E-Discovery LLC

FEBRUARY 22, 2025

On the somewhat unique facts presented, the Court held that plaintiffs consulting an attorney to find out her rights is not necessarily the same thing as contemplating or anticipating litigation for purposes of triggering the common-law duty to preserve. The duty to preserve arises when litigation is reasonably anticipated. Williams v.

Litigation 130

Litigation Discovery Objections Admissibility 130

E-Discovery LLC

OCTOBER 9, 2024

26(b)(1)states: The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.”

Objections 130

Objections Discovery Admissibility Interrogatories 130

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. In a world where most depositions and proceedings are likely to be at least partly virtual, video recordings are more important than ever. Decisions are already surfacing that show that using the built-in recording features is not enough (Alcorn v. 17 C 5859 (N.D.

Depositions 363

Depositions Exhibits Witnesses Admissibility 363

Attorney at Work

AUGUST 17, 2021

We are using litigation as an example, but the same reasoning applies to transactional practices.). Example: Developing a litigation defense strategy. Examples: Administrative tasks (such as organizing files, getting docket updates and so on); routine project management tasks; data gathering on the opposing party and their attorneys.

Interrogatories 288

Interrogatories Defense Strategy Admissibility Litigation 288

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial.

Technology 130

Technology Discovery Evidence Depositions 130

Civil Litigation Brief

FEBRUARY 5, 2025

In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence..

Admissibility 78

Admissibility Evidence 78

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

E-Discovery LLC

SEPTEMBER 25, 2024

In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation. That is a very rigorous process, often necessitating expert testimony.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

NOVEMBER 11, 2024

Second : “TEDCO insists that it ‘cannot’ reasonably assert privilege with particularity unless and until Plaintiff provides advance notice and copies of the documents she intends to use in this litigation.” I would add, in my view, that TEDCO’s admission that “some (not all)” documents were privileged was very significant.

Objections 130

Objections Subpoenas Discovery Litigation 130

Attorney at Work

JANUARY 11, 2022

It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional. With billions documenting their life from the banal to the audacious, these services have become a treasure trove for discovery.

Technology 148

Technology Media and Entertainment Admissibility Legal Research 148

Joshua Gilliland

JANUARY 7, 2016

The City was found to be grossly negligent in issuing and executing its litigation hold for the preservation of email and text messages. The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court found that the City’s litigation hold was both late and ineffective. 2, 2016) 2016 U.S.

Litigation 52

Litigation Evidence Discovery Summons 52

E-Discovery LLC

DECEMBER 9, 2024

1, 2024); Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? A trial court is a gatekeeper, not an armed guard, when it comes to admissibility. Admissibility of Photogrammetric Evidence Trial Court is a Gatekeeper But Not an Armed Guard (Jun. Part 2 of 2 (Sep. Part 2 of 2 (Sep.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

Expert Witness Blog

MARCH 10, 2025

In the case of In re: Paraquat Products Liability Litigation , MDL No.

Witnesses 52

Witnesses Expert Testimony Admissibility Manufacturing 52

IP Watchdog

SEPTEMBER 7, 2022

In this article, I, along with co-author Anthony Prosser, address the other issue raised in the Senators’ June 8 letter—whether elimination of terminal disclaimers that “allow” patents to issue that are “obvious variations of each other” would increase patent quality and whether patents that are tied by a terminal disclaimer should be considered an (..)

Admissibility 75

Admissibility Litigation 75

Your Trial Message

JANUARY 2, 2025

By Dr. Ken Broda-Bahm: Heres a scenario we often see when watching deliberations in a mock trial: The subject of the defendants alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We dont think you should get to damages, […]

Admissibility 52

Admissibility Litigation 52

The Cloud Court Blog

SEPTEMBER 28, 2022

If you’re involved in litigation, and if you care about outcomes, then the importance of testimony is difficult to overstate. However, when we explain what we’re doing and why to seasoned litigators, it’s really cool to watch as they mentally unpack the value proposition and its many implications. Often their eyes get wide.

Litigation 52

Litigation Depositions Witnesses Motion Practice 52

SW&L Attorneys Blog

JUNE 18, 2024

From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. Secured from the supreme court a certificate of admission to the bar of this state; and 2. Secured an annual license therefor from the state board of law examiners.

Litigation 83

Litigation Admissibility Court Rules Discovery 83

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. Both parties dispute the authenticity of the evidence, with each claiming the other is responsible for disseminating fake content.

