Search

Over the last number of years, the senior care industry has become a tangled web of entities, all trying to turn a profit. The result is that a variety of [...]

In recent years, more and more lawyers have sought and successfully obtained audit trail evidence in medical negligence cases. This evidence shows who accessed or tried to access a patient's [...]

The federal government's rules about getting information show that there is a greatly underused tool available for enforcement and discovery in family law cases. This is the use of interrogatories. [...]

In big-data cases, predictive coding can help both plaintiffs and defendants conduct electronic discovery quickly and cost-effectively. With early collaboration between parties and post-review testing, you can be confident you're [...]

DOCUMENT review accounts for an estimated 70% of all e-discovery costs. This means that document review also represents the greatest area of potential cost savings in e-discovery. Over the past [...]

[ILLUSTRATION OMITTED] Identifying the proper defendant in a products liability case is imperative. Early research can put your client's case on the right track. In a global marketplace, many products [...]

SO-CALLED "Lone Pine" orders are a hybrid litigation tool. Named after an unpublished New Jersey trial court opinion, 1 these orders are now "a common trial management technique in toxic [...]

One of the greatest frustrations many of our clients--and we, as their advocates--face is the realization that the high cost of litigation too often dictates how far and how determinedly [...]

Manufacturers often use a regulatory 'back door' to market new medical devices without clinical testing. When your client is injured by an unsafe device, its approval trail can provide a [...], AAJ SECTION Products Liability www.justice.org/sections AAJ LITIGATION GROUP Preemption Law www.justice.org/litgroups LITIGATION PACKET A Guide Through Preemption www.justice.org/litigationpackets AAJ EDUCATION PROGRAM Medtronic Program--2013 Annual Convention www.PlaybackAAJ.com

When the Supreme Court bolstered defendants' federal preemption arguments in medical device cases, defendants heralded it as the end of medical device litigation. But recent cases give plaintiff lawyers room [...]

With more devices connected to the Internet than there are people on Earth, it comes as no surprise that individuals' online activities often fall squarely within the scope of discoverable [...]

When requesting government records, remember that the production of personnel records are governed by many rules of the federal government. The starting point for each inquiry is the Privacy Act [...]

What better way to disprove a plaintiff 's claim for emotional distress than to dig up exuberant photographs and postings on Facebook? At least two recent cases have grappled with [...]

Woody Allen observed that 80 percent of life is showing up, (1) but driving a car requires much more than mere presence-it demands attention and focus. As technology allows drivers [...]

Despite the complexities of challenges inherent in any dispute that is legally contentious, the fact that records will need to be produced from varied and potentially untrustworthy sources makes the [...]

As redundant as this phrase may sound, new technology has a way of causing things to become more technical. That's what's happening in the world of ESI (electronically stored information). [...]

Social media is connection. It is communication, a rather unlimited form of it with people speaking to a large audience. For businesses, social media is offering a whole new way [...]

The interdependent nature of team sports raises certain unique issues when it comes to preservation and production of electronic documents and information. This article explores and examines some of these [...]

WHAT SHOULD A FAMILY LAW ATTORNEY DO IF, in the midst of a divorce or custody case, the client reports that a spouse has downloaded pornography onto the family computer? [...]

Metropolitan Life Ins. Co. v. Glenn (1) has generated a number of questions for district courts. Perhaps the most frequently litigated issues, with respect to which district courts ham responded [...]

The majority of information used in the operation of modern businesses is created and stored electronically, and much of this information is never printed on paper. (1) Electronically stored information [...]

Amendments to the Federal Rules of Civil Procedure relating to electronic discovery became effective on December 1, 2006. (1) Along with the new rules came significant challenges to the small [...]

The US District Court for the Eastern District of Virginia (the EDVA) remains a popular forum for litigating patent infringement cases, particularly in technology and pharmaceutical matters. In the wake [...]

Experienced attorneys know that embracing new technologies, such as social networking sites, can make the difference between winning and losing cases. While once relegated a pastime of tech-savvy college students, [...]

For more than half a century, Rule 8 of the Federal Rules of Civil Procedure has required "a short and plain statement of the claim showing that the pleader is [...]

Lawyers on opposing sides of a case are, by definition, adversaries. But too much adversarialism can cause them to lose touch with the goals of the litigation and clients' long-term [...]

You evaluated and took in a significant trucking personal injury case. You completed a thorough investigation and are on top of recent developments in trucking case law. You and your [...]