E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

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Evidence Witnesses Discovery Litigation 130

IP Watchdog

AUGUST 31, 2022

While the Federal Circuit did side with INVT’s arguments that its patent claims were drawn to device capability and not actual operation, the CAFC opinion, authored by Circuit Judge Raymond Chen, found that INVT did not produce evidence that the accused devices possessed the capability covered by the patent claims.

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Construction Evidence Technology Litigation 72

IP Watchdog

MAY 13, 2022

On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc.

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Construction Evidence Technology Litigation 131

IP Watchdog

FEBRUARY 14, 2024

Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence. The parties mainly disputed two terms during claim construction: (1) “transaction partner” and (2) “OFF.” Mantissa sued First Financial Corporation and First Financial Bank, N.A. in the U.S. in the U.S.

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Expert Testimony Construction Evidence Litigation 64

Jonathan Leach LLC

DECEMBER 11, 2023

Participants of mock trials in El Paso will learn how to construct compelling arguments, effectively present evidence, and cross-examine witnesses. The art of persuasion, eloquence, and the ability to think on your feet is developed through practice sessions and constructive feedback from peers and mentors.

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Civil Litigation Brief

OCTOBER 21, 2024

In Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) HHJ Stephen Davies sent out a clear reminder of the duties on all parties in a Part 8 case where the court was being asked to.

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Construction Witnesses Evidence 52

E-Discovery LLC

SEPTEMBER 25, 2024

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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IP Watchdog

JULY 13, 2023

On July 7, 2023, the district court invalidated the patent for lack of written description despite rejecting an enablement defense based upon the same evidence.

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Technology Pharmaceuticals Construction Evidence 52

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. 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.

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Insurance Jury Instructions Evidence Discovery 59

E-Discovery LLC

JULY 2, 2024

Under that construct, routinely generated documents, such as internal affairs investigations, would not be protected. That court wrote that: “The deliberative process privilege should be invoked only in the context of communications designed to directly contribute to the formulation of important public policy.” citation omitted).

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Complex Discovery

SEPTEMBER 28, 2024

Despite Meta’s assertion that there is no evidence these passwords were accessed improperly or abused, the regulatory body deemed the storage method as a serious risk. “It The company stated, “We took immediate action to fix this error, and there is no evidence that these passwords were abused or accessed improperly.

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Evidence Construction Technology 86

Forensic Psychologist

FEBRUARY 15, 2020

New report slams "junk science” psychological assessments In one of two significant developments, a group of researchers today released evidence of systematic problems with the state of psychological test admissibility in court. Perhaps not so coincidentally, that test is a favorite of the aforementioned Dr. Harms, who likes to score it high.)

Evidence 52

Evidence Admissibility Objections Construction 52

Lawmatics

APRIL 18, 2024

A well-constructed intake form includes fields for a client’s basic information including name, address, contact details, and the details about the nature of their case. The more details that are requested on an intake form, the better a lawyer can qualify a lead before setting an appointment.

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Witnesses Insurance Healthcare Construction 130

IP Watchdog

FEBRUARY 7, 2022

The CAFC affirmed the district court’s denial of judgment as a matter of law (JMOL) on infringement because the jury’s verdict of infringement of the declared claims of the ‘710 and ‘032 patents was supported by substantial evidence and the district court’s construction of the claim limitation “repeat” was not erroneous.

Construction 52

Construction Evidence Technology Litigation 52

Temple University Beasley School of Law - Advocacy

JULY 10, 2023

The constitutionally-permitted technique of seeking to prompt a confession by providing false incriminating evidence ( g. , “we have video showing you near the scene”) increases the risk of false confessions and at the least can alter a person’s memory of the event. “It Custody is a pivotal construct. No custody, no warnings.

Evidence 52

Evidence Construction Objections Admissibility 52

Lawmatics

JULY 9, 2024

A well-constructed intake form includes fields for a client’s basic information, such as full name, address, and other contact details. For criminal defense matters, the intake form may request information about the charges, arrest details, interactions with law enforcement, prior criminal history, and potential witnesses or evidence.

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Witnesses Evidence Case Management Insurance 100

The Cloud Court Blog

APRIL 24, 2023

As Philip Tetlock aptly observes, “We don't naturally look for evidence that could falsify our hunches.” [ii] ii] We are not naturally what Karl Popper termed “falsificationists,” actively seeking evidence that undermines our cherished beliefs. We construct, to our peril, narratives that are fictional rather than factual.

Witnesses 52

Witnesses Litigation Depositions Motion Practice 52

Jury Analyst

JULY 6, 2023

In order for the legal process to successfully uphold the ideal of a defendants’ right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair and impartial manner. These pre-existing beliefs can color their perception and evaluation of the evidence. Participants were divided into two groups.

