Testimony

News & Analysis as of

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...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

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission....more

Trump University Class Action Roaring Towards Trial

This is a big week for U.S. President-elect Donald Trump. The champagne glasses won’t be dry and put away before Trump’s lawyers will be arguing a series of pre-trial motions in Low v Trump University, a U.S. class action...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...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

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey

The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

New Rule Encourages the Use of Direct Testimony Affidavits to Streamline Trials in the New York Commercial Division

Under a new rule approved yesterday, justices in the Commercial Division of New York State Supreme Court for the first time will be expressly authorized to require parties to submit the direct testimony of their own witnesses...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

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change...more

Trademark Red Tape: Incoming Fee Increases And Sweeping TTAB Rule Changes

Disparaging Marks Still Held in Abeyance. As an update to our last Trademark Red Tape, the USPTO, which has now filed a petition for a writ of certiorari to the Supreme Court in In re Tam with respect to the...more

Proposed Rule Would Promote the Use of Direct Testimony Affidavits in the New York Commercial Division

Justices in the Commercial Division of New York State Supreme Court would be expressly authorized to require parties to submit the direct testimony of their own witnesses in affidavit form in non-jury trials and evidentiary...more

Littler Principal Tammy McCutchen Highlights the Flaws in the DOL's Proposed Overtime Rules to Senate Small Business Committee

With publication of the Department of Labor's final overtime rule imminent, Littler Principal Tammy McCutchen testified before the Senate Committee on Small Business and Entrepreneurship on May 11, 2016, about how the...more

Court Reporters - What is an Oral Reply?

In certain jurisdictions and cases, attorneys hire court reporters to report an oral reply. In my experience, oral replies are typically used in union grievances especially in employment matters. The court reporter is hired...more

When Must Executives Testify in Corporate Litigation? Wisconsin Judge Provides Insight

When can top executives in large corporations and other organizations avoid testifying in litigation involving the organization? Under a recent ruling by Federal Judge William Conley of Madison, the answer turns, in part, on...more

The Senate Would Like to Speak With You

The United States House of Representatives Committee on Oversight and Governmental Reform earlier this month subpoenaed Martin Schkreli. Mr. Schkreli has been saddled with the nickname "pharma bro" after hiking the price on a...more

Objections To Magistrate’s Order Regarding Daubert And Anticipation Are Reviewed

W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515 -LPS, November 24, 2015. Stark, C.J. The court rules on objections to Magistrate’s rulings on a Daubert motion and a Report and Recommendation on...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Rolling the Dice on Foreign Depositions in IPR Proceedings

In litigation, it is not uncommon for depositions to be taken outside the United States, particularly when a given witness resides outside the United States and cannot or does not wish to travel to the United States. In IPR...more

This N.C. Case Cries For Comment

A recent North Carolina Court of Appeals State v. Matsoake started me to think about what constitutes a communication.  The case involved whether an ex-wife’s testimony about seeing her husband crying should have been...more

T.J. Simers Discrimination Trial: “He Lied, And He Went Too Far!”

Mr. Simers’ attorneys called at least two Times executives to the stand this week as adverse witnesses. One, who was the newspaper’s Human Resources director in 2013, testified that Mr. Simers lied when he told Times...more

Recent Florida Decision on the Admissibility of Treating Physician Testimony Based on Hypothetical Facts Which Differ from Those...

Florida’s Fourth District Court of Appeal recently considered when a treating physician may offer testimony based on hypothetical facts different than those presented in a medical malpractice case. In Cantore v. West Boca...more

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