Esquire Viewpoint: Getting you ready for what's next in litigation
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A longtime leader in deposition services and technology, Esquire Deposition Solutions won two TopLaw 50 Awards for its articles on using ChatGPT for depositions and stipulations for remote depositions," says TopLaw publisher Neil J. Squillante. "This impressive feat serves as a testament that the company's blog has become a must-read for deposition insights and tips.
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No Right to Depose Celebrity Plaintiffs in OpenAI Copyright Spat
Famous people, whether they’re celebrities or highly placed business executives, can be difficult to pin down for depositions. We’ve written about it before, in the context of the apex deposition doctrine, which shields from depositions business leaders with scant connection to the litigation. Another ground for objecting to proposed depositions of famous would-be witnesses arises…
Court Disallows Costs of Travel to Remote Deposition
Wouldn’t it seem odd to incur expenses for traveling to a remote deposition? After all, one of the most compelling benefits of a remote deposition is the elimination of costs associated with traveling to and from a physical location for an in-person examination. No travel, no travel expenses. That’s how it seemed to the court…
Protecting Deposition Materials at the Border
Government border agents conducted over 55,000 warrantless searches of cell phones and other electronic devices during the past year, according to recent federal reports. The latest statistics reflect a 17 percent jump in electronic device searches from fiscal year 2024 (running from October 2023 to September 2024). Federal agents conducted roughly 47,000 such searches that…
Four Good Reasons for a Remote Deposition
Modern litigation takes place in forums that generally favor remote depositions. Remote depositions are a good choice for any deposition. However, they particularly shine in situations where court reporters are in short supply, or where parties are spread out across the country or facing imminent discovery deadlines, or finally in circumstances where the proposed deponent…
Disparaging Language in Brief Prompts Professionalism Ruling
In the movie comedy Monty Python and the Holy Grail, there is a scene where King Arthur and his men, standing at the base of an imposing castle wall, demand entry to the castle, which they believe contains the grail. They are opposed, not with force, but with insults hurled down by a lunatic guard…
Halloween’s Bubbling Cauldron of Litigation
Is any date on the calendar more fertile ground for litigation than Halloween? We doubt it. The Fourth of July, perhaps, if you’re measuring merely the total number of personal injuries suffered on that glorious day. But after a while, it’s hard to maintain interest in those familiar reports of maimed digits and scorched eyebrows…
Keeping Deposition Transcripts Out of Public View
Deposition transcripts are typically not filed with the court. They’re not court records, and they’re not generally available to the news media, investigators, or the general public. However, once these materials are used in a court proceeding – either during trial or in connection with motion practice – they can become public records that careful…
With Virtual Depositions, Technology Makes Good Lawyers Even Better
Tech experts frequently remind us that we’re vastly under-utilizing the digital technology that pervades our homes and offices. Smartphones are a prime example. As the New York Times recently pointed out, the latest smartphones can now record and transcribe calls, schedule messages for later delivery, translate text captured on camera, and look up what the…
Weighing the Benefits of Digital Court Reporters
Digital reporting technology is revolutionizing the court reporting field, offering a reliable and efficient way to capture deposition, hearing, and trial testimony. Litigators today are increasingly utilizing digital reporting in their litigation practices. This innovation merits close consideration from every litigator. It is crucial to understand what a digitally reported proceeding entails and how it…
Tardy Document Production Prompts Court to Reopen Depositions
With complex litigation, there is always a danger that sharing documents subject to a pretrial discovery request will inadvertently waive attorney-client or work product privileges, or somehow reveal case strategy to the opposing party. The danger is particularly acute when the deposition witness is a corporate representative deposed under the authority of Rule 30(b)(6) of…
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