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Jury Selection Litigation Jury Deliberation Evidence 40

IP Watchdog

NOVEMBER 8, 2021

411 relating to whether courts must have evidence of intent to defraud before referring copyright registration validity questions to the Copyright Office. Supreme Court heard oral argument today in Unicolors v. The case asks the Court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. §

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Evidence Construction Litigation 105

Sound Jury Blog

JANUARY 8, 2024

motions in limine), but even some of those should be thought of as squirrels since they distract you from your carefully constructed litigation plan. Instead, write your closing based on the answers to these three questions: 1) What evidence or testimony is most true on its face? Yes, there are “squirrels” that are not as trivial (e.g.,

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Litigation Jury Selection Closing Argument Depositions 52

Law and Daily Life

OCTOBER 4, 2024

He oversaw significant growth in Church membership and the construction of numerous temples worldwide. Paul Rytting, who had for a long time been a director within the Finance and Records Department of the Church, provided a declaration as part of the Church's evidence. He stated that all of the $1.2

Evidence 40

Evidence Court Rules Objections Construction 40

Jury Analyst

SEPTEMBER 15, 2023

There’s always this cross-over between the facts and evidence and our beliefs. This data-driven approach can streamline the jury selection process , inform preemptive strikes, perform real-time transcription, and aid in constructing impactful visuals for trials. However, like any powerful tool, AI must be used responsibly.

Jury Selection 40

Jury Selection Voir Dire Trial Preparation Construction 40

Attorney at Work

NOVEMBER 26, 2021

A poorly constructed book can harm sales and readership. The confusion was evident in the poor reviews left by readers who scored the book low because it didn’t meet their expectations. Professional editing is such a crucial step that this tip bears repeating. But it’s worth the cost. Never settle on a title before you write the book.

Construction 130

Construction Evidence 130

CaseFox

JULY 11, 2023

Use logical reasoning, evidence to make your writing persuasive. Constructive feedback and criticism can help you grow. Using an active voice makes your writing more engaging for the readers. So make sure whenever you are writing any content it is in an active voice. Be Persuasive While writing legal documents, be persuasive.

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Legal Research Construction Evidence 52

Forensic Psychologist

AUGUST 14, 2016

Under the Frye evidentiary standard , designed to bar novel scientific methods that are not sufficiently validated, a construct must be “generally accepted” by the relevant scientific community before it can be relied upon in legal proceedings. A year later, relying on similar evidence, a judge in upstate New York ruled in State v.

Construction 52

Construction Evidence Court Rules Admissibility 52

Forensic Psychologist

OCTOBER 4, 2024

Similar evaluator variability was evident when the researchers zoomed in on OSPD diagnoses in which either hebephilia or nonconsent were proffered as its basis. for example, the court wrote : “This Court cannot help but ask, if this disorder exists, why isn't there convincing evidence that it exists outside the realm of civil commitment?

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Admissibility Evidence Litigation Construction 59

Jury Analyst

SEPTEMBER 2, 2024

Cases drawing from more voluminous pools often have juries that deliberate longer, ask more questions, and demand additional evidence, suggesting a more engaging and critical examination of the proceedings. Statistical Evidence of Pool Size Effects Data from multiple judicial settings reinforce the influence of pool size.

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Voir Dire Jury Selection Summons Cross-Examination 40

Law Sites

MARCH 18, 2024

The real contribution was constructing the robust “plumbing” through which we could deliver the data to others. For a while it was hard to know what people were doing, but now we can start to see the evidence. The plumbing we built had two main parts: an API and a bulk data service. Publicity is not the same as impact.

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Legal Research Technology Case Law Litigation 334

Practice of Law

SEPTEMBER 27, 2024

This investigation focused on whether Adams' campaign conspired with a Brooklyn construction company to funnel foreign money through a straw-donor scheme. The search of Adams' electronic devices was part of a broader investigation to uncover potential evidence related to allegations of illegal campaign donations and other corrupt activities.

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Subpoenas Construction Evidence 40

Forensic Psychologist

OCTOBER 25, 2015

In contrast to the lay public, academic scholars have remained skeptical of a construct that is too broad and amorphous to have any scientific validity; everything from viewing pornography or having an illicit affair to feeling ashamed about one's sexuality can count toward a diagnosis. The more people believe it, the more money they make."

Objections 52

Objections Pharmaceuticals Construction Discovery 52

Jury Analyst

JUNE 20, 2023

To construct a valid sample, you carefully consider the factors that may lead you to only hear from specific subgroups of people that do not represent the diverse population you are interested in. In 1948 the people with telephones were disproportionately wealthy and Republican.

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Trial Preparation Technology Trial Strategy Construction 52

Complex Discovery

JUNE 30, 2024

Russian media and officials have portrayed the debate as evidence of internal American divisions, viewing this as advantageous for Russia. Russia has been rapidly constructing multi-layered defensive positions, including anti-tank ditches, dragon’s teeth obstacles, and extensive minefields. While current U.S.

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Government and Public Sector Objections Litigation Construction 93