Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

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. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 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.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Jury Analyst

MAY 19, 2023

The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. This blog post delves into the influence of media coverage on jurors’ perceptions of evidence and defendants, drawing upon the rich body of research in social psychology.

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Jury Selection Jury Instructions Evidence Voir Dire 40

Jury Analyst

JULY 17, 2023

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. Based on what we know of human psychology, it is not likely they will revise their theory based on the disconfirming evidence.

Jury Selection 40

Jury Selection Voir Dire Jury Instructions Objections 40

E-Discovery LLC

NOVEMBER 29, 2024

Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. The Court added that: This duty includes the duty to preserve any documents or tangible things (as defined by [Fed. “In

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Burden Of Proof Evidence Discovery Litigation 130