Professional Practice Civil Procedure

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E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Ohio Supreme Court Amends Attorney Rules Of Professional Conduct To Specifically Allow Attorneys To Provide Legal Services To...

As previously reported in a Reminger Report back in September of this year, in June of 2016 the Ohio legislature passed a law to allow medical marijuana in Ohio. The law, which was passed was significantly more stringent...more

It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published...more

Make Sure Your Summary Judgment Pleadings Are Appeal Ready

Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor....more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

The Light that Shone One Dim Winter Afternoon: The Story of the First E-Discovery Day Celebration

E-Discovery Day is just around the corner, and people are already gearing up for a great lineup of webcasts with speakers from across the industry, as well as live events in various cities across the US. December 1st is the...more

California Attorneys – Who Files Original Deposition Transcript?

Recently I read a stipulation by Southern California attorneys that the court reporter was relieved of his duty to file the original deposition transcript with the court.   Filing the original deposition transcript with the...more

Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and...more

In-Firm Privilege: Lawyers Have Legal Problems Too

For many years in the modern era of law firms, a few federal district court decisions starting in the 1980s set forth the notion that lawyers and law firms could not invoke the attorney-client privilege to shelter...more

Does Your Legal Team Measure Up? Find Out with Exterro’s 2016 In-House Legal Benchmarking Report

Benchmarking as a form of measurement began with cobblers having the shoe buyer put their foot on a bench to be measured and marked. Then the term was used by surveyors who would establish a “bench mark” on a permanent object...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

Hangeul Proclamation Day

October 9th marks the date that Hangeul (meaning great script) was originally proclaimed the writing system for the Korean language, departing from the use of Chinese characters. The holiday was officially designated in 1945...more

Play it Again

Over the weekend, I took myself to the Great Frederick Fair to see and hear the incomparable Vince Gill. I had wanted to see him for years, and I was not disappointed! He played all his hits, engaging his audience with his...more

International Travel Chronicles Part 2

The previous blog in this series highlighted the shock of different technologies encountered during international travel. But there are other discoveries to be made when traversing the globe. Sometimes a local can act as an...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

New California Law Certified Shorthand Reporters at Arbitrations – CCCP 1282.5

Governor Brown approved Senate Bill 1007 which gives a party to an arbitration the right to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing as the official record. The bill was authored...more

Best Practices for Attorneys re the Court Reporter at Hearings

In many county courthouses throughout California, Friday is law and motion day. Every hour a new calendar is called by the judge with approximately 10 matters. Attorneys will hire a court reporter to report their hearing if...more

Redacting Confidential Portions – After the Fact

A recent blog highlighted the benefit of designating confidential portions to be redacted while at the deposition. Portions designated as such are redacted at no cost. So, depending on the size of the case and the extent of...more

Is Your Client Prepared?

Depositions are commonplace for litigation attorneys; however, we may sometimes forget that they are not routine for our clients. Many times our clients have never given a deposition. Even if a client has been deposed once...more

Third Circuit Rejects Class Certification for Widener Law Grads

A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in...more

My Class Action Checklist

For a number of years now, I have enjoyed successfully resolving complex class action matters. The cases are challenging, the counsel astute and the results rewarding....more

Only 105 Days Until E-Discovery Day! It’s Never Too Early to Start Planning How You’ll Celebrate

One of the main themes that came out of Exterro's 2016 Judges Survey was that e-discovery competency was significantly lacking amongst attorneys and other e-discovery practitioners. As one attorney put it, “Litigators tend to...more

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

Third Circuit Remands "Meaningful Attorney Involvement" Decision

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

Third Circuit Remands “Meaningful Attorney Review” FDCPA Decision with Instruction to Consider Article III Standing Under Spokeo,...

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more

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