The world of litigation is rapidly evolving. Learn how to get more from your investments, improve outcomes and seize the opportunities inherent in change.

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…

The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm. Americans following the activities of the House Select Committee to Investigate the January 6th Attack on the…

Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome. There was, however, another lesson that could have been drawn from those same cases. For any number of reasons, critical witnesses won’t necessarily be…

Is it just us, or have there been a lot of high-profile deposition disputes lately? It sure seems so. And all of them, at their core, involve rich and famous people who just will not, can not, and do not want to give deposition testimony under oath. Deposing deposition-shy celebrities is an uphill battle. They’re…