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Evidence Litigation Strategies

Bennett Jones LLP

Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

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In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more

Maison Law

How Traffic Camera Evidence is Changing Accident Litigation in California

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The use of traffic camera evidence is increasingly changing accident cases in California. While witness testimony can be helpful, it’s not always reliable. And some witnesses may not want to testify. The emergence of traffic...more

Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Maison Law

The Role of Expert Witnesses in Car Accident Litigation

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Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Art & Science of Getting the ‘Technical Translation’ Right

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When it comes to eDiscovery, term translation isn't just about converting words from one language into another. It's a highly specialized process that requires a nuanced understanding of both linguistics and technical search...more

U.S. Legal Support

Best Practices for Using Trial Technology

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Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more

Array

This Week in eDiscovery: ESI Protocol Stops “Dump Truck” Production | Modern Attachment Challenges and Solutions

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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 April 13-19. Here’s what’s...more

JAMS

Writing Persuasive Closing Briefs

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11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

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Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

Miles Mediation & Arbitration

Mastering Virtual Questions: Practical Tips for Successful Remote Depositions

Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more

Offit Kurman

Challenging a Custody Decision in South Carolina: Understanding the Family Court Appeals Process

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The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Array

First Look Agreements: A Strategic Solution for Discovery Disputes

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Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more

Maison Law

Why You Shouldn't Wait to File a Personal Injury Claim after a California Car Accident

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Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

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Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

Gardner Law

What's on File Could Be on Trial - Mastering Documentation Risk

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Every document your employees create—emails, text messages, meeting notes, voicemails—has the potential to become critical evidence in litigation. In today’s legal environment, even casual communications can expose your...more

Stark & Stark

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

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In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

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Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

CloudNine

Exploring the Future of Legal Innovation at The Masters Conference: Thought Leadership in D.C. and Social Media in Discovery and...

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On Thursday, April 10, 2025, legal and technology professionals gathered at Arnold & Porter in Washington, D.C. for an inspiring day of discussion, collaboration, and community during The Masters Conference Thought Leadership...more

EDRM - Electronic Discovery Reference Model

[Webinar] A Winning Story: How to Use Technology to Build and Present a Compelling Case - April 29th, 12:00 pm - 1:00 pm CT

Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more

Stark & Stark

How to Present Your Story in Divorce Court: Evidence Strategies

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Divorce and family law proceedings can be emotionally charged and legally complex, particularly when disputes arise over issues such as property division, child custody, spousal support, or allegations of misconduct....more

Array

This Week in eDiscovery: Why You Should Meet and Confer in Good Faith | Upcoming eDiscovery Webinar

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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 March 30-April 5. Here’s what’s...more

JUSTICENTER

How Hard Is It To Win a Personal Injury Lawsuit?

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Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical...more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

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The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Maison Law

Do You Need a Lawyer After a Slip and Fall Injury?

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The legal system can be complex, but an experienced lawyer can help you navigate it after a slip and fall injury. They can provide valuable insight and guide you through the process should you decide to officially pursue...more

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