If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Bashayer Almajed and Bashar Malkawi, Damages for patent infringement the Chi...Bashar H. Malkawi
The Chinese patent law was enacted in 1985 and amended in 1992, 2000 and 2008. Importantly, on 17 October 2020,
new amendments were enacted,due to take effect on June 1, 2021. Compensation for patent infringement is one of the key areas of focus.
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Bashayer Almajed and Bashar Malkawi, Damages for patent infringement the Chi...Bashar H. Malkawi
The Chinese patent law was enacted in 1985 and amended in 1992, 2000 and 2008. Importantly, on 17 October 2020,
new amendments were enacted,due to take effect on June 1, 2021. Compensation for patent infringement is one of the key areas of focus.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
Georgetown Univ. Law Center Conference: Patent Law Developments in the Suprem...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Patent Eligibility: The Alice Effect
- Attorney’s Fees: The Octane/Highmark Fallout
- Indefiniteness: The Nautilus Voyage
- Patent Damages: Reasonable royalties after VirnetX and D-Link
- Injunctive Relief: eBay, Apple/Samsung, and the ITC
- Inter Partes Reviews: The Gathering Appellate Storm
- The Next Wave: Teva, Commil, Kimble, Google
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
Recent developments have increased the authority and discretion of the Patent Trial and Appeal Board in patent validity disputes. Join the co-chairs of our PTAB Litigation practice group for a practical discussion of how patent owners and petitioners can take advantage of these developments to increase success at the PTAB. Topics will include:
· The standard for proving that printed publications are prior art;
· The PTAB's increasing discretion to institute or deny petitions; and
· Significant Supreme Court and Federal Circuit decisions
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Page copy:
Knobbe Practice Japan Webinar Series
Partners Irfan Lateef and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies. The presentation was summarized in Japanese by IP Strategist, Kenny Masaki.
Partners Jon Gurka and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies.
Speakers: Jon Gurka, Mauricio Uribe
Georgetown Univ. Law Center Conference: Post-Grant Patent Proceedings: Are th...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Statistics on Post-Grant Proceedings
- Rule Changes for Post-Grant Proceedings
- IPR as Part of a Litigation Strategy
- Patent Owner’s Strategy in an IPR
- IPR Termination
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
Knobbe Practice Japan Webinar Series
Partners Mauricio Uribe, Dan Altman and David Schmidt, Ph.D., gave a presentation focused on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement. The presentation was summarized in Japanese by IP Strategist, Kenny Masaki.
Speakers: Mauricio Uribe, Dan Altman, David Schmidt, Ph.D., Kenny Masaki
Pitfalls to be Aware of When Working with Inventions Funded Through Governmen...Workman Nydegger
Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure, election, patent filing, and other requirements for such technology are governed by the Bayh-Dole act of 1980 (35 U.S.C. §200-212). Some of the “strings” imposed and governed by Bayh-Dole that are particularly relevant to patent practitioners include:
• disclosure of developed inventions;
• election of ownership to the technology by the contractor;
• compulsory government license that attaches to developed technology;
• possibility of U.S. Government exercise of “March-In Rights”;
• requirements for U.S. manufacture;
• issues relative to protecting trade secrets of the contractor.
In addition to the need to comply with the many provisions of Bayh-Dole, where government funded inventions are developed, export provisions under ITAR/EAR may also be applicable. Such ITAR and EAR export control regulations cover not only articles, software, and services that may be listed on either the US Munitions List (for ITAR) or the Commerce Control List (for EAR), but also cover technical data, such as that used by patent practitioners in conducting a patentability search or preparing a patent application for the contractor.
Partners Mauricio Uribe and Dan Altman presented a webinar focused on Strategic Considerations Under Section 103 – Strategic Claim Drafting and Secondary Considerations
Session V. Estoppel and Privity in US PTO Post-Grant ProceedingsWilmerHale
Shared at the IIPI/BNA AIA Post-Grant
Patent Practice Conference.
