemption classification disputes under the Fair Labor Standards Act (FLSA)....more
The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more
On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard. In so doing,...more
Employers may now have an easier time establishing that employees are properly classified as exempt, in light of a recent unanimous ruling from the United States Supreme Court. In E.M.D. Sales, Inc., et al. v. Carrera et...more
On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more
Real World Impact: In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption...more