Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
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 - Connecting Separate Pieces of Evidence Clearly, Persuasively
5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)
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
Whether we refer to them as “linked documents” or “modern attachments,” gathering the information contained in these files poses an increasing challenge in the ever-evolving e-discovery landscape. I had the privilege of...more
Seven years ago, I wrote an article about what I called the eDiscovery Disconnect—the gap between the work being done on data and the legal strategy that drives discovery. Unfortunately, not much has changed since then, but...more
Are emojis legally binding? Can they be used as evidence in court? The answer is complicated....more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
Whether you're the plaintiff or the defendant, it takes evidence to win court cases. That’s why preserving and protecting relevant information through legal holds is paramount....more
In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more
While most legal professionals are familiar with legal holds, that doesn’t mean they look forward to receiving one. While properly executing a legal hold doesn’t have to be complicated, compliance requires careful planning...more
The rise of electronically stored information (ESI) is both a blessing and a curse for eDiscovery professionals. On one hand, it can be easier to manage and handle digital data than to find yourself buried in paper...more
Whether a property damage loss involves vehicle impact, structural collapse, construction defect, equipment failure, fire or explosion, hail, lightning, storm, animal activity, or water, at some point the expert may need to...more
Wish there was a blueprint for a defensible legal hold process? A preservation playbook is a great place to start! The duty to preserve doesn’t necessarily call for a defined preservation plan, but this one simple action...more
When it comes to a pending litigation, the duty to preserve electronic data is clearly laid out in the Federal Rules of Civil Procedure (FRCP)... But when it comes to the actual process of letting custodians know they need...more
The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more
From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more
In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more
What makes a great legal hold process? We all know that preservation of evidence is the precursor to ediscovery and all ensuing negotiations and court proceedings. But how you recognize and respond to a preservation...more
The success of any eDisclosure project, whether litigation, investigation or regulatory compliance, depends on the story that your data tells and often, how expeditiously you can acquire that data for analysis. Yet forensic...more
Electronically-stored information (ESI) has permeated business processes so completely that electronic discovery has become the norm in litigation and investigations rather than the exception. Although the core principles...more
Times are a-changing! Back in the day (pre-2013), email dominated business communications. It was simply the standard. Fast forward to today, the shift to collaboration applications like Slack, Microsoft Teams, and others has...more