Session V. Estoppel and Privity in US PTO Post-Grant Proceedings covers:
1) Estoppel - Privity
• When does issue arise?
• What factors are important?
• How is the issue resolved
2) Practice tips
• Evaluating Privity
• Arguing Estoppel
3) Mock Arguments
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery—the exchange of relevant information, usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money. This episode begins with a summary of the rules governing discovery. In particular, we discuss the new federal rules governing the preservation and discovery of electronic data and information, and the new concept of “proportionality” in discovery. We also discuss the practicalities of discovery: budgeting, tactics, and common opportunities and pitfalls. This hour demystifies a mystifying process, and to provide listeners with what they need to know to not get tripped up in litigation. At the very least, you will understand why the acronym “ESI” causes our panel to wince.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the attendee will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour long discussion.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
Georgetown Univ. Law Center Conference: Patent Law Developments in the Suprem...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Patent Eligibility: The Alice Effect
- Attorney’s Fees: The Octane/Highmark Fallout
- Indefiniteness: The Nautilus Voyage
- Patent Damages: Reasonable royalties after VirnetX and D-Link
- Injunctive Relief: eBay, Apple/Samsung, and the ITC
- Inter Partes Reviews: The Gathering Appellate Storm
- The Next Wave: Teva, Commil, Kimble, Google
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
Recent developments have increased the authority and discretion of the Patent Trial and Appeal Board in patent validity disputes. Join the co-chairs of our PTAB Litigation practice group for a practical discussion of how patent owners and petitioners can take advantage of these developments to increase success at the PTAB. Topics will include:
· The standard for proving that printed publications are prior art;
· The PTAB's increasing discretion to institute or deny petitions; and
· Significant Supreme Court and Federal Circuit decisions
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Page copy:
Knobbe Practice Japan Webinar Series
Partners Irfan Lateef and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies. The presentation was summarized in Japanese by IP Strategist, Kenny Masaki.
Partners Jon Gurka and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies.
Speakers: Jon Gurka, Mauricio Uribe
Georgetown Univ. Law Center Conference: Post-Grant Patent Proceedings: Are th...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Statistics on Post-Grant Proceedings
- Rule Changes for Post-Grant Proceedings
- IPR as Part of a Litigation Strategy
- Patent Owner’s Strategy in an IPR
- IPR Termination
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
Knobbe Practice Japan Webinar Series
Partners Mauricio Uribe, Dan Altman and David Schmidt, Ph.D., gave a presentation focused on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement. The presentation was summarized in Japanese by IP Strategist, Kenny Masaki.
Speakers: Mauricio Uribe, Dan Altman, David Schmidt, Ph.D., Kenny Masaki
Pitfalls to be Aware of When Working with Inventions Funded Through Governmen...Workman Nydegger
Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure, election, patent filing, and other requirements for such technology are governed by the Bayh-Dole act of 1980 (35 U.S.C. §200-212). Some of the “strings” imposed and governed by Bayh-Dole that are particularly relevant to patent practitioners include:
• disclosure of developed inventions;
• election of ownership to the technology by the contractor;
• compulsory government license that attaches to developed technology;
• possibility of U.S. Government exercise of “March-In Rights”;
• requirements for U.S. manufacture;
• issues relative to protecting trade secrets of the contractor.
In addition to the need to comply with the many provisions of Bayh-Dole, where government funded inventions are developed, export provisions under ITAR/EAR may also be applicable. Such ITAR and EAR export control regulations cover not only articles, software, and services that may be listed on either the US Munitions List (for ITAR) or the Commerce Control List (for EAR), but also cover technical data, such as that used by patent practitioners in conducting a patentability search or preparing a patent application for the contractor.
Partners Mauricio Uribe and Dan Altman presented a webinar focused on Strategic Considerations Under Section 103 – Strategic Claim Drafting and Secondary Considerations
Session V. Estoppel and Privity in US PTO Post-Grant ProceedingsWilmerHale
Shared at the IIPI/BNA AIA Post-Grant
Patent Practice Conference.
