Esquire Viewpoint: Getting you ready for what's next in litigation
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With Threats Rising, New York Mandates Cybersecurity Training for Lawyers
Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first in the nation, was recently ordered by the New York Supreme Court, Appellate Division, which regulates the legal profession in that…
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Washington High Court Announces Preference for Remote Depositions
Washington’s embrace of remote depositions is contained in a set of court rule revisions issued by the Washington Supreme Court Oct. 27. The rules took effect Oct. 31, the day that the governor’s emergency proclamation addressing court operations during the COVID-19 pandemic expired. For civil matters litigated in Washington state courts, all depositions will be subject to…
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Taming the Fears of First-Time Deposition Witnesses
In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge Bennett wrote, “means thinking of every detail, especially when communicating with juries.” Modern discovery depositions are a good case in point. When…
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The Deposition Is Over, Now What?
A few moments of housekeeping at the end of a deposition can pay big dividends later. After all, impressions of the deponent’s testimony are fresh and everyone involved in the deposition is present, either online or in the deposition room. Now is the time to clear up loose ends with opposing counsel, note any stipulations…
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Before You Press “Record” on a Zoom Deposition
If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and images transmitted – reliably, it appears – across the Internet to each other. The technology to make a video…
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Deposition Testimony Fell Short of Proving Fraud Against Insurer
A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a deposition witness. Should the cross-examining attorney press the witness for additional details in an attempt to discover as much favorable testimony as possible? Or…
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Underwriters See Rising Ransomware Threats and Liability Exposure
Ransomware is the wolf at the law firm’s door that just won’t go away. In fact, he’s getting bigger and hungrier. Ransomware attacks in recent years are more pernicious, more difficult to prevent, and more expensive to pay off. Enter cyber-insurance, a formerly sleepy corner of the insurance world that has become enormously complex and…
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Rx for Law Firm Cyberthreats: Planning, Training, and Vendor Due Diligence
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
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
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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