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Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

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

Next Generation E-Discovery Law & Tech Blog

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.

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Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. Johnson & Johnson , the Court considered the impact of an expert witness' declaration after certain hearsay evidence was excluded pursuant to People v. In Strobel v. Sanchez."

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

The repercussions of using non-court information during deliberations cannot be overemphasized. Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations.