Navigate Litigation 2.0

Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can effectively, and efficiently, introduce and use digital exhibits. And they worry that the remote environment is an invitation for mischief. Fortunately,…

The American Bar Association has again called on law firms to do more to protect their computer systems from intrusion by bad actors. The ABA’s House of Delegates approved Aug. 8 a trio of resolutions addressing cybersecurity topics – all with essentially the same message: Law firms have a vital role in protecting confidential information entrusted…

Reasonable expenses for an expert witness deposition surely include the expert’s travel time, airfare and hotel accommodations. Right? It’s true that litigators are free to make their own financial arrangements regarding the payment of an expert’s fees and deposition-related charges. Charges for travel time, business-class airfare, meal allowances, and accommodations for multiple nights at business-class…

In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the need for trial altogether. Deposition testimony can only serve this purpose, however, when it is properly cited and presented for the trial judge’s…

At a time when remote depositions are commonplace, litigators weigh any number of factors when deciding whether a deposition should be conducted in-person or remotely. Does the case turn on the credibility of the witness, and does the litigator believe that credibility can be more accurately evaluated during an in-person deposition? Does the trial court…

Earlier this year this blog reported that Texas was on the verge of adopting the Uniform Interstate Depositions and Discovery Act, a uniform law that streamlines the process for obtaining discovery from witnesses outside the state where the litigation is being conducted. With UIDDA in place, Texas lawyers will have a new, more efficient process…