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.

Featured Articles

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.

Read More

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.

Read More

eBook: A First Timer’s Guide to Deposition Interpreters

By Esquire Deposition Solutions | February 3, 2021

Whether it’s an employment discrimination case or a personal injury matter, a patent dispute, or a cross-border antitrust proceeding, the probability that an attorney will encounter parties and witnesses with limited English proficiency rises every day. Not only is the United States becoming more diverse, its courtrooms are also often the forum of choice for…

Read More
  • All
  • Navigate Litigation 2.0
  • Drive Better Outcomes
  • Build the Bottom Line

Apr 21 2021

Drive Better Outcomes

Q&A With Christine Willette, Esquire’s VP of Acquisition Strategy

Christine Willette, RDR, CRR, CRC, recently became Esquire Deposition Solutions’ Vice President of Acquisition Strategy after more than three decades in the court reporting business as a court reporter and an agency owner. She has volunteered and served as a ...
Read More

Apr 14 2021

Navigate Litigation 2.0

Turning Deposition No-Shows to the Client’s Advantage

This post is addressed to the attorney who has properly noticed the deposition of an opposing party for but, for some reason, the intended deponent has failed to appear at the appointed time and place. A basketball metaphor comes to ...
Read More

Apr 6 2021

Drive Better Outcomes

Making the Record

Vox audita perit, litera scripta manet**The spoken word vanishes; the written word remains The responsibility of the court reporter is to preserve the record an attorney creates. You, the attorney, may have an excellent theory and a winning strategy, but ...
Read More

Mar 30 2021

Navigate Litigation 2.0

The High Price of Failing to Appear for Deposition

The necessity to advance civil litigation during the COVID-19 pandemic remains a challenge for counsel, even as positivity and death rates are falling across the United States. Litigators are juggling client meetings, court hearings, and pretrial depositions, all online, one ...
Read More

Mar 25 2021

Navigate Litigation 2.0

Latest Sedona Conference e-Discovery Glossary Emphasizes Data Security Technologies

We’re well into the digital age, and most litigators are familiar with the basic nomenclature of modern electronic discovery practice. Electronically stored information, document custodian, metadata, native formats, and predictive coding — these technical terms are widely understood and part ...
Read More
Woman conducting remote deposition via zoom

Mar 17 2021

Navigate Litigation 2.0

Should Cost Considerations Drive Broader Use of Remote Depositions?

The COVID-19 pandemic taught the legal community that technology can be deployed to effectively serve clients and resolve disputes remotely, if necessary. Suddenly stripped of their ability to meet in-person, lawyers and courts rapidly adopted technology to meet their professional ...
Read More

Mar 11 2021

Navigate Litigation 2.0

eBook: Make Your Zoom Meeting as Secure as Possible

For many lawyers, the early days of the COVID-19 pandemic were a forced apprenticeship with virtual communications technologies, perhaps none more important than the easy-to-use, low-cost Zoom videoconferencing platform. Zoom calls, Zoom hearings, and Zoom depositions proliferated as a matter ...
Read More
woman looking at computer screen

Mar 9 2021

Navigate Litigation 2.0

Upcoming ABA Survey Identifies Lawyer Well-Being, Diversity Challenges

Later this month, the American Bar Association will release the results of its largest-ever member survey on the challenges they’ve faced during the COVID-19 pandemic and how they believe the practice of law should change as the disease releases its ...
Read More
The Legal Professions Child Care Problem

Mar 2 2021

Navigate Litigation 2.0

The Legal Profession’s Child Care Problem

It’s no secret that the hardships associated with the COVID-19 pandemic have not dispersed evenly throughout our society. Small businesses bore the brunt of the economic fallout caused by drastic changes in consumer behavior and government-mandated public health restrictions imposed ...
Read More

Feb 24 2021

Navigate Litigation 2.0

Interstate Depositions and Discovery Act Widens Footprint

Nebraska has become the latest state to modernize its rules for taking depositions across state lines. The UIDDA is now effective in 43 states, the District of Columbia, and the U.S. Virgin Islands. On Jan. 27, the Nebraska Supreme Court ...
Read More

Feb 23 2021

Navigate Litigation 2.0

eBook: Elements of a Strong Remote Deposition Protocol

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 ...
Read More
paused jury trial system resists restart plans during COVID

Feb 17 2021

Navigate Litigation 2.0

Paused Jury Trial System Resists Restart Plans

Alas, the trip has been a long one. It’s frustrating to feel that any destination — whether it’s the end of a long family road trip or a return to in-person court proceedings — is just around a corner that ...
Read More
make your zoom meetings as secure as possible

Feb 9 2021

Navigate Litigation 2.0

Make Your Zoom Meeting As Secure As Possible

For many lawyers, the early days of the COVID-19 pandemic were a forced apprenticeship with virtual communications technologies, perhaps none more important than the easy-to-use, low-cost Zoom videoconferencing platform. Zoom calls, Zoom hearings, and Zoom depositions proliferated as a matter ...
Read More

Feb 3 2021

Navigate Litigation 2.0

eBook: A First Timer’s Guide to Deposition Interpreters

Whether it's an employment discrimination case or a personal injury matter, a patent dispute, or a cross-border antitrust proceeding, the probability that an attorney will encounter parties and witnesses with limited English proficiency rises every day. Not only is the ...
Read More
Cyber Insurance for Law Firms | Cyber Insurance Coverage for Data Breach Losses

Jan 26 2021

Navigate Litigation 2.0

Assessing Cyber Insurance Coverage for Data Breach Losses

Last week’s article on cybersecurity threats faced by the legal profession did not examine one risk mitigation strategy that is increasingly finding favor among law firms: the purchase of cyber liability insurance policies. The authors of the American Bar Association’s ...
Read More

Jan 19 2021

Navigate Litigation 2.0

Are We Taking Data Security Seriously Enough?