Session V. Estoppel and Privity in US PTO Post-Grant Proceedings covers:
1) Estoppel - Privity
• When does issue arise?
• What factors are important?
• How is the issue resolved
2) Practice tips
• Evaluating Privity
• Arguing Estoppel
3) Mock Arguments
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery—the exchange of relevant information, usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money. This episode begins with a summary of the rules governing discovery. In particular, we discuss the new federal rules governing the preservation and discovery of electronic data and information, and the new concept of “proportionality” in discovery. We also discuss the practicalities of discovery: budgeting, tactics, and common opportunities and pitfalls. This hour demystifies a mystifying process, and to provide listeners with what they need to know to not get tripped up in litigation. At the very least, you will understand why the acronym “ESI” causes our panel to wince.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the attendee will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour long discussion.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
NEWBIE LITIGATOR SCHOOL - Part I 2022 - The Federal Rules of Civil ProcedureFinancial Poise
Has it been 10 years since you took Civil Procedure in law school? Are you a business owner that’s been sued for the first time? How does litigation really move through the Federal Courts? This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the listener will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour-long discussion.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- PART 1 2022
See more at https://www.financialpoise.com/webinars/
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
The Cost of Litigation: A Case Study, Business Law, Plymouth State University...Kevin O'Shea
In 2009, I presented to Professor Forgues’ Business Law Class at Plymouth State University addressing the high cost of business litigation and using Real Estate Bar Ass'n for Mass., Inc. v. Nat'l Real Estate Info. Servs. 642 F. Supp. 2d 58 (D. Mass. 2009) as a case study.
The ability to trace assets across the world is becoming increasingly relevant to the business sphere as businesses continue to become progressively more global. As individuals and companies continue to move assets away from countries in which they are subject to dispute it is important that parties are able to trace assets across jurisdictions.
This Guide draws together contributions from tracing experts across a number of territories.
We hope you will find the Guide a useful resource for getting to grips with the framework in asset tracing law in each of these territories, safe in the knowledge that if further specialist advice is needed, it’s only a call or email away.
We are grateful to all who have taken part in and contributed to this project. The world’s second largest law firm network, with over 150 leading independent law firms spanning more than 100 jurisdictions, TerraLex provides truly global business law support. The strength of the network is built around not only the quality of its member firms and lawyers (all 19,000 of them) but also the depth of relationships – network members all know each other well, sharing best practice at regular meetings held all over the world throughout the year.
Best Practices Regarding Technology (Series: Legal Ethics - Best Practices)Financial Poise
Technology is rapidly changing the way lawyers provide services. This is so especially in light of the Covid-19 pandemic, which creates new and different ethical challenges to confidentiality, cyber fraud and securing data, marketing and advertising concerns, and client communications. This webinar will address a myriad of new problems lawyers are facing and some practical suggestions and solutions that arise out of the changing manner and pace of the practice of law. This webinar will also cover several ABA Model Rules of Professional Conduct.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/best-practices-regarding-technology-2021/
Legal Hold Workshop - ARMA International - Las Vegas - Oct 23, 2008John Jablonski
3 hour workshop on Legal Holds, presented at ARMA International\'s annual conference in Las Vegas on October 23, 2008. The program was highly rated by attendees, rated as 3rd out of 85 educational sessions.
Peter Imse and Kevin O'Shea's Ethics CLE as part of NH First American Title's Real Estate Seminar (Thursday, May 10, 2018 at Manchester Country Club, Bedford)
CHAPTER GOALS AND OBJECTIVES2➢ What is the key fuJinElias52
CHAPTER GOALS AND
OBJECTIVES
2
➢ What is the key functional
area for IG impact?
➢ How does IG impact legal
functions in an organization?
➢ What are the Federal Rules
of Civil Procedure (FRCP)?
➢ How is e-discovery affected
by the FRCP?
➢ Outline the holding of
Zubulake v.
UBS
➢ Know the facts and how it
affects IG and e-discovery
➢ What are currently e-
discovery techniques
CHAPTER GOALS AND
OBJECTIVES…Continued
3
➢ What is the e-discovery
reference model?
