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
On June 27, 2024, the Supreme Court of the United States issued its decision in SEC v. Jarkesy, holding that the Securities and Exchange Commission (“SEC”) must prosecute securities fraud before a federal court whenever it...more
On April 18, 2024, the U.S. Department of Health and Human Services (HHS) Health Resources and Services Administration (HRSA) released a new Final Rule for its oft-criticized 340B Administrative Dispute Resolution (ADR)...more
Disputes between 340B Drug Pricing Program-covered entities and the drug manufacturers required to sell outpatient drugs to those entities at discounted prices will be governed by an alternative dispute resolution (ADR)...more
The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents...more
Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more
The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that...more
In the beginning, there was paper. And lots of it. Seriously warehouses stacked with banker’s boxes as far as the eye could see. And the Federal Rules of Civil Procedure were designed to support paper discovery in the...more
The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more
A sometimes-overlooked aspect of class action law is how class certification rules interact with the Rules Enabling Act, which provides that rules of procedure and evidence “shall not abridge, enlarge or modify any...more
On November 29, 2022, the Health Resources and Services Administration (HRSA) issued a proposed rule (Proposed Rule) to revise the alternative dispute resolution (ADR) procedures for disputes arising under the 340B drug...more
Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing...more
We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more
It’s almost a pop-culture cliche: someone is facing challenges and not getting immediate results, to which a more experienced person says, “Trust the process.” But often lurking deep in the origin of a cliche is a kernel...more
The COVID-19 pandemic’s impact continues to send ripples into an ever-evolving court system as the quarantines and lockdowns endure. The early days of the pandemic halted hearings and stayed cases, but after almost a year of...more
A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...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
When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more
Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more
Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more
A Federal Court judge recently told me that when he asked the lawyer about the ESI (Electronically Stored Information) in his matter, the lawyer replied there wasn’t any. When the judge asked if there were going to be any...more
Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more
Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To...more
On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more
Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more