Every litigator should be able to give a positive answer to the following question: “Did I do everything reasonably possible to protect my clients against the loss of information they entrusted to me?” Although most attorneys would find the question ...
Read More

Jan 12 2021

Navigate Litigation 2.0

What the Legal Profession Was Reading in 2020

Yogi Berra, a data science pioneer and Hall of Fame manager for the New York Yankees, once declared, “You can observe a lot just by watching.” How true. It’s in that same spirit we take a look at our 2020 ...
Read More

Jan 5 2021

Navigate Litigation 2.0

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 ...
Read More

Dec 15 2020

Navigate Litigation 2.0

Practical Presentation Tips for Your Next Virtual Proceeding

Litigation moved online in a big way in 2020, demanding that attorneys learn new advocacy skills and shed tried-and-true courtroom habits that do not work well in virtual courtrooms, remote depositions, and other online environments. For example, the act of ...
Read More

Dec 8 2020

Navigate Litigation 2.0

Technology Tips From Virtual Trial Experts

Virtual trials are different from in-person trials. They demand technology that is unfamiliar to many and a new approach to trial advocacy, where the litigator’s voice and physical presence have been replaced by a video transmission that is, in many ...
Read More

Dec 2 2020

Navigate Litigation 2.0

Remote Technology and Trials After COVID-19

The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to courtroom hearings with constitutional significance like arraignments and trials, courts ...
Read More

Nov 18 2020

Navigate Litigation 2.0

Will In-Person Depositions Vanish Before COVID-19?

Did you notice that in-person depositions and remote depositions traded places in 2020? Legally speaking, that is. When 2020 began, in-person depositions were the default means of obtaining pretrial testimony. Remote depositions were possible, of course, but only by stipulation ...
Read More

Nov 10 2020

Drive Better Outcomes

Looking Your Best During Remote Depositions

Few in the legal community question the aphorism that “appearances matter.” They do. Rightly or wrongly, typos in a brief, tardiness, or other signs of inattention to detail are all impediments to successful representation of the client. A lawyer’s attire ...
Read More

Nov 4 2020

Navigate Litigation 2.0

When Deposition Advocacy Becomes Unethical

The German philosopher Arthur Schopenhauer, a cranky cultural observer who believed human beings were doomed to an existence no more fulfilling than the lives of moles, was nevertheless clear-eyed about the value of civility. Willful incivility, Schopenhauer wrote, is as ...
Read More

Oct 28 2020

Navigate Litigation 2.0

Clients Are Ready for Legal Profession to Embrace Technology

The push and pull of direct client feedback is a strong indicator of where the practice of law is, or should be, heading. As we recently described in this post on in-house legal departments’ impression of outside law firm performance ...
Read More

Oct 20 2020

Navigate Litigation 2.0

Employers Advised to Use Communication, Flexibility to Mitigate COVID-19 Litigation Risks

When weighing liability risks arising from employees contracting COVID-19 at the workplace, many employers instinctively turn to the liability waiver, a document that — in theory — will protect the employer against lawsuits for damages if COVID-19 is contracted on ...
Read More

Oct 13 2020

Navigate Litigation 2.0

In-House Counsel Describe Relations With Outside Firms During COVID-19 Pandemic

For outside law firms, the early lessons for delivering quality legal services to corporate clients during the COVID-19 pandemic are simple ones. Be present. Be nimble. Be helpful. Remote work is here to stay. These were some of the lessons ...
Read More

Oct 1 2020

Navigate Litigation 2.0

On COVID-19 Insurance Coverages: We Haven’t Seen Anything Yet

No doubt you’ve seen the Farmers Insurance ads claiming, “We know a thing or two because we’ve seen a thing or two.” Most describe insurance claims paid on foreseeable calamities caused by familiar animals — bears, deer, moose, and rodents. ...
Read More

Sep 24 2020

Navigate Litigation 2.0

When COVID-19 Meets the Litigator’s Office

COVID-19, an enduring public health challenge that stretches across the world, raises interesting legal ethics issues for lawyers. Ethical considerations while practicing law during the COVID-19 epidemic have been written about at length during the past few months, but one ...
Read More

Sep 16 2020

Drive Better Outcomes

COVID-19 Burnout? Bar Groups Can Help

Lawyer well-being is a fuzzy term for a distinct condition that determines a lawyer’s ability to effectively serve clients and thrive in the practice of law. Well-being, like health or happiness, describes a state of being: lawyers who are mentally ...
Read More

Sep 9 2020

Build the Bottom Line

Legal Help for COVID-19 Problems Is a Phone Call Away

Without question, the types of technology that the legal community has adopted to deal with the problems brought about by COVID-19 have been impressive. Retrofitting a system of justice—one that presupposes large groups of people working together and talking to ...
Read More

Sep 2 2020

Drive Better Outcomes

State Court Leaders Release Guidance for Next-Gen Court Technology

One legacy of our experience with the COVID-19 pandemic has been the realization that the legal system can innovate with astonishing speed when necessary to maintain operations. Zoom hearings, e-filing, virtual closings, and drive-by estate planning are now widely accepted ...
Read More

Aug 25 2020

Navigate Litigation 2.0

COVID-19 Trackers Showcase Law Firm Expertise

If tracking litigation is merely challenging, then tracking COVID-19 litigation must be a form of madness. Every day brings new cases and new theories of recovery across the country, as the virus continues to disrupt nearly every aspect of our ...
Read More

Aug 18 2020

Navigate Litigation 2.0

Scanning the COVID-19 Litigation Scene

Six months into our shared national adventure with SARS-CoV-2, mere words have lost their power to frame the gravity of the moment. The phrase “coronavirus pandemic” rolls off everyone’s tongue so easily, as if the topic under discussion were a ...
Read More

Aug 11 2020

Navigate Litigation 2.0

Courthouses Innovate to Safely Dispense Justice

June and July saw courts across the country struggling to resume in-person proceedings, with more than a few coughs and hiccups along the way. Courthouses opened only to close days later when an employee fell ill. And several lawsuits alleging ...
Read More

Aug 5 2020

Drive Better Outcomes

ABA Practice Forward Effort to Guide Next-Generation Lawyers

The coronavirus pandemic has stimulated change throughout the legal community, whether it’s judges conducting videoconference trials and managing partners re-thinking office space needs, or lawyers innovating new ways of delivering legal services. The American Bar Association wants to be part ...
Read More

Jul 28 2020

Build the Bottom Line

COVID-19 Fatigue? Don’t Let Your Ethics Guard Down

COVID-19 fatigue is real. The typical work day is long, the work is hard, and the end is nowhere in sight across much of the country. After months of “working from home,” lawyers can be forgiven if they’re weary of ...
Read More

Jul 21 2020

Navigate Litigation 2.0

Elements of a Strong Remote Deposition Protocol

The remote deposition has become a leading litigation tool for moving cases forward during the current coronavirus pandemic. Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather ...
Read More

Jul 15 2020

Drive Better Outcomes

COVID-19 Lawyering Demands New Professional Skillset

To their dismay, lawyers working through the early months of the coronavirus pandemic discovered a pressing need for a skill few possessed: the ability to effectively advocate in cyberspace. The world of webcam and screen was, alas, as alien as ...
Read More

Jul 6 2020

Navigate Litigation 2.0

Will Reopening Continue While Coronavirus Spreads?

