E-Discovery LLC

JULY 15, 2025

Of course, all counsel are duty bound to promptly notify opposing counsel and the court when they have learned that relevant evidence has been spoliated. 14, 2024); and A Wolf in Sheep’s Clothing: Litigant Can’t Convert a Discovery Dispute Into a Sanctions Motion (Apr. Emphasis added]. Emphasis in original]. (Dec.

Discovery

E-Discovery LLC

JULY 14, 2025

Meta asserts that plaintiffs “’have not seriously tried to gather evidence from other sources about Mr. Zuckerberg’s conduct or intent’ and accused them of deploying ‘head-in-the-sand tactics’ to pressure the social media company to settle rather than deal with litigation burdens.” This case is worth watching. 1, 2025).

Depositions

IP Watchdog

JULY 29, 2025

In relevant part, the Federal Circuit held that the district court erred in excluding evidence that prior art light-emitting diode (LED) tubes were on sale prior to the effective filing date of Super Lighting’s patents, prejudicing CH Lighting’s invalidity argument.

Evidence

Sound Jury Blog

JULY 8, 2025

That difference can mean the tipping point in close litigation. They’re professionals, parents, and citizens being asked to evaluate nuanced legal theories, expert testimony, and large volumes of evidence. But when that same information is presented with relevant visuals, retention jumps to 65%.

Trial Strategy

Civil Litigation Brief

JULY 30, 2025

This webinar looks at what to do when things go wrong in civil litigation. There is a continual flow of reports that deal with errors made in relation to limitation, service or someone falling foul of the rules or court.

Litigation

Temple University Beasley School of Law - Advocacy

JULY 11, 2025

Rule 404(b) is the bane of the criminal defendant, although it is equally applicable in civil litigation. And when 404(b) evidence is offered against an accused, effective lawyering means doing all one can to seek its exclusion, have it toned down, or ensure that the jury does no more harm with it than the law permits. What went wrong?

Evidence

E-Discovery LLC

JULY 11, 2025

The decision is one part of vigorously-litigated [1] discovery in a civil rights lawsuit. The plaintiff, Mr. Hall, alleged that the Baltimore City Police Department and three former officers concealed exculpatory evidence and coerced false testimony in Mr. Hall’s 1992 murder trial.

Witnesses

Planet Depos

JUNE 17, 2025

Deposition (law) A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial. What is a deposition?

Depositions

E-Discovery LLC

JULY 24, 2025

The court continued: This honor system for discovery works in the overwhelming majority of cases, but the word of a litigation opponent is not sufficient in every case. Such a procedure runs counter to the paradigm that “litigants are generally responsible for preserving [and producing] relevant information on their own.” ….

Cross-Examination

WA Bar News

JULY 16, 2025

For example, in the legal context, there have been more than 150 cases already litigated globally where AI (being used by both lawyers and pro se litigants) has produced hallucinated content in court documents—usually fake citations but also misrepresented precedents and misattributed quotations. That was 10 years ago.

Legal Research

E-Discovery LLC

JUNE 25, 2025

The parties then agreed: “Plaintiffs agree to bear the costs of imaging in the first instance, but reserve all rights to later seek to recover costs and expenses associated with the Imaging Motion, including (but not limited to) recovering costs and expenses based on further discovery violations and/or evidence of spoliation.”

Discovery

E-Discovery LLC

JULY 31, 2025

of the Southern and Eastern Districts of New York does not preclude definitions of terms specific to the litigation – something that would require leave of court in Nebraska – and it provides a series of definitions applicable to all requests. 34(a)(1) and include(s), but is not limited to, electronically stored information.

Interrogatories

Complex Discovery

JULY 17, 2025

For eDiscovery experts, this translates into more jurisdictional layers and greater variation in data environments, especially when managing cross-national litigation or compliance mandates. Second, indicators tied to intellectual assets and SME collaboration reflect how information flows are structured and protected.

Government and Public Sector

IP Watchdog

JULY 1, 2025

Patent and Trademark Office (USPTO), the Federal Circuit found that the Board’s validity ruling was ultimately infected by an erroneous construction of the transitional phrase “consisting essentially of” in light of intrinsic evidence supporting a narrow interpretation for that disputed claim term.

Construction

Joseph, Hollander & Craft

JULY 23, 2025

Civil, family, and criminal courts allow for these pretrial motions, which can shape future proceedings and therefore the trajectory of litigation. They are a critical part of the strategy, helping us protect our clients’ rights, control what evidence reaches the jury, and, in some cases, end the case altogether.

Pretrial Motions

Complex Discovery

JUNE 26, 2025

This isn’t just for litigation or investigations. For those managing legal risk and digital evidence, understanding and addressing these new information frontiers is no longer optional—it is operationally and strategically essential. It’s an imperative for every business,” he said. News Sources Makin, Tom, et al.

Discovery

Steno

MAY 14, 2025

For trial attorneys, winning a court case transcends presenting evidence and examining witnesses. The real battle rages in the minds of the individuals called to jury duty, where perceptions of credibility and trust often determine the outcome before deliberations even begin.

Jury Deliberation

E-Discovery LLC

JULY 14, 2025

It wrote that a party “demonstrates bad faith by delaying or disrupting the litigation or hampering enforcement of a court order.” It applied a standard of “clear and convincing evidence.” In resolving the motion, the Amazon court looked to its common-law, inherent power. citation omitted]. Amazon produced 29,998 documents.

