Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Podcast - Refresh vs. Impeach: Know the Difference
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
Cross-Examination: The Three C’s of Impeachment
To Unlock AI’s Power, Think Predictive to Generative
Podcast - Cross-Examination: The Importance of Organization
Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
The "Why" of Cross-Examination
Bar Exam Toolbox Podcast Episode 262: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman | Texas Appellate Law Podcast
Effective Trial Language Part 3: Jargon
Law School Toolbox Podcast Episode 435: Listen and Learn -- Amendments to Pleadings (Civ Pro)
Business Disputes: Key Canadian Rulings of 2023
Mass Torts vs. Class Actions: A Tale of Two Strategies
Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...more
With the digital realm increasingly shaping both our personal and professional lives, the rise of electronic evidence in legal cases was inevitable. But as technology advances, so do the methods for creating fake digital...more
FTX creditors will make money on bankruptcy: $1.19 for every dollar | CNBC - Delaware bankruptcy Judge John Dorsey approved failed cryptocurrency exchange FTX’s reorganization plan which involves paying over $14 billion to...more
Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking damages due to climate change caused by greenhouse gas emissions. These claims are based...more
Your doorbell rings and you open the door only to find a process server or sheriff handing you court papers. You’ve been served. Though there may be many thoughts running through your mind in this moment, it is best to stay...more
I think it’s fair to say that Commercial Division judges have little time for discovery disputes. If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more
In its recent decision in Agudas Chasidei Chabad of United States v. Russian Federation, the US Court of Appeals for the DC Circuit clarified the rules surrounding the “expropriation exception” to sovereign immunity under the...more
We think Lone Pine orders are pretty fair. Lone Pine orders are case management orders that require plaintiffs in multidistrict litigation (MDL) to produce specific evidence without which the plaintiffs cannot make a prima...more
A tool long-favored by the plaintiffs' bar to extract big judgments and settlements from individuals and companies – the False Claims Act (FCA) – which allows individual whistleblowers to pursue alleged civil wrongdoers in...more
In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more
The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more
This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the insurance policies purchased by fossil fuel companies in Hawaii would not provide...more
As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held that a plaintiff cannot be compelled to...more
Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court,...more
Last week, the Supreme Court accepted review of Ames v. Ohio Department of Youth Services. The court will address a circuit split regarding the standard courts apply in discrimination claims brought by majority group...more
On September 30, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as...more
Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more
In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more
On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established...more
On September 30, 2024, the District Court for the Eastern District of New York denied dismissal of plaintiff-tenant’s claim against her landlord’s counsel for abusive collection practices in violations of the Fair Debt...more
The new Supreme Court term has just begun, and already the justices have agreed to hear a case with implications for employers across the United States. Ames v. Ohio Department of Youth Services involves a heterosexual...more
On September 30, 2024, a federal district court in Florida held the qui tam enforcement provision of the False Claims Act (“FCA”), which permits private citizens to pursue actions in the name of and on behalf of the...more
The Supreme Court of the State of Hawaii (“Hawaiian Court”) addressed in an October 7th Opinion an insurance coverage issue arising in a climate litigation matter. See Aloha Petroleum, Ltd. vs. National Union Fire Insurance...more
The health care industry is anxiously awaiting the First Circuit’s ruling on the standard of causation for actions brought under the False Claims Act (FCA) predicated on a federal Anti-Kickback Statute (AKS) violation. The...more