When people say that progress is not linear, they’re expressing the idea that tomorrow won’t necessarily be better than today. Yes, we’ll reach our destination, but we might follow a circuitous route and may arrive later than anticipated. The expression ...
Read More

Jun 29 2020

Navigate Litigation 2.0

Federal Rules Changes for the Next Emergency Weighed

Lawyers from around the country recently weighed in on the need for amendments to the Federal Rules of Civil Procedure to meet the challenges posed by the COVID-19 pandemic and future national emergencies. Topping the list of proposals are calls ...
Read More

Jun 22 2020

Navigate Litigation 2.0

Survey: Attorneys Are Climbing the Technology Learning Curve

At this point in the legal community’s forced conversion to virtual lawyering, this much is clear: Attorneys are succeeding with remote technologies but not without a few bumps on the road to success. That sentiment was evidenced in a recent ...
Read More

Jun 16 2020

Navigate Litigation 2.0

Webinar: Conducting Depositions Online—What You Need to Know to Execute the Process Successfully and Legally

Are you prepared to move your depositions forward—online? Beware: It takes more than a webcam and an internet connection to safely and securely undertake the process. A complete understanding of what remote options are available and how they work is ...
Read More

Jun 10 2020

Navigate Litigation 2.0

Re-Opening After COVID-19: A Tall Order for Law Firms

With stay-at-home orders expiring across most of the United States, law firms are confronting for the first time the challenge of opening their physical offices in a manner that is safe for clients and employees, as well as in compliance ...
Read More

Jun 8 2020

Navigate Litigation 2.0

Virtually Litigating the Complex Case

In a July 2013 article that seems as if it could have been written yesterday, District of Columbia Superior Court Judge Herbert B. Dixon, Jr., predicted that virtual lawyering would become pervasive within the legal profession once lawyers familiarized themselves ...
Read More

Jun 1 2020

Navigate Litigation 2.0

Remote Lawyering Is Here to Stay

Although the COVID-19 pandemic’s lasting effects on modern society are far from known today, there’s little doubt that the disease has prodded a reluctant legal profession into the digital age. During the past few months more lawyers and judges than ...
Read More

May 26 2020

Navigate Litigation 2.0

Minimizing Employer Liability in Remote Workplaces

Almost overnight, the COVID-19 epidemic made remote work commonplace in many occupations across the country. While it has been challenging and stressful at times, employers have been surprised to see that the work is getting done, often sooner and at ...
Read More

May 18 2020

Navigate Litigation 2.0

Information Security Basics While Lawyering From Home

With offices shuttered and stay-home orders still in place across much of the country due to the COVID-19 pandemic, the task of providing legal services means working from home for nearly everyone, including attorneys and support staff. Even clients are ...
Read More

May 11 2020

Navigate Litigation 2.0

Effectively Preparing and Defending Your Remote Deposition Witness

With over 90 percent of the U.S. population under some form of government-mandated closure or social distancing directive, the legal community has been forced to embrace remote proceedings or risk being left behind. In order to move important litigation matters ...
Read More

May 5 2020

Navigate Litigation 2.0

Impact of COVID-19 on In-Person Proceedings

Trial judges and lawyers have been getting a lot of screen time lately. And that’s a good thing. Rather than allow the legal system to grind to a halt during the ongoing COVID-19 pandemic, courts and lawyers are keeping their ...
Read More

Apr 30 2020

Drive Better Outcomes

Fear Factor: The Remote Deposition Episode

Imagine a world where your greatest fears become reality. You’re in the middle of a deposition, frantically searching for a critical electronic document that’s nowhere to be found on your laptop. Opposing counsel is cross-examining your client, but the audio ...
Read More

Mar 30 2020

Drive Better Outcomes

6 Success Factors for Better Remote Depositions

Maybe you’re considering remote depositions as litigation grows and travel becomes more challenging. Or you’re already doing depositions remotely and want to improve. Either way, these six factors will help you get the most success and satisfaction out of your ...
Read More

Mar 23 2020

Navigate Litigation 2.0

Corporate Counsel, Outside Attorneys Teaming Up for Better Depositions

As general counsel, you typically let your outside attorneys manage your cases. You can’t be everywhere at once and only have so much bandwidth to monitor each discrete activity—from the initiation of a suit through judgment—in each of the dozens ...
Read More

Mar 17 2020

Navigate Litigation 2.0

Technology’s Role in Responding to the Coronavirus Pandemic

The impacts of the widening novel coronavirus pandemic are hitting home here in the United States. Within the legal community, law offices are scrambling to serve clients while keeping employees safe and complying with federal guidance and emergency rules in ...
Read More

Mar 9 2020

Drive Better Outcomes

Join a Deposition from a Plane? Why Not?