Discovery

Complex Discovery

JULY 16, 2025

When AI systems create summaries from multiple sources, critical questions arise about data lineage, authenticity, and the preservation of original context—all essential for organizations managing regulatory compliance and litigation readiness.

Discovery

Joseph, Hollander & Craft

JULY 28, 2025

On July 24, 2025, Joseph, Hollander & Craft’s Chris Joseph joined Samuel MacRoberts of the Kansas Justice Institute and Colin Shaw of the Third Judicial District Public Defender’s Office to educate criminal defense attorneys regarding how to spot civil rights claims and preserve them for litigation.

Education

Percipient

JANUARY 20, 2025

For instance, machine learning can predict litigation risks based on similar cases, identify trends that might impact a client, or flag unusual clauses in contracts that might need extra attention. With so much evidence in emails, text messages, and other files, manually reviewing everything can take forever.

Legal Research

Civil Litigation Brief

JULY 24, 2025

After hearing evidence over five days the judge decided that there was no retainer between the "client"and the solicitor. Today we are looking at a highly unusual solicitor and own client costs assessment. The client was not liable to pay.

Evidence

Planet Depos

JULY 2, 2025

You’re looking for evidence that this firm is well-versed in large cases, and you want to see that firms go back to them again and again for their work. If your large matter is intellectual property, you want names of IP cases the agency has covered so you know they’ve played in the league before.

Exhibits

Securities Docket

JUNE 20, 2025

Court of Appeals for the First Circuit, presented a question that has divided the federal appellate courts: whether the SEC may recover disgorgement where there is no evidence that an investor suffered pecuniary harm.

Evidence

Complex Discovery

JUNE 17, 2025

Drawing from the European Commission’s Generative AI Outlook Report – Exploring the Intersection of Technology, Society and Policy (JRC142598), it examines the legal and ethical questions emerging as AI tools increasingly generate content that influences decisions in litigation, compliance, and client representation.

Technology

Next Generation E-Discovery Law & Tech Blog

JUNE 25, 2025

Nowhere is this more evident than in the spiraling expenses for outsourced eDiscovery and information governance services. While litigation and regulatory demands continue to grow, many organizations still rely heavily on costly outside service providers to identify, collect, process, and produce electronically stored information (ESI).

Technology

Complex Discovery

JULY 21, 2025

Whether conducting risk assessments, validating vendor claims, or ensuring defensibility in litigation, recognizing the type of bias at play is foundational to effective governance. For professionals in cybersecurity, information governance, and eDiscovery, these distinctions are not merely academic.

Technology

Complex Discovery

JULY 20, 2025

With federal banking agencies having 180 days to report implementation plans to Congress and a three-year safe harbor for existing platforms, legal teams can expect to navigate a growing volume of blockchain-based evidence, immutable, decentralized, and often beyond the reach of traditional systems. The Act’s reach beyond U.S.

Discovery

Complex Discovery

JULY 28, 2025

As AI systems grow more powerful, that question is becoming central to innovation strategy—and litigation. Companies such as Disney and Universal have been relentless in their litigations against AI platforms like Midjourney, which they accuse of employing unlicensed media.

Government and Public Sector

Civil Litigation Brief

JUNE 20, 2025

This webinar looks at the potential problem areas of fatal accident litigation and. We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors.

Litigation

Civil Litigation Brief

JULY 14, 2025

One of the purposes of this site is as a working “toolbox” for practitioners. To provide a useful and readily accessible source of information when particular issues arise. For that reason something new is starting on this site in the.

Litigation

Civil Litigation Brief

JULY 2, 2025

The preparation of witness statements is an essential part of the stock in trade for most litigators. It is surprising how often statements are ill prepared, they are a regular feature of this site. We see examples here when the.

Witnesses

IP Watchdog

FEBRUARY 24, 2025

Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) because it said the Boards decision was unclear as to whether it relied on a new obviousness theory not presented by any party and failed to provide a reasoned explanation that is supported by substantial evidence for accepting (..)

Evidence

E-Discovery LLC

JUNE 10, 2025

It prevailed because its attorneys did their homework and supported their litigation position with facts. Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. Mia Aesthetics Clinic ATL, LLC , No. 1:24-CV-3407-MLB-AWH (N.D. The agency moved to compel discovery responses. Zubulake (Aug.

Discovery

Civil Litigation Brief

JULY 4, 2025

Here we are looking at a very small part of a judgment in relation to costs on a solicitor/own client assessment. On of the arguments put forward by the (former) client was that the retainer was wrongfully terminated shortly before.

Evidence

IP Watchdog

APRIL 29, 2025

Finding both that the TTABs inquiry properly aligned with Federal Circuit precedent on generic marks and that the TTABs finding was supported by substantial evidence, the appellate court rejected Medisafes challenges to the rejection of its trademark application claiming the color dark green for the surface of chloroprene examination gloves.

Precedent

Complex Discovery

JULY 24, 2025

For those in eDiscovery and digital evidence roles, another notable component of the plan is its call to combat AI-generated deepfakes through formal forensic benchmarks. This move could reshape evidentiary standards in digital litigation and compliance. seeks to lead not only in breakthroughs but in the rules of engagement.

Technology