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Federal Rules of Civil Procedure Litigation Strategies

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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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

Alston & Bird

Recent Supreme Court Decisions Every Securities Litigator Should Know

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Our Securities Litigation Group highlights three recent Supreme Court decisions that every securities class action litigator should know....more

Minerva26

Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast

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In this first episode of our Mobile Minutes segment, U.S. District Judge Xavier Rodriguez joins host Kelly Twigger on the Meet and Confer podcast to explore one of the most urgent questions in modern discovery: when does an...more

Nextpoint, Inc.

Key Discovery Points: ESI Protocol Objection Denial Party

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In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a recent ruling in Hall v. Warren, where a federal judge shut down every single objection raised by the City of...more

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

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Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Association of Certified E-Discovery...

Cracking the Code on ESI

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

Whiteford

Client Alert: Assignments of Error: Is That Your Final Answer?

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On July 22, 2025, the Virginia Court of Appeals issued a published order in Sisco v. Holtzman, Rec. No. 024025, clarifying the rules for assignments of error in appellate proceedings. Assignments matter. The Court of Appeals...more

Esquire Deposition Solutions, LLC

Tech Titans Invoke, and Grow, Apex Deposition Doctrine

Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: July 2025

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The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

EDRM - Electronic Discovery Reference Model

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

A motion for a forensic examination was granted in PlayUp, Inc. v. Mintas, 2025 WL 2017161 (D. Nev. Jul. 18, 2025). On movant’s third try, the court found that the opponent was trying to “gaslight” the court and it granted...more

Zelle  LLP

Florida’s Rules of Civil Procedure Have Some Changes

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Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1,...more

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

Ballard Spahr LLP

Federal Court issues order granting universal injunction to a provisionally certified class in new birthright citizenship lawsuit

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In the aftermath of the Supreme Court’s ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts that had determined that President Trump’s Executive Order limiting...more

Cimplifi

Chess, Not Checkers: Negotiating from a Position of Power

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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

Array

This Week in eDiscovery: A Self-Collection Warning | ‘Sufficient to Show’ Requests

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 29-July 5. Here’s what’s...more

Esquire Deposition Solutions, LLC

When AI Productivity Collides With Professional Reputation

Are you feeling “left behind” or possibly irrelevant because you’ve yet to integrate artificial intelligence into your law firm’s operations? You could easily feel that way after reading the 2025 Future of Professionals...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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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

Nelson Mullins Riley & Scarborough LLP

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Irwin IP LLP

NDIL Hits Pause: “Schedule A” Suits Face New Scrutiny 

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R Corp. v. P’ships & Unincorporated Ass’ns Identified in Schedule A, Case No. 1:25-cv-06337 (N.D. Ill. June 9, 2025) - The Northern District of Illinois (“NDIL”) has been a hotbed for “Schedule A” litigation—a legal tactic...more

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 15-21. Here’s what’s...more

Vondran Legal

Overview of the DMCA subpoena – UNMASKING what you need to know!

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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

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

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