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The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

Evidence 130
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Amending a Complaint Does Not Circumvent a Prior Sanctions Order Barring “Claims” Evidence

E-Discovery LLC

The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. It also precluded them from introducing evidence at trial if the evidence was the subject of unanswered discovery requests. This is an unreported opinion.

Evidence 130
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“Diligent Search,” But No Responsive Data, is Insufficient Response

E-Discovery LLC

Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. The Mia Aesthetics court cited precedent that a defendant must make a reasonable effort, assisted by a vendor, to recover or restore relevant and responsive ESI that was lost or deleted. Zubulake (Aug. 18, 2012). [1]

Discovery 130
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Clearbrief CEO Jacqueline Schafer: Transforming Written Legal Arguments With AI

Attorney at Work

But there was a moment where I was able to point the judge to a sentence in my brief referring to a piece of evidence in the case. I remember thinking that it is all about the evidence. I started Clearbrief to help lawyers find the evidence that supports their arguments and wins the case. I saw the judge change his mind.

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CAFC Affirms TTAB’s Genericness Test for Color Marks

IP Watchdog

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.

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Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

Mr. Little was precluded from introducing evidence of liability or damages. As relief, appellees asked the court to preclude appellant from either (1) introducing into evidence at … trial … any evidence of [appellees] alleged liability or [appellant’s] claimed damages or (2) relying on any expert testimony or opinions[.]

Discovery 130
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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Discuss which side needs to prove what and what the standards of evidence are needed. Use all evidence (documents, photographs, physical evidence, and expert reports) to support your case.