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
In the recent case of King Crude Carriers SA & Ors v Ridgebury November LLC & Ors the UK Supreme Court focuses on an esoteric point of law as to the true meaning of a case called Mackay v Dick, decided in 1818, in Scotland....more
Under Article 235 of the PRC Civil Procedure Law (2023 revision), an obligation under a qualifying instrument (such as a guarantee contract) may be made enforceable via notarisation instead of proceeding through litigation...more
Trial lawyers often talk about preservation as if it were the entire universe of appellate risk. Preservation is essential, of course, but it is only the floor. In practice, many technically preserved issues still fail on...more
The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a...more
G. Gordon Liddy, convicted of several criminal charges for his role in the Watergate scandal, made the statement that “obviously crime pays, or there’d be no crime.” John Maynard Keynes, economist and philosopher, further...more
On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking process...more
On December 9, 2025, the Solicitor General (“SG”), on behalf of the United States Department of Labor (“DOL”) and the United States Department of Justice (“DOJ”), filed briefs with the Supreme Court in two high-profile ERISA...more
Solak v. Daniels, C.A. No. 2024-0857-MTZ (Del. Ch. July 11, 2025) - The Court of Chancery converted the parties’ cross motions for judgment on the pleadings into motions for summary judgment to consider whether the...more
In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more
Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of...more
Over the past decade, and especially in the years leading up to 2025, Australian businesses have increasingly turned to Alternative Dispute Resolution (ADR) to resolve commercial disagreements. What used to be seen as an...more
Although the window for filing lawsuits under the Child Victims Act (CVA) closed over four years ago, thousands of cases remain pending in courts throughout New York State....more
On November 21, 2025, Governor Kathy Hochul signed into law a measure that quietly but powerfully reshapes civil practice in New York. The amendment to CPLR Rule 2106 allows any person, wherever they may be, to affirm the...more
The Eleventh Circuit has further downplayed the importance of the lock-step McDonnell Douglas framework for evaluating summary judgment in employment discrimination and retaliation claims, in its latest decision in Ismael v....more
The Virginia Court of Appeals recently ruled that a lawsuit seeking to remove a trustee does not trigger a no contest clause. This decision is both valuable and timely, as it clarifies what many attorneys in Virginia have...more
Serious accidents at construction sites, industrial factories, manufacturing facilities, refineries, and power plants are among the leading causes of catastrophic workplace injuries in the United States....more
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