News & Analysis as of

Employees Participating in Court Proceedings May Have Protection

My colleague, Jarad Lucan (who just won a New Leader of the Law award from the Connecticut Law Tribune!) returns today with a post about the protections employees who testify in court may have. Most employers (at least...more

21 Things to Tell Your Testifying Witness

Before your friendly witness is called to the stand, you should go over some general guidelines with him or her. This is particularly true of inexperienced witnesses, but it can’t hurt to review these admonitions even with...more

Handling Difficult Depositions Like a Pro

Depositions are a critical part of any case. For many lawyers, a deposition will be your first time taking testimony or making contemporaneous objections. This can be intimidating, especially if you perceive your opposing...more

Selecting the Right Interpreter

When taking the deposition of a witness who doesn’t speak English, the right interpreter will keep the proceedings moving at a reasonable pace. Additionally, a qualified interpreter ensures that your questions are...more

Oops! The Court Reporter Didn’t Swear In the Witness

The Court Reporters Board of California periodically receives calls from frazzled court reporters who realize they forgot to swear in the witness, and the deposition had started. I know sometimes when an attorney says, “Let’s...more

The Asia-Pacific Investigations Review 2016

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which...more

Securities Class Action Defense Counsel Selection: An Interview Process is Essential

When a public company purchases a significant good or service, it typically seeks competitive proposals. From coffee machines to architects, companies invite multiple vendors to bid, evaluate their proposals, and choose one...more

Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

3 Strategies for Dealing with Low Dollar Debt Collection Lawsuits

Over the past year I have seen junk debt buyers like Midland Funding and Portfolio Recovery Associates file debt collection lawsuits on account where the amount is relatively small – some for amounts less than $1,000. I have...more

Practical Considerations in Identifying and Preparing Your Rule 30(b)(6) Witnesses

As you know, Rule 30(b)(6) of the Federal Rules of Civil Procedure and state counterparts allow a party to depose organizations, including corporations. The party requesting this type of deposition must describe with...more

The D.C. Circuit Issues Another Privilege-Friendly Decision: Part I

In 2014, the D.C. Circuit adopted a very favorable privilege standard — protecting communications if "one significant . . . purpose[]" was corporations' need for legal advice, even if that was not the communications' "primary...more

Where Fantasy Football and Trial Practice Intersect

With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more

Express Waiver of Assumption of Risk – Gross Negligence Exception

Stacey Chavez, et al. v. 24 Hour Fitness USA, Inc. - Court of Appeal, Sixth Appellate District (July 8, 2015) - California’s public policy in favor of sporting and leisure activities provides strong support for...more

Deposing a Willing Russian Witness

Unfortunately, not all countries permit the taking of depositions. Mainland China, though a party to the Hague Evidence Convention, is just one example. Russia is not a party to the Hague Evidence Convention and does not...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

NLRB Overrules Longstanding Precedent—Withholding Witness Statements is No Longer a Bright Line Exception

Action Item: The National Labor Relations Board (NLRB) recently held in American Baptist Homes of the West d/b/a Piedmont Gardens that there is no longer a blanket exemption for witness statements from an employer’s Section...more

The Sigelman Case and DOJ’s FCPA Trial Record

In the aftermath of the Sigelman FCPA criminal trial, the FCPA Paparazzi is in full force hyperventilating about “trends,” “messages,” and “lessons learned.” As a former prosecutor with plenty of trial experience (over...more

Internal Investigations — Assessing Witness Credibility

As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more

Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings

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

Cascades v. Samsung: Court Denies Motion to Compel Deposition of Trial Counsel but Grants Request to Produce Fee Agreement

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

The E-Discovery Digest - June 2015

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

2025.520(c) – What Happens if the Witness Can’t Get to Reporter’s Office?

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

Pretrial Motions Are Decided Before Trial

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. ...more

Develop a Routine: Stock Questions to Ask in Every Deposition

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

The Judge Next Door

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

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