Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
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
US courts are issuing guidelines to ensure litigators disclose any use of generative AI in legal proceedings. By now, most of us have heard a story about the misuse of generative AI in the practice of law: the attorney...more
The integration of artificial intelligence (AI) into the legal system heralds a transformative era marked by both innovation and unprecedented challenges. After some lawyers made headlines for submitting legal briefs with...more
If you’re an attorney, a paralegal, an investigator, a law enforcement officer, or even if you just watch a lot of legal dramas on television, you’re likely familiar with the term “chain of custody”....more
Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more
A proposed amendment to Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, could clarify the evidentiary burden on proponents of expert testimony and a court’s role regarding...more
The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more
No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...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
FORUM SELECTION CLAUSES MAY OR MAY NOT PRECLUDE PTAB REVIEW - In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd. & Samsung Electronics America, Inc., No. 21-1638 (Fed. Cir. Oct. 7, 2021), the Federal Circuit considered...more
Increasing use of AI requires careful consideration by both legal practitioners and the courts. Artificial Intelligence (AI) technology is becoming pervasive in our lives. There’s no doubt about it. ...more
Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more
The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in...more
The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the...more
Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more
The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more
News of a product recall often motivates potential plaintiffs to a search for a lawyer. But the truth is a product recall is an act of responsibility and should not be used to penalize a manufacturer in court....more
The Patent Trial and Appeal Board held a Boardside Chat webinar on June 7, 2018, during which Administrative Patent Judges Justin T. Arbes and Kevin W. Cherry discussed motions to exclude and motions to strike in AIA trials. ...more
Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more
Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more
On Wednesday, February 15, the Second Circuit issued a published opinion in United States v. Barret, No. 12-4663(L) (Pooler, Hall, Carney), addressing an issue of first impression in the Circuit—whether testimony of a former...more