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
Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more
In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more
Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more
Good lord another one? I can’t keep up with all the #biglaw losses. I mean, when was the last time ANY #biglaw firm won ANTHING in a TCPA case? My goodness. What a disaster. Here’s another one. In Bond v. Folsom Insurance...more
In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
TCPA revocation cases are on the rise, and a closely related type of case– the internal DNC claim– is on the rise along with it. There is a slight difference between the two types of cases, and one which we don’t talk about...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 May 4-10. Here’s what’s...more
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more
Document collection and production now involves more than just sending opposing counsel emails. As business communication has evolved, so has the need for producing from various and evolving streams of communication. Text...more
One of the best indicators of trends related to mobile device discovery is case law rulings. Case law rulings tell us what the courts are expecting from us regarding how and when electronically stored information (ESI) from...more
For years, litigators focused on emails and corporate documents as the primary sources of discoverable evidence. But the way people communicate has changed. Today, crucial case evidence is just as likely—if not more likely—to...more
In today's fast-paced litigation landscape, electronically stored information (ESI) plays a critical role in shaping legal strategies and outcomes. Among the myriad sources of ESI, text messages have emerged as a critical...more
Use the right tools to analyze your deposition transcripts and build a winning case story. As we mentioned in Part 1, there are many important tasks and responsibilities involved in a litigation matter, but telling a...more
Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...more
A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to...more
Pagefreezer partnered with the Association of Corporate Counsel (ACC) to create a report that examines how in-house legal teams are dealing with modern data sources. The report, called the Collecting Online Data for...more
Experienced litigators are familiar with the tension between the federal legal system’s policy favoring liberal pretrial discovery into all relevant matters and the countervailing policy forbidding discovery that is...more
Making crucial errors in eDiscovery can prove detrimental to both lawyers and their clients. Nowhere is this more apparent than in the case of the Sandy Hook parents who won a $49.3 million judgment, including $45.2 million...more
Preservation of electronically stored information (ESI) is steadily becoming a determining component in modern-day litigation. Last year, criminal and civil actions against actor Kevin Spacey Fowler arising from an alleged...more
The TCPA is a magnet for serial litigants. There are handful of individuals located in various states across the country who seem to account for an outsized share of TCPA filings, and who are sometimes known to resort to...more
E-discovery in the Big Data era has become cost-prohibitive to many litigants. Efforts to address this problem through amendments to the rules of civil procedure have been, unsurprisingly, slow. Fortunately, new technologies...more
Lawyers or business people who feel they have been hearing about a lot more consumer protection class actions lately have good reason for that feeling. A recent report by Lex Machina, part of LexisNexis, highlights an...more
Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more