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I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court...more
We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more
Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more
At a time when remote depositions are commonplace, litigators weigh any number of factors when deciding whether a deposition should be conducted in-person or remotely. Does the case turn on the credibility of the witness, and...more
On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more
A recent discovery ruling from an Ohio federal magistrate judge offers a helpful primer on how corporate representatives should prepare for depositions. The ruling, In re FirstEnergy Corp. Securities Litig., No. 2:20-cv-3785...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more
Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more