Civil Procedure Professional Practice

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New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

Tracking and Releasing Litigation Holds

Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law...more

Court Reporters and Legal Videographers – What is the Witness’ Name?

Court reporters have the responsibility of getting the names of deponents, witnesses in court, and attorneys. It might be surprising, but getting the spelling of a witness’ name can be challenging....more

Draft Agreements with Contract Construction Principles in Mind

Generally it’s the parties’ mutual intent that controls a contract’s interpretation. But that intent isn’t always easy to figure out. When the parties dispute a contract’s interpretation and it goes to court, the court...more

Court Of Chancery Limits Attorney Charging Lien

An “attorney charging lien” allows an attorney to recover compensation for his services from a fund recovered with his assistance....more

The Power of Visuals

As humans, we are innately prone to believe in what we see. Words can sway our opinions, but tangibility provides a certainty and faith that words at times cannot meet. As I was reading through a recent blog by Angie Ballman...more

Cautionary Tale: When a Stipulated Continuance Won’t Save You from Untimeliness

A recent case shows what happened when counsel stipulated to a continuance that took the ruling on a motion to vacate a default judgment past the jurisdictional time limit. It’s the tale of a big win, followed by a crushing...more

Motion GRANTED re Court Reporters’ Page Rates

Government Code Sections 69950 and 69954 regulate page rates an official court reporter may charge for transcripts in California Superior Courts. A lawsuit was brought by attorneys against an independent court reporting firm...more

International Depositions – Should You Attend in Person or Remotely?

International depositions involve several logistical steps which are not a concern when planning depositions in the U.S. One of the issues to address is whether you should attend your overseas deposition in person. Travel...more

Ringing in the New Year While Taking Depositions Abroad

New Year’s is a time of looking ahead with hopes for good things to come, and people wishing each other health, happiness and success in the coming year. Festivities are varied, ranging from church services to fireworks, and...more

New 2016 Law Applies to California Deposition Notices

A new law requires language to be added to Notices of Deposition, AB 1197, effective January 1, 2016, authored by Assemblywoman Susan Bonilla. CA CCP 2025.220 now reads as follows with the addition of section (8):...more

Legal Process Management: A Value-Driven Approach

What is Legal Process Management? Legal Process Management applies continuous improvement and change management principles to legal processes, maximizing both the micro- and macro-effects of those changes with the end...more

Prepare Your Expert to Testify: A Checklist

Whenever you have retained an expert witness to testify in your case—whether in deposition or at trial—you need to prepare yourself and the expert. Don’t just sit back and assume that the expert, who many have testified many...more

2015 California Rules of Court – Appeal Transcripts – Court Reporters Do Not Provide “Fee Waivers”

Due to the fact that many civil courtrooms throughout California no longer have court reporters, and attorneys need to bring in a pro tem court reporter for hearings and trials, some of the procedures in regards to filing...more

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part II

Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations. In each case, the court held that the defendant undertook its investigation in the ordinary course of its...more

Legal Advice Privilege In The Context Of A Regulatory Investigation

In this case report, we consider the decision of the High Court in Property Alliance Group Ltd v The Royal Bank of Scotland plc [2015] EWHC 3187 (Ch) (5 November 2015). In the latest in a series of procedural decisions in...more

Hong Kong International Arbitration Centre – Ranked as Most Improved Institution

Queen Mary University of London has recently released the findings of its sixth annual international arbitration study. Among those findings is the HKIAC’s ranking as the most improved arbitration institution. The top...more

Social Media and Practice: Questions Attorneys Should Ask Now

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

Handling Difficult Depositions Like a Pro

Depositions are a critical part of any case. For many lawyers, a deposition will be your first time taking testimony or making contemporaneous objections. This can be intimidating, especially if you perceive your opposing...more

Oops! The Court Reporter Didn’t Swear In the Witness

The Court Reporters Board of California periodically receives calls from frazzled court reporters who realize they forgot to swear in the witness, and the deposition had started. I know sometimes when an attorney says, “Let’s...more

Enjoying Local Culture While Taking International Depositions

International travel for your depositions can be exhausting — and not nearly as glamorous as it may seem. However, traveling around the globe to take depositions or other legal proceedings is certainly not without its perks....more

Popular Electronic Discovery Reads on JD Supra

Popular reads focused on electronic discovery and related matters, ICYMI....more

International Depositions and Visa Requirements

When planning international travel, visa requirements can sometimes throw a monkey wrench into the process. This is bad enough when planning a highly anticipated vacation. When planning international travel for business,...more

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