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
From OCR to AI The Future of Media and Image Analysis in eDiscovery
AI in eDiscovery Today: An Open Conversation
Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more
In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more
After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds...more
Under ss. 31 & 73 of the Arbitration Act, late jurisdictional objections may nonetheless be permissible if a counterparty does not object to the lateness and a tribunal goes on to decide the objection in an award. If a party...more
On November 3, the U.S. District Court for the Northern District of West Virginia certified a class in a class action case alleging a federal credit union charged fees in connection with monthly loan payments that violated...more
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no...more
A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more
U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more
In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more
The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement. Settling “hybrid” cases in the Third Circuit just became easier for parties...more
On September 12, 2025, the Court of Appeals told us to think ahead because you do not get a “do-over” divorce. ...more
William Cowper, in his Eighteenth-Century poem “The Task,” coined the phrase “Variety’s the very spice of life.” Today, this phrase is used in many contexts; albeit not so frequently when discussing service of process under...more
Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University, 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in...more
In a recent decision that reinforces creditor protections against serial bankruptcy filers, the United States Bankruptcy Court for the Eastern District of California granted in rem stay relief under Section 362(d)(4) of the...more
Court: Business and Consumer Court of Maine, Cumberland County - In this matter, Stephan Co. (“Stephan”) filed a motion to dismiss for lack of personal jurisdiction. The plaintiff, Jan Cuthbertson (“Plaintiff”), lives in...more
Future amendments to the Federal Rules of Civil Procedure may make it easier to use remote witness testimony in federal civil trials. The Advisory Committee in charge of proposing Civil Rules amendments recently signaled that...more
The landscape of wage enforcement in California has fundamentally changed with the enactment of Senate Bill 261 (SB 261), a law designed to eliminate the otherwise questionable strategy of ignoring wage judgments. ...more
In a trio of rulings on Nov. 6, 2025, the Federal Circuit delivered a clear message: discretionary denial of Inter Partes Review (IPR) petitions is unreviewable on appeal. The court will not interfere with the U.S. Patent and...more
When discussing complex employment issues, an employer would be wise to take steps to ensure that communication is protected from disclosure and remains confidential, preventing it from becoming discoverable in future...more
On October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern and address whether Pennsylvania’s...more
Litigation today moves fast – and so does data. Legal teams are expected to manage vast and ever-changing volumes of information while maintaining compliance, protecting client confidentiality, and staying ready for whatever...more
In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more
In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential...more
On August 4, 2025, the U.S. District Court for the Southern District of New York granted Metropolitan Commercial Bank’s motion to dismiss a complaint by the plan administrator for the Voyager Wind-Down Debtor for failure to...more