Practicing law can be stressful, and the stakes don’t get much higher than defending a high-profile class action suit—except when you’re defending one of the biggest companies on the planet. And you’re the lead attorney on the case. And it’s ...
Read More
remote-video-depositions

Mar 5 2020

Drive Better Outcomes

5 Reasons You Should Consider Remote Video Depositions

Grandparents chat face to face with grandkids over iPhones. Facebook users broadcast live from concerts and games. Pundits Skype into CNN every day. Yet we lawyers still fly around the country with our legal pads to conduct depositions in person? ...
Read More
Two coworkers examining a video on a computer

Feb 18 2020

Navigate Litigation 2.0

Protecting Legal Proceedings from Deepfake Technology

U.S. legal proceedings rely on evidence. The party who bears the burden of proof in a legal proceeding—whether civil or criminal—must meet that burden based on evidence presented. It’s no surprise, then, that deepfake technology is sending ripples of concern ...
Read More
CCPA Future of Privacy Law header image

Feb 10 2020

Navigate Litigation 2.0

The CCPA and the Future of Privacy Law

A new batch of laws became effective in California in January 2020, but one in particular is getting attention because of its implications for other states and the federal government. The California Consumer Privacy Act (CCPA) was passed by state ...
Read More

Feb 3 2020

Drive Better Outcomes

The Importance of Reviewing the Deposition Errata Sheet

For litigation attorneys, the wrap-up process at the close of a deposition is a familiar scenario: The taking attorney will state that he or she has no further questions, after the opposing attorneys have done the same. The taking attorney ...
Read More

Jan 15 2020

Drive Better Outcomes

4 Tips for Preparing for a Deposition Where a Translator Will Be Used

If you’ve noticed up a deposition for a witness who’s not a native English speaker, you’ll need to retain the services of a legal interpreter to translate for the record. Obviously, there’s more to the process than just finding someone ...
Read More
private meeting for whistleblower protection

Jan 13 2020

Drive Better Outcomes

4 Steps Attorneys Should Take to Ensure Privacy and Security in Whistleblower Cases

Whistleblowers perform an essential public service in keeping companies and government honest. Unfortunately, in revealing misconduct or illegal acts, they also put themselves at risk of retaliation for the role they play. For this reason, state and federal law protect ...
Read More

Nov 4 2019

Drive Better Outcomes

6 Things Court Reporters Wish You Would Do to Improve the Deposition Record

Everyone in the room wants a deposition to go smoothly. It’s more productive for you, less stressful for the witnesses, and easier for the court reporters to get the job done. However, you may be unaware of simple things you ...
Read More

Oct 29 2019

Drive Better Outcomes

Four Best Practices for Remote Depositions

According to a recent Thomson Reuters report on trends and benchmarking, one of the highest priorities for firms and legal departments in 2018 was controlling litigation costs. Many organizations see remote depositions as a cost-effective, efficient strategy for achieving this ...
Read More

Oct 23 2019

Navigate Litigation 2.0

The Battle to End the “SoCal Stip”

Like most states, California has established a legal procedure for the signing and distribution of depositions. Once upon a time, that procedure was cumbersome—particularly for those in traffic-heavy areas of Southern California like Los Angeles. Witnesses were required to visit ...
Read More

Oct 22 2019

Navigate Litigation 2.0

Cybersecurity: have you checked your service providers?

Cybersecurity is only as strong as your weakest link. No matter how well you shore up your firm or corporate legal department, you can still become vulnerable through a vendor. According to a Ponemon Institute study, sixty-one percent of US ...
Read More
legal team deposing a physician defendant

Sep 9 2019

Drive Better Outcomes

Successful Techniques for Deposing a Physician Defendant

The most critical aspect in the defense of a medical malpractice lawsuit is the deposition of the physician defendant. Since the majority of medical malpractice actions are concluded prior to trial, the deposition is often the best opportunity to directly ...
Read More

Aug 19 2019

Drive Better Outcomes

Court Reporting Ethics 101

Many different professions have codes of ethics that regulate the conduct of those in the industry. Court reporting is no different, and reporters must comply with the ethical rules to ensure they do not adversely affect the outcome of a ...
Read More

Jul 18 2019

Drive Better Outcomes

To Travel or Not to Travel? When to Consider a Remote Deposition

A deposition traditionally happens in a conference room, where lawyers for both parties, the witness, and the court reporter can all sit around the table. While it can be beneficial to stare into the eyes of the witness while you ...
Read More
Videographer recording a deposition

Jul 16 2019

Drive Better Outcomes

Four Benefits of Professional Videography

It’s often said that 93 percent of communication is nonverbal. While this figure is a misrepresentation of the research on which it is based, the reality is the things people say actually capture a very small percentage of what they ...
Read More

Jun 20 2019

Drive Better Outcomes

Three Questions to Ask When Hiring Court Reporters for Your Cases

Some law firms give little thought to the court reporting firms they use for litigation. They may assume that all firms have court reporters who are similarly trained and experienced, or they may stick with a court reporting service they ...
Read More

Jun 4 2019

Navigate Litigation 2.0

What’s Next in Depositions

Lawyers have been conducting depositions since the 19th century, and for decades, the process remained relatively unchanged. In recent years, however, deposition advancements in telecommunications, online security, and other areas have changed what’s possible in the practice of law. Even ...
Read More

May 14 2019

Drive Better Outcomes

Common Mistakes in 30(b)(6) Witness Preparation

Under Federal Rule of Civil Procedure Rule 30(b)(6), a party may depose a public or private corporation, a partnership, an association, a governmental agency, or another entity. Of course, it is not actually possible to depose an organization, so the ...
Read More

Mar 18 2019

Drive Better Outcomes

Growing Corporate Relationships

Esquire Corporate Solutions, the department manages institutional accounts, onboards law firms, and maintains corporate client relationships for the larger Esquire organization. In 12 years at the company, We’ve never felt better about our ability to lead and drive the industry. ...
Read More

Nov 29 2018

Navigate Litigation 2.0

When Is Polling Permissible?

The Danger of Conducting Pretrial Polls of Potential Jurors A Texas appellate court recently held that a pretrial poll designed to sway potential jurors crossed an ethical line. The court sanctioned the defense attorneys who conducted the poll with a ...
Read More

Nov 27 2018

Navigate Litigation 2.0

Imputed Disqualification: Challenges of Suing Former Clients

A recent case highlights the importance of a thorough and comprehensive conflict check process at law firms. In RehabCare Group East, Inc. v. Village Health Care Management, LLC, a magistrate judge recommended the disqualification of a lawyer and law firm ...
Read More

Nov 7 2018

Navigate Litigation 2.0

Termination of Representation and the Retention of Files

A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. This ruling included returning information such as privileged communication and confidential settlement ...
Read More

Oct 31 2018

Navigate Litigation 2.0

Key Takeaways from Recent Hybrid Medical Device Cases

The Government’s Response to Medical Devices The future of medical devices and the current uses of hybrid medical devices affects the way lawyers defend clients in product liability cases. As the future of medical devices continues to develop, lawyers must ...
Read More

