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 landscape surrounding Colorado’s healthcare malpractice damage caps continues to shift. Earlier this year, the Colorado General Assembly enacted wholesale changes to the Health Care Availability Act (HCAA). These changes...more
If 2025 saw an increase in New York courts’ willingness to favorably consider whether deadlock between members is, standing alone, sufficient grounds for judicial dissolution of LLCs (see here, here), it’s only natural to...more
Last week, Massachusetts’ Supreme Judicial Court delved into a case with potentially national implications: should Meta platforms face a lawsuit alleging that Instagram’s design illegally hooks kids with addictive features?...more
In a historic legal outcome, the national trial firm Robins Kaplan LLP announced it has secured a $5 million compensatory jury verdict on behalf of a survivor of child sexual abuse, T.M., against the Order of St. Benedict of...more
On December 9, 2025, District Judge Eric Komitee (E.D.N.Y.) denied Defendant Bemmo, Inc.’s (Bemmo) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), finding Plaintiff The Ridge Wallet, LLC (Ridge Wallet) pled...more
Oral argument occupies a privileged place in appellate mythology. It is often described as the moment when judges engage counsel, probe weaknesses, and decide close cases. In modern appellate practice, however, that...more
A key question in class certification decisions in the United States is whether class-wide evidence can be used to determine whether the challenged conduct resulted in harm to all or almost all proposed class members....more
Friday, the Eleventh Circuit heard oral argument in a closely watched appeal concerning whether the qui tam provisions of the False Claims Act (“FCA”) are constitutional....more
Rule 45(c) of the Federal Rules of Civil Procedure protects witnesses from being compelled to travel long distances to testify at trial by placing geographical limits on the court’s subpoena power....more
The U.S. District Court for the Northern District of California recently certified a narrow damages class under ERISA and RICO in L.D. v. United Behavioral Health, a case involving allegations of inflated balance-billing...more
Your batch of chocolate chip cookies won’t turn out very good if you think someone is telling you to add flower instead of flour. Homonyms—words that sound or look the same but have different meanings—can cause trouble when...more
Three New York 3rd Dept. workers’ compensation cases dropped last week: Fuller-Astarita. A bus driver’s assistant was hit by a bus owned by her employer....more
The Alabama Supreme Court issued its weekly release list on Friday, December 12, which included the following opinions of interest to the Alabama business community...more
Understanding the Link Between Depo-Provera and Meningioma - In recent years, several major medical studies have identified a potential association between the Depo-Provera birth control shot and the development of meningioma...more
The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic...more
In a seminal decision, the Illinois Supreme Court held that a plaintiff lacked standing to bring a FACTA violation claim because she did not raise concrete harm in her pleadings. The plaintiff in Fausett v. Walgreen Company...more
U.S. Eleventh Circuit Court of Appeals - Settle v. Collier - § 1983, qualified immunity - Fairfield So v. OWC - Black Lung Benefits, statutory interpretation, underground mine - USA v. Cremades - drug distribution,...more
Los Angeles has claimed the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” The Report claims that “lawsuit abuse in Los Angeles . . . has propelled the jurisdiction to the very...more
In a 2022 decision, Badgerow v. Walters, the U.S. Supreme Court held that under Sections 9 and 10 of the Federal Arbitration Act (FAA), a federal court may exercise jurisdiction over post-award motions to confirm or vacate...more
The United States Environmental Protection Agency (“EPA”) issued a December 5th memorandum titled: Reinforcing a “Compliance First” Orientation for Compliance Assurance in Civil Enforcement Activities (“Memorandum”)....more
Recently, the Ninth Circuit Court of Appeals held that tribal officials could not claim sovereign immunity or qualified immunity from potential liability for failure to remit taxes on cigarette sales to the State of...more
Over the summer, we published a Legal Update discussing the Supreme Court’s invitations to the US Solicitor General to file briefs expressing his views on whether to grant the cert petitions in two pending ERISA class actions...more
Recently, three Supreme Court Justices, unsolicited, invited inquiry into the constitutionality of the False Claims Act’s (FCA) qui tam provisions. This inquiry has vast significance. The FCA is the government’s chief weapon...more
A federal court in Kentucky recently granted in part and denied in part a motion to dismiss a distributor’s claims related to its two distribution agreements with hydraulic excavator and shovel manufacturer Hitachi...more
Over the past few decades, the U.S. Supreme Court has issued a series of decisions exploring the scope of the Federal Arbitration Act (FAA). ...more
