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
Over the summer, we published a Legal Update discussing the Supreme Court’s invitations to the US Solicitor General to file briefs expressing his views on whether to grant the cert petitions in two pending ERISA class actions...more
Recently, three Supreme Court Justices, unsolicited, invited inquiry into the constitutionality of the False Claims Act’s (FCA) qui tam provisions. This inquiry has vast significance. The FCA is the government’s chief weapon...more
A federal court in Kentucky recently granted in part and denied in part a motion to dismiss a distributor’s claims related to its two distribution agreements with hydraulic excavator and shovel manufacturer Hitachi...more
Over the past few decades, the U.S. Supreme Court has issued a series of decisions exploring the scope of the Federal Arbitration Act (FAA). ...more
In Target Insurance Company Limited v Nerico Brothers Limited & Lee Cheuk Fung Jerff (2025) HKCA 1024, the Hong Kong Court of Appeal has handed down its Reasons for Judgment clarifying when a director may be made personally...more
Edwards v. GigaAcquisitions2, LLC, C.A. No. 2024-0591-LWW (Del. Ch. July 25, 2025) - The Court of Chancery dismissed at the pleading stage a claim by former members of a now-bankrupt health care company (the “Company”)...more
A federal court in New Mexico denied a supplier’s motion to transfer venue after finding that a forum selection clause was invalid under New Mexico law. Rawson Inc. v. Associated Materials, LLC, 2025 WL 137811 (D.N.M. Sept....more
The Tennessee Supreme Court recently rejected a manufacturer’s effort to set aside a $900,000 jury verdict for a former distributor’s shareholders for want of standing and jurisdiction. Houghton v. Malibu Boats, LLC, 2025 WL...more
On December 9, 2025, the California Court of Appeal, Third Appellate District, issued a published decision in Sierra Pacific Industries Wage and Hour Cases, affirming the trial court’s denial of Sierra Pacific Industries’...more
In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh...more
On December 12, 2025, the U.S. Court of Appeals for the Eleventh Circuit is scheduled to hear oral arguments in Zafirov v. Florida Medical Associates LLC, No. 24-13581, a case that squarely presents the question of the...more
Recently, we covered some changes to the cases that the Business Court takes on. Given those changes, it seems like a good time to review the Business Court more broadly and the process for getting your case before it....more
According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) rose by double digits while litigation under Telephone Consumer Protection Act...more
On November 25, 2025, the New York Court of Appeals—the highest court in the state of New York—issued a decision in Article 13, LLC v. LaSalle National Bank Association, holding that New York’s Foreclosure Abuse Prevention...more
November 2025 was another slow month for arbitration related opinions in the Fifth Circuit. The highlight of the month is the Eastern District of Texas’ review of the Federal Arbitration Act’s residual transportation worker...more
Enacted in May 2023, the updated Nigerian Arbitration and Mediation Act ("Act") included what is widely viewed as a novel concept in international arbitration: the use of Award Review Tribunals ("ARTs"). This feature, as...more
In the recent case of King Crude Carriers SA & Ors v Ridgebury November LLC & Ors the UK Supreme Court focuses on an esoteric point of law as to the true meaning of a case called Mackay v Dick, decided in 1818, in Scotland....more
Under Article 235 of the PRC Civil Procedure Law (2023 revision), an obligation under a qualifying instrument (such as a guarantee contract) may be made enforceable via notarisation instead of proceeding through litigation...more
Trial lawyers often talk about preservation as if it were the entire universe of appellate risk. Preservation is essential, of course, but it is only the floor. In practice, many technically preserved issues still fail on...more
The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a...more
G. Gordon Liddy, convicted of several criminal charges for his role in the Watergate scandal, made the statement that “obviously crime pays, or there’d be no crime.” John Maynard Keynes, economist and philosopher, further...more
On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking process...more
On December 9, 2025, the Solicitor General (“SG”), on behalf of the United States Department of Labor (“DOL”) and the United States Department of Justice (“DOJ”), filed briefs with the Supreme Court in two high-profile ERISA...more
Solak v. Daniels, C.A. No. 2024-0857-MTZ (Del. Ch. July 11, 2025) - The Court of Chancery converted the parties’ cross motions for judgment on the pleadings into motions for summary judgment to consider whether the...more
In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more