Podcast - Impeaching with a Deposition
Facing a Deposition: Tips and Strategies
What Not To Do If You Are Involved in a Federal Criminal Investigation
What Happens in a Federal Grand Jury?
A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined to...more
Digital technology is an integral part of today’s legal industry. The last 10 years have been transformative for the practice of law with strides forward in everything from legal research to practice management to trial...more
Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more
Depositions are easy if you remember their purpose. A deposition is a record the attorneys are making. Clarity and thoroughness are paramount. In this article, we’ll discuss ten common mistakes attorneys might be making in...more
5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...more
The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by...more
In the first mandamus decision applying the US Court of Appeals for the Fifth Circuit’s new transfer motion guidelines under 28 U.S.C. 1404(a), the Federal Circuit followed suit and transferred a case for witness convenience....more
Success in taking a deposition comes with proper planning and effective execution. The basic recipe for success is to define the deponent’s importance in the case, identify the pertinent areas of inquiry and utilize the...more
More than a meeting but less than a trial—depositions are key building blocks to civil and criminal cases. Depositions are usually scheduled to interview your opposition’s witnesses, but as an attorney, you may also depose...more
Unfortunately, some divorce and family law cases cannot settle without an evidentiary hearing or a trial. When that occurs, contested litigation in divorce and family law matters can require much preparation work....more
It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more
Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing...more
The COVID-19 pandemic augmented our increasingly virtual world. As such, the plethora of data at our fingertips has changed. Business Insider reported that Zoom meeting participants rose from 10 million in December 2019 to...more
Join FordHarrison attorneys David Gobeo and Ari Hernandez for a complimentary webinar session that will discuss when and how to conduct workplace investigations following an employee’s complaint. They will review how to plan...more
The Florida Legislature has voted in support of CS/HB 677, which will create a new subsection of the Florida Evidence Code on the subject of judicial notice. Specifically, when it goes into effect on July 1, 2022, Section...more
The new normal is here, and it’s time to embrace the reality of remote, virtual, and hybrid depositions in the world of litigation. “Remote” depositions are nothing new and have actually been around for several years...more
The need to have an interpreter often presents itself during litigation, especially when deponents or witnesses are fluent in another language. To help ensure a smooth experience for all parties, there are a variety of best...more
Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more
Receiving a federal grand jury subpoena is a serious matter. Whether you are the target of a federal investigation or prosecutors believe you have information they can use to pursue charges against another person or company,...more
The new normal for signing estate planning documents in Illinois that began with Governor Pritzker’s March 26, 2020, Executive Order (No. 2020-14) is about to change. The Order authorized both the remote witnessing and the...more
In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to...more
This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor...more
Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more
What Is A Target Letter? Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary...more