Navigate Litigation 2.0
Protecting Legal Proceedings from Deepfake Technology
U.S. legal proceedings rely on evidence. The party who bears the burden of proof in a legal proceeding—whether civil or criminal—must meet that burden based on evidence presented. It’s no surprise, then, that deepfake technology is sending ripples of concern through the legal community. Our system of justice depends on evidence being reliable and on…
Read MoreThe CCPA and the Future of Privacy Law
A new batch of laws became effective in California in January 2020, but one in particular is getting attention because of its implications for other states and the federal government. The California Consumer Privacy Act (CCPA) was passed by state lawmakers in 2018 with a goal of enhancing privacy and strengthening consumer protections against corporate…
Read MoreThe Battle to End the “SoCal Stip”
Like most states, California has established a legal procedure for the signing and distribution of depositions. Once upon a time, that procedure was cumbersome—particularly for those in traffic-heavy areas of Southern California like Los Angeles. Witnesses were required to visit the court reporter’s office to review and sign the original deposition transcript.
Read MoreCybersecurity: have you checked your service providers?
Cybersecurity is only as strong as your weakest link. No matter how well you shore up your firm or corporate legal department, you can still become vulnerable through a vendor.
Read MoreWhat’s Next in Depositions
Lawyers have been conducting depositions since the 19th century, and for decades, the process remained relatively unchanged. In recent years, however, deposition advancements in telecommunications, online security, and other areas have changed what’s possible in the practice of law. Even the historically cautious and conservative legal profession has been adapting at a rapid pace. Here’s…
Read MoreWhen Is Polling Permissible?
Pretrial polls of potential jurors are not per se prohibited. When conducted properly, polls can allow counsel to test arguments, theories of the case, and potential testimony before trial. Cochairs of the Section of Litigation’s Ethics & Professionalism Committee crafted a guideline for lawyers on how to carefully administer pretrial polls to avoid sanctions.
Read More
