Navigate Litigation 2.0

Expert’s use of artificial intelligence is continuing to create headaches for litigators. Recently a federal court in Connecticut concluded that an expert witness’s prompts into an AI tool were discoverable, a ruling that seems likely to be widely embraced. And then there was the case of the artificial intelligence expert whose report was contaminated by…

Environmental litigation in Connecticut has revealed yet another AI-related banana peel for lawyers to slip on. Namely, the discoverability of prompts provided to artificial intelligence software by the opposing party’s expert witness. Earlier this summer, a federal district court in Connecticut ruled that an expert witness’s AI prompts were within the scope of discovery under…

Effective August 1, a recently revised Indiana court rule gives that state‘s trial judges the authority to impose tough sanctions on litigants who submit any pleadings “citing fictitious legal authority.” The new rule will require attorneys to draft court filings with the greatest care, or risk crippling sanctions. The Indiana court rule, Cause No. 26S-MS-8,…

The deposition of an opposing party’s in-house counsel is a tempting target in high-stakes litigation, but nowhere more so than in Texas, a jurisdiction more permissive than any other when it comes to deposing lawyers for the opposing party. Federal courts and nearly every other state court require that parties seeking to depose opposing in-house…

Watching the Uniform Interstate Depositions and Discovery Act’s slow crawl toward acceptance in all 50 states can be as stimulating as watching paint dry. Forty-eight state enactments, just two more to go. What’s taking so long? Outside of a 0-0 tie after 90 minutes of FIFA World Cup “action,” nothing beats for sheer tedium the…

If you take depositions in Georgia, the rules that govern who can make your record just got clearer. On July 1, 2026, House Bill 1208 took effect, updating Georgia’s Civil Practice Act to require that depositions be taken before a certified court reporter — and removing the outdated requirement that testimony be captured “by stenographic…