Evidence

News & Analysis as of

Recorded Conversations with In-House Counsel Permitted as Evidence in FCPA Trial

Earlier this month, a federal judge in New Jersey held that a secretly recorded conversation between a former chief executive officer and his general counsel may be used by prosecutors as evidence against the former executive...more

Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

Trial Presentation

Presenting your evidence in a digital format in this day and age can be extremely powerful. With every juror owning a smartphone, it’s no wonder they respond well to a more visual approach to the evidence. It’s more dynamic,...more

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met...

Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more

The Strategy of Lone Pine Orders: Timing Matters

Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more

Serial Objections to Evidence Are Not Required if Supplemental Evidence Is Filed and Served

American Honda Motor Co., Inc. v. American Vehicular Sciences LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) concluded that a party need not renew an objection to evidence if...more

Conducting Depositions in Sweden

One of the jewels of the Scandinavian region of Europe, the Kingdom of Sweden,is a highly frequented country for taking depositions. Not only is the country full of interesting history and breathtaking beauty, it is also a...more

Two Thoughts On The Faruqi Sexual Harassment Trial

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more

Should You Make an In Limine Motion?

The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine....more

Deleted E-Mails? What Happens to the CCJEF Litigation Now?

This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence. For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more

Motions In Limine, Contemporaneous Objections, and the Need to Adequately Preserve the Record

You have filed your motions in limine and obtained rulings prior to trial. You put the motions in a box in the back of the courtroom and figure all of your objections have been preserved. Wrong! It is always a good...more

China Begins Issuing 10-year Visas

For many years, U.S.-China relations have been strained; however, with President Obama’s recent trip to the Asia-Pacific region, tensions seem to be easing. Evidence of this upturn in relations comes as China began issuing...more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public...

The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”) to avoid disclosure of documents protected...more

PTAB Applies Balancing Test in Deciding Motions to Seal Evidence

Search Am., Inc. v. TransUnion Intelligence, LLC - In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties’...more

Depositions in Switzerland

Arguably one of the most beautiful countries in Europe is the Swiss Confederation, or Switzerland. With its gorgeous lakes, breath-taking mountain peaks, and lush valleys, Switzerland is a top tourist spot. Switzerland is a...more

Direct & Circumstantial Evidence – It snowed last night?

If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say? It snowed. You did not have to actually see the activity of snow...more

Supreme Court Decides Warger v. Shauers

On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more

Independent Corroboration Required To Prove Conception

Microsoft Corp. v. SurfCast, Inc. - Addressing the requirements for antedating prior art, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) ruled all claims of a challenged patent unpatentable,...more

Quirky Question #248, Is arbitration really better than court?

Question: My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea?...more

Seventh Circuit Interprets Wisconsin's Mediation Privilege

When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more

The Seemingly Interminable Garlock Saga: Where Are We Now?

As reported in our February 2014 edition, the bankruptcy court estimating Garlock Sealing Technologies, LLC’s asbestos liability uncovered significant evidence “that the last 10 years of its participation in the tort system...more

Warning: No Sandbagging Experimental Evidence

Baxter Healthcare Corp. v. Millenium Biologix, LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) has explained that an inter partes review (IPR) petitioner should fully support...more

Getting Edited Video into Evidence

With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate...more

Restyled Texas Rules of Evidence

On November 19, the Texas Supreme Court issued an advisory, to inform the Bar, the judiciary, and the public of an order approving the restyled Texas Rules of Evidence. The Court's advisory is reproduced at the bottom of this...more

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