By Michael W. Mitchell and Edward Roche | August 5, 2020
The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
Daily Business Review | Commentary
By Ryan McCarthy | June 22, 2020
Because the majority of the focus has been on the virtual (and visual) aspect of court hearings, this article addresses another way to gain the competitive edge—revisiting the fundamentals on effective legal writing.
Daily Business Review | Commentary
By Dan Small | June 3, 2020
True witness preparation is an intensive and extensive process that should be done in person, face-to-face. But the current COVID-19 crisis has created a world in which often the preparation, and the testimony or interview itself, must be done remotely.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | June 1, 2020
A district court recently found some actions taken while under a duty to preserve indicative of intentional spoliation, including the company and CEO's use of ephemeral messaging, the failure to disable auto-deletion of emails, and the reformatting and other spoliation of devices allegedly used to transfer trade secret information. In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss how the clearly frustrated court issued case terminating sanctions for this "staggering" discovery misconduct.
By R. Robin McDonald | May 22, 2020
The proposed rule, which would also allow judges to conduct non-jury civil trials by videoconference, garnered more than 200 comments, including multiple letters from organizations representing hundreds of lawyers.
The Legal Intelligencer | Commentary
By Marjorie J. Peerce, Eugene R. Licker, and Heath P. Khan | April 14, 2020
In this article, we offer some practical tips for in-house lawyers to be aware of as they supervise their teams of in-house and outside counsel.
By Josh Yount | April 13, 2020
The U.S. Court of Appeals for the Seventh Circuit's decision toward the end of last year in Groves v. United States, 941 F.3d 315 (7th Cir. 2019), is quite unusual. It repudiates a long-standing Seventh Circuit precedent regarding the timeliness of interlocutory appeals sought under 28 U.S.C. Section 1292(b).
By Rosie Adcock and Alexandra Hirst, Boodle Hatfield | April 8, 2020
Various remote hearings and online procedures are taking place, bringing with them new benefits and complications.
By Angela Morris | March 17, 2020
The Texas Constitution mandates that Texas courts remain open to the public. As the coronavirus continues changing court operations, and more hearings move to telephone or video conference, judicial leaders are brainstorming ways to allow the public to listen or watch.
By Alaina Lancaster | March 17, 2020
A California appellate court found that the state's Department of Fair Employment and Housing must hand over an email its lawyers received from a transgender woman alleging discrimination at a local gym.
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