Esquire Viewpoint: Getting you ready for what's next in litigation

The world of litigation is rapidly evolving. Learn how to get more from your investments, improve outcomes and seize the opportunities inherent in change.

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Covid-Enforced Virtual Working Boosts Litigators’ Confidence In Tech Skills

By Esquire Deposition Solutions | November 2, 2021

Of all the changes that COVID-19 imposed upon us, remote working has been one of the most profound. Now it has become a permanent fixture in full-time, part-time, or hybrid variations across many industries, including the legal profession. To understand how remote work affects attorneys’ day-to-day lives, Esquire executed a survey with litigators to explore…

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eBook: Seven Keys to a Perfect Deposition Transcript

By Esquire Deposition Solutions | August 18, 2021

Conducting remote depositions during the COVID-19 pandemic required attorneys to litigate cases under unfamiliar circumstances as everyone coped with social distancing and other government health mandates fashioned in response to the COVID-19 pandemic. Regardless of the circumstances, however, the litigator’s objective has always been the same: to create an accurate record of the deponent’s testimony…

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eBook: COVID-19’s Impact on the Future of Virtual Depositions

By Esquire Deposition Solutions | May 10, 2021

Historically, face-to-face depositions have been the norm in litigation. Even as technology has advanced over the last several decades, ushering the world into the internet age, legal practice has clung to tradition. In the last 15 years, there has been a steadily growing acceptance of technology’s role in litigation due in no small part to…

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eBook: Make Your Zoom Meeting as Secure as Possible

By Esquire Deposition Solutions | March 11, 2021

This eBook reviews security measures deployed by Zoom and security measures that should be adopted by users of the platform. Together, they can create an information-sharing environment that meets the legal profession’s ethical obligation to take reasonable measures to protect client information from access by unauthorized persons in most uses.

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eBook: Elements of a Strong Remote Deposition Protocol

By Esquire Deposition Solutions | February 23, 2021

Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather in groups. More importantly, the reality for litigators today is that it is very difficult to obtain a continuance until some future date when the public health crisis will abate sufficiently to allow in-person depositions to resume.

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Rx for Law Firm Cyberthreats: Planning, Training, and Vendor Due Diligence

By Esquire Deposition Solutions | October 4, 2022
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We’re all familiar with the adage that, for businesses, the question is not “if” but “when” a data breach or ransomware attack will occur. The odds of a cyberattack aren’t as high as death and taxes but they’re approaching a comparable level of certainty. Or so it seems. Cyberattacks today are endemic. News publisher Cybersecurity…

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Using Technology to Fight the Litigation Talent War

By Esquire Deposition Solutions | September 27, 2022
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Within the legal community, technology is typically viewed as a means to increase lawyer efficiency, whether through document assembly, document review, collaboration, and remote work or lately through the use of artificial intelligence to extract hidden insights from large datasets. But some litigation experts see another promising use for legal technologies: as a weapon to…

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62-Hour Trek to Palau or Remote Deposition From Home? You Be the Judge

By Esquire Deposition Solutions | September 21, 2022
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Palau is an island archipelago in the Pacific Ocean. The local economy depends on tourism, mainly from visitors interested in snorkeling and scuba diving along its beautiful barrier reefs. Tourism aside, the Palau economy is dominated by the fishing trade. Palau fishermen export delicious and increasingly rare bigeye and yellowfin tuna destined for sushi restaurants,…

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Law Firms Increasingly Add Technology and Technologists to Litigation Teams

By Esquire Deposition Solutions | September 20, 2022
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Esquire Deposition Solutions General Counsel Avi Stadler discussed the future of litigation with a panel of other experts during a recent American Lawyer Media (ALM) webinar. Discussion focused on the growing presence of data scientists and technology experts on litigation teams, and how technology is both altering – and accurately predicting – litigation outcomes. Stadler…

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Nevada Court Takes Action Against Deposition Misbehavior

By Esquire Deposition Solutions | September 14, 2022
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Earlier this year court officials in Clark County, Nevada, attempted to reign in deposition misbehavior by issuing an administrative order that collects in one place the law pertaining to the most common deposition-related disputes. The effort appears to have been successful. Since the publication of Eighth Judicial District Court (Clark County) Administrative Order 22-08 on…

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Mere Document Review Left Corporate Representative Inadequately Prepared for Deposition

By Esquire Deposition Solutions | September 7, 2022
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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

By Esquire Deposition Solutions | August 30, 2022
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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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How COVID-19 Changed the Court Reporting Industry for the Better

By Esquire Deposition Solutions | August 23, 2022
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The story of how the legal profession embraced technology almost overnight in order to keep the justice system functioning through the COVID-19 pandemic is by now a familiar one. Just as Dorothy discovered in The Wizard of Oz that she always had the ability to return to Kansas, so too lawyers discovered they always had…

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Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

By Esquire Deposition Solutions | August 17, 2022
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We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent would be testifying – remotely – within 100 miles of his residence. The court’s ruling made a lot…

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Effective Cross-Examination of Experts During Deposition

By Esquire Deposition Solutions | August 10, 2022
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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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