Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Law School Toolbox Podcast Episode 513: Grappling with AI as a Law Student and Lawyer (1L Summer Series)
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast
Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Walking Tall
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Podcast - The Seeds of Corruption
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Feeling Disillusioned with AI? You’re Not Alone
Current Regulatory, Legislative, and Litigation Developments on ADA Website Accessibility for Consumer Finance Digital Platforms — The Consumer Finance Podcast
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
The Trend of Threatening Physicians for Personal Gain
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Cooley’s Michael Berkovits says lawyers working on an intellectual property dispute should consult closely with forensic analysts and treat their findings as an investigative tool. Computer forensic analysis has become a...more
Garlington v. Two Rivers Farm, LLC, C.A. No. 2024-0917-BWD (Del. Ch. Apr. 7, 2025) - The Court of Chancery entered default judgment in a books and records action. The defendant limited liability company then appeared...more
According to a recent survey, artificial intelligence gained a significant foothold in corporate legal departments in 2025, where it is being used mostly for contract drafting and review, legal research, and document...more
Trade secret litigation can be brutal. Many times you have a company going after an ex-employee (and sometimes their new employer) for alleged theft of sales leads, confidential documents, and other proprietary information....more
Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more
In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more
Litigators frequently interview fact witnesses in pending or anticipated litigation settings. Their interview notes normally deserve fact work product protection, but that can be overcome if the witnesses disappear or their...more
In its decision last year in Aabar Holdings SARL v. Glencore PLC & Others, the High Court handed down a landmark ruling overturning the ‘shareholder rule’, which has been applied to the analysis of legal professional...more
Last week’s Privilege Point described a court’s initial rejection but later acceptance of a county’s claim of privilege and work product protection for internal employee training. Hipschman v. Cnty. of San Diego, Case No....more
Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...more
As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third...more
In the aftermath of the soap opera-like ethical scandal over an undisclosed romantic relationship between a Jackson Walker partner and a Texas bankruptcy judge, an Oregon federal court dealt with discovery of a renowned...more
Settling a case is hard. Negotiating the terms and coming to an agreement can take weeks or months. But once the parties agree to the general terms of a settlement (e.g., the amount of money changing hands and the timing of...more
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
Companies facing ongoing or threatened litigation must sometimes estimate their likely or possible financial exposure — for internal purposes, reporting to auditors or other reasons. Depending on the circumstances, one would...more
Record retrieval is an integral part of any legal case, giving attorneys access to accurate and up-to-date information on which to base their arguments. Preparing records for a case or legal matter requires carefully...more
When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more
Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more
Six Considerations 1) What you hope to get out of litigation (01:50) 2) Disruption litigation can cause to daily business operations (05:52) 3) Consider the effects litigation will have to your business outside the...more
Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...more
Two-thirds of corporate counsel will bring work in-house next year to reduce costs: That’s the major takeaway from an industry survey from Everlaw and the Association of Corporate Counsel (ACC) released this fall....more
The seventh Webinar in the “Age of AI” series focused on the risk factors at the intersection of litigation and AI. The presenters started with a brief background on AI and the practice of law and shifted to guidance in...more
Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more
As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more