Evidence 111

Evidence Media and Entertainment Jury Deliberation Technology 111

Lawmatics

OCTOBER 17, 2023

Highlighting credentials like academic qualifications, admissions, years of experience, ratings, certifications, and awards builds confidence. Displays credentials like education, admissions, memberships. Mention admissions, clerkships, firms worked at, and years of experience. Clients want to assess their skills. Keep concise.

Admissibility 147

Admissibility Healthcare Litigation Education 147

WA Bar News

JULY 10, 2024

The full-day event included three moderated panels focusing on LGBTQ+ rights and advocacy in (1) legal education; (2) current litigation, legislative reform, and community work; and (3) advancing LGBTQ+ rights in the future.

Education 103

Education Admissibility Litigation 103

Civil Litigation Brief

JULY 14, 2024

In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document.

Admissibility 64

Admissibility Evidence 64

Civil Litigation Brief

SEPTEMBER 17, 2024

There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of.

Admissibility 52

Admissibility Evidence 52

E-Discovery LLC

OCTOBER 17, 2024

408(a)(“Evidence of [a statement made during compromise negotiations about the claim] is not admissible – – on behalf of any party – -… to impeach by a prior inconsistent statement or a contradiction”). emphasis added; citations and quotations omitted]. See Fed.R.Evid.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). “The Rodriguez v.

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

JUNE 25, 2024

It addressed responses to requests for admission and the need for specific objections to document requests. The Norcold court addressed a number of other issues. [1] 1] __ [1] The court addressed boilerplate objections in detail, id. at *5-6, passim , as well as contention interrogatories, id. at *6, among other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

JULY 3, 2024

Wife noted that Husband’s refusal to provide discovery had been a continuing problem throughout the litigation. Consequently, Husband’s claims of error as to the court’s admission or exclusion of evidence are either waived or unpreserved.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Securities Docket

OCTOBER 14, 2024

college admissions scandal and secured the conviction of a Kremlin-linked businessman who was part of August’s prisoner swap between Russia and the West has joined the law firm Quinn Emanuel Urquhart & Sullivan. A federal prosecutor in Boston who oversaw the “Operation Varsity Blues” probe into the U.S.

Admissibility 40

Admissibility Litigation 40

E-Discovery LLC

SEPTEMBER 16, 2024

Information within this scope of discovery need not be admissible in evidence to be discoverable.” Scope of Discovery The Federal Rules of Civil Procedure provide that “parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.”

Discovery 130

Discovery Objections Interrogatories Pleadings 130

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. MacDonald v. GMC , 110 F.3d 3d 337, 340 (6 th Cir.

Closing Argument 40

Closing Argument Opening Statement Admissibility Pleadings 40

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? The facts support it: Fewer than 0.6% Let’s take a step back.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

WA Bar News

JULY 10, 2024

Via Orders entered on March 15, the Washington Supreme Court took the following actions pursuant to its inherent power over admission to practice law: Adopted the NextGen Bar Exam, with first administration to be in July 2026. See Sidebar No. SIDEBAR No. Watch for continuing coverage in future issues of Bar News.

Cross-Examination 52

Cross-Examination Admissibility Cross-Complaint Finance and Banking 52

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. Is it now admissible? What Social Media Evidence?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

MyCase

MAY 2, 2024

Clearbrief has received renowned accolades in the legal tech industry, including the 2023 Litigation Product of the Year at Legalweek and the 2022 Legalweek Leaders in Tech Company of the Year. Their platform is ideal for trial lawyers, litigation firms, and corporate legal teams. or schedule a demo.

Discovery 52

Discovery Case Management Litigation Interrogatories 52

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Through litigation spearheaded by the Innocence Project, a new trial was recently ordered. T]here are no scientific principles underlying or supporting Agent O’Neill’s opinions that would render such testimony reliable and admissible…” People v. Genrich, ORDER, July 7, 2023.

Evidence 40

Evidence Admissibility Manufacturing Litigation 40

Evidence at Trial

MARCH 22, 2023

Most litigators are generally familiar with the concept of judicial notice. In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. Just because something is judicially noticeable does not mean it's admissible. Judicial notice? 3d 576, 580 (1970).

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

WA Bar News

DECEMBER 17, 2024

Bar Admission and Disciplinary Matters), 8.4(c) Bar Admission and Disciplinary Matters), 8.4(d) The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.7 Truthfulness in Statements to Others), 4.3

Admissibility 52

Admissibility Depositions Court Rules Litigation 52