Posted on August 26, 2013 by Julie Brook, Esq.
Before you start taking a deposition, you need to “admonish” the deponent. It’s just a way of laying down the ground rules and making sure the deponent is fully informed. Here are 10 admonishments you should make before kicking off the questions. (more…)
Filed under: Civil Litigation, Discovery, Legal Topics, Young Lawyers | Tagged: admonishments, deponent, deposition, discovery, examining attorney, oral deposition, rules for deposition | 1 Comment »
Posted on August 23, 2013 by Julie Brook, Esq.
Are you objecting to a request to turn over a document based on privilege? You better log it. (more…)
Filed under: Civil Litigation, Discovery, Litigation Strategy, Pretrial Matters | Tagged: attorney-client privilege, discovery, discovery demand, e-mail communications, motion to compel discovery, privilege log, request for inspection, request for production | 2 Comments »
Posted on August 21, 2013 by Julie Brook, Esq.
Survey evidence can be very useful in some cases, but questions are growing about its reliability. By knowing the issues involved with surveys, you’ll be better able to successfully use or oppose survey evidence. (more…)
Filed under: Business, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: evidence, expert witness, survey experts, surveys, trademark, trial, unfair competition | Leave a Comment »
Posted on August 16, 2013 by Julie Brook, Esq.
We all wish we had a crystal ball to tell us how things will turn out on appeal, but the best we can do is look at the trial court’s rulings and evaluate whether there are grounds for appeal and how solid those grounds may be. (more…)
Filed under: Appeals, Litigation Strategy, Uncategorized | Tagged: appeal, appealing a ruling, appealing a verdict, appellant, erroneous ruling, prospects on appeal, trial court error | 1 Comment »
Posted on August 14, 2013 by Julie Brook, Esq.
The recent Supreme Court decision that permitted same-sex marriages to resume in California may mean more engagement rings will be given here than ever. It’s a good time to brush up on the law—do you know who gets to keep the ring if the engagement is broken?
Filed under: Family Law, Legal Topics | Tagged: engagement, engagement ring, premarital gift, same-sex marriage, The Bachelor | Leave a Comment »
Posted on August 12, 2013 by Julie Brook, Esq.
You sit down for a deposition and often the first thing you need to do is enter into appropriate stipulations. Newer attorneys may feel pressured into agreeing to the “usual” stipulations—don’t do it! Only agree to “the usual” if you know what it means and it’s beneficial to your case. (more…)
Filed under: Civil Litigation, Discovery | Tagged: attorneys, civil litigation, counsel, deposition, discovery, stipulation, usual stipulations | Leave a Comment »
Posted on August 9, 2013 by Jean Magistrale, Esq.
In March, at long last, the US Department of Health and Human Services released a final Omnibus Rule on privacy and security of personal health information. Some have labeled the Rule a “sweeping reform,” but, in fact, it largely just replaces and finalizes prior “interim” final rules and proposed rules. But there are some important changes you should know about. (more…)
Filed under: Business, Legal Topics, New Legal Developments | Tagged: confidential information, health information, Health Insurance Portability and Accountability Act, HIPAA, medical records, patient records, privacy | 1 Comment »
Posted on August 7, 2013 by Julie Brook, Esq.
Providing frank feedback to employees can be difficult for even the most experienced human resources personnel. The process is more difficult if an employee is having performance problems that require correction. Don’t ignore the problems; set up a plan.
Filed under: Employment Law, Legal Topics | Tagged: employee discipline, employee performance, employees, employers, performance plan | 3 Comments »