News & Analysis as of

Evidence Discovery

Hixon: Medical records and privacy

by GableGotwals on

Many people mistakenly believe that their medical files maintained by their physicians are 100 percent private. However, there are legal scenarios in which those files are under subpoena and that require physicians to comply...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

Securing Your Firm or Business Before (And If) an Employee Betrays You

by GableGotwals on

Imagine that several months ago, you hired an energetic employee that originally had a lot of ideas for the growth of your company, but now just has a lot of excuses for poor performance. You can't prove it, you've heard...more

Indian E-Visas – Application Overview

by Planet Depos, LLC on

In a recent blog, we discussed some of the most challenging countries to take international depositions – one of which was the exotic nation of India. Besides requiring prior permission from the Indian Central Authority, all...more

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

by Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

by Gray Reed & McGraw on

Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Spolier Alert Part II: Federal Courts

by Fox Rothschild LLP on

I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether...more

3 Important Tips for Depositions in Norway (Updated 2017)

by Planet Depos, LLC on

Norway, on the westernmost tip of the Scandinavian Peninsula, allows voluntary depositions of willing witnesses, regardless of the witness’ nationality. Norway is famous for long winter nights and seemingly endless summer...more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

Four Critical Components in Scheduling International Deposition Locations

by Planet Depos, LLC on

One of the hurdles to tackle when planning for international depositions is the search for the right location. For someone scheduling their first deposition in Tampere, for example, this can be a bit like chasing a shadow in...more

In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law

by CloudNine on

In Abbott v. Wyoming Cty. Sheriff’s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017), New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant...more

International Depositions: Should I Stay or Should I Go?

by Planet Depos, LLC on

Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Discovery and Depositions in Germany (Updated 2017)

by Planet Depos, LLC on

Although Germany is a party to The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the German Ministry of Justice has placed certain restrictions regarding how voluntary depositions of...more

Mandatory Initial Discovery Pilot: A Game-Changer That Screams Out For Early Case Assessment

by Valorem Law Group LLC on

Parties and lawyers who are content with the long and drawn out slog of civil litigation in federal court are about to get uncomfortable. But those eager for innovation, efficiency and change are rejoicing, “It’s about...more

New Competition Law in Germany

by White & Case LLP on

Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law....more

Taking Evidence Between Hong Kong and the PRC Just Got Easier

by Kobre & Kim on

A mutual arrangement between Hong Kong and China to take evidence in civil and commercial cases that took effect earlier this year makes it easier for litigants in those jurisdictions to obtain evidence in the other...more

Top Tips for International Travel: Passport Edition

by Planet Depos, LLC on

When it comes to adventuring abroad, it can be a stressful experience for anyone – whether you are a first-time traveler or a seasoned jet setter. With the increase in airport security measures, documentation requirements,...more

Cover All Your Bases in ITC Discovery

by Jones Day on

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more

Mission Impossible: Date Blocked in Japan

by Planet Depos, LLC on

The seemingly impossible has happened – you finally land the perfect dates to take your Japanese depositions! The deponents are available, there are no disputes with any of the parties, and you even found a direct, economical...more

Preparing for Depositions in Finland! (Updated 2017)

by Planet Depos, LLC on

Finland is an enviable destination for depositions. First of all, there is plenty of coffee! Finns drink more coffee than any other nation in the world. No one will have any issues remaining alert through a deposition in...more

Changing Times: Taking Depositions in Cuba

by Planet Depos, LLC on

It’s time to face facts – the geopolitical landscape is changing. From BREXIT to the election of Donald Trump as the 45th President of the United States, both of which came as a shock to people around the world, it’s...more

U.S. Witnesses Are at Risk in UK Proceedings: 3 Ways to Protect Your Client

by Kobre & Kim on

Given the differences between the U.S. and UK’s standards for preparing witnesses, the oral evidence that a U.S. witness gives in a UK court is particularly vulnerable to attack and subjugation by a UK judge or opposing...more

Taking a Deposition in Germany

by Planet Depos, LLC on

As discussed in some of our previous blogs, taking depositions in Germany can be tricky. With a little preparation, and breaking everything down step-by-step, you’ll find that depositions in Germany aren’t as bad as initially...more

How to Prepare a Client for Deposition

Preparing clients for deposition is one of the most important tasks involved in my representation of victims of personal injury and medical malpractice. My clients are ordinary people who typically have no prior litigation...more

Fitbit and Other Collected ESI Helps Crack Murder Investigation: New Data Sources in E-Discovery

by Exterro, Inc. on

The discussion of new data types in e-discovery is often talked about but in a speculative way; we know that it’s possible for any relevant electronically stored information (ESI) to be requested as evidence, but most often,...more

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