News & Analysis as of

Evidence Discovery

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

The Pros and Cons to Camera Placements

by Planet Depos, LLC on

Video depositions can be beneficial to your case, as they can show the witness’s facial expressions, body language, changes in the inflection of the witness’s tone of voice and pauses before answering. To ensure the best...more

Protection for Investigation Materials Remains in the Eye of the Beholder

by Moore & Van Allen PLLC on

One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Japanese Deposition Update: Travel Fees

by Planet Depos, LLC on

As many attorneys in the field know, the world of international law is constantly changing. Standards and practices recently adhered to may not be the norm today, as foreign jurisdictions frequently update their procedures...more

Why Paralegals are the Key to E-Discovery Success or Disaster

by Exterro, Inc. on

Attorneys think they are the project managers, but in all reality 99.9% aren’t. Don’t just take my word for it, in the 2017 In-House Benchmarking Report, 42% of in-house legal survey participants said that attorneys were the...more

Not So Fast: Limits of "Settlement Negotiation" Protections

by Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

5 Considerations when Choosing an Audio Transcription Provider

by Planet Depos, LLC on

Though it may seem like a simple process, there are several questions you should ask before hiring a transcriptionist to turn your audio file, whether it is a recorded hearing, meeting, or phone conversation, into a certified...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

by Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

4 Tips to Avoid Costly Visa Headaches

by Planet Depos, LLC on

Travel abroad is an exciting venture that conjures up all kinds of exotic images, whether they consist of swaying palm trees, bell towers soaring above breathtaking cathedrals, or mist-laden fields of heather dotted with...more

You v. The Mic: Mitigating Microphone Mistakes

by Planet Depos, LLC on

It’s the middle of your depo, and you pull your mic off, creating a loud sound on the record. You take a quick glance to the left and see the videographer giving you a stern look. You’re embarrassed, but don’t worry — this...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

So much for the quiet off-ramping for SoFi’s Mike Cagney. The fintech company’s board announced on Friday that Cagney is out immediately as CEO, not at the end of the year as Cagney had announced earlier in the week....more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

Helpful Tips To Make Your Mobile Videoconference Great

by Planet Depos, LLC on

Do you have an upcoming mobile videoconference? Whether it’s for a deposition, a business event, or maybe a MLB morning meeting, these tips will help you ensure your videoconference goes smoothly....more

12 Important Tips When Preparing For Videotaped Depositions

by Planet Depos, LLC on

The Planet Depos Trial Services Consultants have created a list of important tips for you when you prepare for videotaped depositions...more

3 Things to Know when Taking Depositions in Taipei (Updated)

by Planet Depos, LLC on

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host...more

8 Tips to Save Time & Money on Depositions (Updated)

by Planet Depos, LLC on

Who isn’t trying to be more economical these days? It seems everyone is tightening their belts just a bit. Law firms are no different, trying to cut costs for frugal clients looking for any expenses they can cut. ...more

5 Client Deposition Preparation Tips

by Planet Depos, LLC on

You have heard it many times: failure to plan means planning to fail. Depositions sometimes offer a poignant example of this maxim. Many lawyers schedule a deposition and do nothing more than notify their client of when...more

5 Keys to Coordinating International Depositions (Updated)

by Planet Depos, LLC on

Coordinating international depositions can be an expensive, time-consuming process. Working with a court reporting firm experienced in international depositions greatly reduces the time and expense law firms would encounter...more

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

by CloudNine on

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the...more

Planning for Depositions in Spain (Updated 2017)

by Planet Depos, LLC on

Planning for depositions in Europe can be challenging for a variety of reasons. Fortunately, coordinating depositions in Spain is not too different from planning depositions in the U.S. Spain is one of the parties to The...more

Hixon: Medical records and privacy

by GableGotwals on

Many people mistakenly believe that their medical files maintained by their physicians are 100 percent private. However, there are legal scenarios in which those files are under subpoena and that require physicians to comply...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

Securing Your Firm or Business Before (And If) an Employee Betrays You

by GableGotwals on

Imagine that several months ago, you hired an energetic employee that originally had a lot of ideas for the growth of your company, but now just has a lot of excuses for poor performance. You can't prove it, you've heard...more

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