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Depositions Attorney-Client Privilege Discovery

Lowndes

Deposition Basics: What to Expect and How to Prepare

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As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more

McGuireWoods LLP

California Federal Court Addresses Discovery About Discovery

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Aggressive litigation adversaries sometimes try to make a discovery sideshow into the main event. A party’s search for responsive documents occasionally triggers such an effort....more

Snell & Wilmer

Arizona Court of Appeals Clarifies Proper Scope of Deposition Questioning and Gives Litigants Early Look at New Special Action...

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The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more

Lathrop GPM

Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel

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A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and...more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

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Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Snell & Wilmer

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

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The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

Miller Canfield

Michigan Supreme Court Approves Significant Changes to Michigan Court Rules Effective January 1, 2020

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The Michigan Supreme Court has adopted proposed changes to several Michigan Court Rules, at the recommendation of the State Bar of Michigan Civil Discovery Rule Review Special Committee. Those changes take effect January 1,...more

Dorsey & Whitney LLP

Federal Magistrate Judge Tells Cautionary Tale About How Not to Conduct Discovery in Federal Court

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Earlier this month, a federal magistrate judge in the Eastern District of New York, Judge Lois Bloom, issued a report and recommendation (“R&R”) that the ultimate sanction of default judgment be entered against certain...more

Buchalter

Client Sends Privileged Email From iPhone That Triggers Inadvertent Production Rule

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Eight years ago the Second District Court of Appeal issued a decision establishing an attorney’s ethical duties upon receipt in discovery from opposing counsel of an inadvertently produced, privileged communication. State...more

BCLP

The A++ Forms and Resources–Defending Depositions, Prepping Your Witness, Practical Tips and Key Errors to Avoid

BCLP on

Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Arnall Golden Gregory LLP

“That’s [Not] Privileged”: A Corporation’s Duty to Prepare a 30(b)(6) Witness Includes Sharing Knowledge of Legal Counsel

When a company is noticed for a deposition, it has a duty to prepare its witnesses to fully and unevasively answer questions about the designated subject matters. Companies may not realize, though, that the preparation must...more

McDermott Will & Emery

Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

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Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world. ...more

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