Preparing for Deposition Success
How to Prevent Executives from Saying the Wrong Thing When Testifying
Law School Toolbox Podcast Episode 328: Listen and Learn -- Expert vs. Lay Witness Testimony (Evidence)
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
Podcast - Rule 1: Witness, Take Your Time
Three Witness Excuses to Avoiding Preparing
For Construction Safety Week 2025, join Cohen Seglias and Signature Safety for a timely webinar that examines what happens when a jobsite safety incident leads to an OSHA violation—and ultimately, a deposition. In this...more
Imagine a legal case where the official transcript is riddled with errors—witness statements are misquoted, key details are missing, and timelines are scrambled. Now, imagine an attorney building their entire case strategy on...more
A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more
On this episode of Litigator's Lounge, Niall McMillan and Anders Sleight discuss crucial tips for answering questions during depositions. Anders shares valuable advice, highlighting the importance of truthfulness, careful...more
On January 22, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century...more
A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more
U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more
U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more
On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more
Thorough preparation of the deposition witness is critical to successful deposition practice. Prior to the deposition, the witness should be advised how and when to respond to questioning, the roles of counsel and the court...more
A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more
On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable. Yita LLC v. MacNeil IP LLC, IPR2023-00172, Paper 70 (PTAB Jun. 6, 2024)...more
In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more
“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more
Last week’s Privilege Point described a Nevada federal court ruling that a lawyer’s testimony about non-privileged matters did not waive that fragile protection. Snow Covered Capital, LLC v. v. Fonfa, Case No....more
For obvious reasons, lawyers rarely testify at trial. The ethics rules normally prevent a lawyer from trying a case if she is “likely to be a necessary witness.” ABA Model Rule 3.7. And any lawyer’s testimony presents...more
This insight was initially published in 2022 and updated in August 2024. The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts to address unfair or deceptive acts or practices...more
Are personal injury plaintiffs legally required to testify at their trials? Actually, not. Under the right circumstances, deposition testimony can be used in lieu of live trial testimony if the trial court finds that the...more
Nearly 150 years after Miles Bartholomew introduced the first shorthand machine, the various technologies and tools utilized to record court proceedings and legal matters continue evolving. Today, realtime deposition...more
This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more
The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds...more
I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine:...more
You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more
Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more