The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office
Building a Quantifiable Business Case for AI in Corporate Legal Departments
Identifying Good and Bad Use Cases for AI for Law Firms
AI's Impact on Litigation
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
In a move designed to restore certainty and competitiveness, the UK government has announced plans to reverse the decision of the Supreme Court in PACCAR and to introduce regulation of third-party litigation funding. This...more
For plaintiffs and defendants alike, there is a strong temptation to include and keep all claims in one lawsuit. After all, the likely alternative is litigating multiple lawsuits, either at once or serially. Practitioners,...more
U.S. Eleventh Circuit Court of Appeals - AB v. Barrow - insurance, notice, 58-month delay - Athos Overseas v. YouTube - copyright infringement, DMCA, safe harbor - USA v. Barry - sentencing, credit card fraud - ...more
In recent years, defendants in data breach class action lawsuits filed in the state courts in North Carolina have succeeded in designating these disputes to the North Carolina Business Court. The Business Court has accepted...more
During a flurry of end-of-year 2025 bill signings, Governor Kathy Hochul approved A5480C/S4914B, amending New York’s Shield Law (Shield Law) – a 2023 law intended to protect patients who receive and health care professionals...more
On January 9, 2026, the Supreme Court of the United States issued one decision: Bowe v. United States, No. 24-5438: This case interprets provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”)...more
The US Court of Appeals for the Fifth Circuit on December 9, 2025 reversed and remanded a decision from the US District Court for the Northern District of Texas that had vacated a 2023 federal regulation that threatened to...more
Recently, a Kentucky resident filed a class action complaint in the U.S. District Court for the Western District of Kentucky, alleging that a group of lenders issued illegal high-interest loans to Kentucky residents in...more
On December 19, the governor of New York signed into law an act to amend the general business law, establishing a right of action for claims arising out of coerced debts. ...more
On December 29, 2025, Chief Judge Lance Walker of the U.S. District Court for the District of Maine granted the plaintiffs’ motion for a preliminary injunction in American Hospital Association v. Kennedy. The court enjoined...more
Key Takeaways - Federal courts in 2025 raised the bar on who can bring FCA cases and when, strictly enforcing government dismissal authority, the first-to-file rule, and the public disclosure/original source bar — meaning...more
1. Industrial Accident Board grants continuance but suspends temporary total disability benefits pending rescheduled hearing - Fortt v. Delaware Brick Company, IAB No. 1542958 (Dec. 12, 2024) - The claimant was injured in...more
This month's Friday Five highlights recent decisions addressing the scope of permissible discovery outside of the administrative record, the admissibility of certain evidence in an LTD benefits termination trial, the role...more
1. Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance - Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301...more
“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to...more
In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon...more
ditor’s Note: The past year marked an inflection point for eDiscovery. Courts confronted their first wave of AI-generated content disputes, sharpened expectations around validation and privilege, and revisited long-standing...more
A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot be used as an automatic “get-out-of-court-free” card at the...more
Elizabeth Guthrie, Brett Burney, eLaw Evangelist of EDRM Trusted Partner Nextpoint, and Tom O’Connor, Director of the Gulf Coast Legal Technology Center, sit down with EDRM’s Mary Mack and Holley Robinson. In this episode,...more
There is no doubt that artificial intelligence now offers a powerful upside for high-level legal work. Since the widespread availability of generative AI, legal scholars, technologists, and product developers have...more
AI has made it easier than ever to fabricate convincing documents, images, audio, and video which is creating a new generation of evidence that can mislead courts, opposing counsel, and clients....more
The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. The ERISA Litigation Update gathers notable developments in this space, including important court...more
On December 15, 2025, the Eleventh Circuit Court of Appeals joined several circuit courts in refusing to enforce arbitration agreements that purport to waive plan-wide relief available under the Employee Retirement Income...more
Interesting one from this December. In Bell v. Hawx 2025 WL 3677347 (E.D. Cal. Dec. 18, 2025) a defendant’s motion to dismiss had been granted because the plaintiff had failed to allege sufficient facts about the calls at...more
