Esquire Viewpoint: Getting you ready for what's next in litigation
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Zoom Isn’t the Place Where Remote Depositions Occur
In the early, heady days of the commercial internet, legal scholars David Johnson and David Post wrote, “because events on the Net occur everywhere but nowhere in particular … no physical jurisdiction has a more compelling claim than any other to subject these events exclusively to its laws.” Johnson and Post were arguing, at the…
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Who Can Attend a Remote Deposition?
Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing party’s expert witness. First-time deponents sometimes sought the comforting presence of family members. And other litigants believed that the presence of fact…
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Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?
Seasoned litigators know that incivility toward opposing counsel and their clients is not only unprofessional but is, ultimately, a disservice to the client. Harsh words and dilatory behavior impair constructive communications among the lawyers involved in the case, raising costs for everyone and short-circuiting opportunities for reaching a settlement prior to trial. We’ve written several…
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With Threats Rising, New York Mandates Cybersecurity Training for Lawyers
Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first in the nation, was recently ordered by the New York Supreme Court, Appellate Division, which regulates the legal profession in that…
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Washington High Court Announces Preference for Remote Depositions
Washington’s embrace of remote depositions is contained in a set of court rule revisions issued by the Washington Supreme Court Oct. 27. The rules took effect Oct. 31, the day that the governor’s emergency proclamation addressing court operations during the COVID-19 pandemic expired. For civil matters litigated in Washington state courts, all depositions will be subject to…
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Taming the Fears of First-Time Deposition Witnesses
In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge Bennett wrote, “means thinking of every detail, especially when communicating with juries.” Modern discovery depositions are a good case in point. When…
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The Deposition Is Over, Now What?
A few moments of housekeeping at the end of a deposition can pay big dividends later. After all, impressions of the deponent’s testimony are fresh and everyone involved in the deposition is present, either online or in the deposition room. Now is the time to clear up loose ends with opposing counsel, note any stipulations…
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Before You Press “Record” on a Zoom Deposition
If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and images transmitted – reliably, it appears – across the Internet to each other. The technology to make a video…
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Deposition Testimony Fell Short of Proving Fraud Against Insurer
A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a deposition witness. Should the cross-examining attorney press the witness for additional details in an attempt to discover as much favorable testimony as possible? Or…
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Underwriters See Rising Ransomware Threats and Liability Exposure
Ransomware is the wolf at the law firm’s door that just won’t go away. In fact, he’s getting bigger and hungrier. Ransomware attacks in recent years are more pernicious, more difficult to prevent, and more expensive to pay off. Enter cyber-insurance, a formerly sleepy corner of the insurance world that has become enormously complex and…
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