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Discovery Trial Practice Guidance

IMS Legal Strategies

Want to Improve Credibility? Embrace Your Witness’s Humanity

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In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more

DRI

The Damages Paradox: For What It’s Worth

DRI on

All lawsuits start with the potential to someday reach the view of a jury. Yet, the jury’s perspective is often forgotten by attorneys preoccupied with discovery, motion practice, the preparation of witnesses, and the hiring...more

McManis Faulkner

60 Days Before Trial: Ready, Set, Go!

McManis Faulkner on

After months of hard work, countless hours poring over exhibits and documents, and late nights at the office, your case is headed to court. You are confident that you will be ready when the time comes, but as the date of...more

Farrell Fritz, P.C.

Keep it Secret, Keep it Safe: Commercial Division Protects Corporate Client Communications Under the Common-Interest Doctrine

Farrell Fritz, P.C. on

The attorney-client privilege is an old and well-known evidentiary privilege. It fosters candor between attorney and client, protects confidential information from being revealed to others, and ensures that the attorney can...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

Polsinelli on

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

Freiberger Haber LLP

The Attorney-Client Privilege: Common Interest Doctrine and Communications By Corporate Representatives Which Convey Legal Advice

Freiberger Haber LLP on

On numerous occasions, this Blog has examined the attorney-client privilege and the attorney work product doctrine.1 Today, we take another opportunity to explore the contours of these privileges....more

Planet Depos, LLC

At A Glance: Taking Depositions in Europe (Updated)

Planet Depos, LLC on

Who doesn’t dream of one day going to Europe? From Big Ben to the Louvre, the Colosseum to the Alps, the beaches to the food, countless cultural touchstones call visitors from around the globe to this magnificent continent...more

Farrell Fritz, P.C.

Signed, Sealed, Delivered

Farrell Fritz, P.C. on

Under Section 216.1(a) of the Uniform Rules for Trial Courts (“Section 216.1(a)”), courts are authorized to seal documents “upon a written finding of good cause, which shall specify the grounds thereof.” Section 216.1(a)...more

TRU Staffing Partners, Inc.

Get With the In-Crowd: Leverage ESI Contractors to Maximize Success

Get everything you need to know to accelerate topline revenue generation through innovative hiring modalities — from up-to-the-minute, exclusive market metrics, tips to win the best talent, insights from leading ediscovery...more

Farrell Fritz, P.C.

Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water

Farrell Fritz, P.C. on

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more

Nextpoint, Inc.

7 Key Questions to Consider When Directing Multi District Litigation in a Modern Digital Age

Nextpoint, Inc. on

The volumes of data involved in Multi District Litigation and Class Actions are exploding in both size and diversity, with no end in sight. Analysts project that the volumes of data being produced will double every two years,...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

Pullman & Comley, LLC on

Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Nextpoint, Inc.

Trial Presentation 101: Impactful Courtroom Demonstratives

Nextpoint, Inc. on

TRIAL PREPARATION SERIES / PART THREE OF THREE - A looming trial or hearing date is no reason to panic. As we have described in PART 1 and PART 2 of our blog series, if your trial team has kept a well-organized and...more

Nextpoint, Inc.

Taking Depositions: Preparation Strategies for Attorneys

Nextpoint, Inc. on

TRIAL PREPARATION SERIES / PART TWO OF THREE - Taking depositions is arguably the most useful discovery exercise to gather information and build a strong case. It is the only opportunity, prior to trial itself, where an...more

Holland & Hart - Your Trial Message

Distinguish the Four Types or Phases of Witness Preparation

Experienced trial lawyers know it is important that their witnesses are prepared to testify. At the deposition stage, and even when the likelihood of a trial is uncertain, it is critical to invest the time in making sure that...more

Nextpoint, Inc.

Trial Preparation 101: Strategies for Building Winning Arguments

Nextpoint, Inc. on

TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more

Nextpoint, Inc.

The Essential Guide to Preparing Your Case for Trial, Hearing, or Arbitration

Nextpoint, Inc. on

In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more

Akin Gump Strauss Hauer & Feld LLP

Unavailability of Witness for Cross-Examination Dooms Reliance on Affidavit Testimony in PTAB Proceeding

In a series of related inter partes review proceedings, the Patent Trial and Appeal Board recently granted a petitioner’s motion to strike the sworn affidavit of a witness who was unwilling to submit to cross-examination. In...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #8 for Surviving an Instituted IPR: Additional Discovery is Possible, but Should be Carefully Planned

Discovery procedures in inter partes review (“IPR”) proceedings, governed by 37 CFR § 42.51, are more limited in scope and timing compared to cases in district court. There are three types of discovery at the Patent Trial...more

Esquire Deposition Solutions, LLC

Remote Technology and Trials After COVID-19

The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to...more

TransPerfect Legal

The English Disclosure Pilot – The Story So Far

TransPerfect Legal on

The English Disclosure Pilot is into its home straight. The global pandemic has delayed (amongst other things) the report of the official pilot monitor, Professor Rachael Mulheron. To fill the void many practitioners are...more

Faegre Drinker Biddle & Reath LLP

“Deposition Distancing”: Practical Considerations for Defending Remote Depositions

Lawyers continue to work during the COVID-19 pandemic. As we discussed in a previous post, for litigators this may involve participating in remote depositions as courts attempt to keep discovery moving. We also provided tips...more

Holland & Hart - Your Trial Message

Know Your Trial Message

Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more

Goodwin

Issue Eighteen: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Releases a Second Update to the PTAB Trial Practice Guide

On July 15, 2019, the USPTO released a second update to Trial Practice Guide for AIA proceedings. The 64-page update reflects some of the recent opinions that the Board has designated as precedential and includes helpful...more

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