Navigate Litigation 2.0

Medical records win and lose civil cases. They corroborate testimony, quantify damages, and often compel early settlements. However, medical records are protected by the federal Health Insurance Portability and Accountability Act (HIPAA) and, in many states, by state-level health privacy protections as well. For this reason, litigators seeking medical records during pretrial discovery encounter hurdles…

The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both common uses of generative artificial intelligence, are covered by the certification requirement, as are discovery materials such as deposition summaries. The…

February 16 is the end of the public comment period on recently proposed federal rule changes affecting remote testimony and remote depositions. The rules revisions would make clear that federal trial courts have authority to order nonparties to give remote trial testimony from locations within 100 miles of their residence or employment address. The rules…

Hola! from Puerto Rico, where that U.S. territory’s Senate recently advanced legislation modernizing how lawyers obtain witness depositions across state lines. According to the Uniform Law Commission, a bill adopting the Uniform Interstate Depositions and Discovery Act was approved by the Senate’s judicial committee on Jan. 19. If adopted, Senate Bill 765 would amend Puerto Rico’s…

Just as it did in 2024 and 2023, the topic of artificial intelligence in litigation practice attracted the most interest among our readers in 2025. The journey from 2023 to 2025 has been interesting to say the least. The year 2023 was a time for considering the promise of artificial intelligence. In 2023, we highlighted…

The year-end holidays can be a busy and stressful time for litigators. As the holiday season approaches, family obligations increase. Courthouses are either closed or missing key personnel. A good number of lawyers, rather than take time off during the holidays, find themselves working longer hours in order to meet billable hours quotas or other…