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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 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
In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more
We live in an era of ‘big data.’ According to the International Telecommunications Union, more than three-quarters of the world’s population own a mobile phone. The same statistics apply for computer and internet use....more
Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more
Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of...more
What starts online won't stop there - There aren't many college basketball games that change the share price of a Fortune 100 company. But in February 2019, Duke University freshman star Zion Williamson blew out one of his...more
How are you preserving emojis for ediscovery? Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more
The Southern District of Florida recently granted a defendant’s motion for summary judgment on certain aspects of a plaintiff’s TCPA claim because plaintiff could not establish that defendant used an ATDS to call her cell...more
Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more
Eric Goldman, an Internet law professor, gives us an overview of emoji law, including the pros—more precise and nuanced communication—and the cons—more ambiguity and room for misinterpretation. Eric Goldman is a Professor at...more
In many TCPA cases, the sufficiency of a plaintiff’s allegations, particularly those concerning the defendant’s alleged use of an automatic telephone dialing system (“ATDS”), are tested at the pleadings stage through a motion...more
As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more
A District Court in California denied Uber’s motion to arbitrate a TCPA class action claim after the ride-sharing company failed to authenticate the information from its database that allegedly confirmed the arbitration...more
A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied. Fortunately, this isn’t a Marks effect case. In fact, the legal definition...more
...Requests for Admissions are my favorite (quasi-) discovery device. Like Dr. Strange’s spell protecting the time stone in Infinity War–they are easy to cast but– once admitted– they can prove quite unbreakable....more
Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more
It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more
In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the...more