Oct 24 2018

Drive Better Outcomes

The Role Evidence Plays in Avoiding Sanctions

Evidence is the cornerstone to most claims and its good-faith basis is what can avoid possible sanctions. In the case that an attorney exceeds the bounds of the law or unjustly burdens the court system, courts may impose sanctions on ...
Read More

Oct 17 2018

Drive Better Outcomes

Tips for Better Outcomes in Medical Negligence Cases

Winning a medical malpractice lawsuit has many different variables that need to be proven. Medical malpractice happens when a health care professional, doctor, or hospital, through a negligent act or omission, causes injury resulting in significant damages to a patient. ...
Read More

Oct 10 2018

Build the Bottom Line

The Case of Elon Musk and the SEC: Re-examining Corporate Fraud

Elon Musk and Due Diligence A Recent tweet by the Tesla Chief Executive Officer Elon Musk caused havoc when he publicly considered privatizing the company. After sending a tweet claiming he secured the necessary funding for privatization, shares skyrocketed by ...
Read More

Oct 3 2018

Navigate Litigation 2.0

Communications Between Clients and Adversaries May Cause Ethical Dilemmas

Know the Power of Email Commands Copying clients on emails sent to opposing counsel, whether through “cc” or “bcc” commands, may have serious consequences affecting attorney client privileges. While communicating with parties is necessary for driving litigation forward, lawyers must ...
Read More

Sep 26 2018

Navigate Litigation 2.0

This Is How to Competently Operate Cloud Computing Systems

How Changes in Technology Affect Competency Rules The client-lawyer relationship is an important one. With competent representation, clients receive legal services promised to them through the judiciary system. The American Bar Association Center for Professional Responsibility outlines this fundamental service ...
Read More

Sep 20 2018

Drive Better Outcomes

Tuning Up Integrity: Harassment and Discrimination in the Workplace

A New Resolution Considers Personal Conduct The Model Rules exist to ensure lawyers have a thorough understanding of the legal system and operate justly within its parameters. But the standard of ethics by which lawyers are supposed to operate assumes ...
Read More

Sep 12 2018

Drive Better Outcomes

Competent Representation Requires Mastery of Email

Best Practices for Online Communication The American Bar Association formally opines lawyers should provide competent representation for clients with the appropriate legal knowledge, skill, thoroughness, and preparation. ABA Rule 1.1 outlines these duties, and comment 5 makes clear that properly ...
Read More

Sep 5 2018

Navigate Litigation 2.0

Meeting the Objective Analysis Standard When Representing Former Clients

Outdated Standards Call for Review After coming under scrutiny by North Carolina Supreme Court officials, appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. As of last April, judiciary officials declared impropriety ...
Read More

Aug 29 2018

Navigate Litigation 2.0

Reviewing the Rules of the Road: Where to Conduct a Deposition

Interpreting Location Rules When Conducting a Deposition Conducting a deposition is a crucial part of the litigation process. Formal investigations take place to gather information about a case, better positioning both parties to define their strategies and save time once ...
Read More

Aug 22 2018

Drive Better Outcomes

When to Rely on PR Strategy: How Far is Too Far?

Retaining Attorney-Client Privileges Under certain circumstances, a public relations firm’s services become integral to the litigation process, securing attorney-client privileges between lawyers, clients, and the PR firm itself. But privileges aren’t always guaranteed between clients, lawyers, and third parties unless ...
Read More

Aug 15 2018

Navigate Litigation 2.0

Keeping Track of Consolidated Cases

Rights to Appeal Remain in Consolidated Cases In a decision made by the Supreme Court in the Fall of 2017, justices announced independent cause for appeal by a party in consolidated cases cannot be denied. This was decided during a ...
Read More

Aug 8 2018

Navigate Litigation 2.0

Think Twice Before You Post: How Social Media Waives Confidentiality

Social Media and Attorney-Client Privileges Privacy is actively discouraged by using social media. Chat rooms encourage public discussions, Facebook posts are available for friends to see, and lengthy arguments fuel a frenzy of comments and re-tweets on Twitter feeds. Eighty ...
Read More

Aug 1 2018

Drive Better Outcomes

Don’t Let the Clawback Bite Back: The Necessary Steps for Creating an Effective Clawback Agreement

Retrieve the Right Way Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To remedy this sensitive situation, litigators construct clawback agreements ...
Read More

Jul 25 2018

Build the Bottom Line

Understanding Corporate Monitoring and Fines

Hiring third parties to conduct international business is appealing: Foreign business agents, consultants, distributors, and other groups facilitate business by speaking local languages, providing expertise, and accessing professional networks –making business transactions straightforward and profitable. These professional engagements make sense, ...
Read More

Jul 18 2018

Drive Better Outcomes

Is Joint Representation of Two Clients in a Deposition Okay?

In matters of representation in complex cases, litigators have a responsibility to protect a client’s case and defend their right to invoke the Fifth Amendment. But these ideals become compromised when a lawyer deposes several clients at once, and conflict ...
Read More

Jul 11 2018

Drive Better Outcomes

4 Things You Must Know about AIA Trial Depositions

After the America Invents Act (AIA) passed with a vote of 304-177 in June 2011, inventors seeking patents had to be the first to file to lay claim to their innovations. As the first major shift in patent law since ...
Read More

Jul 4 2018

Navigate Litigation 2.0

Ongoing Biometric Privacy Litigation to Shape Scanning Technology

Access to biometrics has given us the chance to automate recognition and verification processes in an extraordinarily individualized way. The U.S. government uses biometrics to enhance national security, and their Automated Biometric Identification System (IDENT) overseen by the Office of ...
Read More

Jun 27 2018

Navigate Litigation 2.0

Federal Evidence Rules Finally Catch up to Digital Evidence Avalanche

Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an online record of everything in the cloud, ...
Read More

Jun 20 2018

Build the Bottom Line

Will AI Help or Hurt Legal Professionals?

