Drive Better Outcomes

In a sign that civil trial practice hasn’t entirely emerged from the COVID-19 pandemic, a federal magistrate judge recently granted two college students’ request for a protective order blocking the University of San Diego’s attempt to conduct their discovery depositions in person. The case, In re University of San Diego Tuition and Fees COVID-19 Refund…

Blog posts addressing the devastating threat of financial and reputational harms from ransomware attacks were the well-read communications that Esquire Deposition Solutions published in 2022. Blog posts on ransomware attacks, ransomware and data breach legislation, sound cybersecurity practices from vendors, and cyberinsurance for online threats consistently outpaced everything else we published in popularity. Cybersecurity issues…

Eighty-eight percent of lawyers responding to a recent American Bar Association survey said they prefer the use of remote depositions in their practices. Another 93% supported the use of remote technologies for all pretrial hearings. The survey results are further evidence of the rapid and profound transition toward wider use of remote technologies in the…

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…

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…

Earlier this year court officials in Clark County, Nevada, attempted to reign in deposition misbehavior by issuing an administrative order that collects in one place the law pertaining to the most common deposition-related disputes. The effort appears to have been successful. Since the publication of Eighth Judicial District Court (Clark County) Administrative Order 22-08 on…