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Farrell Fritz, P.C.

Persistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

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On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more

Array

This Week in eDiscovery: What is a Document? Text Message Redaction Dispute Poses this Question

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of May 4-10. Here’s what’s...more

Pagefreezer

What Is a JSON File? And What Role Does It Play in eDiscovery?

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If you’re involved in eDiscovery in any way, you’ve undoubtedly come across JSON files. These files increasingly act as the way in which we access and interact with digital evidence—especially as the limitations of screenshot...more

EDRM - Electronic Discovery Reference Model

“This Was a Collective Debacle”

In Lacey v. State Farm General Ins. Co., 2025 WL 1363069 (C.D. Cal. May 5, 2025), plaintiff submitted a filing with erroneous AI-generated citations. The Special Master pointed out some of them. The plaintiff resubmitted a...more

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

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On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Holland & Knight LLP

Podcast - "Ready for Trial?"

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Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in...more

Hogan Lovells

Obtaining evidence in England for overseas court proceedings – a recent reminder

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A recent English High Court decision highlights a number of key issues when seeking an order to obtain evidence in England for use in overseas proceedings. In this case, the English court declined to make the orders which had...more

Bennett Jones LLP

Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

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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

Maison Law

How Traffic Camera Evidence is Changing Accident Litigation in California

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The use of traffic camera evidence is increasingly changing accident cases in California. While witness testimony can be helpful, it’s not always reliable. And some witnesses may not want to testify. The emergence of traffic...more

Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Maison Law

The Role of Expert Witnesses in Car Accident Litigation

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Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Art & Science of Getting the ‘Technical Translation’ Right

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When it comes to eDiscovery, term translation isn't just about converting words from one language into another. It's a highly specialized process that requires a nuanced understanding of both linguistics and technical search...more

U.S. Legal Support

Best Practices for Using Trial Technology

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Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more

Array

This Week in eDiscovery: ESI Protocol Stops “Dump Truck” Production | Modern Attachment Challenges and Solutions

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 13-19. Here’s what’s...more

JAMS

Writing Persuasive Closing Briefs

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11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

Minerva26

BYOD Battle Lines: What Allergan v. Revance Teaches About Discovering Evidence on Employees’ Personal Phones

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Does your bring-your-own-device (BYOD) policy quietly wall-off the best evidence in your next case? A March 17, 2025 Special-Master ruling in Allergan, Inc. v. Revance Therapeutics, Inc. says it might—denying a motion to...more

Miles Mediation & Arbitration

Mastering Virtual Questions: Practical Tips for Successful Remote Depositions

Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more

Offit Kurman

Challenging a Custody Decision in South Carolina: Understanding the Family Court Appeals Process

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The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Array

First Look Agreements: A Strategic Solution for Discovery Disputes

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Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more

Maison Law

Why You Shouldn't Wait to File a Personal Injury Claim after a California Car Accident

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Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

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Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

Gardner Law

What's on File Could Be on Trial - Mastering Documentation Risk

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Every document your employees create—emails, text messages, meeting notes, voicemails—has the potential to become critical evidence in litigation. In today’s legal environment, even casual communications can expose your...more

Stark & Stark

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

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In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

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Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

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