IP Watchdog

AUGUST 19, 2021

Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v. Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. On August 18, the U.S. Patent and Trademark Office (USPTO) in the 1990s.

Witnesses 94

Witnesses Court Rules Evidence Litigation 94

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Crown appealed the trial court's ruling, and the Court of Appeal affirmed.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

E-Discovery LLC

MARCH 6, 2025

Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Litigation 130

E-Discovery LLC

MAY 30, 2025

There is no evidence that defendants lost any relevant text messages by restoring Gibsons and Dooriss phones to factory settings. Summary judgment was granted for the Coast Guard on that issue: Gibsons decision to disenroll Wenzler from the Auxiliary was not arbitrary and capricious and was supported by substantial evidence.

Cross-Complaint 130

Cross-Complaint Evidence Litigation Court Rules 130

E-Discovery LLC

FEBRUARY 23, 2025

22 asked: Identify each and every DOCUMENT or other piece of tangible evidence relevant to Plaintiff’s claims and Defendants’ defenses which has been lost, destroyed, or cannot be found. The Li court ruled that: The [court] GRANTS Defendants’ motion to compel and ORDERS Plaintiff to answer these rogs.

Discovery 130

Discovery Interrogatories Objections Court Rules 130

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 130

Objections Litigation Discovery Evidence 130

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay discovery and asserted that courts stay discovery pending a fully dispositive motion, finding that judicial economy, the balance of hardships and equitable interests, and the lack of undue prejudice on nonmovants weigh in favor of a stay. cleaned up; citations omitted].

Discovery 130

Discovery Arbitration Litigation Mediation 130

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence 40

Evidence Admissibility Objections Pleadings 40

WA Bar News

JUNE 12, 2025

Task Force members also created four workgroups to evaluate: (1) key emerging technologies; (2) impacts on practice, access to justice, and consumer protection; (3) impacts on courts, court rules, and procedures; and (4) education and ethics. that have already deployed public-facing court chatbots.

Technology 52

Technology Education Evidence Court Rules 52

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect. citing Jones v.

Evidence 130

Evidence Witnesses Forensic Evidence Technology 130

E-Discovery LLC

APRIL 16, 2025

In Thompson II , certain defendants failed fully to produce emails after the Court ruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails.

Discovery 130

Discovery Litigation Witnesses Objections 130

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.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

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.

Subpoenas 130

Subpoenas Discovery Litigation Court Rules 130

Securities Docket

OCTOBER 7, 2024

An SEC enforcement action against two financial firms and their managers over more than a billion dollars in investment losses raises factual issues about that must be decided by a jury, a federal court ruled. Harjani said Thursday for the US District Court for the Northern District of Illinois.

Court Rules 52

Court Rules Evidence 52

WA Bar News

JULY 10, 2024

In adjudicating the motion, the trial court was to determine whether the claim was based on an action involving public participation and petition. If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. RCW 4.105.020(1). RCW 4.105.050.

Discovery 112

Discovery Pleadings Litigation Cross-Complaint 112

E-Discovery LLC

FEBRUARY 21, 2025

As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. Doug also posted: Discovery on Discovery Not Warranted, Court Rules (Aug.

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

Complex Discovery

JULY 9, 2024

Coinbase has also filed additional legal actions against the SEC and the Federal Deposit Insurance Corporation, seeking compliance with Freedom of Information Act requests related to cryptocurrency rule-making.

Defense Strategy 122

Defense Strategy Precedent Discovery Depositions 122

E-Discovery LLC

APRIL 2, 2025

I see three takeaways from the courts decision. The courts expertise in ESI issues, for example, protocol design, is clearly evident. When parties cannot agree, a court may find itself in the uncomfortable position of having to impose a methodology. A similar principle was stated in Fleury v. 2024 WL 1620613 (N.D.

Discovery 130

Discovery Litigation Precedent Court Rules 130

E-Discovery LLC

MARCH 26, 2025

It is evident that, in this case, Attorney XXXX has ignored his duty to refrain from discovery efforts that are unreasonable or unduly burdensome or expensive in the context of these proportionality factors.

Discovery 130

Discovery Objections Litigation Healthcare 130

Expert Witness Blog

MAY 13, 2024

The court states that two of his opinions (that there is no evidence of discrimination by the defendant and that same-day interpretive services are not reasonable) are excluded because these are legal opinions. Also, the court opines that two other of Mr.

