Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
A Less is More Strategy for Data Risk Mitigation
Bar Exam Toolbox Podcast Episode 304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
Bar Exam Toolbox Podcast Episode 303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
Podcast - Think Outside the Script
How Attorneys’ Views on AI Are Impacting eDiscovery
Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
eDiscovery Needs Digital Forensics for a Mobile World
Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025) - Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple...more
On April 21, 2025, Chief Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York issued a memorandum opinion in In re Odebrecht Engenharia e Construção S.A., Case No. 25-10482 (MG), addressing...more
On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS...more
ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more
Analyzing the permissible scope of an injunction under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit reversed the district court’s prohibitions on an open-label extension (OLE) of a then-running...more
The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner,...more
Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more
The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more
On April 18, 2025, the State of Oregon brought a civil enforcement action against Coinbase Global, Inc. (“Coinbase”) for the alleged sale of unregistered securities. In a press release, Oregon Attorney General Dan Rayfield...more
In a matter of first impression, the US Court of Appeals for the Federal Circuit found that inter partes review (IPR) estoppel does not preclude a petitioner from relying on the same patents and printed publications as...more
Picture yourself standing in the middle of a bustling market surrounded by signs and conversations you can’t seem to decipher. If you’ve ever been a foreign country and don’t speak the language, you understand what it’s like...more
In a recent decision, a New Jersey court reaffirmed the Judiciary Branch’s exclusive constitutional authority to regulate the practice of law within the state. The case involved a challenge to the “limited attorney exemption”...more
All too often in litigation, winning a hard‑fought money judgment starts the equally arduous process of attempting to transform the judgment into money. Recovery may be no sure thing, particularly if the losing party...more
Paris has been a leading arbitration hub for decades and French Arbitration law has had a great influence in the development of international arbitration around the world. On 20 March 2025, a working group chaired by...more
On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named...more
This LawFlash details strategic takeaways and practical lessons from the recent US Court of Appeals for the Federal Circuit case on IPR estoppel, evidence of public use, and jury instructions on specific issues....more
If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot...more
In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan...more
After a rollercoaster of activity related to the federal Corporate Transparency Act (CTA), the US Treasury Department (Treasury) announced on March 2 that it will not enforce any penalties or fines associated with beneficial...more
Aggressive litigation adversaries sometimes try to make a discovery sideshow into the main event. A party’s search for responsive documents occasionally triggers such an effort....more
On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more
Earlier this week, Coinbase and its sweepstakes administrator agreed to the terms of a class action settlement in the matter of Suski v. Coinbase, Inc. After nearly four years of litigation, including a trip to the United...more
In its recent decision in Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit affirmed the district court’s decision to allow Ingenico to introduce certain prior art at trial, finding that inter partes review (IPR) estoppel...more
Director of Human Factors, Robert Rauschenberger, PhD, will present a one-hour* course that will cover: - What human factors is, and how it applies to product liability cases - The role of human factors analysis in...more
On May 14, 2025, Texas Governor Greg Abbott signed Senate Bill 29 (SB 29), which had been passed by the Legislature on May 7. The Bill, effective immediately, amends various provisions of the Business Organizations Code to...more
