Summer 2023, Vol. 48, No. 4

Features

Trial Practice

Do Online Disabled Testers Have Standing to Sue?

By Frances Codd Slusarz

SCOTUS will step in to resolve the circuit split on standing for informational injury regarding online hotel booking systems.

Discovery

Dual-Purpose Communications: Separating Legal and Business Advice

By Onika K. Williams

Federal court attempts to provide clarity to attorney-client privilege test where communications contain more than a legal purpose.

Columns

Trial Practice

How Real Are Deepfakes?

By John M. McNichols

Technology is expanding to both create and expose these computer-generated video deceptions, which have grown exponentially in the past few years.

Ethics

AI: The New Legal Frontier?

By Hon. Mark A. Drummond (Ret.)

Many questions arise with the rapidly developing AI available for public use—and the law is having trouble keeping up.

Trial Practice

Engaging Your Jury with Demonstrative Exhibits

By Hon. Carl A. Aveni

A good demonstrative exhibit can add kinetic energy and color to highlight testimony that would otherwise be static, undifferentiated, or unapproachable.

Lawyer Wellness

Keeping the Journey in Perspective

By Joseph P. Beckman

Reading my friend's obituary, plus helping to write my mother's, has inspired me to wonder a bit about how my own might read.

Discovery

Predictive Coding Technologies for the Modern Lawyer

By Rachel A. Harris

A new resource for cutting-edge electronic discovery that every lawyer needs to practice in the ever-evolving digital world.

Departments

Discovery

Avoiding Spoliation Sanctions in the New Universe of AI

By Lauren Gregory Liepold

Navigating the evolving ESI preservation requirements to stay on the right side of a Rule 37 motion.

Trial Practice

U.S. Plaintiffs Lose Venue Battle in International Dispute

By Stephen Carr

Convenience and interest of justice outweigh original choice of forum in Illinois and move the case to Arkansas

Discovery

Court Sanctions Attorney for Feeding Deponent Answers

By William H. Newman

Counsel disqualified for using a mask to hide that he was providing answers during a video deposition, case not dismissed

Client Protection

Court Strikes “Inflammatory” Briefs and Orders Do-Over

By Jared H. Lorenz

Irrelevant personal attacks by counsel from both parties in a motion violate professional ethics standards

Discovery

No Duty to Correct False Deposition Testimony Says State Bar

By William H. Newman

The rule did not apply because only the deponent lied and not the attorney, so long as the attorney did not use the false testimony

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Summer 2023, Vol. 48, No. 4

No Chevron Deference in Deciding Scope of “Machinegun Parts”

PDF and EPUB

Features

Do Online Disabled Testers Have Standing to Sue?

Dual-Purpose Communications: Separating Legal and Business Advice

Columns

How Real Are Deepfakes?

AI: The New Legal Frontier?

Engaging Your Jury with Demonstrative Exhibits

Keeping the Journey in Perspective

Predictive Coding Technologies for the Modern Lawyer

Departments

Avoiding Spoliation Sanctions in the New Universe of AI

U.S. Plaintiffs Lose Venue Battle in International Dispute

Court Sanctions Attorney for Feeding Deponent Answers

Court Strikes “Inflammatory” Briefs and Orders Do-Over

No Duty to Correct False Deposition Testimony Says State Bar

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