The Cloud Court Blog

SEPTEMBER 28, 2022

“The deposition is the new trial.” – Jim Garrity, 10,000 Depositions Later podcast Jim Garrity, an employment attorney based in Florida, has produced scores of podcasts and published multiple books on the topic of depositions. And today, almost all testimony is in the form of deposition testimony for the reasons cited above.

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Depositions Witnesses Admissibility Litigation 52

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

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Discovery Burden Of Proof Litigation Evidence 130

E-Discovery LLC

AUGUST 21, 2024

See Felder Part 2 of 4: Defendant Sanctioned for Late Cancellation of Depositions. Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.”

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Evidence Discovery Objections Litigation 130

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

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Evidence Admissibility Witnesses Chain Of Custody 52

CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

The Cloud Court Blog

APRIL 24, 2023

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended.

Witnesses 52

Witnesses Litigation Depositions Motion Practice 52

Attorney at Work

JULY 22, 2021

Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state. I remember thinking that it is all about the evidence. seed round.

Legal Arguments 246

Legal Arguments Evidence Legal Precedent Technology 246

CaseFox

MARCH 23, 2023

Investigation: Once you have hired an attorney, they will conduct a thorough investigation to gather evidence to support your claim. Deposition or Negotiation: In many cases, the responsible party or their insurance company will attempt to negotiate a settlement with you rather than go to trial.

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Interrogatories Depositions Evidence Discovery 97

E-Discovery LLC

AUGUST 13, 2024

Next, the undersigned specifically directed the parties to identify a timetable for completion of all discovery, including taking any depositions. ( Regarding depositions, the undersigned cautioned Plaintiff that if she wanted to take any depositions, she was to communicate with the Defendant’s counsel about the same. (

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Discovery Depositions Interrogatories Objections 130

Joseph, Hollander & Craft

JUNE 3, 2024

Substantial due process protections implemented by the bill include a requirement that commencement of forfeiture proceedings be supported by a probable cause affidavit, a requirement that clear and convincing evidence support a final forfeiture order, and a requirement that courts consider whether forfeiture is excessive under the circumstances.

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Affidavits Litigation Depositions Evidence 52

Practice of Law

JULY 19, 2024

The trial court had previously granted a temporary restraining order against Martinez, alleging Saenz's evidence was sufficient to rise to the level of harassment. Saenz called Martinez’s office to schedule a deposition. However, that order expired and Saenz asked for a permanent restraining order. What Happened?

Evidence 40

Evidence Depositions Precedent Litigation 40

The Cloud Court Blog

JULY 11, 2023

Robust e-discovery technology, supported by expertise and services, helps organizations respond to litigation, compliance and investigation demands. For hundreds of years, if you wanted to know what happened in a deposition you didn’t attend, you needed to spend hours reading it. Would that help your team identify better evidence?

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Discovery Witnesses Litigation Depositions 75

Attorney at Work

JANUARY 11, 2022

It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional. With the delete key a tap away, it’s vital to defensibly collect this evidence while you can. Two TechnoLawyer award winners do just that.

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Technology Media and Entertainment Admissibility Legal Research 152

WA Bar News

JULY 10, 2024

Expediting Litigation), 3.3 Expediting Litigation), 8.4(d) Francisco Rodriguez acted as disciplinary counsel. Seidel represented respondent. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 Diligence), 1.4 Communication), 3.2 Candor Toward the Tribunal), 8.1 (Bar b) (Criminal Act), 8.4(c) Diligence), 1.4

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Attorney at Work

JULY 26, 2022

Litigation and justice proceedings are adversarial by nature and with the stakes involved, often result in amplified fears and feelings of grievance. Our team has assisted law firms and litigants in numerous situations over the years as a result of this dynamic. . Litigation, by nature, is an adversarial business.

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Litigation Arbitration Depositions Precedent 170

The Cloud Court Blog

AUGUST 17, 2022

Ask them to change only one thing about how they conduct their litigation practices. Suppose you have a matter where you’re noticed for several depositions. Within a few months, every litigation attorney is having the app ride shotgun in every deposition – taking and defending.