➢ What is it used for?
➢ How does IG impact E-
Discovery?
➢ What is a record retention
policy?
➢ What are the benefits of a
record retention policy?
➢ What is predictive coding
➢ What case law impacted the
use of predictive coding?
➢ What is Technology Assisted
Review
➢ What are the 8 steps to
defensible disposition of
information?
Key Legal Processes Impacted
by IG
4
➢ E-Discovery
➢ Legal Hold Notification
➢ Defensible Disposition
➢ Use of new technology to comply with E-discovery
“Discovery”:
Pretrial procedure in a lawsuit in
which each party, through the law of
civil procedure, can obtain evidence
5
from the other party or parties by
means of discovery devices such as a
request for answers to Interrogatories,
Requests for Production of Documents,
Request for Admissions and
depositions. Discovery can be obtained
from non-parties using subpoenas.
When a discovery request is objected
to, the requesting party may seek the
assistance of the court by filing a
motion to compel discovery.
Wikipedia https://en.wikipedia.org/wiki/Discovery_(law)
E-DISCOVERY
The Federal Rules of Civil
Procedure govern civil proceedings in the
United States district courts. Their
purpose is "to secure the just, speedy,
and inexpensive determination of every
action and proceeding." Fed. R. Civ. P. 1.
The rules were first adopted by order of
the Supreme Court on December 20,
Congress on1937, transmitted to
January 3, 1938, and effective
September 16, 1938.
http://www.uscourts.gov/rules-policies/current-rules-
practice-procedure/federal-rules-civil-procedure
http://www.uscourts.gov/rules-policies/current-rules-
RELEVANT 2006 CHANGES TO THE
RULES OF CIVIL PROCEDURE
6
➢ Revisions applicable to
preservation of electronic records in
the litigation process
➢ Revisions applicable to the discovery
of electronic records in the litigation
process
Applicable to “ESI”- Any information that is
created or stored in electronic form
GOAL of 2006 revision:
✓ Recognize importance of ESI
✓ Respond to increasingly prohibitive costs
of document reviews
✓ Protection of privileged information
FRCP AMENDED 2006 ARE
APPLICABLE TO WHAT?
7
➢ Cases in Federal Court
➢ Civil Cases
➢ All types of e-documents stored on all types of storage
devices and communication devices
➢ All content on those devices including metadata
Consider the Impact of “Big Data”
8
➢ The average Employee creates roughly 1 gig ...
Similar to Discovery Practice (Series: Newbie Litigator School - Fall Edition) (20)
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This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
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Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
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Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
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We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
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See more at https://www.financialpoise.com/webinars/
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Part of the webinar series:
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This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
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Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
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CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
Although issues in oil and gas chapter 11 cases vary from case to case, there are, nonetheless, certain issues that tend to arise in most oil and gas cases. Among them: treatment of oil and gas leases, the payment of royalties, hedging agreements, and valuation. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
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BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
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BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
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NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
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Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
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Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
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Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
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CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
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Part of the webinar series: Crowdfunding 2022
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How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
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Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
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2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
4. "I am so in love with the awards. I only wish everyone could
walk away with one. Amazing job! They are perfect."
-Jessica C, European Wax Center
Mention “Financial Poise” and get 10% OFF your entire order!
5. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
5
6. Meet the Faculty
MODERATOR:
Adam Hirsch - Roetzel & Andress
PANELISTS:
Max Stein - Boodell & Domanskis, LLC
Matthew Christensen - Angstman Johnson
Steven Reingold - Saul Ewing Arnstein & Lehr, LLP
6
7. About This Webinar – Discovery Practice
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the
exchange of relevant information- usually in the form of documents or oral depositions, takes
up the majority of a litigator’s time and costs clients the most money.
