Federal Rules of Civil Procedure, Ethics

New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

Zuckerman Spaeder LLP on 1/15/2025

A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Improper Coaching in Remote Depositions

Conn Kavanaugh on 10/19/2023

“He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . . or Michael’s judgment.” Fans of the NBC sitcom, the Office, might...more

Bullying and Legal Ethics: A Warning from Singh v Braich

Dickinson Wright on 10/18/2023

In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides...more

Keeping Deposition Transcripts Confidential in the Internet Age

Esquire Deposition Solutions, LLC on 9/1/2023

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more

Attorneys’ Professional Duty of Care When Representing Clients in Litigation or an Investigation Requires Higher Technological...

BakerHostetler on 6/14/2017

The legal practice and technology go hand in hand, and a solid understanding of technology is crucial to satisfy the ethical duties owed by attorneys to their clients. In an opinion published on Feb. 21, the New York County...more

What Level of Litigation "Anticipation" Triggers Work Product Protection?

McGuireWoods LLP on 10/8/2015

One of the great ironies of work product protection involves federal courts' widely varying interpretation of the single sentence codifying the Federal Rules' work product protection. Fed. R. Civ. P. 26(b)(3)(A). Among many...more