News & Analysis as of

Admissible Evidence Rules of Civil Procedure

Esquire Deposition Solutions, LLC

Before You Press “Record” on a Zoom Deposition

If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and...more

Proskauer - Minding Your Business

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more

Esquire Deposition Solutions, LLC

Post-Pandemic Reforms Are Remaking the U.S. Justice System

When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

Latham & Watkins LLP on

The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

BCLP

HK Court of Appeal confirms the exceptional nature of the taking of evidence by way of video conferencing facilities

BCLP on

Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

Winstead PC on

Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

Reveal

Using Video Deposition Testimony for Opening Statements & Closing Arguments

Reveal on

Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more

Bennett Jones LLP

Cyber-Security and the Rise of the Vigilante Hacker - Can illegally obtained data be used in a civil proceeding?

Bennett Jones LLP on

In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the “hacktivists” who expose data, purportedly for the greater good....more

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