Key Discovery Points: ESI Protocol Objection Denial Party
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Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
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The Three C’s for Addressing Prior Inconsistent Statements
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Bar Exam Toolbox Podcast Episode 311: Spotlight on Criminal Law (Part 1)
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a recent ruling in Hall v. Warren, where a federal judge shut down every single objection raised by the City of...more
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...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 Hall v. Baltimore Police Dept., 2025 WL 1548560 (D. Md. May 30, 2025)(Austin, J.), the Court considered whether materials created many years after the underlying incident were protected under the work-product doctrine. The...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
Notwithstanding frequent “hallucinations” and the consequent embarrassment of getting caught relying on court rulings that do not exist, generative artificial intelligence is nevertheless fast becoming a familiar component in...more
Introduction: The Urgency and Promise of Generative AI in Law - The unprecedented rapid advancement of generative artificial intelligence (AI) worldwide presents the legal profession with a pivotal opportunity for...more
Picture this: you’re in-house counsel, and your company’s just been sued. But you’ve seen this film before. You know (with reasonable certainty) how much it’ll cost to get from complaint to Rule 26, through discovery, motions...more
Court reporting is more than a logistics exercise - it’s a critical component of case strategy. In today’s litigation landscape, where deadlines are compressed, teams are stretched, and expectations are high, the service...more
Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more
If you don’t already use legal translators, it’s likely in your firm’s future. Between 2021 and 2023, the slice of American residents categorized as “limited English proficient” (LEP) grew from 25.7 to 29.6 million, a growth...more
The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more
During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial...more
Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more
In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more
Noticing a deposition is a critical part of the litigation process. Far from just a formality, it’s an assurance that a deposition you’re engaging in is being done fairly and in good faith. By giving all interested parties...more
On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
In our recent article “Understanding GenAI Response Limits: What Every Legal Professional Should Know,” we explored how legal professionals can overcome the traditional length limitations of Large Language Models that...more