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Local Rule Prohibiting Definitions in Interrogatories Without Leave of Court

E-Discovery LLC

In pertinent part, Herman objected to the definitions in Payne’s interrogatories. Parties may use any instructions, definitions, or rules of construction that are consistent with the Federal Rules of Civil Procedure. The court cited a local rule that prohibits use of definitions in interrogatories without leave of court.

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The Many Faces of AI Bias in Legal Practice

Complex Discovery

Whether conducting risk assessments, validating vendor claims, or ensuring defensibility in litigation, recognizing the type of bias at play is foundational to effective governance. One of the more constructive types of bias, referred to as positive-tendency bias, is an inherent part of how AI systems operate.

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U.S. Fish and Wildlife Service Suggests a Different Type of Armor for Pangolins: Endangered Species Protection

Practice of Law

If you're wondering who would object to an endangered species getting protections, it's important to note that economic factors are explicitly not part of the consideration process. Whether a multi-billion-dollar drilling or construction project would be halted by ESA-protection approval isn't a determining factor.

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An Offeror Controls the Terms of the Offer

E-Discovery LLC

But the dissent overlooks that both parties, in their testimony, testified about and confirmed the cover letter’s contents verbatim, and without objection. So even if the substance of the cover letter constituted hearsay, any objection on that basis was waived, as its contents were in evidence and undisputed.

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Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction

IP Watchdog

The CAFC held that it is proper to strike expert testimony that did not rely on the agreed upon claim construction adopted by the district court. Treehouse Avatar, LLC owns U.S.

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Relative Proportionality Argument Rejected

E-Discovery LLC

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

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How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

Given [1] the breadth and scope of Attorney XXXXs [1] ESI Requests and [2] the content and tone of the XXXX Firm ESI Plan, it is not surprising that Defense Counsel objected to the ESI protocol that Attorney XXXX was demanding be used in this case. would include litigate, litigation, litigating, etc.).