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IMS Legal Strategies

Pitfalls to Avoid When Hiring Jury Consulting Firms

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Engaging a jury consulting firm can materially shape the trajectory and outcome of your case. The right team brings not only insight into juror decision-making, but also discipline around strategy, sequencing, and execution....more

Vedder

Second Circuit Joins Growing Majority In Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

Vedder on

On May 4, 2026, the U.S. Court of Appeals for the Second Circuit joined a growing majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective...more

Dickinson Wright

D.C. Circuit Rejects Proposed Expansion of Associational Standing

Dickinson Wright on

On May 1, 2026, the D.C. Circuit issued its decision in Public Employees for Environmental Responsibility v. Zeldin, clarifying the limits of associational standing, and rejecting a proposed expansion that would have blurred...more

Esquire Deposition Solutions, LLC

Federal Committee to Weigh Permitting Depositions in Criminal Cases

Federal criminal rules experts may soon begin studying something the federal criminal system has resisted for more than 80 years: allow parties to take pretrial depositions in criminal cases. A proposal to do just that landed...more

Charles E. Rounds, Jr. - Suffolk University...

Fiduciary malpractice in the coordinated drafting of trust instruments for married couples: When equity’s restitution for unjust...

The lawyer-agent owes an equity-based fiduciary duty of undivided loyalty to the client-principal. Incidents of that overarching duty are the sub-duties of confidentiality and full disclosure. Assume a lawyer proposes to...more

Best Best & Krieger LLP

When Summary Proceedings Are Not So Summary: Practical Options Amid California Unlawful Detainer Delays

California’s unlawful detainer process is described as a “summary” proceeding. A defendant has just 10 business days to respond to an action for eviction and the trial is supposed to be held within 20 days of a request....more

Miles Mediation & Arbitration

[Webinar] Best Practices Series Seminar (93rd) - June 10th, 9:00 am - 5:00 pm CDT

Topics include: - Public Interest Law - The MMPA: Pleadings, Practices & Pitfalls - Bad Faith Insurance Risk: Case Law Update - Effective Use of Electronically Stored Information During Trial - Creativity and...more

Kennedys

Lease v license: the importance of a holistic approach to interpretation

Kennedys on

A court wrongly decided that a residential occupier of 26 years (“Ms H”) was a contractual licensee and issued a possession order against her on this basis. With bailiffs looming, the Kennedys’ real estate and construction...more

Chartwell Law

When Inattention Bars Recovery and Why Daniel v. Rick’s Barbeque Matters for Tennessee Premises Liability Law

Chartwell Law on

The Tennessee Court of Appeals’ recent decision in Margaret Daniel et al. v. Rick’s Barbeque, Inc., et al. serves as a reminder that some premises liability claims can, and should, be resolved as a matter of law. In affirming...more

Goodwin

Access to UK Company Privileged Documents by Former Directors

Goodwin on

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents in circumstances in which she was...more

Foley & Lardner LLP

Check the Arbitral Organization’s Rules Before Agreeing to Arbitrate

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Whether to select arbitration as a dispute resolution mechanism is an important decision when entering into a contract. Deciding whether arbitration should be administered by an organization such as the American Arbitration...more

Purpose Legal

Generative AI in eDiscovery Review – Do the Right Thing and Prove It

Purpose Legal on

Last month, the Sedona Conference Working Group 13 Annual Meeting and the ASU Arkfeld Conference on eDiscovery, Law, and Technology each offered a thoughtful look at AI’s evolution in the legal profession. Where it stands...more

King & Spalding

DOJ Announces Fraud Initiative Focused on Data Miners

King & Spalding on

On April 30, 2026,the Department of Justice (DOJ) announced the Fraud Oversight through Careful Use of Statistics (FOCUS) initiative, a new program designed to improve the Department’s ability to prioritize and partner with...more

King & Spalding

Saudi Arabia's New Enforcement Law: Key Changes and Practical Implications

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On 3/11/1447H (corresponding to 20/04/2026G), the Kingdom of Saudi Arabia enacted a new Enforcement Law (the “New Enforcement Law”). The new law replaces in its entirety the previous Enforcement Law, and repeals all...more

DLA Piper

DOJ launches FOCUS initiative to triage data miners filing qui tam FCA complaints: Key takeaways

DLA Piper on

The United States Department of Justice (DOJ) recently announced the Fraud Oversight through Careful Use of Statistics (FOCUS) initiative – a new program designed to formalize and prioritize the Civil Division’s engagement...more

HaystackID

A New eDiscovery Frontier: AI-Related Restrictions in Protective Orders

HaystackID on

Editor’s Note: As artificial intelligence continues to reshape the practice of civil litigation, courts are increasingly confronting questions about how discovery materials should be handled when AI tools are involved. What...more

Seyfarth Shaw LLP

Second Circuit Restricts Nationwide FLSA Collective Actions

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The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state or consents to the suit in that venue. In a significant...more

McGinnis Lochridge

The Eason Report: Discoverability of AI Chats

McGinnis Lochridge on

By now, most attorneys have certainly seen how AI can supplement one’s practice in any number of ways. But, what happens when AI is used against you? One trend I've encountered with striking regularity, sometimes daily, is...more

Cranfill Sumner LLP

Court of Appeals Clarifies Limits of Legislative Immunity at Rule 12 Stage

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In Holsey-Hyman v. Edens (N.C. Ct. App. Apr. 15, 2026), the North Carolina Court of Appeals addressed the boundary between protected legislative acts and unprotected administrative or political conduct by local officials....more

Marshall Dennehey

Claim for Bad Faith Against Insurance Company Dismissed When a Reasonable Basis for Denying Payment Exists

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SEKLE WISSEH, Plaintiff, v. PROGRESSIVE DIRECT INSURANCE COMPANY, Defendant, Slip Copy, 2026 WL 736762. On March 15, 2025, Sekle Wisseh was struck and injured by another car while at a red light in Philadelphia. He sought...more

Gray Reed

U. S. Supreme Court Deals Setback to Louisiana Coastal Wetlands Suits

Gray Reed on

You might know Plaquemines Parish, Louisiana, for ’60’s political boss-segregationist Leander Perez. or maybe for its role in launching Huey Long’s political career after the New Orleans city fathers blew a hole in the levee...more

Saul Ewing LLP

DOJ’s New FOCUS Initiative Solicits More Qui Tam Filings by Sophisticated “Data Miners” Who Mine Publicly Available Data— What It...

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Overview - On April 30, 2026, the U.S. Department of Justice (“DOJ,” or the “Department”) Civil Division announced the Fraud Oversight through Careful Use of Statistics (“FOCUS”) initiative to improve the quality of referrals...more

Marshall Dennehey

Pennsylvania Superior Court Refines Co-Employee Immunity

Marshall Dennehey on

Brown v. Gaydos, 2026 WL 450635 (Pa. February 18, 2026) - In this matter, the plaintiff was seriously injured while operating a skid steer. The skid steer was owned by the defendant personally, but was loaned to the...more

Foley Hoag LLP

The DTSA Turns Ten: What a Decade of Litigation Tells Us

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May 11, 2026 marks the tenth anniversary of the Defend Trade Secrets Act. The DTSA created a federal civil cause of action for trade secret misappropriation, giving companies across the country a powerful new tool to protect...more

Patton Sullivan Brodehl LLP

Court Overturns $14 Million Judgment Because of Last-Minute Expert Witness Ambush [Sullivan’s Take]

At one time or another every trial lawyer has or will encounter the frustrating circumstances of an attempted sandbag on the eve of trial.  ...more

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