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Law Office of Jason Ostendorf

Are Oral Arguments Still Worth It? What Appellate Courts Actually Decide Without Them

Oral argument occupies a privileged place in appellate mythology. It is often described as the moment when judges engage counsel, probe weaknesses, and decide close cases. In modern appellate practice, however, that...more

Womble Bond Dickinson

Finding an Expert Witness (Part 2): Best Practices for Choosing the Best Candidate

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Once you’ve done the mental legwork and have candidates to consider as an expert witness, how do you choose the best one? Several considerations may influence your final choice. Verifying licensure, education, and employment...more

Law Office of Jason Ostendorf

The Myth of Trial Court “Discretion”: When Deference Becomes Abdication

Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where reasonable minds can...more

Holtzman Vogel Baran Torchinsky & Josefiak

Challenge to Mandatory Retirement Age for New York Judges Rejected

On November 24, 2025, Manhattan Supreme Court Justice Lyle Frank denied a request by state court judges to invalidate New York State’s mandatory retirement age for judges.  The plaintiffs are all sitting Justices of the New...more

WilmerHale

The Biz Court Digest: How It Works in Massachusetts

WilmerHale on

Originally spearheaded by retired Judge Allan van Gestel and launched under the leadership of former Chief Justice Suzanne DelVecchio, the BLS was established to provide a single forum led by a single judge who actively...more

Jones Day

French Supreme Court Adopts New Interpretation of Attorney-Client Privilege

Jones Day on

The Court reaffirms that confidentiality in the attorney-client relationship is not limited to judicial proceedings alone. In a decision dated October 8, 2025 (No. 24-16.995), the Commercial Chamber of the French Supreme...more

Rumberger | Kirk

AI Hallucinations in Legal Proceedings Underscore Need for Strong Protocols

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Artificial intelligence has the potential to reshape nearly every corner of the legal profession — from contract review and e-discovery to motion drafting and risk assessment. Generative AI, which creates new content from...more

Saul Ewing LLP

The JustPod: Sentencing Reform, Statutory Mandatory Minimum Sentences, And The Quest For Justice: Our Discussion With Retired...

Saul Ewing LLP on

The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with retired federal District Judge Mark W. Bennett. ...more

Kerr Russell

Serving as Local Counsel

Kerr Russell on

Having frequently served as local Michigan counsel for out-of-state, national, and international clients and law firms, I believe effectively serving as local counsel boils down to three main points. ...more

Womble Bond Dickinson

Government Shutdown Affects Federal Courts

Womble Bond Dickinson on

The U.S. government shutdown is now in its fourth week, and the funding standoff is now impacting federal courts.  The Administrative Office of the U.S. Courts has confirmed that, as of October 20, the courts no longer...more

EDRM - Electronic Discovery Reference Model

No More Excuses: The Legal Profession’s Tech-Education Mandate in the Age of AI

The rise of artificial intelligence has only made that line brighter. For too long, technology education has been treated as enrichment, a “nice to have” for the curious few. That era is over....more

Fishman Haygood LLP

2024-2025 Annual Review of the Fifth Circuit’s Judicial Statistics

Fishman Haygood LLP on

Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a...more

Felicello Law PC

Beyond the Brief: Mastering Oral Advocacy in the Appellate Court

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In appellate litigation, the written brief does most of the heavy lifting. It aims to convince the court that an error has occurred. But it is a cold document and cannot anticipate or respond to all of the panel’s questions....more

Troutman Pepper Locke

Pennsylvania Supreme Court's New GenAI Policies for Court Personnel: What Practitioners Need to Know

Troutman Pepper Locke on

The Pennsylvania Supreme Court recently confronted the issue of generative artificial intelligence (GenAI) in an order establishing policies for the use of GenAI by court personnel. The new policies authorize court personnel...more

Latham & Watkins LLP

The 2025 US Government Shutdown: What It Means for Federal Litigation

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The shutdown’s effect on federal court proceedings is in flux. For now, most litigants should expect business as usual in the nation’s courthouses, at least in private civil matters....more

Esquire Deposition Solutions, LLC

AI Drives Arizona’s First-in-Nation Judicial Tech Competence Rule

The Arizona Supreme Court has added the ethical obligation of technology competence to the state’s judicial ethics code. The court’s decision to explicitly insert a technology competence requirement into its rules for judges...more

U.S. Legal Support

How Litigation Analytics Drive Case Strategy

U.S. Legal Support on

The advancements of data analytics in this century have transformed how decisions are made in many professions. Rather than an educated human guess, analytics can find patterns, provide guidance, and predict outcomes based on...more

Association of Certified E-Discovery...

Thinking About Boilerplate Objections

This essay uses a recent Delaware Chancery Court decision to examine the persistent use of boilerplate objections in discovery. It argues that the practice reflects a failure of reflective judgment and undermines the...more

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

Husch Blackwell LLP on

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

Esquire Deposition Solutions, LLC

AI-Generated Evidence Calls for Searching Judicial Inquiry

So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive,...more

Minerva26

Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast

Minerva26 on

In this first episode of our Mobile Minutes segment, U.S. District Judge Xavier Rodriguez joins host Kelly Twigger on the Meet and Confer podcast to explore one of the most urgent questions in modern discovery: when does an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends Continued Suspension for Judge Newman

Inexorable, inevitable, and regrettable are three words that come to mind with publication from the Report from Special Committee of the Federal Circuit (composed of Chief Judge Moore and Judges Prost and Taranto)...more

Whiteford

Client Alert: Assignments of Error: Is That Your Final Answer?

Whiteford on

On July 22, 2025, the Virginia Court of Appeals issued a published order in Sisco v. Holtzman, Rec. No. 024025, clarifying the rules for assignments of error in appellate proceedings. Assignments matter. The Court of Appeals...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fair Use and AI Training: Two Recent Decisions Highlight the Complexity of This Issue

Two recent summary judgment decisions out of the Northern District of California, issued only two days apart, highlight the complexity of deciding whether the unauthorized use of copyrighted works to train large language...more

White & Case LLP

Two California District Judges Rule That Using Books to Train AI is Fair Use

White & Case LLP on

Two days apart, two judges in the Northern District of California decided on summary judgment that two examples of using copyrighted works to train AI models were transformative, and ultimately fair use under US copyright...more

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