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
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
In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more
After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds...more
Under ss. 31 & 73 of the Arbitration Act, late jurisdictional objections may nonetheless be permissible if a counterparty does not object to the lateness and a tribunal goes on to decide the objection in an award. If a party...more
On November 3, the U.S. District Court for the Northern District of West Virginia certified a class in a class action case alleging a federal credit union charged fees in connection with monthly loan payments that violated...more
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no...more
A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more
U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more
In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more
The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement. Settling “hybrid” cases in the Third Circuit just became easier for parties...more
On September 12, 2025, the Court of Appeals told us to think ahead because you do not get a “do-over” divorce. ...more