Who May Attend a Deposition?

thinkstockphotos-155804580Generally, depositions are a fairly intimate gathering with only the necessary attendees. But what do you do if you’re surprised by an unwelcome person who insists on being present? Continue reading

“I Moved This Much, Now You Move This Much”

negotiate_25114957When arguing over money, negotiators often put pressure on the side that’s conceded less by claiming that it is only “fair” for both sides to concede in roughly equal amounts. “Look how much we came down,” they will say. A variant of this strategy is the proposal to “split the difference” after you’ve negotiated for some time and then reached an impasse. Both tactics are difficult to resist. Here are a couple of considerations that may help you stand your ground. Continue reading

6 Reasons to Use Interrogatories

ThinkstockPhotos-494315642Interrogatories are the discovery workhorse, with at least six major strengths. Consider the following benefits of propounding interrogatories as you plan discovery for your case. Continue reading

Tips for Dealing with a Difficult Deponent

200397990-001If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the difficulty you’re facing. Continue reading

New Year, New Laws for Litigators

464956543Did you keep up with the onslaught of legislative developments affecting litigation this year? Don’t worry, here’s a list of some key changes every California litigator needs to know. Continue reading

What To Do When Person Most Knowledgeable Doesn’t Work There Anymore

ThinkstockPhotos-460156617If 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

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

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