The Modern Discovery Traps that Are Upending Cases
Podcast - Telling the Whole Story
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
Key Takeaways: The Supreme Court heard oral arguments in First Choice Women’s Resource Centers v. Platkin, Docket No. 24-781, on December 2, 2025, concerning the administrative subpoena sent by the New Jersey Attorney...more
On December 1, 2025, Judge Denise Cote of the U.S. District Court for the Southern District of New York issued a decision striking an “opt-out” third-party release and corresponding injunction from a chapter 11 plan. In re...more
This month's Friday Five explores the plaintiff's burden of establishing a continuing disability, when state law claims are expressly preempted by ERISA, and the reasonableness of an administrator's interpretation of a...more
On October 3, 2025, in In re FirstEnergy Corp., the U.S. Court of Appeals for the Sixth Circuit vacated a district court order that, if permitted to stand, would have required wholesale production of materials generated in an...more
On December 1, 2025, Judge Denise Cote of the U.S. District Court for the Southern District of New York reversed confirmation of Brazilian airline Gol Linhas Aéreas Inteligentes S.A.’s chapter 11 plan, striking the plan’s...more
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer was not liable as garnishee in a claimant’s proceeding to collect a default judgment against an...more
We focus a lot at the blog on ways in which the Business Court sets the boundaries for conduct of business within the State to provide a more settled landscape for companies to assess risks and opportunities. There are...more
District courts are split on whether a complaint can provide the required knowledge for post-suit indirect and willful infringement in that same lawsuit. Chief Judge Connolly in the District of Delaware recently confirmed...more
What began as a high-asset marital dissolution between John and Laura Overdeck has transformed into a wide-ranging challenge to modern trust planning and the professionals who support it....more
Harmless error is one of the most frequently invoked doctrines in appellate law—and one of the least scrutinized. It was designed as a tool of restraint, preventing new trials for inconsequential mistakes....more
With the refinement of China’s antitrust legislation and a growing public awareness of rights protection, the number of civil lawsuits related to monopolistic conduct has steadily increased in recent years in China....more
Generative AI (AI) is creating exciting opportunities in the realm of complex litigation and expert witness preparation. The technology offers meaningful value that ultimately allows experts to focus their time on high-level...more
Repeat litigator Nathan Barton is feeling quite strong and good today. He just nicked a TCPA defendant for nearly $131k on a default basis– in a claim involving 77 allegedly unwanted calls....more
Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has been fully administered and the case is closed. In In re Congoleum Corp., 149...more
Kilpatrick’s Chris Bussert recently joined a panel discussing “Ethical Considerations in IP Investigations: Balancing Effectiveness and Integrity” at the 2025 INTA Leadership Meeting. The panel examined ethical challenges...more
What are the most important eDiscovery case law rulings of 2025? In our December 2025 EDRM monthly webinar of cases covered by the eDiscovery Today blog, we will revisit several of the great cases we’ve discussed this year,...more
On December 1, 2025, Federal Rule of Civil Procedure 16.1 took effect, providing judges a roadmap for initial case management of multidistrict litigation ("MDLs") and paving the way for early challenges to meritless claims....more
DUKE UNIVERSITY, ALLERGAN SALES, LLC v. SANDOZ INC. [OPINION] (2024-2078, 11/18/2025) (Dyk, Stoll, Stark) - Stark, J. The Federal Circuit found a patent claim invalid because the patent lacked written description support...more
In recent years, it has become increasingly common for plaintiffs to sue anonymously—while at the same time identifying the defendant(s) by name as well as their alleged acts often in lurid and excruciating detail. A...more
The UK government’s consultation on implementing the Singapore Convention on Mediation (the Convention) is a welcome and overdue step after the UK signed the Convention in May 2023. Once ratified in the UK, parties will be...more
Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories —fantastic narratives in which we...more
In recent years, you may have seen an apocryphal quote that says something like: “There are decades when nothing happens, and years when decades happen.” For the legal frameworks that matter to D&O litigation risk—federal...more
The COFC ruling upholding the U.S. Marine Corps’ disqualification decision has significant implications for government contractors. The recent decision by the U.S. Court of Federal Claims (COFC) in Marathon Targets serves as...more
As we previously reported here and here, a recent litigation trend against 401(k) plan sponsors concerns participant claims alleging that the use of plan forfeitures to offset future employer contributions results in a breach...more
In a recent decision, Brewer v. Turner, et al., Chancellor Kathaleen McCormick largely denied Regions Financial Corporation’s (“Regions”) motion to dismiss a shareholder derivative action, which sought to recover $191...more
