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
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
When it comes to False Claims Act (FCA) litigation, clinical laboratories often find themselves in the crosshairs. But the First Circuit’s decision in United States ex rel. Omni Healthcare v. MD Labs offers a strong reminder:...more
In this episode, the thirty-fifth in a series, Nate Latessa, Chief Revenue Officer and Vice President of Advisory Services for EDRM Trusted Partner HaystackID, sits down with EDRM’s Mary Mack and Holley Robinson to update us...more
The challenge to the OSH Act by two produce associations has the potential to reshape the future of workplace safety regulation and again test the outer limits of congressional delegation to administrative agencies....more
In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the...more
Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court. In response to this order, opponents of non-stenographic...more
The answer is “Popcorned Planet, Inc., moves to quash a subpoena for documents served by Blake Lively, who responds in opposition.” Popcorned Planet, Inc. v. Lively, 2025 WL 3458601 (M.D. Fl. Dec. 2, 2025)....more
As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s (CIT) decision upholding the Section 301 China tariffs imposed during President...more
The Provincial Court of British Columbia has released its 2024-25 Annual Report, providing new insight into how separating families are resolving disputes across the province. The Provincial Court’s data reflect a clear and...more
Discovery used to be pretty straightforward. Most of the data legal teams needed lived on email servers or shared drives, making it easy to find and manage. How times have changed. Now, information resides in an...more