When an industry is confronted with a new technology that seeks to improve the efficiency of tasks, the workers of that industry are naturally inclined to feel concerned about how that technology may disrupt the way the industry runs. Currently, ...
Read More

Jun 13 2018

Drive Better Outcomes

Activists Bring Climate Change Policy to the Courtroom

People and parties concerned with the current and tangible effects of climate change are finding places to point the finger of blame, including governments and companies who are making decisions with influence over practices that are suspected drivers of climate ...
Read More

Jun 6 2018

Build the Bottom Line

Employment Agreements that Prevent Class Action Litigation Deemed Legal

An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the National Labor Relations ...
Read More

May 30 2018

Navigate Litigation 2.0

U.S. IPR Patent Review Process Legality Has Been Upheld

Houston-based oilfield services company Oil States International, Inc. challenged the legality of inter partes review (IPR), a patent review process that allows the Patent Trial and Appeal Board (PTAB) to hold hearings with patent challengers and patent holders to determine ...
Read More

May 23 2018

Navigate Litigation 2.0

Reversed Ruling Could Allow Junk Science to Complicate Litigation

In July 2017, a three-judge panel reversed a ruling barring testimony and dismissal of cases in a suit in which the drug isotretinoin, more well-known as Accutane, allegedly has caused plaintiffs to suffer from inflammatory bowel disease (IBD). The original ...
Read More

May 16 2018

Navigate Litigation 2.0

The Emerging Prevalence of Commercial Disparagement

Commercial disparagement isn’t necessarily a fresh concept, but the pace of new commercial disparagement litigation (and potential cases) is recently quickening. In a world in which social media gives customer and companies the opportunity to say anything about one another ...
Read More

May 10 2018

Drive Better Outcomes

Why Does Class-Action Defense Spending Continue to Rise?

It’s almost inevitable; once a company grows its market to a certain size, its stakeholders are likely to face class-action litigation. Despite a downward trend in class-action defense expenditures from 2011 to 2014, spending has now reached its highest level ...
Read More

Apr 26 2018

Drive Better Outcomes

AOB lawsuits compound agony of Florida hurricanes

The storms of 2017 not only affected lives and property, they occasioned a flurry of litigation in Florida that has revived perennial calls for reform. During hurricane Irma, strong winds blew trees onto roofs, and heavy rains flooded homes. When ...
Read More

Apr 20 2018

Build the Bottom Line

Security perils continue to haunt law firms and clients

Law firms are investing more money in information security these days because their clients are effectively demanding it. More than 2 in 5 lawyers (41 percent) recently interviewed by Robert Half Legal were planning to spend more on information security-related ...
Read More

Apr 13 2018

Navigate Litigation 2.0

Online accessibility issues fuel new ADA litigation

The Americans with Disabilities Act has made public accommodations like retail stores more accessible to people with disabilities. Which raises the question – would those retail stores’ websites be considered public accommodations? That’s one of the issues at the heart ...
Read More

Apr 5 2018

Navigate Litigation 2.0

Climate goes to court

The pace of climate litigation is anything but glacial. We’ve seen a flurry of important developments in just the 90 days since we first blogged about the new climate litigation movement. Plaintiffs are pressuring oil companies for compensation and governments ...
Read More

Mar 23 2018

Build the Bottom Line

Drone litigation takes flight

Drones are soaring in popularity and, given the cloudy legal atmosphere, have injected jet fuel into aviation law practices. What are the rules for flying them? Who makes the rules? And what if you feel threatened by a drone? The ...
Read More

Mar 20 2018

Navigate Litigation 2.0

I won the lottery. Does anyone have to know?

Three intriguing new cases related to privacy, legal and personal, just cropped up: A court deals another blow to Facebook’s face-recognition program. A landowner fights to keep spy cameras and border patrollers off his ranch. And a lottery winner tries ...
Read More

Mar 9 2018

Navigate Litigation 2.0

What’s next in malpractice litigation?

Malpractice litigation isn’t what it used to be. Successful medical malpractice claims have been falling in number over recent decades. The trend could shift, however, if litigators gravitate toward new, tech-related frontiers of the practice. The rate of paid medical ...
Read More

Mar 1 2018

Navigate Litigation 2.0

Weed and robots to alter liability landscape

Sea changes in society often bring big waves of litigation. There’s every reason to expect more of the same with the advent of legal cannabis, robot-driven surgery and driverless cars. Sale of recreational cannabis is legal in a handful of ...
Read More

Feb 21 2018

Drive Better Outcomes

When graffiti is art, whitewash is a weapon

Plaintiff attorneys: you might want to reconsider your definition of art. Defense attorneys: be careful what your clients demolish, and how they demolish it. Artists: your community just got bigger. In a landmark case, 21 graffiti makers in Queens, New ...
Read More

Feb 15 2018

Navigate Litigation 2.0

Why secrecy matters in product liability

Should evidence in product liability cases be protected, sealed, and confidential? And does this secrecy put unwitting consumers at risk? Confidentiality may be a non-negotiable condition for a victim to secure a settlement, so granting it may be your first ...
Read More

Feb 8 2018

Navigate Litigation 2.0

Can litigation halt the opioid crisis?

Opioids are the new tobacco, at least when it comes to litigation. Numerous claims have been filed across the country by cities (including New York), counties and states against makers and distributors of prescription painkillers. Delaware, for example, just became ...
Read More

Feb 1 2018

Navigate Litigation 2.0

New: a climate litigation movement

Climate-related efforts have spread from the science community to politicians to regulators to activists – and now, increasingly, the courts. As of last May, the United States had 654 climate change litigation cases - almost three times that of the ...
Read More

Jan 25 2018

Drive Better Outcomes

What’s new, what to expect in Class-action

What do fashion, the Supreme Court, and GMOs have in common? Class-action litigation. Here are some recent noteworthy developments in the category with implications for 2018. Workplace Class-actions are getting pricey. The monetary value of the top 10 workplace class-action ...
Read More

Jan 18 2018

Navigate Litigation 2.0

Let’s clear up your cloud-related obligations

Got responsibilities? Of course you do, lots of them. Competent lawyering means knowing the law, honing skills, and preparing thoroughly. But that’s just in reference to your cases. A whole other set of responsibilities is cropping up around the technologies ...
Read More

Jan 12 2018

Navigate Litigation 2.0

2018 Will Bring Smarter, Data-Driven Law

A new year prods us to stop reflecting and start anticipating, so let’s get right to 2018’s crystal ball. Particularly intriguing are prognostications around data, artificial intelligence, analytics and machine learning – terms that overlap. “2018 may be the year ...
Read More

