Law School Toolbox Podcast Episode 539: Listen and Learn -- Impeachment (Part 1)
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Law School Toolbox Podcast Episode 281: Listen and Learn -- Character Evidence
Bar Exam Toolbox Podcast Episode 121: Listen and Learn -- Character Evidence
Law School Toolbox Podcast Episode 259: Listen and Learn -- Relevance in Evidence
On May 11, 2026, the US Court of Appeals for the Federal Circuit issued a precedential decision in Bissell, Inc. v. International Trade Commission, affirming the ITC’s final determination in Investigation No. 337-TA-1304,...more
AI‑generated outputs and digital media are moving from business tools to courtroom exhibits. As their use expands, the federal rulemaking process governing the Federal Rules of Evidence is increasingly focused on a central...more
The Atlanta Bar Association Litigation Section hosted a May 8, 2026, panel discussion examining how artificial intelligence is beginning to challenge traditional assumptions about authenticity, reliability, admissibility, and...more
Rule 404(b) of the Federal Rules of Evidence has long served as a gatekeeping mechanism in criminal and civil trials, barring parties from using evidence of prior conduct to argue that a person acted in conformity with a...more
Take a moment, close your eyes, and imagine this: You have just been selected to serve on a jury. You begrudgingly enter the courtroom, take your seat in the jury box, and begin watching the persuasive battle unfold....more
As lawyers’ AI use dramatically expands, courts have begun to address both types of evidentiary protections for AI-related communications and results. Popular public AI service providers’ ugly disclaimers of confidentiality...more
Two recent federal cases, Warner v. Gilbarco, Inc., No. (E.D. Mich. Feb. 10, 2026), and United States v. Bradley Heppner, No. 1:25-cr-00503-JSR (S.D.N.Y. Feb. 17, 2026), provide further clarity on how the attorney-client...more
Artificial intelligence (AI) has become a part of nearly every industry, and the legal field is no exception. More specifically, AI-generated evidence is constantly evolving, and it is important for attorneys to keep learning...more
Health care litigation is often inherently complex, regardless of the nature of the health care dispute. Whether the audience is a jury, judge, or arbitrator (or other tribunal) a case may require explanation of technical...more
In Burnley v. Valentin, 2026 WL 767145 (E.D. Va. Mar. 18, 2026), the proponent of an audio recording survived a challenge that it was a deepfake. Burnley involved two motions to enforce settlement agreements....more
The Federal Circuit’s en banc decision in EcoFactor, Inc. v. Google LLC, 137 F.4th 1333 (Fed. Cir. 2025), clarified the admissibility standard for patent damages expert testimony under Federal Rule of Evidence 702....more
At the Westminster Legal Policy Forum's 26 February 2026 conference on AI in the justice system, much of the discussion focused on reform at system level – reducing delay, improving digital infrastructure, widening access to...more
The US Court of Appeals for the Federal Circuit affirmed a damages verdict amounting to tens of millions of dollars. The Court found that the patentee’s damages expert correctly apportioned value to the patented feature and...more
In Qasim v. Spectrum Brands Holdings, Inc., C.A. No. 21-18744, 2026 U.S. Dist. LEXIS 5064, the United States District Court for the District of New Jersey considered whether the plaintiffs’ expert’s opinions were admissible...more
Damages have become one of the most closely watched—and fiercely litigated—issues in modern patent litigation. In recent decisions, the Federal Circuit has sharpened its focus on district courts’ gatekeeping obligations for...more
The Federal Circuit’s recent decision in Barry v. DePuy Synthes Companies reversed a trial court’s exclusion of two expert witnesses, further blurring the line for practitioners between the court’s gatekeeping role and the...more
This morning, I was approached to present in Texas on deep fake evidence and what litigators need to know to confront it. It’s to be called, “Real or Rigged: How to Know Whether Evidence Is Fake.” I realized, to my chagrin,...more
In our Case of the Week, the Federal Circuit reviewed expert damages testimony en route to affirming a $42.5 million reasonable royalty award on appellant Polygroup’s infringing artificial Christmas trees....more
On February 18, the United States Court of Appeals for the Second Circuit issued a significant decision in United States v. Cardenas, vacating a drug conspiracy conviction and remanding the case for a new trial. The opinion...more
Evidence generated by artificial intelligence (“AI”) is making its way into courtrooms. As a result, the U.S. Judicial Conference’s Advisory Committee has proposed a new rule “to regulate the admissibility of machine evidence...more
Most lawyers are familiar with the basic concepts underlying the absolute, but fragile, attorney-client privilege. But beyond those very basic principles, where do lawyers look for more specific guidance? In Johnson v....more
Court: United States District Court for the Eastern District of Louisiana - Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner allege the decedent, Michael P. Dandry Jr., had occupational exposure to asbestos by...more
On January 20, 2026, the Federal Circuit (per Judge Stark and joined by Judge Taranto, with Judge Prost dissenting) reversed a decision from the Eastern District of Pennsylvania, excluding two experts who testified for...more
In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more
The Federal Circuit’s recent decisions in EcoFactor, Inc. v. Google, LLC (en banc) and Barry v. DePuy Synthes Companies have refined the landscape regarding the admissibility of expert testimony under Federal Rule of Evidence...more