Witness Statements

News & Analysis as of

IPR Patent Owner Succeeds in Antedating Key Prior Art

A witness credibility battle erupted in Dynamic Drinkware LLC v. National Graphics, Inc., IPR2013-00131, where the Board found that Patent Owner antedated a key prior art reference…despite the fact that the inventor testified...more

Make a Plan for Each Witness

Before you prepare a witness for trial, you should know precisely what you expect to accomplish through that witness. In other words, have a plan. Your trial notebook should have a section for each witness that...more

To Call or Not to Call an Adverse Party or Witness

In civil cases, you can call an adverse party or witness in your own case. Evid C §776(a). But just because you can doesn’t mean you should. Before deciding to call an adverse party or witness, definitely check out this chart...more

Credibility Challenges Posed by the Eccentric Inventor Witness

Eccentric inventors can be their own worst enemies at depositions and on the witness stand at trial. General Electric Co. v. Wilkins (Fed. Cir., May 8, 2014) is a recent case on point. The General Electric case involved a...more

Preparing for NTSB Investigative Interviews

Those who face investigative interviews before the National Transportation Safety Board (NTSB) should be fully aware of the applicable rules and regulations. Key topics relating to NTSB investigative interviews include...more

Good Bye To Peter O’Toole And The SFO Prosecution Of Victor Dahdahleh

Last week, before O’Toole passed away, the UK Serious Fraud Office’s prosecution of Victor Dahdahleh also died when the SFO notified the Court that it did not believe a guilty verdict was possible due to some very odd in...more

PA Tax Law News -- December 2013: Board of Finance and Revenue Changes Awaited

As this issue went to press we awaited official announcement of the Governor’s two nominees, and the State Treasurer’s designee, to the Board of Finance and Revenue. The Board was reconstituted by Act 52 of 2013 (see article...more

Rosalie’s Perfect So Cal Stip – Re: California Code Of Civil Procedure 2025.520

For a witness that is represented by counsel: We will stipulate that the court reporter may be relieved of her duties under the code; that she will forward the original transcript to witness’ counsel for...more

Be Careful With That Axe -- Texas Breaks New Ground in Defamation Turned Court Records Case

Beware the law of unintended consequences. The Texas high court has just denied review of a court of appeals opinion in a case that began as a defamation action brought by a Texas state court judge against a Dallas-area...more

Tips For Opening Statements And Closing Arguments

Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....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

Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver

In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more

Jodi Arias Trial: Prediction

As the Jodi Arias criminal trial winds down, I have to go out on a limb and make my prediction....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

Say Hello To My Imaginary Friend! Judge Posner, Seventh Circuit Issue Stern Warning To Plaintiffs’ Firms For Again Citing Bogus...

Plaintiffs’ counsel beware: to avoid Rule 11 sanctions you might actually have to talk to “confidential witnesses” yourself and corroborate their statements before citing them in a securities fraud complaint....more

Recorded Witness Statements Subject to Qualified Work Product Protection

The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v....more

Out-of-Court Statements Made by Attorneys Are Subject to a Lesser Standard for Defamation

In DelMonico v. Traynor, No. SC10-1397 (Fla. February 14, 2013), the Florida Supreme Court expanded the potential liability of attorneys for defamation lawsuits. Traditionally, lawyers, judges and other judicial officers...more

Midland Funding Lawsuits in Arizona: Proven Strategies to Win Your Case

Every day here in Arizona numerous lawsuits are filed by Midland Funding against people like you. People who don’t have a clue who Midland Funding even is....more

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

Be a Super Sleuth—Part Two: Preparing for and Conducting Effective Workplace Investigations

It is in every employer’s best interest to know when and how to conduct an effective and efficient workplace investigation. In the first part of this three part series — Be A Super Sleuth: Laying the Framework for Effective...more

The NLRB Hits Just Keep Coming. This Time, Possible Front-Pay

There seems to be no slowing to the NLRB’s unusually high recent activity....more

NLRB Gets Busy – Part 1 NLRB Departs From Decades Of Precedent

The close of 2012 brought a flurry of activity by the National Labor Relations Board and the Board has not slowed down in the New Year. Several of the Board’s recent decisions mark significant departures from decades of...more

The Second Obama Term: NLRB Outlook

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

NLRB Overturned Numerous Precedents, Imposed Significant Burdens on Unionized Employers in 2012

In addition to the significant actions taken by the National Labor Relations Board (NLRB or Board) in 2012 that affect all employers, the NLRB late last year issued several important decisions that affect unionized employers...more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

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