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

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

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

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. There's reference to an out-of-court statement? Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. Last month's Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

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

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Harrison , 651 F.2d 2d 353, 355 (5th Cir.

Evidence 52

Evidence Hearsay Rule Witnesses Admissibility 52

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 96

Depositions Witnesses Objections Discovery 96

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 88

Discovery Pleadings Cross-Complaint Litigation 88

Law and Daily Life

OCTOBER 4, 2024

The evidence presented at trial were the five statements made by Church officials or in Church publications stating that no tithing funds were used for the project, the declarations from Nielsen and Clarke, and financial records showing the transfer of funds from Ensign Peak Advisors. He stated that all of the $1.2 That was last summer.

Evidence 40

Evidence Court Rules Objections Construction 40

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 114

Defense Strategy Precedent Discovery Depositions 114

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 56

Telecommunications Technology Court Rules Evidence 56

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 98

Arbitration Evidence Case Law Mediation 98

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

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

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

Joseph, Hollander & Craft

JULY 3, 2024

What changes, however, in the event of an inadvertent breach would be the applications of Rules 8.3(b)–(d) An inadvertent breach is not likely to be a crime or evidence of dishonesty. It also seems unlikely that an inadvertent breach without intent to release documents would be deemed punishable under Rule 8.4(d).

Real Estate 52

Real Estate Court Rules Education Evidence 52

E-Discovery LLC

JUNE 1, 2024

I suggest that there is a better mousetrap that balances the Court’s need, in light of its heavy caseload, to efficiently handle unremarkable, dispute-resolution appeals in unreported, nonprecedential decisions, with a litigant’s countervailing natural desire to cite any supporting judicial decision, whether reported or not.

Precedent 130

Precedent Discovery Admissibility Litigation 130

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

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 84

Witnesses Objections Litigation Court Rules 84

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Section 356 is a fairly simple rule but, as the cases below explain, there are a couple principles to keep in mind. Party admission?

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

IP Whiteboard

NOVEMBER 19, 2020

of the Federal Court Rules of documents that refer to, relate to or record, among other things, the relationship between the prospective respondent and each of its suppliers including Codimark. of the Federal Court Rules. the prospective respondent) in accordance with that rule. of the Federal Court Rules.

Discovery 52

Discovery Court Rules Retail Evidence 52

Forensic Psychologist

AUGUST 14, 2016

Supreme Court rulings, such offenders must have a mental disorder in order to qualify for prolonged detention after they have served their prison terms. “It This, Judge Conviser noted, is strong evidence against the government’s position that hebephilia is “generally accepted” by the relevant scientific communities.

Construction 52

Construction Evidence Court Rules Admissibility 52

Law and Daily Life

OCTOBER 7, 2024

However, legal experts and court documents reveal a more nuanced situation. Judge Orders Filings from Parties It’s all related to a landmark Supreme Court ruling from this past July, which broadened the scope of presidential immunity but left it to lower courts to determine the specifics.

Witnesses 40

Witnesses Court Rules Evidence 40

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Jury Deliberation 40

Jury Deliberation Evidence Jury Selection Jury Instructions 40

E-Discovery LLC

AUGUST 15, 2024

After stating that disqualification is an extraordinary remedy, the court wrote that “the record clearly shows that Lambert deliberately violated multiple court rules and orders and continues to do so despite having had ample warning of the consequences and assuring the Court she would comply. at *12 (emphasis added).

Discovery 130

Discovery Litigation Evidence Court Rules 130

3 Geeks and a Law Blog

SEPTEMBER 12, 2023

So, you know, does it identify or does it specifically, you know, identify people charges, key evidence quotes. What are the key evidence? I mean, are you using you know, semantic are you using Are you it’s the amount of information submitted generally is the amount of references of a particular thing. How does it work?

Energy and Utilities 59

Energy and Utilities Legal Research Insurance Depositions 59

Practice of Law

JUNE 25, 2024

Other states have attempted to block or restrict treatments for trans patients with legislation, only to find those measures invalidated by courts. Clayton County , when the Supreme Court ruled that employers could not discriminate against employees on the basis of their sexual orientation or gender identity.

Healthcare 75

Healthcare Precedent Court Rules Insurance 75