Esquire Viewpoint: Getting you ready for what's next in litigation
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Effective Use of Statistical Analysis in Depositions and Discovery
Most of the available information on expert witnesses and deposition practice instructs litigators on how to effectively prepare and examine the expert. There’s very little information on how the expert can help litigators build their case and make the best use of an expert witness’s time and talents. That’s not because there’s nothing to be…
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Remote Depositions Are Sustainable and Environmentally Responsible
To their credit, law firms across the country commemorated Earth Day by assessing the measures they are taking to use less energy and generate less waste in their day-to-day operations. Whether it’s for the purpose of cutting costs, creating efficiencies, or polishing their reputations as responsible members of the business community, law firms are taking…
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The New Normal Arrives Permanently in Minnesota
Minnesota’s judicial system is not going back to the way cases were decided prior to the COVID-19 pandemic. Starting June 6, litigators in Minnesota’s courts will have the certainty of knowing in advance which case matters will be held remotely and which will be held in person. In the vast majority of cases, the format…
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Courts Encouraged to Standardize Remote Hearing Procedures
Although remote court hearings continue to be afflicted by technical glitches and stressed-out judges tethered to their computers for hours on end, the benefits of remote hearings are worth investing the time and resources necessary to make them a permanent, reliable part of the administration of justice in this country. Everyone, it seems, benefits from…
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North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During Depositions
A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with the hospital’s witnesses during remote depositions, according to an April 5 ruling from the North Carolina Court of Appeals. The court’s ruling in Hall v.…
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10 Reasons to Consider Video Depositions Now
It’s one thing to say that video is more impactful than the spoken word or words printed on a sheet of paper. But it’s quite another to personally experience the power of video, as we all have during the past two years of virtual hearings, Zoom meetings, and remote depositions. Litigators today know that video…
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Discovery Depositions and Hearsay Evidence
The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522 (Calif. Sup. Ct., March 7, 2022), removed from the books an intermediate appellate court decision that it believed would have admitted…
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Reasonableness During Discovery Disputes: The Hidden Hallmark of a Great Litigator
If asked to list the qualities of a successful litigator, most people would sketch a similar profile: a zealous advocate for the client, a winner, a person with tenacity, intelligence, and the ability to bring judges and juries around to the litigator’s point of view. How about “reasonable”? One trial judge believes that’s a critical…
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New York Weighs First-Ever Cybersecurity CLE Requirement
The New York State Unified Court System recently published for public comment a proposal that would require state’s lawyers to take one hour of continuing legal education (CLE) on cybersecurity topics. The proposal, if adopted, would make New York the first state to explicitly require cybersecurity education for its attorneys. New York officials want attorneys…
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Lawyers: Be Smart (and Ethical) With Those Smart Devices
Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker. They’re all listening or watching. Nearly everyone is aware of these devices. But are we sufficiently aware of them? Do we…
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