Podcast - Part II: The Do’s and Don’ts of Demonstratives
Understanding Discovery in Commercial Litigation
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Preparing for Deposition Success
Podcast - Impeaching with a Deposition
LFLM LAW with L.A.W - Depositions in Workers' Compensation
The New Playbook for Depositions - Speaking of Litigation Podcast
What to Do When an Employee Receives a Subpoena
Podcast - Ethical Deposition Conduct
Facing a Deposition: Tips and Strategies
Podcast: What is a Deposition?
Sitting with the C-Suite: Trial Prep as a Launchpad for Services
Webinar: Conducting Depositions Online: What You Need To Know To Execute The Process Successfully And Legally
Butler's Thursday Tips #3 | Organization Matters
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
5 Ways to Defeat Deposition Abuse
California courts take seriously their rules against gamesmanship in pretrial discovery – as one lawyer recently learned. A stiff sanction, nearly $10,000, was the price he paid for refusing to turn on his laptop’s webcam,...more
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
Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more
The American Bar Association’s suggestion last year that it would be ethically problematic for lawyers to charge high fees for formerly time-intensive work made easy by generative artificial intelligence has prompted an...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
Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more
During the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my...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
[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more
Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process. Aldinger, an employment discrimination case pending in the United States District Court for the Western...more
Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and...more
When the California legislature enacted the Public Records Act, it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”. Gov’t...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
In an (unpublished) Order last week in Griggs v. Bittersweet Farms, LLC, Judge McGuire ruled that Plaintiffs' counsel's instruction to his client not to answer certain deposition questions was improper. He granted a Motion...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