Jan 4 2018

Navigate Litigation 2.0

Internet of Things will spawn lots of things to litigate

The Internet of Things, among a handful of new technologies transforming the way we live, is also shaping up to be a ripe area for litigation. Expect to see claims around IoT security, privacy, data ownership and profit-sharing. There will ...
Read More

Dec 19 2017

Drive Better Outcomes

Our Holiday Wish List for You

Law never takes a vacation, but legal professionals do. Or should if they want to stay fresh, productive and familiar to their families. So as we enter the time of year reserved for loved ones, here’s Esquire’s Holiday Wish List ...
Read More

Dec 7 2017

Navigate Litigation 2.0

Blockchain, the next litigation magnet

Blockchain – the hot new distributed ledger technology that underlies cryptocurrency – is also shaping up to be a rollicking arena for intellectual property litigation. By one count, 631 blockchain patent families (1,853 patents) exist worldwide, of which 75 percent ...
Read More

Nov 30 2017

Drive Better Outcomes

Construction defects: who decides whether to sue?

An interesting experiment is under way in Colorado. Policy makers have changed the rules of construction defect litigation in hopes of reengineering the housing mix. Condo development has essentially stalled despite the state’s status as a millennial magnet. Developers, stung ...
Read More

Nov 16 2017

Navigate Litigation 2.0

Who’s got your fingerprint and what are they doing with it?

Pretty amazing: Workers can now punch in simply by touching a fingerprint scanner. The technology, however, is a landmine in what one writer calls “the next class-action battleground.” More than 40 class action suits have been filed in the last ...
Read More

Nov 8 2017

Navigate Litigation 2.0

Litigation finance: an emerging trend

Litigation finance, a term that didn’t resonate with most of us five years ago, now signifies a rapidly growing way that legal bills are getting paid. Industry watchers are examining the potential of the funding instrument to change the way ...
Read More

Oct 30 2017

Drive Better Outcomes

Trick, treat, or travesty? Tales from the legal crypt

It's fun to be spooked when it's candy-hunting kids in costumes but kind of creepy if you find yourself in a twisted legal situation. To mark the holiday, here's a smattering silly or strange stories from our world: Witchy Deposition ...
Read More

Oct 26 2017

Drive Better Outcomes

Survey says…9 out of 10 attorneys provide pro bono services

The rule of law is a delicate thing. If some individuals have more access to the justice system than others – say, the wealthy more than the indigent – faith in the entire institution falters. Hala Sandridge articulates this eloquently ...
Read More

Oct 20 2017

Drive Better Outcomes

New complexities for corporate counsel around cyberattacks

A cyberattack can rain pain onto businesses that are victimized. The crime ruins reputations, shatters relationships, and drains resources as you struggle to contain the crisis. Although a breach clearly makes you a crime victim, regulators, credit card issuers, consumers ...
Read More

Oct 13 2017

Build the Bottom Line

Six ways to unleash your inner rainmaker

The internet continues to dismantle institutions. Two decades ago, consumers would buy everything they needed from one or two department stores. Then the internet came along, and that became the store: Consumers searched first for the product they wanted, hardly caring ...
Read More

Oct 4 2017

Build the Bottom Line

Eight ways legal departments can maximize value of litigation services

Law firms used to choose their own service providers. Almost universally, they hired their favorite firms for court reporting, copying, records retrieval and review, mediation and arbitration, investigation, interpreting, jury selection, e-discovery and more. And clients paid the bills. That ...
Read More

Sep 28 2017

Drive Better Outcomes

Transcripts make great teachers

My first deposition seemed to go pretty well. It was 17 years ago. I left the room feeling good about how I handled a hostile witness. But when I read through the transcript a few days later, I cringed a ...
Read More

Sep 21 2017

Navigate Litigation 2.0

Quiz: Are you a legal pad lawyer or an iPad lawyer?

It’s been more than a century since the invention of the legal pad, a staple of this profession (and, incidentally, Seinfeld’s canvas of choice for four decades). Are you a legal pad lawyer? Or an iPad lawyer? The iPad/legal pad ...
Read More

Sep 15 2017

Drive Better Outcomes

Tackling shared challenges of firms & clients

An Esquire Viewpoint interview with Taylor Smith, President and Founder of CLM Advisors, on tackling today’s shared challenges of firms and clients. Q. What is your focus? With 40,000 members, the CLM is the largest insurance industry professional trade associationfor claims ...
Read More

Aug 23 2017

Drive Better Outcomes

Four areas where attorneys and court reporters can work together to get a better record

Court reporters have seen it all: successful depositions, failed depositions, civilized ones and heated ones. They’ve worked with meticulous attorneys, impulsive attorneys, those who stick to a script, and those who go with their gut. Esquire Viewpoint spoke with four court ...
Read More

Aug 18 2017

Build the Bottom Line

National deposition services contracts: good for law firms, too

Nine benefits you may have overlooked Corporate legal departments that hire a nationwide company to provide deposition services for their law firms may be requiring some of their firms to adapt to new ways of doing business. However, many law ...
Read More

Aug 10 2017

Drive Better Outcomes

Client 2.0 triggers ‘seismic shift’ in litigation services

A Q&A with Esquire CEO Terrie Campbell The first in a regular series of Q&A’s with friends, clients and employees of Esquire. [question]Q. How did you come to lead a deposition services company?[/question] [answer]Well, first, I love to serve. I ...
Read More

Aug 2 2017

Navigate Litigation 2.0

Five litigation headaches I could have avoided

Much has changed since I left full-time litigation. Back then, and we’re talking fewer than five years ago (lest I sound like an old man lamenting my two-way uphill walk to school), nobody I knew was using the deposition technology ...
Read More

Jul 13 2017

Navigate Litigation 2.0

To protect clients, look beyond your corporate network

Unfortunately, cybercriminals see law departments and firms as enticing targets: They are replete with financial data, personal information (such as the plaintiff registry in a class action), and the kind of confidential information that tips multimillion-dollar cases. As the ABA ...
Read More
Pro bono blog

Jun 27 2017

Build the Bottom Line

Why Pro Bono Work Makes You a Better Attorney (and a Better Person)

