Legal Practice Areas That Are Thriving During the Pandemic

The economist John Kenneth Galbraith lumped all forecasters into two groups: those who don’t know what the future will bring, and those who don’t know they don’t know what the future will bring. This observation, while being both self-evident and humbling, hasn’t diminished one bit the business community’s ardor for the forecasting game. Some predictions…

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Four Questions Litigators Should Ask Before Conducting an In-Person Deposition

As the United States emerges from a prolonged period of remote legal proceedings and reduced in-person interactions to minimize the transmission of COVID-19, many litigators are weighing the desirability of in-person depositions. This time around, however, there are considerations that were not present prior to the pandemic. Responsible lawyers must now take steps to protect the…

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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 confidential information during pretrial discovery. So says the Sedona Conference in the recently released Sedona Conference Commentary on the Effective Use of…

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Advice on Virtual Jury Trials From Online Pioneers

Jury trials are among the last pieces of the judicial system to undergo a virtual transformation in the wake of the COVID-19 pandemic. Although some aspects of jury trials will never be replicated online — for example, the bonding process that jurors experience after spending days or weeks together — courts across the country have…

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