Article Gateway / Law
Original analysis and practical insights of litigation, business, technology, and public law.
Featured analysis
Copyright and Technology
AI-Assisted Works and Copyright: Identify the Human Expression
Human authorship remains central to U.S. copyright. The practical task is to identify protectable contributions without treating registration as a clearance opinion.
Administrative Law
Administrative Litigation After Loper Bright: Separate Legal Meaning from Agency Judgment
A useful federal agency challenge identifies which question belongs to the court, which choice Congress delegated, and which factual judgment the record must support.
Civil Litigation and Discovery
Preserving Digital Evidence Before a Rule 37(e) Dispute
A practical framework for litigation holds, lost messages, restoration efforts, and the separate findings required for curative measures and severe sanctions.
More from Law
Contracts and Arbitration
Arbitration Delegation After Coinbase v. Suski: Start With the Contract That Governs
A delegation clause can assign arbitrability questions to an arbitrator, but conflicting agreements require an earlier inquiry into what the parties actually accepted.
Employment Law
Title VII After Muldrow: Proving Harm From a Job Transfer
An unchanged salary does not end a discriminatory-transfer claim. Counsel should identify the employment disadvantage, then separately prove discriminatory causation.
Federal Litigation
APA Deadlines After Corner Post: Injury Starts the Clock, but Other Gates Remain
A plaintiff-specific accrual rule expands the potential timing of some agency challenges without eliminating finality, exhaustion, special review deadlines, or remedial limits.
Privacy & Civil Procedure
Data Breach Standing After TransUnion: Proving Concrete Injury and Class Membership
Privacy litigation requires a factual account of harm for each claim and remedy, with particular attention to disclosure, present loss, future risk, and classwide proof.
Privilege and Discovery
A Rule 502(d) Order Needs a Working Clawback Procedure
How federal nonwaiver protection, privilege descriptions, and the handling duties under Rule 26(b)(5)(B) fit together.
Evidence and Trial Practice
Building an Expert Record That Satisfies Amended Rule 702
The 2023 amendment puts the burden and the limits of each opinion at the center of federal expert-admissibility practice.
Federal jurisdiction
After Removal, an Amended Complaint Can Change the Forum
Royal Canin makes the operative complaint central to supplemental jurisdiction. Counsel should reassess the forum whenever federal claims disappear.