The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
The 3 Core Themes of Trial Law: Tell Your Story
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
The Subpoena Playbook
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Key Discovery Points: Timing is Mostly Everything in eDiscovery
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more
Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more
In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a...more
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more
Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike. While the contents of...more
Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more
Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1. Rodriguez v. Packers Sanitation Services LTD., LLC...more
The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more
In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more
Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more
Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more
Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more
A California federal judge recently denied Google’s motion to arbitrate a class action lawsuit. The lawsuit alleged that Google violated privacy statutes by concealing the fact that Google-Assistant-enabled devices could...more
This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar. Managing consumer disputes and consumer lawsuits has always been a fact of life for...more
German arbitration law is to be reformed to current needs and thus intended to be made more attractive overall. To this end, the German Federal Ministry of Justice on 1 February 2024 published a draft bill for an act to...more
In almost every brief submitted to a court by a party seeking to enforce an arbitration agreement, you will find a reference to this country’s “pro-arbitration” policy. It is true that the United States— through the Federal...more
With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA). A Bulletin issued in February...more
Arbitration agreements are becoming more and more prevalent in litigation, as companies and carriers continue to mandate such provisions in their contracts. Not surprisingly, within these arbitration clauses are some specific...more
I used to think that judges had it so easy. That all they had to do was read the briefs, listen to the arguments, and make a decision. Only after I started serving as an arbitrator did I understand how hard it is to be the...more
On July 15, 2022, Jason Freeman and I concluded a five-day long arbitration. Not between ourselves; rather, we served as counsel for long-time clients in a business dispute that, by agreement with an opposing party, required...more
On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more
A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more
Plaintiffs, three families living in the Lake View area, filed three separate actions against defendants J. Michael White, Eco-Preservation Services LLC, Serma Holdings LLC, Aeta Management Group, Knobloch Inc., and others....more
Everest Reinsurance Co. appealed from two district court orders. It claimed that this dispute with Pennsylvania National Mutual Casualty Insurance Co. was the same as a prior dispute that Penn National had arbitrated with two...more