Some of the most impactful moments of my career are tied to the pro bono work I’ve done. Without pro bono, it’s unlikely that I would’ve had the opportunity to participate in a Supreme Court case (PDF). But as thrilling ...
Read More

Jun 21 2017

Build the Bottom Line

Seven ways to keep corporate counsel happy

As my company’s general counsel, I depend heavily on my outside law firms and lawyers. I value these relationships – and my lawyers do, too, since I pay their bills. I’m writing this post to help outside lawyers keep inside ...
Read More

Jun 14 2017

Drive Better Outcomes

Avoid (or at least survive) bet-the-company litigation

We recently blogged about the rapid growth of bet-the-company litigation. Short version of that post: the number of companies involved in such cases is quadrupling. If you’re corporate counsel, you want to do your best to avoid such risky, resource-devouring ...
Read More

Jun 8 2017

Navigate Litigation 2.0

On-demand CLE: Rise to the ACC Value Challenge with technology

If you work in a law firm, you’re probably feeling the pressure: corporate legal departments have been increasingly aggressive in demanding better value from their law firms for the money they’re paying. Beginning in 2008, the Association of Corporate Counsel ...
Read More

May 31 2017

Drive Better Outcomes

Why does consolidation stop with your law firms?

Corporate law departments and insurance claims organizations continue to consolidate their outside law firms in order to control spending, streamline processes and improve performance. But why do these organizations often restrict their consolidation effort to the law firms? Why do ...
Read More

May 18 2017

Drive Better Outcomes

What’s driving bet-the-company litigation?

Although corporate litigation spending is flat, the number of companies managing “bet-the-company” litigation has quadrupled in the last two years, posing new challenges to corporate counsel, outside counsel and litigators. Bet-the-company litigation can be any legal action that threatens the ...
Read More

May 11 2017

Navigate Litigation 2.0

Cybersecurity: have you checked your service providers?

Cybersecurity is only as strong as your weakest link. No matter how well you shore up your firm or corporate legal department, you can still become vulnerable through a vendor. Chances are you’ve heard of more than one company recently ...
Read More

May 4 2017

Navigate Litigation 2.0

Seize the power in your next deposition

I blogged the other day on why you’d want to, or need to, video-record a deposition: a witness being out of the country, outside subpoena power, sick, or otherwise unavailable. Or maybe a key witness for your side is better ...
Read More

Apr 27 2017

Drive Better Outcomes

Expert witnesses, your quintessential storytellers

Verdicts often come down to who tells the better story. As a litigator, you sometimes need help telling your story, so you turn to an expert witness. When you work with experts, are you getting everything you need from them? ...
Read More

Apr 19 2017

Navigate Litigation 2.0

If only I’d had video…

I was a big-firm litigator for 14 years before joining Esquire as general counsel. I loved the chess match, the battle, and pinning opposing witnesses down. But on one particular day, in a complex securities arbitration, I found myself sitting ...
Read More

Apr 14 2017

Drive Better Outcomes

Multigenerational approach drives growth in law firms

The aging workforce poses risks for every business – and law firms are hardly an exception. The vast majority of managing partners are baby boomers, age 52 to 71. Are you prepared for upcoming decades? It’s not easy. “Our profession ...
Read More

Apr 13 2017

Drive Better Outcomes

How Millennials can drive firm innovation and new business development

Did you know that nearly half of AmLaw partners are 52 or older?  (This includes non-equity partners, too.)  In fact, in the next five years, one in six current partners will retire and 38% will retire in the next decade. ...
Read More

Apr 7 2017

Drive Better Outcomes

Don’t complicate complex litigation

Complex litigation. It’s a synonym for high stress, and it’s daunting for law firms, lawyers and the people who support them. What exactly does the term complex litigation mean? It generally signifies a case with high stakes, complicated procedures, multiple ...
Read More

Mar 30 2017

Navigate Litigation 2.0

The case for video depositions

The law is made up of words, documents and abstractions. Many of us love this stuff. And we’re good at it. But it can put the rest of the world to sleep. Take jurors, who live normal lives steeped in ...
Read More

Mar 23 2017

Build the Bottom Line

Let’s (re)think depositions

The world has gone digital – well, most of the world has. We’ve digitized the way we work, communicate, analyze, predict, sell and buy. The practice of law has gone digital as well. There’s electronic case research, court filings, discovery, ...
Read More

Mar 17 2017

Build the Bottom Line

Who knew? A weapon to tackle ALAE, ULAE and loss cost

We don’t usually traffic in alphabet soup, but we know insurance defense, and we know how important each of these acronyms is to your business. They’re major costs you want to reduce. If you’re a claims exec,  you know exactly ...
Read More

Mar 10 2017

Drive Better Outcomes

How to hone young lawyers’ deposition skills

It’s the same in law as it is in sports: great performances build on good practice. For young attorneys, though, opportunities to practice depositions can be scarce, especially in real-life settings. That’s because litigation is increasingly focused on bet-the-company matters, ...
Read More

Mar 1 2017

Drive Better Outcomes

eBook: Get the Most From Remote Depositions

There's simple technology that can help you deliver more value to your clients, increase productivity, cost-effectively involve subject matter experts, and enable colleagues to attend depositions remotely. The best news? It can help you improve case outcomes. We call this ...
Read More

Feb 23 2017

Navigate Litigation 2.0

The growing challenge of international litigation

International litigation poses a host of challenges for firms and their clients, and the demand for services related to this litigation is rising. The share of corporate counsel needing to conduct cross-border discovery rose to 41 percent in 2015-2016, up ...
Read More

Feb 15 2017

Drive Better Outcomes

Six success factors for better remote depositions

Maybe you’re considering remote depositions to save yourself (and your clients) time, money, and headaches. Or you’re already doing depositions remotely and want to improve. Either way, these six factors will help you get the most success, savings, and satisfaction ...
Read More

Jan 26 2017

Build the Bottom Line

Five reasons you should consider remote depositions

Grandparents chat face-to-face with grandkids over iPhones. Facebook users broadcast live from concerts and games. Pundits Skype into CNN every day. Yet lawyers still fly around the country with boxes of hard-copy exhibits to conduct depositions in person. Why? It’s costing ...
Read More