Avoid the Dangers of Missing E-Data

Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a trademark case have found out the hard way. Plus you have an ethical duty to competently handle e-discovery—including bringing technical consultants on board when needed. Continue reading

Lost on a Motion in Limine? Make Your Record!

The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading

5 Ways to Challenge a Grant of Summary Judgment

fivesteps_140389068When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal after the final judgment. Here’s a handy checklist to help you determine which tactic is available and most appropriate. Continue reading

4 Tips for Effectively Presenting Your Expert

ThinkstockPhotos-537972277You have an expert witness set to testify on your client’s behalf. Never undermine the impact your expert’s testimony can have on your case. Don’t let him or her bore the jury—present your expert in the most positive and effective light possible. Continue reading

Need to Protect Trade Secrets in Litigation? There’s a Privilege for That

Trade secrets are not necessarily outed in litigation. There’s a conditional privilege that protects owners of trade secrets from being forced to spill their secrets. Continue reading

Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court will have to look to the respondent’s brief. That’s major incentive to making your statement of the case as clear and effective as possible. Continue reading

Deposing the Doctor: Why Do It and How Much Will It Cost?

ThinkstockPhotos-79085832In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call. Continue reading

%d bloggers like this: