Witness

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5 Rules to Minimize Expert Contamination

Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with...more

Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision...more

The Federal Victim-Witness Act

If you or someone you know has been the victim of a crime, or if you have been called to testify before a federal grand jury or trial, you may have questions about what you can expect as a case works its way through the...more

Conducting a Fair Workplace Investigation

Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a...more

White Paper: Time Limits for Witness Depositions

In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets a seven hour maximum time limit for the...more

Are Confidential Witness Reforms Looming On The Horizon? Can The Plaintiff’s Bar Stop Them?

A decision is expected shortly in the highly publicized so-called confidential witness “scandal” involving the Robbins Geller Rudman & Dowd law firm. Judge Suzanne B. Conlon of the United States District Court, Northern...more

When Your Employees Go to Court – Witness Duty

This post continues the discussion of employees absent from work for attendance at court. As a general proposition, employees who appear in court for their own cases, or on behalf of others, are not excused from work. They...more

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

Strategies In Class Action Engagement: Third-Party Depositions

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff's Case Denied Because...

As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") filed a request with the district court on an "extremely time-sensitive case management issue concerning the...more

The CFTC Charges Civil Perjury, Even After the Witness Comes Clean

According to a recent case, a witness in a Commodity Futures Trading Commission (CFTC) investigation could be similarly condemned to oblivion – or at least enforcement action and a hefty fine – for giving false testimony,...more

Court Reporters – Marking An Exhibit After a Deposition Finishes

A young court reporter asked me this week what I would do if a deposition ends, and then one of the attorneys says, “Oh, I have the doctor’s CV that I forgot to mark as an exhibit....more

Children as Witnesses in a Domestic Violence Dispute

In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the...more

Florida Legislature Reforms Medical Malpractice Laws

Effective July 1, 2013, the Florida Senate passed legislation that clarifies when a non-defendant physician may retain legal representation when called as a witness and limited who may qualify as an expert witness in medical...more

Legislative Update Report No. 2013-12

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

The Perils of Creating Your Own Estate Plan

Who says trust and estate law isn’t interesting? ...more

Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case

For all its benefits, social media has posed some significant challenges for our criminal justice system. One of the more common problems – Internet-related juror misconduct – has been the subject of numerous criminal appeals...more

Florida Appellate Court Clarifies Knowledge Base for Corporate Representative Deponents

On March 20, 2013, Florida’s Fourth District Court of Appeal issued an opinion clarifying the procedure for designating, and producing, a corporate representative for deposition pursuant to Florida Rule of Civil Procedure...more

FCPA Criminal Enforcement: DOJ Returns With A Vengeance (Part I Of II)

Let me remind everyone about the FCPA doomsayers – those who were worried and fretted over the absence of FCPA enforcement actions in the first quarter of 2013. ...more

Failure To Authenticate One Witness’s Signature Dooms Admission Of Will To Probate

A court of appeal recently addressed whether a will was properly admitted to probate. The will contained a regular and complete attestation but only the genuineness of the signature of the decedent and one of the two...more

Q&A With Bilzin Sumberg's Mitch Widom

As a young lawyer, I was retained by the state of Florida to represent a former legislative aide that had been accused by a member of the House of Representatives of falsely accusing him of sexual harassment to oust him out...more

The Jodi Arias Trial — Lessons Learned

I apologize for the topic of this posting but I am compelled to voice my concerns. As a former prosecutor and now white-collar defense attorney, it is painful to watch a criminal trial which is out of control. ( I know that...more

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