Hollywood Overruled: Real Lessons from Cinematic Litigation – Speaking of Litigation Video Podcast
Interesting one from this December. In Bell v. Hawx 2025 WL 3677347 (E.D. Cal. Dec. 18, 2025) a defendant’s motion to dismiss had been granted because the plaintiff had failed to allege sufficient facts about the calls at...more
There are two (2) main procedural avenues for the resolution of disputes in a bankruptcy case: contested matters and adversary proceedings. Contested matters are typically resolved through motions practice in the main...more
U.S. Eleventh Circuit Court of Appeals - Trump v. Clinton - rule 11 sanctions, jurisdiction - USA v. Beaufils - Medicaid fraud, evidence, sentencing, perjury - In re ATIF - bankruptcy, transfer, expert opinion...more
For most, the final months of each year bring changing weather, football playoffs, and spiced lattes. For attorneys, this time also brings a wave of procedural rule changes that set the tone for litigation ahead of the...more
Courtroom dramas make for great entertainment, but how much of what we see on screen reflects the reality of litigation? In this episode of Speaking of Litigation, we analyze iconic scenes from Succession, The Good Wife,...more
In a recent published opinion, the Third Circuit affirmed the District Court’s sanctions against JP Ward & Associates, attorney Travis Gordon, and attorney Joshua Ward for engaging in, as the District Court put it, “a...more
On September 9, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion vacating-in-part, affirming-in-part, and remanding a district court decision that denied motions for...more
The US Court of Appeals for the Federal Circuit found that a district court erred in denying fees and costs to the prevailing party (here, the defendant), but upheld the district court’s denial of Rule 11 sanctions. Future...more
Magēmā Technology LLC v. Phillips 66, et al., No. 2024-1342 (Fed. Cir. (S.D. Tex.) Sept. 8, 2025). Opinion by Bumb (sitting by designation), joined by Moore and Stoll....more
Our Case of the Week concerns shenanigans at trial. Ultimately the Federal Circuit remanded for a new trial, finding Phillips’s “mischief” tainted the jury verdict because it was unclear whether the jury’s general verdict of...more
By now, most lawyers should know the dangers of relying on generative AI for legal research. A big risk is that AI will generate fake case citations and quotations. Failure to check and verify the citations and quotations can...more
New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
Artificial intelligence is a controversial but increasingly valuable arrow in the quiver of any litigator. While AI can provide great assistance to litigators in improving their efficiency, AI also raises ethical and...more
Most uses of artificial intelligence in litigation carry great promise but little risk. That’s not the case with generative AI tools employed to draft legal pleadings. Despite the best efforts of courts and bar groups to...more
The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
Key takeaway: The Supreme Court held that to state an ERISA prohibited-transaction claim under 29 U.S.C. § 1106(a), a plaintiff needs only to plausibly allege the elements contained in § 1106(a) itself and does not need to...more
No, I am not referring to the Britney Spears song. Instead, it’s fake case cites, a judge’s admonition, sanctions and impending discipline. Today’s lesson comes from U.S. District Court Judge Kelly Rankin in the District of...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
Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district...more
Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more
ChatGPT may be smart enough to pass the bar exam, but lawyers should take caution before relying on the Artificial Intelligence (“AI”) platform to conduct any legal business. On June 22, 2023, Judge P. Kevin Castel of...more
New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing - Brief Summary- Faced with what it called an "unprecedented circumstance," a federal district court in New York (Judge P....more
On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more