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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

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. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

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Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Expert Witness Blog

Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.

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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

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CAFC Dismisses USPTO’s Appeal on Expert Witness Fees in Hyatt II Based on Supreme Court NantKwest Analysis

IP Watchdog

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. Patent and Trademark Office (USPTO) in the 1990s.

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Rhymes and Crimes: Fourth Circuit Uses Rap Lyrics as Evidence in Drug Trafficking Case

Practice of Law

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." What if the documents are lost or missing? Code § 1521(a). Code § 1271.

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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. should not be considered as evidence. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. Irwin (E.D.