article thumbnail

Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

THE STANDARD AND BURDEN OF PROOF FOR FORENSIC TESTING The court held that Fed.R.Civ.P. 2] The burden of proof is on the party seeking the forensic examination. Courts also recognize that computers, cell phones, and other electronic devices are not simply “technological convenience[s]. cleaned up).

article thumbnail

Painting with a Broad Brush: The European Commission’s Failure to Distinguish Seeking Damages for Past Infringement from Seeking an Injunction

IP Watchdog

Previously, we wrote about how alleged concerns of “hold-up” and a lack of “transparency”, two non-legal terms without accepted definitions, are being used to advocate for special rules applicable to patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

While the sterile confines of a courtroom and the stringent guidance of legal professionals aim to cultivate impartiality, the permeation of technology in daily life presents ongoing challenges. However, these instances are rare and often require a high burden of proof. Pronounced jury misconduct can lead to civil litigation.

article thumbnail

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

While the sterile confines of a courtroom and the stringent guidance of legal professionals aim to cultivate impartiality, the permeation of technology in daily life presents ongoing challenges. However, these instances are rare and often require a high burden of proof. Pronounced jury misconduct can lead to civil litigation.

article thumbnail

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Deepfakes Are Coming to Courts. That’s great.