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Evidence Discovery

Colombia to the Rescue! Deposing Witnesses in South America

by Planet Depos, LLC on

In the vast continent that is South America, three giants pose a problem when it comes to depositions: Brazil, Venezuela, and Ecuador. None of these countries permits depositions. Something else this trio has in common? ...more

Taking Depositions in Mexico

by Planet Depos, LLC on

If you find yourself needing to take a deposition in Mexico, you’re in luck! There are no Hague Evidence Convention restrictions regardless of the nationality of the witness. What’s more, you can hold the deposition in any...more

The 4 Most Challenging Countries for Depositions (And Solutions!)

by Planet Depos, LLC on

Taking an international deposition can be a difficult task all on its own, but add The Hague Evidence Convention regulations, and there is a whole new challenge to behold! However, with this quick guide, it won’t be all that...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

by Rumberger Kirk & Caldwell on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

KCAB Celebrates Its Golden Jubliee with Expansion to Los Angeles

by Planet Depos, LLC on

For court reporters, especially those working internationally, no two days are ever the same. We could be working on anything from an arbitration about plastic surgery, a court case about corruption, a deposition about...more

Depositions in China…and Disneyland? (Updated 2017)

by Planet Depos, LLC on

At Planet Depos, we often receive inquiries from clients regarding depositions in China. While China is indeed a member of the Hague Evidence Convention, depositions are not permitted there....more

Taking Depositions in Suwon, South Korea (Updated)

by Planet Depos, LLC on

When taking depositions in South Korea, naturally, the first city that comes to mind will likely be Seoul. Why not? I mean, it is the capital of the Republic of Korea after all. It’s the most populous city in the entire...more

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

by Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

by Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

by Farrell Fritz, P.C. on

The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more

Fifth Circuit Affirms Use of Special Jury Interrogatory on Whether an Accident Occurred

In defending personal injury claims, defendants frequently have to deal with jury interrogatories that infer the plaintiff actually experienced an incident that caused or contributed to his complaints, despite there being a...more

Six Tips for Taking Depositions in India

by Planet Depos, LLC on

Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...more

Does Compelling the Disclosure of Documents Allegedly Protected by Attorney-Client Privilege Constitute a Final, Appealable Order?

Last month, the Ohio Supreme Court issued a ruling in Burnham v. Cleveland Clinic, 2016-Ohio-8000, on an interesting issue – “whether an order compelling the production of documents allegedly protected by the attorney-client...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

by Pepper Hamilton LLP on

Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case. A district court in California recently...more

Court Affirms R&R Denying Sanctions

by Morris James LLP on

Andrews, J. Court affirms magistrate’s report and recommendation denying sanctions. Plaintiff objects to the magistrate’s ruling declining to award sanctions for defendant’s failure to produce IDV data. Plaintiff...more

The Ghost of Depositions Past

by Carlton Fields on

Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will “play”...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

by Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged Materials

by Reminger Co., LPA on

In Burnham v. Cleveland Clinic Foundation, Case No. 2015-1127 the Ohio Supreme Court recently issued a decision that will make it easier to file immediate (aka interlocutory) appeals from trial court decisions requiring...more

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

by Pepper Hamilton LLP on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

by Zapproved Inc. on

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

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