Navigate Litigation 2.0

Are you feeling “left behind” or possibly irrelevant because you’ve yet to integrate artificial intelligence into your law firm’s operations? You could easily feel that way after reading the 2025 Future of Professionals Report, published last week by Thomson Reuters. The report paints a dire picture for lawyers who are tardy to the generative AI…

Seeing is believing, and that’s a problem when it comes to deepfake evidence in court. We’ve already remarked on the many instances where careless use of generative artificial intelligence is flooding courthouses with legal arguments supported by hallucinated case citations. Litigators and court clerks today are spending time vetting an opposing party’s pleadings for superficially…

California courts take seriously their rules against gamesmanship in pretrial discovery – as one lawyer recently learned. A stiff sanction, nearly $10,000, was the price he paid for refusing to turn on his laptop’s webcam, despite multiple requests from the questioning attorney, in a deposition where his on-camera client was clearly looking for help answering…

Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. Texas, an economically and legally significant jurisdiction, took the latest step toward adoption on April 30 when the Texas Supreme Court proposed revisions to Texas…

Most uses of artificial intelligence in litigation carry great promise but little risk. That’s not the case with generative AI tools employed to draft legal pleadings. Despite the best efforts of courts and bar groups to promote careful, ethical behavior within the legal community, generative AI tools are continuing to produce sanctionable missteps in litigation.…

Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules drafters up on that invitation, sometimes denying otherwise lawful discovery that, in the judge’s view, could (and should) have been conducted in a more…