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The Fragility of Chain of Custody in the Era of Digital Evidence

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“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

EDRM - Electronic Discovery Reference Model

The Future is Now: Why Trial Lawyers and Judges Should Embrace Generative AI Now and How to Do It Safely and Productively

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

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What Is a JSON File? And What Role Does It Play in eDiscovery?

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If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Winning Story: How to Use Technology to Build and Present a Compelling Case - April 29th, 12:00 pm - 1:00 pm CT

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

U.S. Legal Support

How to Choose a Legal Translator

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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

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

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

EDRM - Electronic Discovery Reference Model

Trial Exhibit Management

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

Farrell Fritz, P.C.

Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order for Trials in the Commercial...

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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

U.S. Legal Support

Preparing an Effective Notice of Deposition

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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

EDRM - Electronic Discovery Reference Model

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

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

EDRM - Electronic Discovery Reference Model

Keeping the Temperature Just Right for Effective eDiscovery Negotiations

“I’ll see you in court!” It’s the rallying cry of legal dramas, glorifying courtroom battles as the pinnacle of advocacy. In reality, however, it’s skilled eDiscovery negotiation—not trial theatrics—that most often determines...more

IMS Legal Strategies

A Decade of Progress in Trial Technology

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Digital technology is an integral part of today’s legal industry. The last 10 years have been transformative for the practice of law with strides forward in everything from legal research to practice management to trial...more

U.S. Legal Support

Role of a Hot Seat Operator in Trials

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Hot seat operator, trial technician, trial presentation specialist,  courtroom presentation specialist—a rose by any other name is just as critical to helping you gain a winning edge. Today’s trials, whether bench or jury...more

Holland & Knight LLP

Podcast - Impeaching with a Deposition

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more

U.S. Legal Support

Types of Exhibits in Court: An Overview

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In addition to believable witnesses and compelling arguments, evidence is what can help win cases at trial. An item of evidence introduced in a courtroom proceeding is known as an exhibit, and there are several types of...more

EDRM - Electronic Discovery Reference Model

Modern Attachments in M365 eDiscovery: How Much Do They Really Matter? A Practical Assessment of the Significance of Modern...

eDiscovery has seen substantial transformation recently, characterized by the introduction of complex and continuously evolving data types. This shift has been primarily driven by rapid innovations in technology and the...more

IMS Legal Strategies

10 Tips for Preparing Expert Witnesses

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As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more

EDRM - Electronic Discovery Reference Model

An In-Depth Look at the 2022 eDisclosure Systems Buyers Guide

Last week on eDiscovery Today, I covered Andrew Haslam’s annual eDisclosure Systems Buyers Guide, which was published last week on Rob Robinson’s ComplexDiscovery site here. As you can imagine, it’s difficult to cover a...more

Association of Certified E-Discovery...

[Webinar] Now Available At No Cost: Secure, Virtual Trial and Deposition Prep with Storybuilder by Everlaw - January 26th, 1:00 pm...

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Digitally preparing for trial often involves a...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – September 2020

9/1/2020: FedRAMP 3PAOs - Make sure that your CSP is evaluated by a third party assessment organization approved by FedRAMP. 9/2/2020: Courtroom Technology in the District of Minnesota - The ELMO should have a ‘freeze’...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – May 2020

5/1/2020: (California Styling) - The California style is distinguished by enclosing citations in parentheses and putting the venue and year between the case name and reporter cite. 5/2/2020: Predicting the number of top...more

Association of Certified E-Discovery...

Making the Most of Presentation Technology: Software, Equipment, People

Presentation technology is a powerful persuasive tool. Sophisticated demonstratives, deposition video clips and exhibit callout and annotation tools help lawyers advocate more effectively. Moreover, using technology is...more

Association of Certified E-Discovery...

Basics of Presentation Technology for Legal Advocacy

Lawyers use presentation technology to advocate for their clients more effectively and efficiently. Low-cost electronics have brought technology within reach of practically any budget. Technology may now be deployed in every...more

Association of Certified E-Discovery...

[Webinar] How to Collaboratively Craft Narratives and Prepare for Depositions - March 24th, 1:00 pm - 2:00 pm ET

Post-review litigation preparation traditionally occurs over email, with competing versions of outlines sent back and forth until no one is sure what’s the most up to date. Manual drudgery abounds, whether it’s printing out...more

Troutman Pepper Locke

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 3): A Guide To Practicing In The U.S. District...

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A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more

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