Posted on November 23, 2015 by Julie Brook, Esq.
Do you know about the amendments to the Federal Rules of Civil Procedure that will take effect on December 1, 2015? The amendments touch a variety of issues, but most significantly impact the scope of permissible discovery and the duty to preserve electronically stored information (and the sanctions for not doing so). Here are some of the noteworthy changes.
Filed under: Civil Litigation, Legal Topics, New Legal Developments | Tagged: amendments, discovery, electronically stored information, ESI, FCRP, federal court practice, Federal Rules of Civil Procedure, service of summons | Leave a comment »
Posted on November 9, 2015 by Julie Brook, Esq.
By the time you prepare your opening statement, you’ll know specifically what the legal theories of your case are and generally what the jury instructions will be. By the time of your closing argument, the instructions will have been settled. Make sure to plan your opening and closing with the jury instructions in mind. Continue reading
Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: closing argument, jury instruction, Jury trial, opening statement, trial attorney, trial skills | 1 Comment »
Posted on November 6, 2015 by Julie Brook, Esq.
You can only enforce a judgment in the window between its effective date (with no stays in effect) and the date the judgment or renewal of the judgment expires. The key to getting more time is all in the expiration date. Continue reading
Filed under: Civil Litigation, Legal Topics | Tagged: debt collection, enforcing a judgment, expiration of a judgment, judgment | Leave a comment »
Posted on November 4, 2015 by CEB
The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.
In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.
Filed under: Civil Litigation, Discovery, Employment Law, Legal Topics | Tagged: Bring Your Own Device, BYOD, e-discovery, employers and employees, workplace policies | Leave a comment »
Posted on October 30, 2015 by Julie Brook, Esq.
If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: deposition notice, discovery, litigation, persons most knowledgeable, PMK | 2 Comments »
Posted on September 30, 2015 by Julie Brook, Esq.
Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil litigation, discovery, discovery plan, discovery requests, responding to discovery | Leave a comment »