Podcast - "Ready for Trial?"
Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance Podcast
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
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
In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more
The AI bot battles rage on. This round, we test OpenAI’s newest contender, released April 16, 2025: ChatGPT o3. Not to be confused with its leaner sibling—ChatGPT o3-mini, which debuted in January. When we tested that old...more
Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the...more
Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more
On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...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
TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more
The legal profession likes to present the façade of unwavering perfection, which is why an accusation of malpractice can be particularly unsettling for the attorney at whom it is lodged. These allegations can make a lawyer...more
The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more
Do not underestimate the benefits of mediation. Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers. As attorneys, we know that is...more
Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more
After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more
This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more