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Depositions Objections Litigation Witnesses 52

WA Bar News

SEPTEMBER 11, 2024

FUCILE [R]equests for sanctions should not turn into satellite litigation or become a ‘cottage industry’ for lawyers.” — Washington State Physicians Ins. 2d 1054 (1993) “Sanctions litigation has not become the “cottage industry” the Washington Supreme Court warned against 31 years ago in its seminal Fisons decision. Exchange v.

Discovery 52

Discovery Arbitration Pleadings Litigation 52

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. 19, 2021). [1]

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Evidence Discovery Affidavits Litigation 130

3 Geeks and a Law Blog

AUGUST 29, 2023

In her current role, Katie focuses on leveraging technology like AI to improve the litigation process for lawyers. Kristin explained that DISCO’s vision is to create great legal technology that helps lawyers find evidence faster. The hosts also introduced Kristin Zmrhal, who has over 20 years of experience in the legal tech space.

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Litigation Technology Evidence Discovery 59

Attorney at Work

JUNE 6, 2022

It was immediately evident to our firm that our role was to anticipate the questions and issues that our clients were going to face and provide them the information and resources they needed — before they could even ask the questions. “Anticipating client needs has always been a key component of good lawyering.

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Mediation Arbitration Depositions Education 288

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

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Admissibility Exhibits Cross-Examination Evidence 130

E-Discovery LLC

OCTOBER 7, 2024

Fact discovery closed a day before the court’s opinion; however, it had been extended for 14 days “for the purpose of taking depositions that couldn’t be scheduled before the discovery cut-off.” Identifying document custodians is supposed to be one of the first things litigants do in discovery, not one of the last.

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Discovery Depositions Witnesses Litigation 130

E-Discovery LLC

OCTOBER 16, 2024

Tekvantage and Teknowledgies are not parties to this litigation. ESI 101: Don’t Spoliate Evidence That’s Been Photographed (May 7, 2023)(defendants initially denied that a tablet existed; however, there was photographic evidence of it). [2] Lain also owned Tekvantage, Inc. Her husband, Timothy Dowerty, owned Teknowledgies, LLC.

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The Cloud Court Blog

APRIL 5, 2023

If you follow Cloud Court, you know we’ve written many times about Testimony Intelligence , our TI solution – Gibson – and how it delivers extraordinary advantages in large volume litigation. eDiscovery tools are indispensable in document-dense litigation matters. After all, documents are important – no question. Gibson does.

Depositions 52

Depositions Witnesses Litigation Evidence 52

3 Geeks and a Law Blog

OCTOBER 16, 2023

As a former litigator, Schafer experienced firsthand the frustrating scramble to finalize briefs and prepare filings. She founded ClearBrief in 2020 to leverage AI to analyze documents and suggest relevant evidence and citations to streamline drafting. ClearBrief integrates into Microsoft Word to align with lawyers’ existing workflows.

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Exhibits Evidence Litigation Technology 110

MyCase

NOVEMBER 2, 2020

And the second thing is the willingness of courts and practitioners to adopt the obvious, which is to have depositions remotely, and to have all the parties remote. But a month later, there I was doing depositions online, dozens of them, with attorneys who had previously objected to them. We often could speak.

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Energy and Utilities Depositions Education Technology 98

3 Geeks and a Law Blog

APRIL 26, 2023

Marlene Gebauer 1:10 And to round out our panel, we asked Darth Vaughn, Litigation Counsel and Legal Innovation and Technology Operations Lead at Ford Motor Company to join us as well. Hey, Evan, thank you very much for coming in and joining us. Evan Shenkman 1:07 Thanks for having me. I appreciate it. Darth Vaughn 1:20 Welcome.

Technology 94

Technology Legal Research Energy and Utilities Legal Services 94

The Cloud Court Blog

AUGUST 5, 2022

Looking back over the last 20 years, I’ve concluded that managing litigation as a GC was a lot like being a GM in baseball. Litigation, as we know, is also an unfair game. Your corporate witness is about to be deposed by a seasoned litigator on topics related to damages. But data exists. Second hypothetical. Certainly, I do.

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Litigation Witnesses Objections Depositions 52