Witnesses 52

Witnesses Admissibility Evidence Court Rules 52

SW&L Attorneys Blog

NOVEMBER 8, 2024

The court ruled this as fraudulent and restored the assets to the marital estate, prioritizing the wife’s right to an equitable division of property. Johnson , the court awarded attorney’s fees due to one party’s financial concealment and subversion of the legal process, which prolonged litigation unnecessarily.

Finance and Banking 98

Finance and Banking Subpoenas Litigation Evidence 98

Practice of Law

OCTOBER 11, 2024

She first presented a sufficiency-of-the-evidence argument, claiming that the prosecution had not submitted enough evidence to the court to show that she had violated the law. The court will also consider whether the law is applied equally to men and women, addressing potential constitutional issues of equal protection.

Evidence 75

Evidence Precedent Court Rules Case Law 75

WA Bar News

JUNE 11, 2024

should not be considered as evidence. a) prohibits a lawyer from using “means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” Turner, 5 Washington Practice, Evidence Law and Practice § 103.8 (6th

Depositions 98

Depositions Witnesses Objections Discovery 98

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

Complex Discovery

APRIL 8, 2025

For eDiscovery experts, the case illustrates the complex intersection of digital evidence, cross-border discovery, and the expanding scope of patent enforcement in cloud environments. This article unpacks how Nokia leveraged its IP portfolio to challenge Amazons use of video streaming and cloud technologies, leading to a wave of litigation.

Digital Evidence 64

Digital Evidence Litigation Technology Evidence 64

Complex Discovery

OCTOBER 21, 2024

Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored.

Telecommunications 95

Telecommunications Technology Court Rules Evidence 95

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. Examples include quick rulings on matters like schedule changes or extracurricular activities, where parents seeking the decision may not need or want formal confirmation.

Arbitration 105

Arbitration Evidence Case Law Mediation 105

WA Bar News

APRIL 14, 2025

Here at home, GR 40 created Washingtons Informal Family Law Trials, which allow family law parties to opt out of traditional evidence and procedure rules, simplifying the process and making it more accessible for self-represented individuals. Help courts experiment with remote proceedings even if you dont mind going to the courthouse.

Court Rules 98

Court Rules Legal Services Evidence Insurance 98

Ethicking

JANUARY 10, 2025

I would also add, that to the point that a non-lawyer salesperson is providing communications regarding a lawyers services (as governed by Rules 7.1-7.3 7.3 , or Wisconsin Supreme Court Rules 20:7.1-7.4 Compensation should be disconnected from the fees that the client ends up paying.

Court Rules 52

Court Rules Evidence 52

WA Bar News

JULY 10, 2024

THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Decision documents: Order Approving Stipulation; Stipulation to Reprimand; and Notice of Reprimand.

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Legal pleadings are crucial documents for the proceedings in the court. Rules of pleadings in court are a fundamental part of legal proceedings.

Pleadings 52

Pleadings Cross-Complaint Counterclaim Evidence 52

Practice of Law

SEPTEMBER 18, 2024

The plaintiffs claim that this extensive list lacks historical precedent and violates the Second Amendment, as interpreted by recent Supreme Court rulings, particularly New York State Rifle & Pistol Association v. In deciding the case, SCOTUS established a two-step methodology for deciding Second Amendment challenges.

Precedent 40

Precedent Court Rules Evidence Litigation 40

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 2 Some are in briefs, while others are made in open court. along with the confidentiality rule, RPC 1.6, and the withdrawal rule, RPC 1.16. 9 Here, however, well focus on the ethics rule.

Pleadings 52

Pleadings Witnesses Arbitration Litigation 52

WA Bar News

OCTOBER 8, 2024

Washington adopted the then-ABA Model Rule in 1985 when moving from the former Code of Professional Responsibility to RPCs patterned on the ABA Model Rules. 14 Further amendments to the rule and accompanying comments were adopted in 2015 and 2019 to reflect Washington limited license legal practitioner (LLLT) practice.

Witnesses 105

Witnesses Objections Litigation Court Rules 105

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Legal pleadings are crucial documents for the proceedings in the court. Rules of pleadings in court are a fundamental part of legal proceedings.

Pleadings 40

Pleadings Cross-Complaint Counterclaim Court Rules 40

Destination Articles Blog

DECEMBER 17, 2024

Supreme Court ruled in Bates v. Statements like “ the lowest fees” must be supported by evidence. Carefully Choose Your Descriptors Under ABA Rule 7.2 , specific descriptors that imply specialization or expertise are prohibited unless you are formally certified in that area of law.

Education 52

Education Legal Services Restitution Court Rules 52

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. The phrase was deleted from the Federal Rules of Civil Procedure by the December 2015 amendments. Emphasis added].

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130