News & Analysis as of

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

Be Thoughtful In Your Rule 30(b)(6) Deposition Preparation to Avoid The Threat of Sanctions

Failing to adequately prepare a corporate witness for his or her 30(b)(6) deposition can have serious consequences. In fact, courts treat an unprepared 30(b)(6) witness as a witness who simply never bothered to show up for...more

The Apex Doctrine: Protect Your Corporate Executives From Harassment

Because few cases proceed to trial, discovery and, more specifically, depositions are the focal point in most civil litigation. The permissible scope of discovery is usually very broad – permitting a party to discover...more

SEC Proposed to Amend Rules Governing its Administrative Proceedings

On September 24, the U.S. Securities and Exchange Commission (the “SEC”) proposed to amend rules governing its administrative proceedings. Key changes to the SEC’s rules of practice include: adjustment of timing of the...more

Proven Strategies For Handling Difficult Deposition Questions

When we prepare 30(b)(6) corporate representatives and executives for their depositions, they are often fearful that the questioning attorney will try to trick them into admitting something that is not entirely accurate. They...more

Practical Considerations in Identifying and Preparing Your Rule 30(b)(6) Witnesses

As you know, Rule 30(b)(6) of the Federal Rules of Civil Procedure and state counterparts allow a party to depose organizations, including corporations. The party requesting this type of deposition must describe with...more

“That’s [Not] Privileged”: A Corporation’s Duty to Prepare a 30(b)(6) Witness Includes Sharing Knowledge of Legal Counsel

When a company is noticed for a deposition, it has a duty to prepare its witnesses to fully and unevasively answer questions about the designated subject matters. Companies may not realize, though, that the preparation must...more

3 Tips for Taking Depositions in Hong Kong

It’s likely that coordinating international depositions can take extra planning and will usually cost significantly more than taking depositions in the U.S. Here are several tried-and-tested tips for saving money for your...more

Planning Your Depositions in Japan Around Silver Week

Japan’s Silver Week refers to a trio of consecutive holidays in September, which doesn’t occur every year. After 2015, Silver Week will next come along in the year 2026 (this is due to the equinox changing yearly). The...more

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Tweaking the “Home Court” Rules for SEC Administrative Proceedings

SEC proposes modest amendments to AP process to enhance efficiency and address concerns regarding fairness. In an effort to enhance the efficiency of its processes in administrative proceedings (APs) and bolster its...more

SEC Proposes Amendments to Rules Governing Administrative Proceedings

The Securities and Exchange Commission appears to be hearing the music. In response to the many voices that have expressed dissatisfaction with the procedures used in SEC administrative hearings, the SEC today issued proposed...more

The D.C. Circuit Issues Another Privilege-Friendly Decision: Part I

In 2014, the D.C. Circuit adopted a very favorable privilege standard — protecting communications if "one significant . . . purpose[]" was corporations' need for legal advice, even if that was not the communications' "primary...more

Writer and CAT Software Support – a Must for Every Court Reporter, Part 1

Court reporters are very busy people. Traveling is a part of an active reporter’s schedule. Whether you’re just traveling a few miles to a law firm or all the way around the world to cover depositions overseas, your tools...more

Litigators: What’s your story?

Trial lawyers see a case as a story. They are constantly thinking about the story and why the jury should care about it. Litigators see a case as a series of motions and briefs, depositions and documents....more

Beware Attorneys, Court Reporters, and Legal Videographers “Sitting is the New Smoking”

At a lecture on health by Angel Chelik of Sea Level Workouts, Angel made the statement, “As you’ve probably heard, sitting is the new smoking.”  The audience was made up of court reporters. Angel had everyone’s attention....more

The 411 on Standing Orders

When it comes to service, providing our clients with the best experience is our top priority. One way we achieve this is through catering to our clients’ needs. From booking hotel conference rooms for depositions across the...more

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

Productivity and Motivation: Make the End of 2015 Count!

Can you believe that we are in the last four months of the year? Not to mention, today is the halfway point of September? I know I can’t! 2015 sure seems to be flying by! When it comes to the homestretch of the year, I know...more

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

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