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
Storytelling in Closing Arguments
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Podcast - Refresh vs. Impeach: Know the Difference
At least five lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more
In this week’s Film Room, we get you up to speed on action this past week in the following cases: - State of Tennessee, et al. v. NCAA - House - Johnson State of Tennessee, et al. v. NCAA - On March 21, 2025, the...more
The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more
Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more
The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more
Tax developments - Actavis and deductible expenses - On March 21, 2025, the Court of Appeals for the Federal Circuit released a decision in Actavis Laboratories FL, Inc. v. United States, holding that taxpayers could...more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more
This interim final rule, released on March 21, 2025, means that only foreign entities registered to do business in the United States will still need to meet the CTA’s reporting requirements. Originally enacted to increase...more
On March 26, 2025, the Financial Crimes Enforcement Network (“FinCEN”), a division of the United States Department of the Treasury, published in the Federal Register an interim final rule that substantially narrows the...more
The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more
Document collection and production now involves more than just sending opposing counsel emails. As business communication has evolved, so has the need for producing from various and evolving streams of communication. Text...more
The increasing sophistication of digital manipulation and AI-generated content has brought a new challenge to eDiscovery and legal professionals: fake evidence. From deepfakes and shallow fakes to fabricated emails, text...more
On March 26, 2025, the USPTO issued the attached memo titled “Interim Processes for PTAB Workload Management,” which significantly alters the pre-institution briefing procedure for IPRs and PGRs. Under the Interim Process,...more
In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more
The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more
For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more
The Corporate Transparency Act (together with its implementing regulations, the CTA) is a federal law that went into effect on January 1, 2024. The CTA is aimed at combating financial crimes such as money laundering,...more
On March 21, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule to the U.S. Corporate Transparency Act (“CTA”) that eliminates beneficial ownership...more
This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more
On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more
Montes v. Universal Property & Casualty Insurance Co., Fla. 2d DCA, No. 2D2023-1200, February 12, 2025 - The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance...more
A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more
The Supreme Court decided two cases today, continuing the release of opinions on which the Court is not deeply divided. The tougher ones are yet to come....more
What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...more
In Citizens Ins. Co. of Am., et al. v. Augusta Chiller Service, Inc., et al., the Southern District of Georgia granted insurers' motions for summary judgment in part on their duty to defend under a primary and excess policy...more
