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?
Bar Exam Toolbox Podcast Episode 303: Listen and Learn -- Injunctions and Restraining Orders (Civ Pro)
Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
Podcast - Think Outside the Script
Welcome to our latest update, in which we cover: Pensions Regulator (TPR): completing the jigsaw A blog from TPR welcoming the opportunities presented by the Pension Schemes Bill; Pensions Ombudsman (PO): Operating Model...more
On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc....more
It’s important to balance innovation in AI-driven processes with the human element to ensure a defensible approach to litigation that also maximizes the protection of sensitive data. We use the analogy of chess vs. checkers...more
The Federal Circuit recently clarified in Ingenico Inc. v. IOENGINE, LLC that inter partes review (IPR) estoppel does not extend to physical systems described in prior art patents or printed publications....more
In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet...more
A federal district court recently enforced a forum selection clause in National Equipment Dealers, LLC v. IROCK Crushers LLC, transferring the case to Ohio and confirming the enforceability of venue clauses in commercial...more
Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more
Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of...more
Reality television fans are familiar with the trappings of the celebrity lifestyle: jet-setting from home to home, enjoying luxury retail, and traveling in private planes and yachts, all while posting it on social media. Even...more
On June 10, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a putative class action asserting claims under the Securities Act of 1933 against a real estate syndicator, one of its executives, and...more
On June 3, 2025, Judge Jacqueline S. Corley of the Northern District of California granted in part a motion to dismiss a putative securities class action brought against a medical devices company (the “Company”), its CEO, and...more
This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more
The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more...more
This article explores the enduring underuse of mediation in civil and commercial disputes across the European Union (EU) and U.K., a phenomenon known as the "mediation paradox." Despite decades of policy support and legal...more
On June 3, 2025, Vice Chancellor Lori W. Will of the Delaware Court of Chancery granted in part and denied in part respective cross-motions for summary judgment in a dispute between a Bitcoin mining company (the “Buyer”) and...more
“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more
The global class action landscape continues to evolve. There are more collective actions across Europe than ever before, and the implementation of the EU Directive on "Representative actions for the protection of the...more
AT A GLANCE - It’s fair say that class actions have been virtually nonexistent under French law so far. The Act of April 30, 2025 (the “DDADUE” law)—which transposes into French law the European Directive 2020/1828 on...more
On May 23, 2025, a panel for the United States Court of Appeals for the Ninth Circuit addressed the application of the “unclean hands” doctrine to antitrust standing. PharmacyChecker.com LLC v. LegitScript LLC, No. 24-2697...more
One of the mandates of the Class Action Fairness Act (CAFA) of 2005 was to provide greater visibility into settlements with the goal of generating more transparency on how these settlements affect class members, according to...more
A former University of Michigan assistant football coach accused of hacking the personal information and intimate photos of thousands of students has asked a Michigan federal judge to set aside a default entry against him,...more
Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that unilateral assertion is not industry standard, the IPR...more
Five months ago, we reported about a class action lawsuit against an artificial intelligence (AI) company that engages workers to perform data labeling and content creation and classifies them as independent contractors (ICs)...more
On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more
The Supreme Court of the United States granted certiorari in two cases today: First Choice Women’s Resource Centers, Inc. v. Platkin, No. 24-781: This case concerns the appropriate forum for raising constitutional...more