Depositions

News & Analysis as of

Board Rejects Attempt to Add Testimony to Preliminary Response

As we have discussed, the proposed PATENT Act contains provisions that alter many facets of IPR proceedings. One of those potential changes is a new ability to include affidavits or declarations of supporting evidence and...more

Depositions in India

The first step (and possibly the longest) in preparing to take depositions in India is to obtain a visa to enter the country. A visa is required for any U.S. citizen traveling to India, and the process to secure an Indian...more

Court Takes a Common Sense Approach to Rule 30(b)(6) Depositions

Rule 30(b)(6) of the Federal Rules of Civil Procedure allows corporations' adversaries to insist that the corporation select a spokesman to provide binding testimony about designated topics. These depositions almost...more

Site Inspection in Denmark

If you need a site inspection at a location in Europe (Denmark, for example) to document evidence in a case, a skilled videographer is essential for an effective recording. Europe is a popular destination, and while...more

Designer Depositions in Taiwan

In a recent article published in the Hemisphere Magazine, Taipei was dubbed “The Next Great Design Center.” What was once seen as shoddy workmanship, “Made In Taiwan” is now worn as a badge of honor. Taipei was recently...more

Court Reporters – Four Tips on What to Expect at an I.M.E.

Attorneys need Individual Medical Examinations to be reported and certified from time to time. An Independent Medical Examination is conducted by a doctor, chiropractor/physical therapist whom has not previously been...more

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

2025.520(c) – What Happens if the Witness Can’t Get to Reporter’s Office?

There are two methods for reading, correcting and signing deposition transcripts in California. Method #1: At the conclusion of a deposition in California, the deposition officer shall send written notice to the...more

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more

Conducting Depositions in France – Part Two

In a previous blog, we outlined the process of taking depositions of French citizens and third-country nationals before a diplomatic or consular officer of the United States. Depositions of French citizens and third-country...more

Develop a Routine: Stock Questions to Ask in Every Deposition

Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Every attorney should develop a list of stock questions and ask them of most...more

Conducting Depositions in France – Part One

Depositions of U.S. citizens in France may be conducted without any special requirements or restrictions and can be scheduled much as they would be in the U.S. If you are conducting a deposition of a French citizen or...more

PTAB Issues Subpoenas in Two IPR Proceedings

To date, the PTAB has sparingly used its power to issue subpoenas in inter partes review proceedings. In two recent cases, Marvell Semiconductor, Inc. v. Intellectual Ventures I LLC, (IPR2014-00553) and LG Chem, Ltd. v....more

Court Allows Deposition of Computer Forensics Specialist to Aid in Discovery (Florida)

Procaps S.A. v. Patheon Inc., 2015 WL 1880346 (S.D. Fla. Apr. 24, 2015). The plaintiff failed to place a litigation hold on its documents which resulted in an inadequate search for responsive information in discovery....more

Class Action Plaintiffs’ Failure to Appear at Deposition Deemed Not Prejudicial Enough for Dismissal

In a class action brought against Amtrak, two plaintiffs, Guerra and Whitesides, both of whom had submitted declarations in support of plaintiffs’ motion for class certification, failed to appear at their scheduled...more

District Court Denies Motion to Compel and for Sanctions Where CFO Could Not Be Compelled to Testify on Broad Deposition Topics...

Plaintiff Stoneeagle Services, Inc. ("Stoneeagle") filed a motion seeking sanctions against Defendant Premier Healthcare Exchange, Inc. ("PHX") for failing to provide a prepared corporate representative to testify pursuant to...more

A Matter of Interpretation — Ensuring the Reliability of the Record

The memorialization of witness testimony is a process of precision. The court reporter makes a verbatim record of the questions asked and the answers given. The accuracy of the resulting transcript is the basis upon which...more

Errata sheet? We don’t need no stinkin’ errata sheet

In one scene of John Huston’s classic 1948 film “The Treasure of the Sierra Madre” a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales. Bogart’s character, Fred Dobb asks: “If you’re the...more

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

International Depositions by Written Questions

Conducting depositions abroad by written questions can save significant time and money. It is helpful to submit the written questions and, if present, opposing counsel’s objections, prior to the deposition date so the court...more

Travel Tips for International Depositions

International depositions require seamless coordination, flawless organization, and good timing. Advanced planning and attention to detail is essential to ensure a successful outcome. When traveling internationally for...more

Planning Depositions in Spellbinding Italy

Italy is famed for her contributions to art throughout the ages (the David, the Sistine Chapel, the Mona Lisa, to name but a few), as well as her savory cuisine and the hospitality of her people. Italy’s natural beauty, from...more

Hoosier Daddy? Indiana Supreme Court Defers to Trial Court Forum Non Conveniens Decision

The imminent retirement of David Letterman sent our mind back to all those grim law school days that foreclosed any smiles until after midnight, when Letterman's velcro suit, random items heaved off a roof, and stupid pet...more

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