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
So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive,...more
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
In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed....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
On June 10, 2025, the Committee on Rules of Practice and Procedure — the advisory body to the Judicial Conference of the United States — approved several key amendments to the Federal Rules, including the creation of a new...more
Federal Rule 901 governs the authentication of evidence in court. Per the rule, “[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a...more
On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court...more
Artificial Intelligence is taking society by storm and has even made a name for itself in the courtroom. With the ease of utilizing AI to generate various forms of data, presenting evidence at trial can be a much less arduous...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
In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more
Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more
The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison...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
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 November 3-9. Here’s what’s...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
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...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
US courts are issuing guidelines to ensure litigators disclose any use of generative AI in legal proceedings. By now, most of us have heard a story about the misuse of generative AI in the practice of law: the attorney...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
If you know, you know. The government’s less familiar version — if most know, the defendant knows — just got a boost from the Supreme Court of the United States, which recently held that Federal Rule of Evidence 704(b) did...more