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
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
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
There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more
In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable...more
The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more
Trial strategy isn’t solely a matter of collecting and presenting the right set of evidence and testimony—it requires organizing and crafting a narrative that connects with jurors. With each new jury, you’re back at the...more
Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more
The development and use of search terms in e-discovery is a cornerstone of modern litigation. Properly crafted search terms enable legal teams to efficiently identify relevant electronically stored information (“ESI”) while...more
Most great attorneys didn’t get where they are alone. While the best attorneys are no doubt talented and deserving, most of them become so because they have a strong support network, hard at work in the background. And...more
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
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
In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more
When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...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
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss how courts are beginning to address the challenges of AI-generated evidence, including deepfakes. Drawing from the...more
In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The...more
The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more
“Chain of custody” is a familiar concept for anyone working in law enforcement, legal practice, or investigations. It’s a foundational part of proving that evidence presented in court is authentic, unaltered, and admissible....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
Alienation of affection is a unique and emotionally charged legal claim. It allows a spouse to hold a third party civilly liable for intentionally interfering in a marriage, resulting in the loss of love, affection, and...more
Despite the evolving landscape of legal technology, the legal industry remains one of the most traditional sectors, often resistant to change. However, adoption of technology has never been more paramount, particularly in the...more
Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more
In today’s hyper-connected world, social media is an integral part of many people’s daily life — so much so that we often take it for granted. It’s where we share milestones, vent frustrations, and document even the most...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 June 8-14. Here’s what’s...more