Lawyers Duties
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What Triggers an Insurer’s Duty to Preserve in a Coverage Action?
In Moorer v. Nationwide, the court ruled that an insurer’s duty to preserve does not arise merely upon claim filing or attorney involvement but begins with claim denial.
How Much Attention Does a Big Case Deserve?
Using Lively v. Wayfarer Studios as a case study, this post examines how major lawsuits strain already overburdened federal judicial caseloads.
“Just When You Thought It Was Safe to Go Back Into the Water,” A.I. Hallucinates Metadata
Generative AI doesn’t just invent facts in text; it can hallucinate metadata too. A recent Law360 article warns legal professionals about the hidden risk of AI-altered fields like author, timestamps, and even hash values. This...
Discovery Milestones Are Not a “Blank Check”
A producing party’s vague assurances to provide discovery documents “later” were found meaningless by the court in Estate of Wright v. County of Stanislaus. The case underscores that discovery deadlines are binding, not flexible guidelines,...
Attorneys Sanctioned for Social Media Research on Prospective Jurors
A federal court sanctioned attorneys $10K for violating a standing order against LinkedIn research on jurors, sparking debate over privacy, ethics, and the evolving “duty to Google” in jury selection.
When Must a Motion to Compel Be Filed? – Part 4
Courts may deny motions to compel even if filed before discovery closes. Feit Electric v. CFLT highlights that delays, even within discovery, can render such motions untimely. Strategic planning and local rules are key.
In an Asset Sale, Don’t Sell the Server That Holds Privileged Communications
A recent decision in Jim Daws Trucking v. Daws, Inc. underscores how selling a server with privileged emails can waive attorney-client privilege—raising red flags for information governance and asset purchase practices.
No More Excuses: The Legal Profession’s Tech-Education Mandate in the Age of AI
The age of AI demands more than compliance—it demands mastery. Judge Ralph Artigliere highlights Professor Bill Hamilton’s transformative approach to legal technology education, showing that ethical excellence and digital literacy are one and the same.
Definition and Application the Crime-Fraud Exception to A-C Privilege
In Burge v. Teva, the court applied the crime-fraud exception to attorney-client privilege, requiring disclosure of redacted documents that evidenced fraudulent concealment involving counsel.
Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications
A Maryland court imposed Rule 37(e)(1) sanctions against a plaintiff for failing to preserve key Facebook and text message communications, providing the jury with a special instruction on the spoliation.
Navigating a Government Investigation: Insights for In-House Counsel
A government inquiry can disrupt operations and put legal standing at risk. This guide helps in-house counsel respond effectively and protect their organizations.
My Father is a Lawyer – Are My Emails With Him Privileged?
A federal court ruled that emails between a woman and her father, a litigator, were not protected by attorney-client privilege. The decision highlights that a familial relationship alone doesn’t establish privilege without clear legal intent,...