Discovery

Courtroom Courage: Judge doesn't like your objections? Here are some tips to keep them coming in meaningful way

Litigators know they need to preserve the record during court hearings, depositions or trial. And they’re aware that they generally can’t raise an objection for the first time on appeal. But still, even the most experienced lawyers hesitate on how much to object and how far to go when advocating for their clients, particularly when judges appear to lose their patience.

Jun 4, 2026 11:07 AM CDT

Judges encourage lawyers to ask more questions about their electronic evidence

The sophistication of technology and prevalence of electronic data can make it easier than ever for litigators to fight on behalf of their client. But it could also lead to more headaches and problems, according to speakers at ABA Techshow Friday.

Mar 27, 2026 6:00 PM CDT

ChatGPT creator must turn over 20M chat logs in copyright litigation, federal judge says

OpenAI, the creator of ChatGPT, must turn over 20 million chat logs in its copyright litigation with the New York Times and other news media, a federal judge ruled Monday.

Jan 8, 2026 11:13 AM CST

Building the case for trial in the last 60 days

Sadly, it is increasingly rare for cases to get to trial. When they do, it is a challenge for any lawyer to get organized in order to avoid the pitfalls. Waiting for the last minute in the vain hope a case may settle is too often a recipe for disaster. Like a good scout, it is better to be prepared.

Dec 24, 2025 8:45 AM CST

BigLaw firm made ‘Herculean’ effort to avoid discovery obligations, judge concludes

A superior court judge in Alaska has entered a judgment against Holland & Knight and ordered a trial on damages after finding that the law firm engaged in “truly astounding” failure to comply with discovery orders in a lawsuit alleging malpractice by the firm.

Nov 18, 2025 2:58 PM CST

Preparing clients for depositions is essential—but easier said than done

Benjamin Franklin said, "By failing to prepare, you're preparing to fail." Sounds wise, but I doubt Benjamin Franklin carried on a busy litigation practice.

Nov 12, 2025 12:21 PM CST

The Lawyer as Storyteller: What discovery taught me about writing

As an attorney, I was trained to live inside documents: case files, depositions, transcripts, contracts and endless emails. As a novelist, I now live inside fictional worlds. At first, those roles may seem miles apart. Yet when I sit down to draft a chapter or a legal argument, I’m reminded that both are ultimately about storytelling.

Sep 24, 2025 2:13 PM CDT

Federal judge admonishes litigant for ‘absolutely disgusting’ way she disposed of gum in court

A federal judge in Pensacola, Florida, admonished a litigant who admitted—in response to an order to show cause—that she was the person who stuck chewing gum to the underside of a courtroom table where the counsel are seated.

Jun 24, 2025 9:18 AM CDT

Lawyer for Infowars host Alex Jones gets reduced suspension over handling of confidential documents

A lawyer who formerly represented Infowars host Alex Jones has received a two-week suspension for careless handling of confidential documents after an appeals court overturned a lengthier suspension on appeal.

Mar 20, 2025 10:06 AM CDT

The End of Reality? How to combat deepfakes in our legal system

There’s nothing fake about it. The legal industry is facing a big problem with deepfakes. Courtrooms are not yet flooded with a tsunami of deepfake evidence, but with this artificial intelligence-generated technology playing with great success on social media and in fraud schemes, it’s only a matter of time before deepfakes regularly drop into the exhibit list.

Mar 10, 2025 9:10 AM CDT

From automation to generative AI, how e-discovery tools are evolving

Historically, the legal profession has been slow to embrace emerging technologies. E-discovery software, however, was an exception, largely because Congress amended Rule 26(f) to the Federal Rules of Criminal Procedure, which required its implementation. While e-discovery adoption was not always enthusiastic, it was notable, representing one of the first times legal professionals truly leaned into modern technology.

Feb 24, 2025 9:05 AM CST

How law firms can grow, address artificial intelligence and tackle other challenges in 2025

Ari Kaplan recently spoke with Lynn Tubalinal, the director of litigation support at Dykema, and Julia Voss, the director of litigation support and e-discovery at UB Greensfelder.

Feb 21, 2025 10:50 AM CST

4th Circuit upholds $1M sanction for law firm that tried to ‘sabotage’ federal court’s authority

Updated: A federal judge had inherent power to impose a $1.05 million sanction against a national law firm for asking state courts to order an end to U.S. district court litigation, a federal appeals court ruled last week.

Oct 29, 2024 3:50 PM CDT

District attorney ‘paid little attention to the five-alarm fire’ in high-profile case and should be disbarred, panel says

A Colorado district attorney should be disbarred mostly for her "absence at the helm" in a high-profile murder case in which prosecutors failed to turn over sufficient expert witness information to the defense, leading to the exclusion of experts, according to a Colorado disciplinary hearing board.

Sep 16, 2024 11:07 AM CDT

After lawyers exceed status-letter limit by ‘whopping’ 70 pages, judge sees echoes of fictional Jarndyce case

The handiwork of lawyers who crafted a joint 73-page monthly status letter won’t appear on the federal docket after a magistrate judge noted last week that it was a “whopping” 70 pages over the limit.

Jul 11, 2024 10:36 AM CDT