News & Analysis as of

Depositions

Ward and Smith, P.A.

Stay in Your Lane: Defining the Scope of an IPR Deposition

Ward and Smith, P.A. on

The regulations governing discovery in an inter partes review ("IPR") proceeding do not provide for the same methods of discovery available in a patent infringement lawsuit. As such, when opportunities for discovery...more

U.S. Legal Support

Remote Depositions: One Year Report Card and What to Expect Moving Forward

U.S. Legal Support on

A little over a year has passed since the COVID-19 pandemic caused the legal world to look towards remote depositions as an option to move litigation matters forward. In the months that followed the initial shift, I wrote two...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #2 for Surviving An Instituted IPR: Don’t Swing for the Fences in IPR Depositions

Mintz - Intellectual Property Viewpoints on

As discussed in our previous post, one of the most critical tasks for Patent Owners during the Inter Partes Reviews (“IPR”) discovery period is deposing the Petitioner’s expert. Since IPR depositions are treated differently...more

Farrell Fritz, P.C.

When Does My Duty To Preserve End?

Farrell Fritz, P.C. on

Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end? ...more

Esquire Deposition Solutions, LLC

Turning Deposition No-Shows to the Client’s Advantage

Esquire Deposition Solutions, LLC on

This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #1 For Surviving An Instituted IPR: Approach IPR Depositions Like A Cross-Examination

Mintz - Intellectual Property Viewpoints on

As a Patent Owner in an instituted Inter Partes Reviews (“IPR”), one of the first and most critical tasks before you is deposing the Petitioner’s witnesses, including its experts. But approaching an IPR deposition like a...more

Holland & Hart - Persuasion Strategies

Witnesses: Don’t Rely on ‘Catcher Signals’

Holland & Hart - Persuasion Strategies on

At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could...more

Esquire Deposition Solutions, LLC

Making the Record

Esquire Deposition Solutions, LLC on

Vox audita perit, litera scripta manet* The responsibility of the court reporter is to preserve the record an attorney creates. You, the attorney, may have an excellent theory and a winning strategy, but your strategy is only...more

U.S. Legal Support

An Inside Look at a Court Reporter's Remote Deposition Setup

U.S. Legal Support on

When the COVID-19 pandemic first forced workplace closures back in March of 2020, people across the country, and even the world, quickly found themselves working from their home office, dining room, table, couch and other...more

Esquire Deposition Solutions, LLC

The High Price of Failing to Appear for Deposition

Esquire Deposition Solutions, LLC on

The necessity to advance civil litigation during the COVID-19 pandemic remains a challenge for counsel, even as positivity and death rates are falling across the United States. Litigators are juggling client meetings, court...more

U.S. Legal Support

Have You Been Part of Solving a Murder? This Legal Interpreter Has.

U.S. Legal Support on

When you think of a legal interpreter, you probably don’t picture someone sitting on a bench in the Everglades or on a couch in a New York City high-rise apartment. You likely picture someone sitting around a conference room...more

Husch Blackwell LLP

SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

Husch Blackwell LLP on

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more

Holland & Hart - Persuasion Strategies

Don’t Practice til You’re Capable, or til You’re Comfortable — Practice til You Can’t Fail

Holland & Hart - Persuasion Strategies on

My daughter is a figure skater — the kind of skater who practices six days a week. Each one of the complex jumps that a skater executes involves dozens of fine-motor movements that need to be encoded into the skater’s muscle...more

Jones Day

Creative COVID-Time Deposition Procedure

Jones Day on

Depositions for proceedings before the Patent Trial and Appeal Board (PTAB) are usually taken in the U.S. See 37 C.F.R. § 42.53(b)(2), (b)(3). Furthermore, many foreign jurisdictions have restrictions on taking depositions...more

Thompson Coburn LLP

Changes to Missouri discovery rules made official by Missouri Supreme Court

Thompson Coburn LLP on

The Missouri Supreme Court recently issued an order adopting the Legislature’s revised discovery rules, resolving uncertainty as to whether the revisions were “official.” The Court’s order confirms that the state’s discovery...more

Miles Mediation & Arbitration

Emerging Technologies for Lawyers

Miles Mediation & Arbitration on

In March 2020, when the world went into Covid lockdown, lawyers everywhere learned to use video conferencing technology for the first time. What started as a business necessity soon revealed itself as an essential part of any...more

Esquire Deposition Solutions, LLC

Should Cost Considerations Drive Broader Use of Remote Depositions?

Esquire Deposition Solutions, LLC on

The COVID-19 pandemic taught the legal community that technology can be deployed to effectively serve clients and resolve disputes remotely, if necessary. Suddenly stripped of their ability to meet in-person, lawyers and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Ebby Nuke LaLoosh and Client Control

Smith Debnam Narron Drake Saintsing & Myers,... on

Kevin Costner has been in some fantastic baseball movies: Field of Dreams, For Love of the Game, A League of Their Own, and his most entertaining – Bull Durham. In Bull Durham, he plays Crash Davis – “the player to be named...more

Esquire Deposition Solutions, LLC

Interstate Depositions and Discovery Act Widens Footprint

Esquire Deposition Solutions, LLC on

Nebraska has become the latest state to modernize its rules for taking depositions across state lines. The UIDDA is now effective in 43 states, the District of Columbia, and the U.S. Virgin Islands. On Jan. 27, the Nebraska...more

Esquire Deposition Solutions, LLC

eBook: Elements of a Strong Remote Deposition Protocol

Esquire Deposition Solutions, LLC on

Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather in groups. More importantly, the reality for litigators today is that it is very difficult to obtain a...more

Rumberger | Kirk

30(b)(6) Discovery in the Age of COVID-19

Rumberger | Kirk on

Defending corporate representative depositions in the new reality. If there is one lesson all trial lawyers have learned over the last year, it’s that life and the practice of law must go on, even in the face of upheavals...more

K&L Gates LLP

Litigation Minute: How to Prepare for a Virtual Deposition

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has forced those in the legal profession to transition to a virtual world in many respects. One example of this transition is conducting remote or “virtual”...more

Esquire Deposition Solutions, LLC

Make Your Zoom Meeting As Secure As Possible

Esquire Deposition Solutions, LLC on

For many lawyers, the early days of the COVID-19 pandemic were a forced apprenticeship with virtual communications technologies, perhaps none more important than the easy-to-use, low-cost Zoom videoconferencing platform. Zoom...more

Esquire Deposition Solutions, LLC

eBook: A First Timer’s Guide to Deposition Interpreters

Esquire Deposition Solutions, LLC on

Whether it’s an employment discrimination case or a personal injury matter, a patent dispute, or a cross-border antitrust proceeding, the probability that an attorney will encounter parties and witnesses with limited English...more

McGuireWoods LLP

Practical Guidelines for Lawyer Depositions

McGuireWoods LLP on

Although fortunately rare, lawyers' depositions almost always involve complicated privilege issues. One might argue that just about every question posed to a lawyer would justify a privilege assertion — but that would go too...more

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