The "Lesser-Included" Email Debate: What Does Rule 34 Really Require for Production?
Trust Is Key
The Presumption of Innocence Podcast: Episode 72 - Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections
Curtailing Civil RICO: The Rise and Fall of Securities Fraud Claims Under the PSLRA — RICO Report Podcast
Podcast - Part II: Recent Changes in Jury Dynamics and How to Prepare Your Expert Accordingly
Podcast - Miss Lillian "Testifies": The Importance of Witness Preparation
The Presumption of Innocence Podcast: Episode 70 - Fireside Chat With Rachel Barkow and Casey Michel
Key Discovery Points: Think About Who Has Control Over a Hyperlinked File
Podcast - Bad Facts Make Bad Law
High Crimes and Misdemeanors: Unruly Passengers – How a Bad Flight Could Ruin Your Travel Future
How to Handle Service of Process Effectively
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line
Solicitors General Insights: The Art of Oral Advocacy With Michigan and New Jersey — Regulatory Oversight Podcast
HHS Policy Changes, Supreme Court Rulings, and the DOJ-HHS False Claims Act Working Group
A Good Lickin'
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
From OCR to AI The Future of Media and Image Analysis in eDiscovery
AI in eDiscovery Today: An Open Conversation
A federal court in California recently found that releases executed by former distributors were unenforceable and therefore denied a summary judgment motion filed by distributors Earthgrains Distribution, LLC and Bimbo...more
On October 30, 2025, Chief Judge Richard Seeborg of the United States District Court of the Northern District of California granted a motion to dismiss a putative securities class action alleging a biopharmaceutical company...more
Assume trustee of an irrevocable inter vivos trust leases entrusted land to an entity that employs the trustee. All rents properly accrue to the trust estate. The beneficiaries assert, however, that the trustee may have...more
The Hon. Lewis J. Leman of the Southern District of New York recently reaffirmed the court’s finding that there was probable cause to believe that the plaintiff in Eletson Holdings v. Levona Holdings committed fraud by...more
On November 3, 2025, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal with prejudice of an action under the False Claims Act (“FCA”) against an inpatient-rehabilitation facility. See United...more
The Federal Circuit’s latest ruling in In re Motorola Solutions, Inc. solidifies the discretionary authority of the USPTO director over inter partes review institution decisions, underscores the limited scope of judicial...more
The Alabama Supreme Court issued its weekly release list on Friday, November 7, which included one opinion of interest to the Alabama business community...more
The Texas Business Court continues to show it will enforce statutory limits on entity liability and scrutinize early pleadings under Rule 91a. Judge Brian Stagner’s opinion in Lensabl hits three issues that frequently arise:...more
For many legal teams, spreadsheets have long been a go-to tool for tracking information. They’re familiar, flexible, readily accessible, and easily shared across teams. But when it comes to legal hold, relying solely on...more
In Brown v. Old Navy, LLC, 567 P.3d 38 (Wash. 2025), the Washington Supreme Court recently interpreted the state’s Commercial Electronic Mail Act to prohibit any false or misleading information in the subject line of a...more
Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) - In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense,...more
This month’s Friday Five covers recent decisions on supplementation of the administrative record, offset of dependent benefits, full and fair review of claim for benefits, and timing of benefits determination, as well as an...more
Co-Author Max McCastlain The Court of Appeals of Louisiana in a November 3rd Opinion addressed issues arising out of a community organization’s petition to intervene in an action involving an air permit appeal. See Clean...more
California's new AB 250 reopens the door for time-barred sexual assault claims, giving plaintiffs a two-year window starting Jan. 1, 2026, to revive old cases -- exposing private employers (but not public entities) to renewed...more
On May 21, 2025, the North Carolina Court of Appeals filed its decision in Nelson v. Smith, No. COA 24-646 (2025). The plaintiff in the case was an employee of Cortech Solutions, Inc. There was allegedly extensive...more
A recent Missouri Court of Appeals decision provides helpful precedent for liability insurers facing legacy environmental claims and class actions. The court strictly construed the policy period, concluding that claims based...more
District court denies motion to dismiss plaintiffs’ claim of direct copyright infringement based on AI outputs, holding that plaintiffs adequately pled that defendant OpenAI actually copied plaintiffs’ text and that...more
Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more
The US District Court for the Northern District of California recently held that an insurer had a duty to defend an online therapy company in a privacy class action, rejecting arguments that “related acts” and “prior...more
In defamation action brought against Netflix based on documentary stating that plaintiff was involved in the sexual assault and abuse of a former employee, California appeals court affirms striking of complaint because...more
A personal injury claim refers to a legal action brought by someone who has suffered an injury caused by another's negligence, recklessness, or willful misconduct. A large number of California's roughly 50,000 Homeowners...more
When a class action settlement is objected to and subsequently approved by the court, objectors sometimes appeal, which can substantially delay the settlement process including distribution of settlement funds to class...more
In Summer 2025, the U.S. Court of Appeals for the Sixth Circuit issued a strongly worded decision in In Re: FirstEnergy Corporation (No. 24-3654)—confirming the core concept that internal investigations conducted by counsel...more
Artificial intelligence is no longer an emerging concept in e-discovery—it’s a working reality. Every day, legal and compliance teams are using AI to search smarter, classify faster, and review with greater precision. Yet...more
Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more