Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Law School Toolbox Podcast Episode 281: Listen and Learn -- Character Evidence
Bar Exam Toolbox Podcast Episode 121: Listen and Learn -- Character Evidence
Law School Toolbox Podcast Episode 259: Listen and Learn -- Relevance in Evidence
When scientific evidence is in play, it is often assumed that the most frequently cited articles are published in the most elite journals. However, this is not necessarily true. A journal is ranked according to its impact...more
Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more
At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more
As California begins preparing to ease shelter-in-place restrictions, the state’s technology industry is facing the most challenging economic circumstances in recent memory. The state’s technology companies may place new...more
While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more
Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic...more
Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more
The Internet Archive’s Wayback Machine archives copies of websites every few weeks or months, going back to 1996. The Wayback Machine currently has almost 500 billion archived webpages. By entering a website into the Wayback...more
The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action...more
In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update addresses a number of the issues and concerns raised in the public comments to the...more