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,…

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…

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…

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…

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…

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…

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…