News & Analysis as of

Federal Rules of Civil Procedure First Amendment

EDRM - Electronic Discovery Reference Model

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media.  Wenzler unsuccessfully asserted...more

Esquire Deposition Solutions, LLC

AI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more

Verrill

"The Irony": Can attorneys trust experts in the age of AI?

Verrill on

In 2023, a new law went into effect in Minnesota to regulate the use of deep fake technology to influence elections. In 2024, Christopher Kohls, a YouTube personality known as “Mr Reagan,” and Rep. Mary Franson of the...more

Dorsey & Whitney LLP

The Supreme Court Update - January 27, 2025

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On January 24, 2025, the Court granted certiorari in three cases: Oklahoma Statewide Charter School Board v. Drummond, St. Isidore of Seville Catholic Virtual School v. Drummond, Nos. 24-394, 24-396: These consolidated...more

Zuckerman Spaeder LLP

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

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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

Carlton Fields

The SEC’s Compulsory Practice of Restraining Free Speech: “You Signed It, So Live With It!”

Carlton Fields on

Since 1972, the SEC has prohibited defendants who settle civil enforcement actions with the SEC without admitting or denying wrongdoing from later publicly “denying the allegations in the complaint” filed against them. The...more

Epiq

Five Noteworthy 2020 eDiscovery Cases

Epiq on

As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how...more

Goodwin

TCPA’s Constitutionality Under the First Amendment Poised For Supreme Court Intervention

Goodwin on

On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more

Womble Bond Dickinson

Stay Imminent?: District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s...

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Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth...more

Dorsey & Whitney LLP

The Supreme Court - June 14, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., No. 16-1220: Petitioner Animal Science Products and other U.S.-based purchasers of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

Blank Rome LLP

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

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One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

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