Podcast - Reading the Room
The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office
Building a Quantifiable Business Case for AI in Corporate Legal Departments
Identifying Good and Bad Use Cases for AI for Law Firms
AI's Impact on Litigation
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
Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed...more
Key Takeaways: The Federal Circuit held that general disclosure of any part of a compound may be insufficient to support a priority date for a specific species within the genus....more
The Department of Justice recently announced, “[i]n the first [criminal] prosecution of its kind,” that husband and wife owners of wound graft companies were sentenced to 14.5 and 15 years imprisonment respectively for...more
On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more
On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a...more
Two January 2026 decisions from the US Court of Appeals for the Ninth Circuit confirm that copyright infringement requires substantial similarity in protectable expression, proven through both extrinsic and intrinsic tests....more
Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over. The real fight now is sharper—and it’s what makes the Carvana decision a must read: Originally Published...more
We continue to watch closely for a pronouncement from the U.S. Supreme Court on the lawfulness of the fentanyl trafficking-related and global reciprocal tariffs imposed under the International Emergency Economic Powers Act...more
The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more
MICRON TECHNOLOGY INC. v. LONGHORN IP LLC - Before Lourie, Schall, and Stoll. Appeal from the United States District Court for the District of Idaho. Immediate appellate review may be unavailable for interlocutory bond orders...more
The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more
A recent Alberta Court of Appeal decision offers a clear reminder that in family property disputes, procedural risk can be just as determinative as the underlying legal issues. While the ruling arises from Alberta, its...more
On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party...more
This case addresses whether the district court abused its discretion in awarding attorneys’ fees to Google under 35 U.S.C. § 285 after deeming EscapeX’s suit “exceptional,” denying EscapeX’s Rule 59(e) motion to amend the fee...more
Recent changes to how the U.S. Postal Service determines postmark dates introduce new timing risks for contracts, filings, and payments that rely on postmark-based deadlines. Companies should review their contracts and...more
The Lanham Act establishes several grounds for businesses to pursue litigation against competitors and other parties that are misusing their trademarks and engaging in other forms of false and misleading advertising. When a...more
In Rodriguez v. City of Los Angeles, 116 Cal.App.5th 488 (2025), the Second District Court of Appeal held that a recorded density bonus agreement requiring long-term affordable housing survives a foreclosure sale. The court’s...more
Petitioners were not “successful parties” entitled to attorneys’ fees under Code of Civil Procedure 1021.5 after the Legislature abrogated their legal victories by statute and the Supreme Court reversed the judgment. Make UC...more
Businesses across all industries continue to face an onslaught of class action lawsuits asserting novel liability theories under the California Invasion of Privacy Act (CIPA) in connection with the use of cookies, pixels, and...more
Mediation is a proven means of resolving disputes efficiently and cost-effectively. Yet it is important to recognize that mediation takes time. Lawyers often tell me they think mediation doesn’t really get started until 3:00...more
Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings, aiming to address longstanding challenges in the...more
If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more
For any foreign (i.e. non-U.S.) companies out there that think you can blast American consumers with SMS messages or phone calls and escape liability, you better listen up....more
California and New York recently enacted legislation aimed at prohibiting certain contract terms that impose financial obligations on workers if their work relationship terminates....more
In 2025, the Eastern District of Virginia (“EDVA”) remained one of the fastest federal trial courts in the country while simultaneously handing some of the most complex civil litigation nationwide....more
