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)
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Direct Examination: To Lead or Not to Lead
Law School Toolbox Podcast Episode 416: Listen and Learn -- Service of Process (Civ Pro)
Bar Exam Toolbox Podcast Episode 224: Listen and Learn -- Service of Process (Civ Pro)
The Only Rule of Multidistrict Litigation Is...
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast
Podcast - Finding the Balance
Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
District court denies motion to reconsider dismissal of claims that OpenAI removed copyright management information in violation of Digital Millenium Copyright Act, holding that inconsistency between dismissal order and...more
Sometimes you want to know the identity of an infringer but you don't know it due to the use of a fake handle name or social media account name. In these circumstances, you may need to serve a "DMCA subpoena" on a social...more
In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more
The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more
A federal district court judge in the Central District of California recently dismissed a choreographer’s claims against Epic Games Inc. (“Epic Games”) arising out of Epic Games’ alleged use of his dance moves in its...more
The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case where the plaintiff filed (but never served) an amended complaint in a...more
In Lang Van, Inc. v. VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign defendant with regard to a...more
What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit...more
We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...more
Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted. After what appears to have been 3+ years of contentious...more
Addressing whether to exercise personal jurisdiction over defendants whose only tie to the forum was an allegedly infringing newsletter sent to 10 California residents, the US Court of Appeals for the Ninth Circuit upheld the...more