This webinar begins with a summary of the rules governing discovery. In particular, we
discuss newer federal rules governing the preservation and discovery of electronic data and
information, and the concept of “proportionality” in discovery. We also discuss the
practicalities of discovery: budgeting, tactics, and common opportunities and pitfalls. This
hour demystifies a mystifying process, and provides listeners with what they need to know to
not get tripped up in litigation. At the very least, you will understand why the acronym “ESI”
causes our panel to wince.
7
8. About This Series – Newbie Litigator School – Fall
2020 Edition
Has it been a couple of (or more) years since you took Civil Procedure in law school? Or perhaps you a
business owner who has been sued repeatedly and you want to learn a bit about how the sausage is
made. This series is one of several series (together with the “Newbie Litigator School” Parts 2 and 3) that
Financial Poise designed specifically for attorneys who could use a broad-brush yet pithy refresher about
civil litigation fundamentals, with some real world color added in. The purpose is to introduce different
components and phases of litigation, from the basic rules of civil procedure and evidence, to dispositive
motions, through trial, and on to appeal and post-judgment collection work.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
8
9. Episodes in this Series
#1: The Federal Rules of Civil Procedure
Premiere date:10/8/20
#2: Discovery Practice
Premiere date: 10/28/20
#3: Dispositive Motions
Premiere date: 11/18/20
#4: Working With Experts
Premiere date: 12/16/20
9
11. Discovery Practice
“Discovery” means the pre-trial phase of litigation in which parties to the case take steps
to uncover and understand the relevant facts.
11
12. The Rules
Discovery is governed by the applicable Rules of Civil Procedure. Every state’s rules are
different, though many of the principles and concepts are similar. We will be using the
Federal Rules of Civil Procedure as our baseline for today’s discussion. You should
check to make sure you understand which set of rule are going to apply to your case.
12
13. Fed. R. Civ. P. 26:
Rule 26 is the touchstone rule for discovery under the Federal Rules. Rule 26(b)(1)
provides:
Parties may obtain discovery regarding any nonprivileged matter that is relevant to any
party's claim or defense and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount in controversy, the parties’
relative access to relevant information, the parties’ resources, the importance of the
discovery in resolving the issues, and whether the burden or expense of the proposed
discovery outweighs its likely benefit.
13
14. What Comes First?
Under Federal Rule 26(a)(1), litigants are required to make initial discovery disclosures at
the start of a case. These disclosures include:
(1) The name, address, and telephone number of each individual likely to have
discoverable information
(2) A copy—or a description by category and location—of all documents, electronically
stored information, and tangible things that the disclosing party has in its possession,
custody, or control and may use to support its claims or defenses, unless the use would
be solely for impeachment
14
15. What Comes First?
(3) a computation of each category of damages claimed by the disclosing party- who must
also make available for inspection and copying under Rule 34 the documents or other
evidentiary material, unless privileged or protected from disclosure, on which each
computation is based, including materials bearing on the nature and extent of injuries
suffered.
(4) For inspection and copying as under Rule 34, any insurance agreement under which an
insurance business may be liable to satisfy all or part of a possible judgment in the action
or to indemnify or reimburse for payments made to satisfy the judgment.
Fed. R. Civ. P. 26(a)(i)-(iv)
15
16. Trial and Error in Early Discovery
The United States District Court for the Northern District of Illinois implemented a pilot
program that changed how initial disclosures and discovery worked in that district.
From June 1, 2017 to June 1, 2020, the Northern District of Illinois ran a three-year pilot
project, known as the “Mandatory Initial Discovery Pilot Project,” which studied whether
requiring parties in civil cases to respond to a series of standard discovery requests before
undertaking other discovery will reduce the cost and delay of civil litigation.
Though no new cases are being added to the pilot program, we will not know the results of
this study until all pending participating cases have concluded.
