Litigating in the Virtual World: Passing Fad or Wave of the Future?
Sitting with the C-Suite: The New Normal - Embracing Remote Technology
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Sitting with the C-Suite: COVID 19 Impact – Four Sectors of Change for the Legal Industry
Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court. In response to this order, opponents of non-stenographic...more
Depositions are at the core of discovery. Eyewitness testimony, scientific and forensic facts, expert knowledge, character witnesses—it all starts with a formal deposition. When you’re a lawyer, budget is just one of many...more
Wouldn’t it seem odd to incur expenses for traveling to a remote deposition? After all, one of the most compelling benefits of a remote deposition is the elimination of costs associated with traveling to and from a physical...more
Government border agents conducted over 55,000 warrantless searches of cell phones and other electronic devices during the past year, according to recent federal reports. The latest statistics reflect a 17 percent jump...more
Modern litigation takes place in forums that generally favor remote depositions. Remote depositions are a good choice for any deposition. However, they particularly shine in situations where court reporters are in short...more
Is any date on the calendar more fertile ground for litigation than Halloween? We doubt it. The Fourth of July, perhaps, if you’re measuring merely the total number of personal injuries suffered on that glorious day....more
Deposition transcripts are typically not filed with the court. They’re not court records, and they’re not generally available to the news media, investigators, or the general public. However, once these materials are used in...more
Digital reporting technology is revolutionizing the court reporting field, offering a reliable and efficient way to capture deposition, hearing, and trial testimony. Litigators today are increasingly utilizing digital...more
In the legal profession, deadlines are both extremely important to make and difficult to manage—or even understand. In one infamous case from 2007, the Supreme Court ruled that an appeal was untimely, even though it was filed...more
The Florida Supreme Court is seeking public comment on a proposed civil procedure rules change that would require attorneys to have their computer cameras on at all times during remote depositions. While all jurisdictions in...more
The purpose of this article is to provide a high-level reminder of the leading practice-related issues litigators should keep in mind when approaching their next remote deposition. The information provided here consists of...more
This guide equips legal professionals with practical protocols for conducting remote depositions securely and efficiently, helping you streamline logistics, safeguard confidentiality, and reduce the need for unnecessary...more
There was a time not long ago when parties resisting a remote deposition would argue that their deposition was “document heavy” and thus unsuitable for remote proceedings. As recently as 2016, a leading treatise on commercial...more
Notwithstanding frequent “hallucinations” and the consequent embarrassment of getting caught relying on court rulings that do not exist, generative artificial intelligence is nevertheless fast becoming a familiar component in...more
Despite the evolving landscape of legal technology, the legal industry remains one of the most traditional sectors, often resistant to change. However, adoption of technology has never been more paramount, particularly in the...more
At this year’s Legalweek, the Nextpoint team joined EDRM to host a “Live from Legalweek” webinar and connect with leaders across the legal tech industry. Nextpoint’s eLaw Evangelist Brett Burney sat down with legal tech...more
According to a recent survey, artificial intelligence gained a significant foothold in corporate legal departments in 2025, where it is being used mostly for contract drafting and review, legal research, and document...more
California courts take seriously their rules against gamesmanship in pretrial discovery – as one lawyer recently learned. A stiff sanction, nearly $10,000, was the price he paid for refusing to turn on his laptop’s webcam,...more
Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause....more
The American Bar Association’s suggestion last year that it would be ethically problematic for lawyers to charge high fees for formerly time-intensive work made easy by generative artificial intelligence has prompted an...more
Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more
Legal matters of all kinds involve parties that speak different languages or otherwise need to bridge barriers of access to understand one another. Even situations where all parties speak the same language often require...more
New court rules went into effect in Massachusetts last month that authorize remote depositions whenever the party noticing the deposition elects that format. A prior proposal to make in-person depositions the default option...more
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to...more