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
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
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule...more
Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under...more
Kerns v. Hale et al., Slip Copy, 2024 WL 275413 - The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor...more
Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more
On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more
California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more
On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more
Supreme Court of New York, New York County - Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to...more
The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the...more
On Nov. 13, the U.S. Supreme Court heard oral argument in Nvidia Corp. v. E. Ohman J:or Fonder AB, which has been widely followed given its potential impact on motions to dismiss in securities class actions. After oral...more
Here’s a welcome development: The state of Maryland has embarked on a pilot program to test out the effects of expanded voir dire. In many parts of the country (looking at you, Arizona) the ability of litigants to explore and...more
A recent ruling in California’s Second District Court of Appeal has reaffirmed the importance of having employees sign comprehensive arbitration agreements. In Rodriguez v. Lawrence Equipment, Inc., 2024 WL 4719479, —...more
When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more
On November 26, 2024, the Ohio Supreme Court issued an extremely favorable decision for employers on the potential defenses to the payment of TTD compensation. This case is important because it is the first time the Ohio...more
Washington-state based franchisees Greg and Gabriela Skistimas brought suit against Hotworx Franchising LLC in the U.S. District Court for the Western District of Washington alleging misleading and unfair practices related to...more
Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...more
Under California Penal Code Section 496(a) a person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or...more
Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more
In a recent decision dated 29 October 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 735 of 2024 (Commercial) confirmed that a unilateral (or asymmetric) arbitration agreement—an agreement which provides...more
Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients. The duty of confidentiality. The duty of loyalty. The duty to disclose. And, greatest of all, the duty to...more
It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am...more
The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more
Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more
In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more
In a previous blog post we considered an unsuccessful application to strike out a claim for alleged breaches of the UK GDPR, on the grounds that the claim was – in substance – a defamation claim. That application was...more