Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Two recent decisions from the British Columbia Court of Appeal, Kroeger v. Bush Estate, 2026 BCCA 16, and Lewis v. Jack, 2026 BCCA 18, provide timely guidance on two recurring pressure points in estate law: the validity of a...more
Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more
Odds are, you’ve caught yourself doing it: you see something so outrageous online that it couldn’t possibly be true (could it?), and your gut reaction is to brush it off as a product of artificial intelligence. Heightened...more
This blog provides an update on the ongoing litigation involving Blake Lively and Justin Baldoni. If the original blog explored how this case began, this chapter is about what it has become....more
In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more
U.S. Eleventh Circuit Court of Appeals - USA v. Day - sentencing - Mullin v. Dep’t of Vet Affairs - employment, Rehabilitation Act - Mukhina v. Walmart - employment, Title VII, evidence, remedy exhaustion...more
The Third Circuit in Jorjani v. NJIT, et al., just issued a precedential opinion last week on private professor speech that further refines what evidence is needed to show disruption....more
The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more
In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more
A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more
In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the...more
Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more
In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a...more
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
WilmerHale partners say the evidentiary standards that in-house agency courts use are more relaxed than the Federal Rules of Evidence, leading to questions of fundamental fairness in the results. Congress should change this,...more
Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing Relevance -- specifically, multiple uses for the same evidence, conditional relevance, and stipulations. In this...more
You represent the unsecured creditors committee in a complex Chapter 11 case, where you have reason to believe that the debtor’s officers and directors have, and continue to, engage in self-dealing and are breaching their...more
A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more
New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more
The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more
The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to learn how to remain compliant. This...more