Podcast - "Ready for Trial?"
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
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
Last week’s Privilege Point described a court’s review of a lawyer’s conversation with a witness and its conclusion that none of the conversation deserved the heightened opinion work product protection. LaBudde v. Phoenix...more
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...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 January 19-25. Here’s what’s...more
Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more
A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more
In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more
Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more
Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more
The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more
Whether voluntarily or as required by the International Safety Management Code, the American Waterways Operators’ (“AWO”) Responsible Carrier Program, or some other rule or regulation, investigations of accidents and...more