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Akerman LLP

The Challenges of Integrating AI-Generated Evidence Into the Legal System

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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

Pagefreezer

Mitigating Chain of Custody Risks with Digital Evidence

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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

Esquire Deposition Solutions, LLC

Document Translation Challenges in Modern Litigation

The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents...more

Ankura

Amendments to Federal Rule of Evidence 702 and the Implications for Expert Witnesses

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Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

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Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

Frantz Ward LLP

Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence

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There is an adage that lawyers learn the version of the rules of evidence and procedure that are current when they are in law school and then do not look at them again. While that is (hopefully) an exaggeration, it is always...more

DRI

How to Find an Expert Witness

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An expert witness has the potential to make or break a case. An expert witness is a witness who possesses knowledge or experience of a specific field or discipline beyond that to be expected of a layperson. This allows them...more

Benesch

The Amended FRE 702: No Charlatans on the Stand

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The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it...more

Adler Pollock & Sheehan P.C.

Return of the Gatekeepers: Amendments to Rule 702 Clarify the Standard of Admissibility for Expert Witness Testimony

Rule 702 of the Federal Rules of Evidence governs expert witness testimony in federal courts. On April 24, 2023, the United States Supreme Court approved an amendment to Rule 702 (the “Amendment”), which will go into effect...more

Faegre Drinker Biddle & Reath LLP

Experts Who Cannot Articulate a Standard Cannot Opine that a Defendant Failed to Meet the Standard

If you don’t know where a line is, you can’t say whether someone has crossed it. That principle applies in spades to expert witnesses, particularly when their role in the case calls on them to help the jury understand where...more

Sunstein LLP

Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement

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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

Esquire Deposition Solutions, LLC

Who Can Attend a Remote Deposition?

Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing...more

Esquire Deposition Solutions, LLC

Discovery Depositions and Hearsay Evidence

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

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Butler Snow LLP

Back to Gumbo Basics: The Least Yall Could Do is Lay the Foundation(s)

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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

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

Proskauer - Minding Your Business

How Different Judicial Notice Rules Can Change an Outcome

Judicial notice is one of the less glamorous parts of motion practice. A request for judicial notice is typically a lower-priority background document, drafted towards the end of the brief-writing process, along with a notice...more

Lighthouse

Is Your AI Algorithm Admissible in Court? Some Things to Consider.

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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

Reveal

Using Video Deposition Testimony for Opening Statements & Closing Arguments

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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

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

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The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

Robins Kaplan LLP

What’s Happening? The Impact of FRE 902(14) on eDiscovery.

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Be careful what you post on  the Internet. Not everyone listens to this warning, and those who ignore it could see their posts, tweets, shares, and likes front and center — in court....more

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