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
In our first installment, we discussed the general changes to the Private Attorneys General Act (PAGA) that took effect in June 2024. We noted that these changes lowered penalties and allowed companies a longer horizon to...more
When it comes to False Claims Act (FCA) litigation, clinical laboratories often find themselves in the crosshairs. But the First Circuit’s decision in United States ex rel. Omni Healthcare v. MD Labs offers a strong reminder:...more
In this episode, the thirty-fifth in a series, Nate Latessa, Chief Revenue Officer and Vice President of Advisory Services for EDRM Trusted Partner HaystackID, sits down with EDRM’s Mary Mack and Holley Robinson to update us...more
The challenge to the OSH Act by two produce associations has the potential to reshape the future of workplace safety regulation and again test the outer limits of congressional delegation to administrative agencies....more
In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the...more
Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court. In response to this order, opponents of non-stenographic...more
The answer is “Popcorned Planet, Inc., moves to quash a subpoena for documents served by Blake Lively, who responds in opposition.” Popcorned Planet, Inc. v. Lively, 2025 WL 3458601 (M.D. Fl. Dec. 2, 2025)....more
As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s (CIT) decision upholding the Section 301 China tariffs imposed during President...more
The Provincial Court of British Columbia has released its 2024-25 Annual Report, providing new insight into how separating families are resolving disputes across the province. The Provincial Court’s data reflect a clear and...more
Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage. How times have changed. Now, information resides in an...more
In the November edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff is choking on the splinters,...more
While we U.S. Supreme Court practitioners and observers await decisions in several already-argued cases of great significance regarding the separation of powers and executive authority, the Court this morning issued a per...more
Strict compliance with contractual conditions precedent, yea or nay? In New York, it depends. Now, the general rule is that strict compliance with contractual conditions precedent is required....more
With the Supreme Court of the United States’s decision to grant certiorari in Jules v. Andre Balazs Properties, the upcoming case challenging the scope of federal-court jurisdiction to confirm or vacate arbitration awards,...more
Finding that OpenAI waived attorney-client privilege in multidistrict litigation over copyright infringement claims, district court grants plaintiffs’ motion to compel OpenAI to produce communications with in-house counsel...more
On November 20, the Supreme Court of Illinois issued an opinion holding that plaintiffs seeking statutory damages under the federal FCRA, including claims under the Fair and Accurate Credit Transactions Act (FACTA), must...more
On November 26, the Trump administration and the union representing CFPB employees both replied to the U.S. District Court for the District of Columbia’s order to identify which provisions of the court’s original preliminary...more
The legal intersection of music, poetry, and defamation presents a fascinating landscape where creativity collides with reputational interests. The recent decision in Graham v. UMG Recordings, Inc.—filed by Canadian rapper...more
Just before Thanksgiving, the Eighth Circuit reversed a district court’s decision that certified a Missouri class of consumers that purchased Folgers’ coffee products. The proposed class alleged that Folgers misled them...more
In Century Surety Co. v. EC & SM Guerra, LLC, 5:23-CV-01215-XR-RBF, 2025 WL 2602288 (W.D. Tex. Aug. 21, 2025) aff’2025 WL 2598375 (Sept. 5, 2025), the United States District Court for the Western District of Texas reaffirmed...more
The senior partner sat in his office late on a Thursday evening, staring at a motion filed by opposing counsel. They had identified contradictions across seventeen depositions—patterns his 40-person review team had missed...more
The new consent to jurisdiction statute for toxic torts, SB 328, is raising the stakes for life sciences, chemical, and other companies. SB 328 loosens the jurisdictional requirements in Illinois and paves the way for other...more
Magna-D Glob. Healthcare No. 1 Private Equity Fund v. CoImmune, Inc., C.A. No. 2024-0456-SEM (Del. Ch. June 3, 2025) (report granting fee-shifting) - Magna-D Global Healthcare No. 1 Private Equity Fund v. Coimmune, Inc.,...more
If after decades of advising retirement-plans I learned one thing, it’s this: The law doesn’t reward you for almost doing everything right — it rewards you for doing it right, and documenting you did it. So when I read the...more
In a recent decision, the British Columbia Court of Appeal provided important clarification regarding the deadlines for filing appeals of arbitral awards under the Arbitration Act, SBC 2020, c 2. The Court determined that the...more