Navigate Litigation 2.0

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 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…

Last week’s article discussed the administrative challenges associated with retrieving medical records held by non-parties in litigation, as well as the efficiencies that might be gained by outsourcing this task to a third-party vendor. In practice, the task of collecting during pretrial discovery a comprehensive set of medical records is not necessarily straightforward. Relevant records…

The Florida Supreme Court is seeking public comment on a proposed civil procedure rules change that would require attorneys to have their computer cameras on at all times during remote depositions. While all jurisdictions in the United States permit, or officially encourage, remote depositions, few prescribe in detail how remote depositions will be conducted, leaving…

So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive, even when false or fanciful. And they each have the potential to undermine the integrity of the civil justice system by injecting difficult-to-detect, compelling-but-unreliable digital materials into legal…

Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama and, sometimes, a “wrong” for a motivated jury to “right.” And while testimony from a high-level corporate executive can be relevant in…