Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

When attorneys fail to meet their obligations, it can result in major financial losses, such as significant revenue decline or business closure due to costly litigation or a damaged business reputation. If you are a business owner, what evidence do you need to confirm that legal malpractice caused your business to suffer losses?

Evidence 97

Evidence Expert Testimony Objections Litigation 97

Civil Litigation Brief

JUNE 20, 2024

“WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to. As part of the 11th anniversary process I am looking at a blog that was written in June 2014.

Evidence 119

Evidence Witnesses 119

Civil Litigation Brief

AUGUST 22, 2024

Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo.

Witnesses 97

Witnesses Evidence Litigation 97

Law Sites

JULY 9, 2024

Jacqueline Schafer, the founder and CEO of Clearbrief, was inspired to start the company based on her own experiences as a litigator and appellate advocate. A pivotal moment for her came in an asylum case she was handling pro bono, when her ability to point the judge to critical evidence that supported her arguments saved […]

Evidence 173

Evidence Litigation 173

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 Technology Legal Precedent 246

Attorney at Work

NOVEMBER 15, 2021

The pace of litigation is dizzying. In the past, attorneys navigated these twists and turns by relying on intuition, experience and anecdotal evidence. Knowing where a judge sits in relation to their peer averages, as well as the number of cases the judge has on deck, can help litigators anticipate the likely pace of their case.

Litigation 255

Litigation Settlement Negotiations Legal Research Technology 255

Civil Litigation Brief

NOVEMBER 8, 2024

In Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) the witnesses gave evidence (or attempted to give evidence) from inappropriate places, including a bus. The judgment of Master Clark shows the need to follow the correct.

Evidence 98

Evidence Witnesses 98

IP Watchdog

NOVEMBER 6, 2023

The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.” Mylan Pharmaceuticals Inc. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

Evidence 105

Evidence Pharmaceuticals Construction Litigation 105

IP Watchdog

JUNE 28, 2023

But the available evidence does not support the Complaint’s contention that Judge Newman’s performance has adversely changed in any statistically-significant way compared to that of her colleagues on the court.

Evidence 111

Evidence Litigation 111

Civil Litigation Brief

JULY 18, 2024

She rejected the second defendant’s evidence based on. In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.

Evidence 80

Evidence Witnesses 80

E-Discovery LLC

JUNE 4, 2024

It was an honor to be part of a presentation on “Social Media in Litigation” to the Maryland Judicial College today, together with The Hon. We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page. Grimm (ret.), Shelton, Esq.,

Direct Examination 130

Direct Examination Discovery Litigation Evidence 130

Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

Evidence 75

Evidence Education Witnesses 75

Civil Litigation Brief

FEBRUARY 10, 2025

Expert evidence plays a critical, often decisive, role in clinical negligence litigation. An ability to assess expert evidence is a key part of the litigator’s role. This webinar looks at the rules and cases that govern the credibility of expert.

Evidence 59

Evidence Litigation Witnesses 59

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21-MD-02981 (JD) (N.D.

Litigation 130

Litigation Evidence Discovery Case Management 130

E-Discovery LLC

MARCH 13, 2025

Plaintiffs responded that: they would be hampered in gathering critical evidence of fraudulent conduct by Defendants and others; discovery would not impose undue prejudice on Defendants; and, there is a public interest in resolving fraud claims. Defendants Motion to Compel Arbitration is potentially dispositive.

Discovery 130

Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. at *2 (cleaned up); cf. Grimm, Michael D. Berman, et al.,

Discovery 130

Discovery Litigation Witnesses Depositions 130

E-Discovery LLC

AUGUST 29, 2024

The Court wrote that: “Plaintiff admitted that he lost, misplaced, or destroyed relevant, discoverable material since initiating the litigation.” To the contrary, Plaintiff’s statements that evidence was lost when he was evicted and put his belongings in storage indicate that the loss was not purposeful. The loss was undisputed.

Evidence 130

Evidence Discovery Litigation 130

Civil Litigation Brief

MARCH 26, 2025

The defendant had produced medical evidence. In Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ Hodge KC, sitting as a High Court Judge, refused the defendant’s application for an adjournment of the ongoing trial.

Evidence 77

Evidence 77

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130

Evidence Witnesses Discovery Litigation 130

E-Discovery LLC

APRIL 10, 2025

The potential downside of unitization by time period or number of messages is that it can artificially break up continuing conversations into separate documents, requiring the parties to manually reassociate them for use in the litigation. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery 130

Discovery Evidence Litigation Objections 130

Insurance Journal

AUGUST 21, 2024

A study from RAND found that rising litigation rates, trial awards and claim severity are consistent with the expected effects of social inflation. The study, What Is the Evidence for Social Inflation? Trends in Trial Awards and Insurance Claim Payments, …

Evidence 110

Evidence Litigation Insurance 110

E-Discovery LLC

MARCH 6, 2025

Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. While production issues concerning hyperlinked or modern attachments have been extensively litigated, in this blog I discuss some related evidentiary issues. Plaintiffs did not dispute the evidence. In In Re: Uber Technologies, Inc. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Depositions 130

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

Evidence 69

Evidence Witnesses 69

E-Discovery LLC

JANUARY 7, 2025

The court held that a party need not show that litigation was anticipated when the party is actually in litigation. 31, 2024), an inmate sued correctional officers from Waupun Correctional Institution for allegedly intercepting his correspondence based on a retaliatory motive. The court allowed the inmate to proceed on certain claims.

Privileged Communication 130

Privileged Communication Litigation Discovery Evidence 130

Newport Beach California Business Litigation Law B

FEBRUARY 4, 2025

If options like mediation fail, then you may need to consider litigation (i.e., Litigation empowers you to resolve disputes and protect your assets and reputation. How Business Litigation Works Business litigation is a structured legal process designed to resolve disputes. Litigation can drain your resources and time.

Litigation 52

Litigation Mediation Arbitration Evidence 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 Litigation Affidavits 130

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

Discovery 130

Discovery Interrogatories Depositions Litigation 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

Ball in Your Court

AUGUST 1, 2024

Yesterday, I sought to defend the value of my law school course on E-Discovery & Digital Evidence to a law Dean who readily conceded that she didn’t know what e-discovery was or why it would be an important thing for lawyers to understand. My métier has always been litigation, to… It was a bracing experience.

Digital Evidence 108

Digital Evidence Discovery Evidence Litigation 108

E-Discovery LLC

AUGUST 21, 2024

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.” 9, 2021); Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence (Jan.

Evidence 130

Evidence Discovery Objections Litigation 130

Discovery Advocate

JANUARY 26, 2024

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas 147

Subpoenas Evidence Litigation Discovery 147

E-Discovery LLC

NOVEMBER 5, 2024

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

Admissibility 130

Admissibility Litigation Discovery 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

E-Discovery LLC

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

JANUARY 28, 2025

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In Rivera v. Costco Wholesale Corporation , 2025 WL 295667 (D. Rivera was filing meritless discovery motions.

Discovery 130

Discovery Expert Testimony Affidavits Evidence 130

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

Civil Litigation Brief

APRIL 4, 2025

In LB Croydon v D (Critical Scrutiny of the Paedeatric Overview) [2024] EWFC 438 HHJ Kathryn Major (sitting as a Deputy High Court Judge) was severely critical of the medical evidence called by the local authority. That part of the.

Evidence 52

Evidence Witnesses 52