Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
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
In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more
In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more
On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an opinion that vacates the 2024 final rule that enhanced privacy protections for protected health information (PHI) related to reproductive...more
Recently, the U.S. District Court for the Northern District of California in the case of San Francisco AIDS Foundation v. Trump temporarily halted enforcement of parts of the diversity, equity and inclusion and “gender...more
Since the passage of Senate Bill 328, there has been a movement calling on Illinois Governor Pritzker to veto Senate Bill 328. Advocates for the veto include the American Tort Reform Association, the American Property...more
On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
Court: Court of Appeals of North Carolina - Decedent Tommy Lineberger was employed as a truck driver with defendants Carolina Freight Carriers Corp. and ABF Freight System Inc. from 1971 to 1999. In 2016, Mr. Lineberger was...more
Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more
In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more
Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more
Two recent Supreme Court matters signal major implications for government contractors. First, the Supreme Court will review whether government contractors can appeal a denial of a sovereign immunity defense in lawsuits...more
On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more
On June 16, the U.S. Supreme Court denied a bank holding company’s petition for certiorari after the Tenth Circuit upheld summary judgment in a bank receivership matter that was granted by a lower court in favor of the State...more
On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more
The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more
The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more
Regeneron declines to make higher bid for 23andMe after Wojcicki's $305 million offer | Reuters - 23andMe founder Anne Wojcicki’s bid, submitted through a nonprofit she controls, remains unchallenged, setting her up to...more
The California Energy Commission (“CEC”) and Stanley Black & Decker, Inc. (“Black & Decker”) entered into a May 21st Settlement Agreement and Release (“Agreement”) addressing alleged violations of the California Appliance...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 8-14. Here’s what’s...more
The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more
Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv...more
On June 17, 2025, the Delaware Supreme Court reversed a post-trial finding of aiding and abetting liability against a third-party arm’s-length buyer. In doing so, the court built upon another recent decision and reaffirmed...more