Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits?...more
Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more
In This Issue: -
- Attorney-Client Privilege/Work Product Decisions:
..Decisions Protecting Against Disclosure
..Decisions Ordering Disclosure
- Spoliation and Preservation Decisions:
There are two methods for reading, correcting and signing deposition transcripts in California.
Method #1: At the conclusion of a deposition in California, the deposition officer shall send written notice to the...more
Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-81-LPS -MPT, May 22, 2015
Stark, C. J. The court makes various pretrial rulings in advance of a June 15, 2015 jury trial.
Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them.
Every attorney should develop a list of stock questions and ask them of most...more
Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015) -
It is common to have discovery disputes in patent litigation, and parties often resolve such...more
The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more
Few attorneys have the time or budget to do detailed preparation for cross-examination of every witness. And even if the budget makes it possible, time spent on other aspects of trial preparation will force counsel to take...more
On May 6, 2015, Florida's Third District Court of Appeal finally weighed in on an important tactic relied on by servicers in residential foreclosure actions. In Bank of America, N.A. v. Delgado, No. 3D13-910 (Fla. 3d DCA May...more
Question: What can you do when you suspect that opposing counsel engaged in inappropriate witness coaching during a PTAB deposition? Answer: Ask the witness about the suspected off-the-record discussions and call the Board...more
One of the easiest steps that an estate planning attorney can take to try to prevent a will that he drafted from being challenged is to have the witnesses to the will utilize a checklist in order to create a documented record...more
Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses from a proceeding, referred to as “invoking the rule,” so that one witness does not potentially color the testimony of other...more
Last week's Privilege Point discussed Lance Armstrong's unsuccessful attempt to discover witness interview memoranda government agents prepared during their civil investigation of Armstrong's misdeeds. United States ex rel....more
Parties suing in the United States with foreign-based witnesses take heed, as you may find your foreign-based witnesses traveling to the United States for depositions. On February 12, 2015, Magistrate Judge Paul Grewal...more
Preparing your witness for a video deposition has a few more wrinkles—or more accurately, the ironing out of a few more wrinkles—than a deposition recorded only by stenography....more
The PTAB issued an order providing guidance for responding to potential witness coaching during a deposition recess.
Cases IPR2014-00411 and IPR2014-00434 – FLIR Systems, Inc. v. Leak Surveys, Inc. -
In an inter...more
When taking a deposition in the United States, it is fairly common for the witness to be sworn in by the court reporter, as nearly all court reporters are notaries. However, a U.S. notary’s powers do not extend beyond the...more
“So you are the great lawyer I’ve been told about! But, you are so young! I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more
A recent Ontario court decision (Arctic Cat Inc. et al. v. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or “letter rogatory” in a cross-border patent infringement case involving the invention...more
Even for binding arbitrations, a record of the proceedings may be important for the attorneys and the arbitrator, especially when there are many witnesses and the subject matter is complex. Having computers or tablets with...more
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
Everyone claims to know how to conduct an internal investigation. Given the government’s reliance on internal investigations, law firms have beefed up their internal investigation services. Inevitably, the quality of internal...more
A common litigation tactic that lawyers are all too familiar with is the untimely disclosure of witnesses and exhibits on the eve of trial. After months, or even years, of litigation to prepare a case for trial, one party...more
As court reporters in the patent and trademark litigation world, we are often asked to report depositions in foreign countries. One of the requests that frequently comes up is, who is going to swear in the witness? Certain...more
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