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Depositions

Skadden, Arps, Slate, Meagher & Flom LLP

Civil Litigation in U.S. Courts: A Primer for Non-U.S. Entities

The U.S. legal system has a number of features distinguishing it from its global counterparts. For example, U.S. courts take a very expansive (and some would say intrusive) view of pretrial discovery that differs greatly from...more

Clark Hill PLC

[Event] 2026 Accounting Risk Management Program - May 7th, Atlanta, GA

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Join us for a timely and practical half-day program focused on the evolving landscape of accounting risk management. We’ll explore how accounting and financial services firms can build stronger risk-tolerance frameworks,...more

Husch Blackwell LLP

CIT Orders Depositions of CBP and BIS in Section 232 Exclusion Challenge

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On April 15, 2026, the U.S. Court of International Trade (“CIT”) ordered U.S. Customs and Border Protection (“CBP”) and the Commerce Department’s Bureau of Industry and Security (“BIS”) to sit for depositions in a case filed...more

Hendershot Cowart P.C.

Do You Have a Case? How Texas Businesses Use Pre-Suit Depositions to Collect Evidence of Trade Secret Theft, Non-Compete...

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Before you file a lawsuit, Texas law gives you a powerful but underutilized tool: the ability to investigate potential claims under oath – without filing suit first. Texas Rule of Civil Procedure 202 authorizes pre-suit...more

ModeOne

From Custodian to Counsel in Under a Day: Real Timelines with ModeOne

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In litigation and investigations, timelines matter. When legal teams need mobile data, they’re rarely asking for it because everything is calm and predictable. ...more

EDRM - Electronic Discovery Reference Model

[Webinar] Deposition Masterclass: 5 Key Strategies for Testimony that Wins Cases - April 16th, 12:00 pm - 1:00 pm CDT

Depositions can make or break your case long before you ever step into the courtroom. Telling a story is a key priority in any effective litigation strategy, and depositions present a valuable opportunity to bring this story...more

Esquire Deposition Solutions, LLC

What Role Will AI Play in Settlement Rates?

Last week’s blog examined whether pretrial discovery methods — and depositions in particular — have been responsible for the dramatic decline in civil trials. While the available evidence suggests that liberal discovery rules...more

Tannenbaum Helpern

What To Do if You Suspect Witness Coaching

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I am a recently admitted New York lawyer. I was involved in a case in which parties were disputing ownership of a historical artifact from a foreign country that had mysteriously disappeared from a museum....more

Weber Gallagher Simpson Stapleton Fires &...

How to Identify AI-generated Evidence and Hold Counsel Accountable

Artificial intelligence (AI) has become a part of nearly every industry, and the legal field is no exception. More specifically, AI-generated evidence is constantly evolving, and it is important for attorneys to keep learning...more

Esquire Deposition Solutions, LLC

Pretrial Discovery and the Vanishing Trial

It’s not exactly news that civil trials in America are disappearing. The numbers are dramatic: When the Federal Rules of Civil Procedure took effect in 1938, roughly 20% of federal civil cases reached trial. By 1962, the...more

Esquire Deposition Solutions, LLC

Confidentiality Comes First When Clients Give False Deposition Testimony

Clients dissembling in depositions place their lawyers in a difficult position, a situation we’ve noted in a prior article. Does the lawyer’s obligation to preserve client confidences protect the client’s false statement from...more

Felicello Law PC

What Does “Triage” Have to do With Litigation?

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In emergency medicine, triage refers to the rapid assessment of a situation to identify the most critical issues, stabilize risk, and allocate resources effectively. The goal is not to overreact. It is to act deliberately,...more

Freeman Mathis & Gary

Massachusetts court holds designating former attorney as expert witness waives attorney client privilege

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The Massachusetts Superior Court recently issued a notable discovery ruling that serves as an important reminder for litigants who consider naming a former attorney as an expert witness. In Cummings v. Deloitte, the court...more

Chartwell Law

Proposed NY WCB Deposition Rule Changes: What Should Carriers Be Preparing For?

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The New York Workers’ Compensation Board’s January 2026 proposed amendments to Sections 300.10, 301.1, and 301.3 may appear to be merely procedural, but they are not....more

Marshall Dennehey

New York’s AVOID Act Imposes Strict Deadlines on Third-Party Actions Starting April 2026

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On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (L. 2025, ch. 704), amending CPLR § 1007 to impose, for the first time, strict deadlines on third-party...more

Esquire Deposition Solutions, LLC

When Depositions Are the Least Burdensome Form of Discovery

Civil litigators accustomed to treating depositions as the most expensive option in pretrial discovery may want to reconsider. In some situations, a deposition can prove less burdensome than interrogatories or document...more

Husch Blackwell LLP

Heppner v. Claude: The First Privilege Waiver by AI Ruling—What Lawyers and Clients Must Know

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Key Point: In a question of first impression, a federal judge’s ruling that documents a client’s prompts to a generative AI system—and documents generated by AI to share with counsel—are not protected by the attorney-client...more

Association of Certified E-Discovery...

[Webinar] Review to Response: Standardizing Agentic AI Across the Discovery Lifecycle - March 4th, 10:00 am PST

Law firms are standardizing around agentic AI document review to handle both responsiveness review and key document identification in complex litigation. As firms have integrated this technology into their workflows, they...more

Goldberg Segalla

Motion to Preclude Witnesses Offered Outside Discovery Deadline is Denied

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner allege decedent Michael P. Dandry Jr., while an employee for Avondale, was exposed...more

Esquire Deposition Solutions, LLC

Proposed Rule 45 Amendments Clarify Subpoena Power Over Distant Witnesses

February 16 is the end of the public comment period on recently proposed federal rule changes affecting remote testimony and remote depositions. The rules revisions would make clear that federal trial courts have authority to...more

Esquire Deposition Solutions, LLC

Puerto Rico Moves to Join Interstate Deposition Framework

Hola! from Puerto Rico, where that U.S. territory’s Senate recently advanced legislation modernizing how lawyers obtain witness depositions across state lines. According to the Uniform Law Commission, a bill adopting the...more

Orrick, Herrington & Sutcliffe LLP

English High Court Refuses Anti-Suit Injunction to Block Subpoenas in BHP v. Pogust Goodhead

The English High Court has dismissed a claim for an anti-suit injunction (ASI) by BHP Group (UK) Ltd and BHP Group Limited (collectively "BHP") against PGMBM Law Ltd, trading as Pogust Goodhead. ...more

Esquire Deposition Solutions, LLC

AI’s Promising Role With Expert Testimony

One area where artificial intelligence has gained a strong foothold in litigation practice is in the preparation and cross-examination of expert witnesses. This shouldn’t be surprising. Expert opinions are frequently...more

Maison Law

What to Expect if Your California Personal Injury Goes to Trial

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If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more

Esquire Deposition Solutions, LLC

Artificial Intelligence Prompts Most Reader Interest in 2025

The journey from 2023 to 2025 has been interesting to say the least. The year 2023 was a time for considering the promise of artificial intelligence. In 2023, we highlighted nascent state efforts to regulate artificial...more

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