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
The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark...more
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more
Drue Moore was co-founder of a company at the center of today’s high-finance college coaching carousel. Defendant Winthrop Intelligence, LLC used public records to aggregate university data, including coaching salaries, and...more
Many legal professionals talk about the challenge of collecting linked documents, but there are historical preservation challenges as well. Preserving linked documents may require ensuring that the content remains unchanged...more
In the ongoing debate over the legality of training large language models (LLMs) on copyrighted materials, recent summary judgment wins for defendants in Bartz v. Anthropic and Kadrey v. Meta have attracted significant...more
Parties to construction contracts sometimes will agree to onerous provisions, despite their inclination to object to them, with the thought of “how likely is that to occur?” Three recent court decisions highlight why parties...more
On December 1, 2025, new Federal Rule of Civil Procedure 16.1 took effect, addressing a gap in the Federal Rules concerning how multidistrict litigation (MDL) should commence following consolidation. MDL is a procedural...more
Disclosing privileged or work product-protected communications to a third party can risk a waiver of those communications’ protections. In some circumstances, such a disclosure can trigger a more frightening subject matter...more
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