Electronic Discovery is Unavoidable

Electronic discovery is unavoidable and potentially burdensome to the breaking point in today’s civil dispute landscape. The Northern District has recently set our new guidelines in federal cases pending there. But the order can prove helpful in all civil cases. Ediscovery, California Style http://ow.ly/ihNY8

The Art of Cross-Examination

As a trial lawyer, I was always taught that the three (3) main rules of cross-exaimination were: Don’t do it, Don’t do it, and Don’t’ do it. Too numerous to count are the times that I have violated the rules, or seen others violate the rules, and cringed at the resulting outcome. But alas, every rule has its exceptions. So on those occasions when the exception applies – here is a short primer on how to survive. Mastering the Art of Cross-Examination: Tips from a Judge | CEB Blog – Your Partner In Practice http://ow.ly/ihJdB

“When to Use Expert Witnesses and How to Find Them.”

We consult with experts frequently in many civil controversies, before, during and after the conflict. Using an expert effectively and also protecting their independence and credibility is of paramount importance in developing a superior litigation strategy. A client’s understanding of the expert role and how it fits into the overall litigation process is also an important ingredient to success. Here is an excellent Primer on When to Use Expert Witnesses and How to Find Them – Bloomberg Law http://ow.ly/ihHUw

Be Careful What You Wish For; The Stakes Have Risen!

The stakes have risen. The US Supreme Court’s ruling in Marx v General Revenue Corp., has now made cases concerning violations of the Fair Debt Collection Practices Act, less favorable for the plaintiff. Defendants receiving judgment in their favor can now recover reasonable costs without proving the case was brought against them in bad faith. This case truly is analogous to the saying “Be careful what you wish for.” http://ow.ly/ilbAS

The Bad-Faith, Fee-Shifting Provision has Teeth!

“The bad-faith fee-shifting provision of the Uniform Trade Secrets Act has ‘teeth’.” This piece highlights the importance of bringing forth legitimate allegations regarding trade secrets. Baseless trade secret claims can cost plaintiffs large sums and are preferably avoidable. http://ow.ly/i7iCT

Lawyers Must Protect Client Confidences

Lawyers must protect client confidences at every peril, even to themselves. Storing client communications or data must be done in a manner that protects client privacy. WIth the advent and increase in use of cloud computing solutions, lawyers must remain mindful of the Legal Ethics Requirements Associated with Cloud Computing. Here are some guidelines: http://ow.ly/hXYRk

Deposition Time Limits

California has adopted what has been the long standing federal rule of limiting the time for a deposition to seven (7) hours.  http://ow.ly/ihFBJ

While I would have to admit to have taken, and defended, more than a couple of five (5) day depositions, in truth, I did not learn anything more in five days than I could have learned in five hours if I approached the examination in a calculated and expeditious way.  Indeed, in the last many years I have tended to take fairly quick, cut to the heart of it, depositions, which prove to be as revealing or more as any of the long, grinding, detail by detail, minutia dissecting exams that were so prevalent many years ago, and which survive today mostly by lawyers who are either ill-prepared, or who need to bill a case hard, or both.  Cutting to the chase can be beneficial to all sides and participants in most civil cases.

The Copyright Alert System. Get the details here:

Our clients include producers of copyrighted material as well as internet service providers and internet based content publishers.  The implications of the new, now operational, Copyright Alert System can be gleaned from a series of Frequently Asked Questions published by the proponents and the opponents of the alert system.

The Copyright Alert System (CAS) is a copyright surveillance machine— aka “Six Strikes” — consisting of an agreement between major media corporations and large Internet Service Providers to monitor peer-to-peer networks for copyright infringement and target subscribers who are alleged to infringe.  The agreement provides for actions and sanctions that range from “educational” alerts to throttling Internet speeds.  The Electronic Frontier Foundation (EFF) claims that the Center for Copyright Information, which is running this “educational” program, is not a neutral information source.  EFF provides its own insights and summary of CAS in this article:  https://www.eff.org/deeplinks/2013/02/six-strikes-copyright-alert-system-faq

The Center for Copyright Information version of the CAS is found here: http://www.copyrightinformation.org/

Contact your attorney to address specific questions about your content or operations and how they can be impacted by the CAS.