AI in eDiscovery Today: An Open Conversation
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
A Less is More Strategy for Data Risk Mitigation
Bar Exam Toolbox Podcast Episode 304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)
All in the Family: What’s Next for Cloud Attachments in eDiscovery?
The US Court of Appeals for the Fifth Circuit upheld a district court’s summary judgment decision that a co-owner of a trademark cannot bring infringement or dilution claims under the Lanham Act against other co-owners or...more
Addressing the intersection of a trust beneficiary’s rights to royalties and an heir’s copyright termination rights under 17 U.S.C. § 203, the US Court of Appeals for the Sixth Circuit affirmed the district court’s order...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an...more
Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more
Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to...more
On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more
A recent Privilege Point described a New York federal court’s rejection of the “functional equivalent” doctrine — under which a nonemployee can be treated as an employee for privilege purposes. More recently, a New York State...more
California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more
You’ve navigated the complexities of litigation, meticulously built your case, and ultimately secured a judgment. The sense of victory is palpable, and you hold in your hand that seemingly definitive court order. However,...more
In a landmark decision with far-reaching implications for private equity-backed ventures and minority investors in Delaware limited liability companies, the Delaware Court of Chancery dismissed a lawsuit brought by former...more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more
On July 9, 2025, the Italian Supreme Court issued a significant judgment (No. 25167/2025) concerning liability for fraudulent tax return filing through the use of invoices for non-existent transactions (Article 2 of...more
Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more
On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more
On June 6, 2025, U.S. District Judge Claudia Wilken approved a settlement allowing NCAA schools to pay student-athletes in an agreement now simply known as The House Settlement. The House Settlement directly resolved...more
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more
As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more
Property insurers are often frustrated when damage occurs due to the actions of others, especially when a governmental agency is at fault. In the Lone Star State, the Texas Tort Claim Act (TTCA) establishes that these...more
[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more
Parkin v. Avis Rent A Car Sys. LLC et al., 22-CV-05481, 2025 WL 484588 (D.N.J. Feb. 13, 2025) - The class action plaintiffs alleged that they purchased Supplemental Liability Insurance, which they claim the defendants...more
There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more
Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more
On July 9, 2025, Judge J. Paul Oetken (S.D.N.Y) found that collateral estoppel barred plaintiff Linfo IP, LLC from relitigating the validity of its asserted patent and dismissed Linfo’s infringement claims against Aero...more
This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first “fair value” appraisal claim under section 106...more
It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more
