Case Law and Court Rules - Trial Strategy Today

Leaving Your Firm? Aim for a Joint Notice to Clients

Attorney at Work

APRIL 4, 2022

Be sure to examine your own jurisdiction’s rules, ethics opinions, and case law, and look for any templates that may help you draft your notice. About the Illinois Supreme Court Commission on Professionalism.

Court Rules

Court Rules Legal Services Case Law

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly. Link to District Circuit Decision

Subpoenas

Subpoenas Discovery Litigation Court Rules

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly. Link to District Circuit Decision

Subpoenas

Subpoenas Discovery Litigation Court Rules

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Prep with Purpose: How to Build Better Trial Binders

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Another Approach to Drafting and Discovery of Litigation Hold Notices

E-Discovery LLC

FEBRUARY 21, 2025

UPDATE : Doug Austin, Portions of Litigation Hold Notices Not Privileged, Court Rules (Feb. Doug also posted: Discovery on Discovery Not Warranted, Court Rules (Aug. Renewed Motion Gets Court to Grant Request for Defendant to Produce Hold Letters: eDiscovery Case Law – eDiscovery Today by Doug Austin (Mar.

Discovery

Discovery Litigation Privileged Communication Court Rules

Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

E-Discovery LLC

MAY 17, 2025

As noted, after the court ruled, the City Defendants objected to the Magistrate Judges decision. The court wrote that the City Defendants objected to the wholesale adoption of plaintiffs [sic] proposed ESI Order without decision or explanation even though the protocol suffers from several asserted errors. Emphasis added].

Objections

Objections Litigation Discovery Evidence

11 ChatGPT Prompts to Transforming Your Legal Practice

Lawmatics

AUGUST 8, 2023

Platforms like Casetext harness AI to help legal professionals locate pertinent case law, statutes, and regulations swiftly. Blue J L&E reconsiders legal research and analysis, using AI to predict case outcomes and probe complex legal issues—analyzing factors and outcomes, not merely keywords.

Legal Research

Legal Research Interrogatories Legal Strategy Witnesses

Redefining Data Privacy: Germany’s Landmark Ruling on Facebook’s Data Breach Case

Complex Discovery

NOVEMBER 21, 2024

Meta has expressed concerns about the ruling’s consistency with European Court of Justice case law but reiterated its commitment to safeguarding user data. Corporate Responsibility and Future Compliance The judgment serves as a wake-up call for technology companies to reevaluate their data protection strategies.

Precedent

Precedent Legal Precedent Court Rules Technology

Does the Prosecution of a Topless Woman Expose Gender Inequality in Minnesota Law?

Practice of Law

OCTOBER 11, 2024

He criticized the majority’s reliance on existing case law due to changes in societal norms and the statutory exemption for breastfeeding. The court will also consider whether the law is applied equally to men and women, addressing potential constitutional issues of equal protection.

Evidence

Evidence Precedent Court Rules Case Law

Washington’s New Uniform Family Law Arbitration Act: Explanation, Application, and Aspiration

WA Bar News

SEPTEMBER 11, 2024

Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it. The applicable law under the UFLAA is RCW 26.14.030(1). Consequently, all case law issued prior to the UFLAA (Jan. State Bar Assoc. Jacqueline L.

Arbitration

Arbitration Evidence Case Law Mediation

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

As a result of the spoliation established in large part by the X1 Social Discovery examination, the Court imposed severe evidentiary sanctions on the plaintiff, including the exclusion of evidence and claims related to the destroyed Facebook data, and adverse jury instructions.

Evidence

Evidence Jury Instructions Discovery Affidavits

10 AI-Assisted Legal Tech Vendors Delivering Reliable Productivity to Law Firms

RPC Strategies

SEPTEMBER 13, 2024

eDiscovery Assistant Keeping up with the growing body of e-discovery caselaw, court rules, and checklists becomes easy with what eDiscovery Assistant calls its “knowledge-center.” vLex (USA, Barcelona, UK) vLex is revolutionizing the way law firms conduct legal research with its cutting-edge technology.

Discovery

Discovery Legal Research Real Estate Depositions

By the Rules: Techniques for Writing Persuasive Rules

WA Bar News

MARCH 13, 2025

2 While using quotations does not guarantee success (and the study did not prove causation), using direct language from case law has tactical appeal because it lets the court speak for itself. Build Persuasive Case Illustrations Support your argument by choosing favorable case illustrations and contextualizing unfavorable cases.

Cross-Examination

Cross-Examination Witnesses Precedent Construction

Reckoning: The Duty to Correct Under RPC 3.3

WA Bar News

DECEMBER 17, 2024

Lawyers who intentionally lie to courts or engage in similar misconduct are usually on a quick path to a new line of work through disbarment or will have a long time to think about their error while serving a suspension. 9 Here, however, well focus on the ethics rule. 7 Fourth, because the duty to correct under RPC 3.3(a)(1)

Pleadings

Pleadings Witnesses Arbitration Litigation

Legal Ethics & Malpractice Reporter, Vol. 5, No. 9

Joseph, Hollander & Craft

SEPTEMBER 30, 2024

the rule of confidentiality? The questions arose from the shift to electronic filing in Nebraska and a local court rule that required lawyers to file itemized billing statements with the court. The lawyers’ questions arose from a seeming conflict between this rule and Nebraska ethics rule 3-501.6

Court Rules

Court Rules Real Estate Education Case Law

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

E-Discovery LLC

JUNE 1, 2024

However, prior to amendment of Rule 1-104, “any reliance” upon an unreported decision was “misplaced.” We decline to consider the unreported case law that Petitioners refer to on this point.” As amended last year, Maryland Rule 1-104(a) states: (1) Not Precedent. Law Quarterly 1253 (2001). Lisy Corp. Oliveira v.

Precedent

Precedent Discovery Admissibility Litigation

Trial Strategy Today

Leaving Your Firm? Aim for a Joint Notice to Clients

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Webinars

Another Approach to Drafting and Discovery of Litigation Hold Notices

Litigants Can’t Agree; Judge Entered an ESI Protocol; Party Objected to It; Objections Overruled

11 ChatGPT Prompts to Transforming Your Legal Practice

Redefining Data Privacy: Germany’s Landmark Ruling on Facebook’s Data Breach Case

Does the Prosecution of a Topless Woman Expose Gender Inequality in Minnesota Law?

Washington’s New Uniform Family Law Arbitration Act: Explanation, Application, and Aspiration

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

10 AI-Assisted Legal Tech Vendors Delivering Reliable Productivity to Law Firms

By the Rules: Techniques for Writing Persuasive Rules

Reckoning: The Duty to Correct Under RPC 3.3

Legal Ethics & Malpractice Reporter, Vol. 5, No. 9

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

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