E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. If StubHub provides it, and Plaintiffs don’t understand it, they should serve a 30(b)(6) deposition notice. This is adversarial litigation, and there need to be clearly understood responsibilities. But that’s not true.” emphasis added].

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. Plaintiffs later noted the deposition of a non-party, Dr. Fanning on March 29, 2024. The court wrote that: Dr. Fanning and well before the deposition. 5, 2024), the court explained the application of Subsections (b) and (d) of Fed.R.Evid.

Depositions 130

Depositions Subpoenas Evidence Discovery 130

E-Discovery LLC

OCTOBER 17, 2024

They also sought the former attorney’s deposition regarding the alleged offer. When it came to the request for a deposition , the court wrote: Lastly, Plaintiffs request a deposition of former Town Attorney Nugent in connection with his role in making the alleged quid pro quo as outlined in Plaintiffs’ motion papers.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

OCTOBER 22, 2024

DILATORY AND UNPERSUASIVE CHALLENGE TO DEPOSITION NOTICE “The Court need not resolve the factual skirmish over whether Washington agreed to the topics in NNI’s Rule 30(b)(6) notice to resolve the motion. The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” emphasis added).

Objections 130

Objections Depositions Discovery Witnesses 130

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.

Discovery 130

Discovery Burden Of Proof Litigation 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.

Discovery 130

Discovery Depositions Witnesses Litigation 130

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.

Depositions 52

Depositions Witnesses Admissibility Litigation 52

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 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]

Evidence 130

Evidence Discovery Affidavits Litigation 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.”

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

DECEMBER 16, 2024

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. As a result, Ms. Nguh filed a motion for sanctions for his failure to appear.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 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.

Discovery 130

Discovery Subpoenas Depositions Evidence 130

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.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

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.

Interrogatories 97

Interrogatories Depositions Evidence Discovery 97

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.

Litigation 237

Litigation Arbitration Precedent Depositions 237

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?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

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.

Technology 162

Technology Media and Entertainment Admissibility Legal Research 162

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

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. (

Discovery 130

Discovery Depositions Interrogatories Objections 130

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

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.

Mediation 306

Mediation Arbitration Depositions Education 306

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.

Evidence 110

Evidence Exhibits Litigation Technology 110

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?

Discovery 75

Discovery Witnesses Litigation Technology 75

SW&L Attorneys Blog

NOVEMBER 8, 2024

Stashing Physical Cash or Valuables: Assets like cash, jewelry, or collectibles are sometimes hidden in safety deposit boxes, with friends or family, or in obscure locations to avoid being accounted for. Consistent documentation serves as evidence in court and makes it harder for a spouse to distort the financial picture. In Johnson v.

Finance and Banking 76

Finance and Banking Subpoenas Litigation Evidence 76

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.

Affidavits 52

Affidavits Litigation Depositions Evidence 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

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 93

Discovery Arbitration Pleadings Litigation 93

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 Precedent Depositions Litigation 40

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.

Depositions 52

Depositions Objections Litigation Witnesses 52

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

Destination Articles Blog

NOVEMBER 26, 2024

From corporate compliance to contract negotiations and litigation, knowing what to retain, disclose, or contest is critical. Document review is often the most labor-intensive and costly phase in litigation. Compliance and Regulatory Requirements Document review isn’t just about litigation.

Education 52

Education Litigation Discovery Arbitration 52

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.

Litigation 59

Litigation Technology Evidence Discovery 59

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 1 In other situations, however, litigators make specific representations of fact or law based on personal knowledge. as those facts upon which the outcome of the litigation depends in whole or in part.

Pleadings 52

Pleadings Witnesses Arbitration Litigation 52

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.

Energy and Utilities 98

Energy and Utilities Depositions Education Technology 98

E-Discovery LLC

NOVEMBER 29, 2024

Doe complained of alleged piecemeal document production and, after deposition, “grew concerned” that relevant documents had not been produced. TRIGGER & SCOPE OF THE DUTY TO PRESERVE “The first element that a party seeking spoliation sanctions must prove is a duty to preserve the potentially relevant evidence…. 37(e)(for ESI).

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

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