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eDiscovery Update: Judge Peck recommends using TAR, but choice is yours … for now

Dear John, I have a new case in federal court and I anticipate that both parties will need to sift through a high volume of electronically stored information (“ESI”) for potentially relevant documents. Opposing counsel wants the parties to take ...

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Commentary: Equity at the Supreme Court

The Supreme Court said two interesting things about equity last week. First, there were the last two substantive paragraphs of North Carolina v. Covington, a decision vacating a district court’s order that required a special election in North Carolina. The ...

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Commentary: Body cameras aid police accountability, but don’t let them erode privacy

A few weeks ago, the nation’s largest municipal police force, the New York City Police Department, started equipping its officers with body-worn cameras, an initiative touted as a revolution in policing. But for police reformers and privacy advocates — and ...

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Legal Bytes: The Turtles’ fight for public performance fees in pre-1972 recordings

There’s a bitter irony that 1960s pop band The Turtles’ biggest hit record, “Happy Together,” was born of a group that in its few years of making records drifted through personnel changes, producers and multiple managers, ultimately disbanding due to ...

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Commentary: Supreme Court ruling opens new avenues to fight gerrymandering

Sometimes the most important stuff in Supreme Court opinions is hidden in the footnotes. In Monday’s Supreme Court ruling striking down two North Carolina congressional districts as unconstitutionally influenced by race, the majority buried a doozy, a potentially powerful new ...

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Commentary: How to not dumb down your complicated case

Attorneys sometimes talk about “dumbing down” their case before presenting it to jurors. Certainly, many issues need to be explained in an orderly and simple way, and that process could be called “dumbing down.” But, from my perspective, the expression ...

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Civil Litigation: Multi-tiered dispute resolution clauses: Pre-arbitration procedure


“Everything in its right place.” — Radiohead Mise en place is a French culinary phrase often used in professional kitchens to refer to preparing and arranging the ingredients a chef will require for a meal before service begins. In short, ...

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