Mere Document Review Left Corporate Representative Inadequately Prepared for Deposition

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 (S.D. Ohio, Aug. 19, 2022), stemmed from an exceedingly non-productive deposition of the assistant controller at FirstEnergy Corp., a company that has been embroiled in a…

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Deposition Cross-Examination of Expert Leads Court to Dismiss Malpractice Claim

We recently wrote on strategies for effectively cross-examining expert witnesses, noting that litigators can make good use of deposition time by exploring in detail the facts supporting the expert’s opinion. While it is difficult through cross-examination to cause an expert to abandon his or her opinion, it is nevertheless true that even the most damaging…

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Effective Cross-Examination of Experts During Deposition

Although it’s undoubtedly true that patent litigators have deep expertise in their corner of the scientific world and Texas oil attorneys could teach a college geology class, the fact remains that most litigators do not share the same level of expertise as the expert witnesses they depose in contested, complex cases. This disparity in subject-matter…

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Remote Depositions Find Permanent Home in Revised Florida Court Rules

Earlier this month the Florida Supreme Court ordered sweeping changes to that state’s court rules, giving technology-driven virtual hearings and remote depositions a permanent role in the state’s judicial processes. The decision is further evidence of the widening acceptance of modern communications technology within the legal profession. The court said, in a July 14 opinion,…

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