Depositions

News & Analysis as of

Express Waiver of Assumption of Risk – Gross Negligence Exception

Stacey Chavez, et al. v. 24 Hour Fitness USA, Inc. - Court of Appeal, Sixth Appellate District (July 8, 2015) - California’s public policy in favor of sporting and leisure activities provides strong support for...more

Depositions in Croatia

As a party to the Hague Evidence Convention, Croatia requires prior permission from the Croatian Central Authority when taking depositions of Croatian or third-country nationals. Letters of request must be sent to the...more

August 2015: Trial Practice Update

Use of Video Testimony at Trial. There’s an old saying that a picture is worth a thousand words, and a newer saying that a video is worth a thousand pictures. In our experience, this is especially true in jury trials, where...more

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

Class Action Defense Cases – Williams v. Superior Court: California Appellate Court Affirms Trial Court Order Limiting Discovery...

Plaintiff’s Pre-Class Certification Discovery Request for Contact Information of Putative Class Members Properly Limited to Employees who Worked in the Same Store Location as Plaintiff California Court of Appeal...more

5 Tips for a Successful International Mobile Videoconference Deposition

Last month a paralegal called Kramm to inquire whether we could set up a Skype-like deposition (mobile videoconference) to depose a witness in Moscow. The attorneys would be in San Diego. The paralegal had questions about the...more

D.C. Circuit Confirms: Attorney-Client Privilege Applies to Internal Investigations of Whistleblower Complaints Conducted at the...

The ability to preserve privilege for highly sensitive internal investigations conducted at the direction of attorneys is alive and well. In a closely watched decision on the scope of the attorney-client privilege as applied...more

D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

On August 11, 2015, in United States ex rel. Barko v. Halliburton et al., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), the U.S. Court of Appeals for the D.C. Circuit issued an important opinion vacating another series of...more

The Value of Experience

Realtime court reporters provide more than just an accurate transcript of your deposition. With use of the latest in technology, they provide an immediate, verbatim record of the testimony which you and your team can view...more

Depositions in the Czech Republic

Depositions may be conducted in the Czech Republic regardless of the witness’ nationality, provided no compulsion is used. (This makes the Czech Republic an excellent venue to depose a willing Austrian witness, as Austria...more

Be Very Careful If You Are Instructing Your Clients Not To Answer Questions At A Deposition

In an (unpublished) Order last week in Griggs v. Bittersweet Farms, LLC, Judge McGuire ruled that Plaintiffs' counsel's instruction to his client not to answer certain deposition questions was improper. He granted a Motion...more

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

Court Orders Defendant to Reveal Imprecise “Self-Collection” Methodology (West Virginia)

Burd v. Ford Motors, Co., 2015 WL 413915 (S.D. W. Va. July 8, 2015) - In this automotive product liability case, the plaintiffs argued that defendant’s “self-collection,” which consisted of custodians using search terms...more

Depositions in Oslo

Norway, famous for long winter nights and seemingly endless summer days, breath-taking fjords, fishy cuisine, and, of course, Vikings, lies on the westernmost portion of the Scandinavian Peninsula. Norway’s official name is...more

US Chamber Recommends SEC Enforcement Changes

Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were...more

Deposing a Willing Russian Witness

Unfortunately, not all countries permit the taking of depositions. Mainland China, though a party to the Hague Evidence Convention, is just one example. Russia is not a party to the Hague Evidence Convention and does not...more

Deposing the Doctor: Why Do It and How Much Will It Cost?

In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call....more

Top 9 Tips to Make Your Deposition Less Stressful

A deposition is a commonly used discovery device in many divorce cases. Many people are nervous or even afraid of being deposed. Follow these nine tips to help relieve some of the anxiety surrounding a deposition. A...more

What Is a Deposition?

Hi there, A deposition is a tool that lawyers use to get information from witnesses or from the other side. It’s one of the most effective tools the lawyers have, both to find out what has really gone on and to discover...more

Depositions in Osaka, Japan

In a previous three-part blog, we covered the intricate process of scheduling depositions in Japan. As outlined in that blog, depositions in Japan can be taken in two locations only: the U.S. Embassy in Tokyo, or the U.S....more

Depositions in London

London has produced several literary giants, among them Chaucer, Shakespeare, and my own personal favorite, P.G. Wodehouse (great light reading for a long plane ride). London is home to well-known historic sites: the House of...more

A Picture Paints a Thousand Words: Video Recording an Accident Demonstration

One of the more frustrating aspects of defending power tool cases occurs during the deposition of the plaintiff – at the point where he attempts to describe in minute detail how his accident happened. Then, at trial, just...more

7 Questions to Ask Before Selecting a Transcription Vendor

Lawyers, doctors, corporations and government entities often need to have audio files transcribed into text. Examples can include: court hearings and trials, voicemails, examinations, meetings (board, annual, financial, town...more

CEOs May Be at the “Apex” of Their Companies, But They Can Still Be Deposed

Order Re: Discovery Dispute, Finisar Corp. v. Nistica, Inc., Case No. 13-cv-03345-BLF (Magistrate Judge Jacqueline Scott Corley) - One of the more contentious issues in civil litigation involves the question of under...more

Massachusetts Court Sheds Light On Deposition Privilege Waiver Issues

Chief Judge Patti Saris of the District of Massachusetts has issued a significant opinion on privilege waivers in the Trustees of Boston University v. Everlight Electronics case. The opinion concerned a deposition in the case...more

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