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
The UK government’s consultation on implementing the Singapore Convention on Mediation (the Convention) is a welcome and overdue step after the UK signed the Convention in May 2023. Once ratified in the UK, parties will be...more
Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories —fantastic narratives in which we...more
In recent years, you may have seen an apocryphal quote that says something like: “There are decades when nothing happens, and years when decades happen.” For the legal frameworks that matter to D&O litigation risk—federal...more
The COFC ruling upholding the U.S. Marine Corps’ disqualification decision has significant implications for government contractors. The recent decision by the U.S. Court of Federal Claims (COFC) in Marathon Targets serves as...more
As we previously reported here and here, a recent litigation trend against 401(k) plan sponsors concerns participant claims alleging that the use of plan forfeitures to offset future employer contributions results in a breach...more
In a recent decision, Brewer v. Turner, et al., Chancellor Kathaleen McCormick largely denied Regions Financial Corporation’s (“Regions”) motion to dismiss a shareholder derivative action, which sought to recover $191...more
This is the second part of a three-part series of tech tips on Slack as ESI. When Slack is a key platform for evidence for your case, making sure what the parties agree to is a key element to include in an ESI protocol....more
Few principles more clearly define who controls a lawsuit than the party presentation principle: courts decide cases on arguments presented by the parties, not arguments the court wishes the parties would have brought....more
The US Court of Appeals for the Federal Circuit affirmed attorneys’ fees awards against EscapeX IP, LLC, finding the case “exceptional” under 35 U.S.C. § 285, and upheld sanctions under 28 U.S.C. § 1927 based on counsel’s...more
In a recent development involving the landmark settlement between the New Jersey Department of Environmental Protection (NJDEP) and 3M, a New Jersey county has asked to be excluded from the settlement, stating it intends to...more
Every litigation attorney knows Federal Rule of Civil Procedure 15(a) requires courts to “freely give leave” to amend pleadings “when justice so requires.” It’s drilled into us in law school and repeated in countless court...more
The number of private prosecutions in the UK has skyrocketed in the past decade, increasing the risk of costly legal proceedings for companies and individuals alike. A new High Court judgment may put a dampener on things. ...more
Background- SpineFrontier, Inc. was a medical device company that paid a consulting fee to physicians who used the company’s products. The government charged the company and its two executives with violations of the...more
On November 26, 2025, a New York federal judge granted Amazon’s bid for a preliminary injunction barring the enforcement of recent amendments to the Empire State’s State Employment Relations Act (“SERA”) that would have...more
The United States Supreme Court (SCOTUS) has granted review of Watson v. Republican National Committee, No. 24-1260, a case stemming from Mississippi that examines the interaction between federal election-day statutes and...more
On October 3, 2025, in a highly anticipated ruling in In re First Energy Corp. No. 24-3654 (6th Cir. Oct. 3, 2025), the Sixth Circuit granted a mandamus petition and vacated a lower court order that FirstEnergy, an Ohio-based...more
The 2025 Texas legislative session introduced significant reforms impacting business litigation, corporate governance, and court procedures statewide. From expanding the Texas Business Court’s jurisdiction to updating the...more
Introduction - Nationwide injunctions - Comparing the June 27, 2025 Supreme Court Trump v. CASA decision to a Seventh Circuit decision in Spring, 2025, Republic v. BBK underscores the distinction between the...more
The Misunderstanding Nobody Wants to Admit - Here’s a truth we don’t talk about enough in the legal world: eDiscovery is frequently misunderstood, even by the people who live closest to it....more
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer.The case, which arose from claims...more
In a judgment handed down on 25 November 2025, the English Commercial Court (the Court) considered an application for an anti-suit injunction (ASI), preventing the defendant from pursuing foreclosure proceedings in Russia...more
On November 19, 2025, the California Court of Appeal, First Appellate District, issued a published decision in Dobarro v. Kim, affirming the trial court’s dismissal for untimeliness of an employer’s appeal from a Labor...more
Email used to be predictable. You collected the mailbox, and you received the message and its attachments as a clean parent–child family. Modern collaboration has changed that....more
Just a fascinating one for you. So a couple years back basically all 50 states–Alaska and South Dakota did not originally sue, but the FCC and the AG for DC did, and then South Dakota did eventually– sued a guy named Michael...more
The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be...more