Source: https://www.ilnd.uscourts.gov/Pages.aspx?jYyawIFLXKMJrmXzxFk8lw==
16
17. What Did the Pilot Program Do?
Per the Court’s Standing Order:
o As part of an examination of discovery practices endorsed by the Judicial Conference of
the United States, the Court is participating in a pilot project that requires mandatory
initial discovery in all civil cases other than: (1) cases exempted by Rule 26(a)(1)(B)1, (2)
actions under the Private Securities Litigation Reform Act (“PSLRA”), (3) patent cases
governed by a local rule, and (4) cases transferred for consolidated administration in the
District by the Judicial Panel on Multidistrict Litigation. The discovery obligations
addressed in this Standing Order supersede the disclosures required by Rule 26(a)(1)
and are framed as court-ordered mandatory initial discovery pursuant to the Court’s
inherent authority to manage cases, Rule 16(b)(3)(B)(ii), (iii), and (vi), and Rule
26(b)(2)(C). Unlike initial disclosures required by current Rule 26(a)(1)(A) & (C), this
Standing Order does not allow the parties to opt out.
Source https://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf
17
18. Written Discovery
Discovery occurs in both written (paper) and oral forms.
Written discovery includes:
Requests for the production of documents (Rule 34)
Written questions that must be answered under oath, called “interrogatories” (Rule 33)
Requests for admission (Rule 36).
Discovery of information held by non-litigants is governed by Rule 45.
18
19. Written Discovery
Request for the Production of Documents
o Fed. R. 34(a)(1) provides:
o In General. A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test,
or sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information—including
writings, drawings, graphs, charts, photographs, sound recordings, images, and
other data or data compilations—stored in any medium from which information can
be obtained either directly or, if necessary, after translation by the responding
party into a reasonably usable form; or
(B) any designated tangible things;
19
20. Written Dsicovery
Request for the Production of Documents (cont.)
o Documents Requests are an instrument to tell your opponent which documents you want
produced. Document Requests need not be perfectly tailored to each particular
document you want (asking for documents by category or type is fine), but legitimately
vague or overbroad document requests may be objected to.
o Document Requests that use terms of art that are undefined or do not prescribe a
reasonable time limit are likely to draw objections.
20
21. Written Discovery
Responding to Requests for the Production of Documents
o Clients should be provided with copies of the other side’s document requests
immediately. Parties are obligated to conduct reasonable searches for responsive
documents and information. If your client is a corporation, any person working for that
corporation who might be in possession of responsive documents should be contacted
and asked to search for them. Any possibly responsive documents should be forwarded
to the attorney for review, and the attorney, working with the client, can make the final
determinations as to which documents are to be produced.
21
22. Written Discovery
Interrogatories
o Fed. R. Civ. P 33(a) provides:
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on
any other party no more than 25 written interrogatories, including all discrete
subparts. Leave to serve additional interrogatories may be granted to the extent
consistent with Rule 26(b)(1) and (2).
(2) Scope. An interrogatory may relate to any matter that may be inquired into under
Rule 26(b). An interrogatory is not objectionable merely because it asks for an
opinion or contention that relates to fact or the application of law to fact, but the court
may order that the interrogatory need not be answered until designated discovery is
complete, or until a pretrial conference or some other time.
22
23. Written Discovery
Interrogatories (cont.)
o Interrogatories are most often used for three objectives:
To learn names and background information of potential witnesses beyond those
required to be disclosed under Rule 26(a).
To learn facts
To cause the other side to disclose or take positions on certain discrete issues.
These type of interrogatories are called “contention interrogatories.”
23
24. Written Discovery
Requests For Admission
o Fed. R. Civ. P. 36(a)(1) provides:
Scope. A party may serve on any other party a written request to admit, for purposes
of the pending action only, the truth of any matters within the scope of Rule 26(b)(1)
relating to:
(A) facts, the application of law to fact, or opinions about either; and
(B) the genuineness of any described documents.
24
25. Written Discovery
Effect of Failing to Respond to Requests for Admission
o Fed. R. Civ. P. 36(a)(3) provides:
Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30
days after being served, the party to whom the request is directed serves on the
requesting party a written answer or objection addressed to the matter and signed by
the party or its attorney. A shorter or longer time for responding may be stipulated to
under Rule 29 or be ordered by the court.
