Podcast - The Basic Rules for Closing Argument
Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more
Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more
When it comes to discovery of mobile devices, it’s not just the data that’s important for discovery, but also the data about the data – the metadata – that can be used to authenticate evidence, to determine whether the data...more
In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more
The Second Circuit has upheld a lower court’s decision that musician Ed Sheeren didn’t infringe the copyright for Marvin Gaye’s 1973 song “Let’s Get It On.” In 2014, Defendants-Appellees Ed Sheeran and Amy Wadge wrote the...more
U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy,...more
This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value...more
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more
The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more
The Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association hosted a very special guest speaker at its final meeting of 2024: The Honorable Timothy S. Driscoll from the...more
When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are “unavailing.” ...more
Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more
Advancements in technology are revolutionizing the way legal cases are presented in Florida’s courtrooms, particularly in personal injury and accident-related claims. One of the most powerful tools emerging in this field is...more
Minnesota Rule of Civil Procedure 30.02 has been amended to expressly authorize parties to conduct depositions via remote technology and require a party seeking to take a deposition to elect between deposing in-person or...more
Kilpatrick partners John Alemanni and Justin Krieger recently presented a CLE addressing “Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal).”...more
U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more
Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more
Earlier this year, the Fourth District Court of Appeal decided Audish v. Macias. This groundbreaking case builds upon the foundation started in Howell v. Hamilton Meats & Provision, Inc. by clarifying the application of the...more
U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more
In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their...more
While record retrieval may sound like a straightforward task, legal professionals know it’s a complex, time-consuming process involving multiple entities, layers of rules and regulations, and security concerns (which...more
MIRROR WORLDS TECHS., LLC v. META PLATFORMS, INC. - Before Prost, Taranto, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: Expert testimony that is conclusory,...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more
On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from discovery the file the...more
In Taylor v. Google LLC, 2024 WL 4947270 (N.D. Cal. Dec. 3, 2024), the court held that “plaintiffs have not shown a specific deficiency in Google’s document production or a factual basis to believe that Mr. Boyer’s (or anyone...more