How Requests for Admission Can Trigger Right to Recovery of Deposition Costs

A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory command that the depositions be “necessarily obtained for use in the case,” 28 U.S.C. 1920(2), and further limited by the need to actually…

Read More

The Need to Translate Pleadings for Service Overseas

A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern multinational corporations and online business activities. Similar forces are at work in the area of service of process. More than ever, U.S.-based litigators are filing…

Read More

The Power of Depositions

Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion that she had turned over all relevant text messages stored on her cell phone. The case underlines a principle…

Read More

Document Translation Challenges in Modern Litigation

The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents written in languages other than English. These might be business records, contracts, patent descriptions, internal e-mail communications, or – due to liberal pretrial discovery…

Read More

Using Technology to Trim Litigation Costs

The emergence of artificial intelligence as a critical legal technology has prompted discussions among law firm leaders regarding how AI usage should be disclosed to clients and who – the law firm or the client – should benefit from any resulting cost savings. While artificial intelligence technologies will undoubtedly play a role in minimizing litigation…

Read More

Protective Order Preventing Deposition Leads to New Trial

Jury trials are expensive. They disrupt jurors’ lives for days or weeks,. They demand the complete attention of court personnel. They require witnesses to make time for court appearances and travel to and from the courthouse. And they cause the litigators to back-burner the concerns of other clients for the trial’s duration. No wonder appellate…

Read More