Evidence Discovery

News & Analysis as of

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

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

Don’t Get Tagged – Avoiding Ethical Missteps with Social Media Investigations

As the number of people who interact on social media surpasses the one billion mark, attorneys are catching-on and turning to various platforms for investigative purposes and as informal discovery tools. We all know that the...more

Off The Record. Or Not?

In November 2007, an article titled “Off the Record,” which was co-authored by one of this article’s authors, was published in this Journal. It began by saying “[e]very good appellate lawyer knows that an appeal is...more

With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law

In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., No. 12-2043 (E.D.L.A., Oct. 7, 2016), Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that...more

Benedict’s Maritime Bulletin: Discovery and Disclosure: Civil Litigation Tools for Obtaining Evidence in the United States,...

The ever-increasing cost of civil litigation was once thought to be a unique trait of the United States civil justice system. However, the expense of civil litigation is on the rise across the globe, due in no small part to...more

The PTAB Review - November 2016

New Testimonial Evidence with Preliminary Responses: Panacea or Placebo? Just over three years ago, during a keynote speech at the AIPLA annual meeting, the Patent Trial and Appeal Board (PTAB) was criticized as a...more

Another Modest Proposal (This Time, About Discovery)

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

Five Considerations When Taking Depositions in Japan

Depositions in Japan involve a few extra logistical details. With proper planning and adequate lead time (at least 6 weeks, generally speaking), the following five special requirements mustn’t be a barrier to successful...more

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into...more

Play it Again

Over the weekend, I took myself to the Great Frederick Fair to see and hear the incomparable Vince Gill. I had wanted to see him for years, and I was not disappointed! He played all his hits, engaging his audience with his...more

International Videoconference Testimony for Trial

Do you have a client who will be testifying in a trial overseas via videoconference from the United States? Sounds easy enough, but there are quite a few things to consider. Time Difference – If your client is testifying...more

Is Your Client Prepared?

Depositions are commonplace for litigation attorneys; however, we may sometimes forget that they are not routine for our clients. Many times our clients have never given a deposition. Even if a client has been deposed once...more

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

International Travel Chronicles

Travel to foreign lands brings with it unique experiences and funny anecdotes you just couldn’t pick up any other way. The language barrier is an obvious and endless source of amusement, but each country has its own culture...more

Checklist for Depositions in Japan

As mentioned in previous blogs, there are extra steps involved when scheduling depositions in Japan. In the interest of assisting paralegals maintain well-organized information regarding all things related to international...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Injured in a Car Accident? Watch What You Post on Social Media

In 2016, it has become normal to post details about even the smallest details of your life on social media for many to see. A review of an average Facebook feed may include pictures of someone’s breakfast, lunch, and dinner,...more

Is it worth to pursue my case?

When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and...more

Federal Court Grants Cedents’ Request For Expedited Discovery In Reinsurance Dispute

A federal court in Georgia recently granted the plaintiffs-cedents’ motion for leave to conduct certain expedited discovery from their reinsurer, holding that the potential prejudice to the cedents if discovery is not allowed...more

Going the Extra Mile(s)

Have you ever had one of those days when you just knew that things wouldn’t go as planned? You just knew when you woke up that morning that the universe wasn’t properly aligned? Dallas to Houston is a long last minute...more

SEC Adopts Amendments Updating its Rules of Practice for Administrative Proceedings

On July 13, 2016, the SEC announced its adoption of several amendments that update the SEC’s rules of practice governing its administrative proceedings. ...more

New Amendments to SEC's Rules of Practice in Administrative Proceedings

On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

SEC Adopts Amendments to Rules Governing Its Administrative Proceedings

On July 13, 2016, the SEC announced that it will adopt certain amendments to its rules of practice governing administrative proceedings. Faced with criticism from practitioners and the media regarding a perceived “home field...more

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

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