No Chevron Deference in Deciding Scope of “Machinegun Parts”
A federal appellate court says the ambiguous statute is not subject to administrative legal deference.
Litigation News | Summer 2023
Volume 48, Issue 4
Features
Do Online Disabled Testers Have Standing to Sue?
SCOTUS will step in to resolve the circuit split on standing for informational injury regarding online hotel booking systems.
Dual-Purpose Communications: Separating Legal and Business Advice
Federal court attempts to provide clarity to attorney-client privilege test where communications contain more than a legal purpose.
Columns
How Real Are Deepfakes?
Technology is expanding to both create and expose these computer-generated video deceptions, which have grown exponentially in the past few years.
AI: The New Legal Frontier?
Many questions arise with the rapidly developing AI available for public use—and the law is having trouble keeping up.
Engaging Your Jury with Demonstrative Exhibits
A good demonstrative exhibit can add kinetic energy and color to highlight testimony that would otherwise be static, undifferentiated, or unapproachable.
Keeping the Journey in Perspective
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.
Departments
Avoiding Spoliation Sanctions in the New Universe of AI
Navigating the evolving ESI preservation requirements to stay on the right side of a Rule 37 motion.
Court Sanctions Attorney for Feeding Deponent Answers
Counsel disqualified for using a mask to hide that he was providing answers during a video deposition, case not dismissed
Court Strikes “Inflammatory” Briefs and Orders Do-Over
Irrelevant personal attacks by counsel from both parties in a motion violate professional ethics standards
No Duty to Correct False Deposition Testimony Says State Bar
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