Witness Statements

News & Analysis as of

Using documents previously disclosed in earlier litigation

The restrictions on the collateral use of documents previously disclosed in separate litigation have recently come under the judicial spotlight. The word ‘use’ has been defined extremely broadly to cover even the act of...more

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected...more

Witness hearing before the criminal courts

The witnesses have to be invited to attend the hearing on the basis of a request from one of the parties. After the approval of the court. The official notice will have to be sent at least 1 day before the hearing...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

For Whom the Bell Tolls: Obligations and Risks of Third-party Witnesses under Rule 2004 Examinations.

Two recent Bankruptcy Court cases both remind and illustrate the power and risks presented by discovery of facts and documents under Bankruptcy Rule 2004, showing that it can compel third parties to provide information to...more

Litigation and enforcement in Japan: overview

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Foreign request for legal assistance disclosable

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the...more

The Degrees of Truth: When is Dismissal with Prejudice Warranted?

An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have...more

What did Ryan Lochte do? 8 tips for waterproof investigations

Despite the conclusion of the 2016 Summer Olympics, Ryan Lochte is still “under water” with questions still looming after Rio police reports that the American gold-medal Olympian fabricated a story about being robbed at...more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part IV

Courts take widely varying and sometimes seemingly illogical approaches to work product protection for litigation-motivated witness interview-related documents, such as transcripts, notes, reports, statements, and affidavits....more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part II

Last week's Privilege Point described a common but illogical judicial approach to witness interview notes, summaries, and reports — finding that witnesses' verbatim statements in such documents at most can deserve only fact...more

Proving Your Case: Important Documents For Accident Victims

A lawyer for a car accident claim needs to properly document medical care and prove pain and suffering to justify a fair award. The sooner the victim begins collecting the documents, the better....more

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Delaware Law Updates - Delaware Supreme Court Defers to the Court of Chancery’s Fact-Finding and Witness Credibility...

In a recent decision out of the Delaware Supreme Court—CDX Holdings, Inc. v. Fox, C.A. No. 526, 2015 (Del. June 6, 2016)—Justice Holland, writing for the majority, affirmed a Court of Chancery post-trial decision that found...more

When Nobody Knows the Answers: What to Do When a 30 (B)(6) Notice is Served on a Successor Corporation

SUCCESSOR CORPORATION - Federal Rule of Civil Procedure 30(b)(6) allows a party to take the deposition of an organization by identifying the topics about which the party seeks information from the corporation. In...more

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

To Speak or Not to Speak: The “Personal Knowledge” Requirement of a Corporate Representative

Federal Rule of Civil Procedure 30(b)(6) permits a corporate representative to testify during deposition about matters within the corporation’s knowledge. This testimony does not require the corporate representative to have...more

Court Reporters and Legal Videographers – What is the Witness’ Name?

Court reporters have the responsibility of getting the names of deponents, witnesses in court, and attorneys. It might be surprising, but getting the spelling of a witness’ name can be challenging....more

No Appellate “Second Guessing” of Witness Credibility Determinations - Guzman v. Hacienda Records and Recording Studio, Inc.

Addressing whether nearly identical opening song lyrics showed copying and whether to give more weight to testimony from witnesses who contradicted themselves, the U.S. Court of Appeals for the Fifth Circuit determined that...more

New Year’s Resolution: Internal Investigation Tips For Retail Employers

The first time you learn of an employee’s complaint probably isn’t the day your company is served with a lawsuit. In most cases, the alleged victim complains to the company first. While an initial internal complaint provides...more

Police and Adjuster Statements – Admissible or Not?

The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance...more

T.J. Simers Discrimination Trial: We Thought He’d Never Rest!

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We’re providing regular coverage and analysis of the jury...more

Workers’ Compensation and the Burden of Proof

When filing a workers’ compensation claim in Illinois, the injured worker is required to prove that he or she is eligible for benefits. Although this can be extremely burdensome for individuals who are already suffering from...more

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

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