Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Law School Toolbox Podcast Episode 281: Listen and Learn -- Character Evidence
Bar Exam Toolbox Podcast Episode 121: Listen and Learn -- Character Evidence
Law School Toolbox Podcast Episode 259: Listen and Learn -- Relevance in Evidence
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
Seeing is believing, and that’s a problem when it comes to deepfake evidence in court. We’ve already remarked on the many instances where careless use of generative artificial intelligence is flooding courthouses with legal...more
Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a...more
Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more
Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more
This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more
On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more
In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...more
It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more
An Interview with Dr. Maura Grossman by Kate Halloran - What do you recommend that law firms focus on when developing policies around the responsible use of AI? Firms must have a very clear idea of the scope of permissible...more
In Re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, 2024 WL 1772832 (N.D. Cal. Apr. 23, 2024), resolved a dispute over so-called “modern attachments” based on impressive and comprehensive technical...more
In a recent exploration of the complexities surrounding the FRE 502(d) order and the intricacies of privilege in eDiscovery, we delve into the critical case of Lubrizol Corp. v. IBM Corp. This case shines a light on the...more
In the evolving landscape of the legal industry, the management of electronically stored information (ESI) has become a focal point of discussion and strategy. With the digitization of records and communications, legal...more
Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that...more
[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more
By using our smartphones, tablets and computers, we create and exchange a vast amount of electronic data every day, but what some may not know is that there is a whole other world of information hidden beneath the surface —...more
In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that artificial intelligence may have surreptitiously altered the videos. These challenges are...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
In the fourth episode of his "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also...more
Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for...more
The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more
The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting....more
In a case that has particular salience in today’s era of social media, the Eastern District of Texas in Edwards v. Junior Sate of Am. Found., CIVIL NO. 4:19-CV-140-SDJ (E.D. Tex. Apr. 23, 2021), excluded screenshots and other...more