25
26. Oral Discovery
Depositions
o Oral discovery means depositions (Rule 30). A deposition is an examination of a witness
under oath by a lawyer. These examinations do not take place in court, but the witness’
testimony is given under penalties of perjury. Under the Federal Rules, depositions can
last up to seven hours.
o A deposition of a party or party representative does not require a subpoena. You can
compel such a witness to appear for a deposition by serving a “Notice of Deposition” on
opposing counsel.
26
27. Oral Discovery
Depositions (cont.)
o If you want to depose someone at a company, but don’t know who is going to be able to
testify knowledgeably on the topics you’re interested in, you can notice a corporate
representative deposition under Rule 30(b)(6), and that corporation has to find the right
person, or provide someone who will represent the corporation’s knowledge on the
particular topics at issue:
27
28. Oral Discovery
Depositions (cont.)
o “In its notice or subpoena, a party may name as the deponent a public or private
corporation, a partnership, an association, a governmental agency, or other entity and
must describe with reasonable particularity the matters for examination. The named
organization must then designate one or more officers, directors, or managing agents, or
designate other persons who consent to testify on its behalf; and it may set out the
matters on which each person designated will testify. A subpoena must advise a
nonparty organization of its duty to make this designation. The persons designated must
testify about information known or reasonably available to the organization.”
Fed. R. Civ. P. 30(b)(6)
28
29. Discovery
Discovery From Non-Parties
o Consistent with this maxim, under Fed. R. Civ. P. 45, a litigant can send a subpoena to a
non-party to compel the production of documents, a deposition, or both. The subpoena
recipient is obligated to respond fully and truthfully, even though there are not a party to
the litigation.
29
“The public has a right to every man’s evidence.”
- Lord Chancellor Hardwicke (1742),
quoted in United States v. Monia, 317 U.S. 424, 432 (1943).
30. Discovery
Expert Discovery
o Rule 26(a)(2) governs discovery of expert witnesses. An expert witness is one who
testifies as to her opinion, as opposed to a witness who testifies only about facts. There
are well-established standards for the discovery of expert opinion testimony.
30
31. Discovery
Expert Reports and Depositions
o Expert witnesses who are going to testify at trial are subject to Rule 26(a)(2)(A) and (B),
which requires they produce a written report and other disclosures:
(A) In General:
In addition to the disclosures required by Rule 26(a)(1), a party must disclose to
the other parties the identity of any witness it may use at trial to present
evidence under Federal Rule of Evidence 702, 703, or 705.
31
32. Discovery
Expert Reports and Depositions
(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered
by the court, this disclosure must be accompanied by a written report—prepared and
signed by the witness—if the witness is one retained or specially employed to provide
expert testimony in the case or one whose duties as the party's employee regularly
involve giving expert testimony.
32
33. Discovery
Expert Reports and Depositions (cont.)
o The report must contain:
(i) a complete statement of all opinions the witness will express and the basis and
reasons for them;
(ii) the facts or data considered by the witness in forming them;
(iii) any exhibits that will be used to summarize or support them;
(iv) the witness's qualifications, including a list of all publications authored in the
previous 10 years;
(v) a list of all other cases in which, during the previous 4 years, the witness testified as
an expert at trial or by deposition; and
(vi) a statement of the compensation to be paid for the study and testimony in the
case.
33
34. Discovery
Expert Reports and Depositions (cont.)
o Rule 26(a)(4) governs expert depositions in Federal Court:
(4) Trial Preparation: Experts.
(A) Deposition of an Expert Who May Testify. A party may depose any person
who has been identified as an expert whose opinions may be presented at trial.
If Rule 26(a)(2)(B) requires a report from the expert, the deposition may be
conducted only after the report is provided.
(B) Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A)
and (B) protect drafts of any report or disclosure required under Rule 26(a)(2),
regardless of the form in which the draft is recorded.
34
35. Discovery
Expert Reports and Depositions (cont.)
(C) Trial-Preparation Protection for Communications Between a Party's Attorney
and Expert Witnesses. Rules 26(b)(3)(A) and (B) protect communications
between the party's attorney and any witness required to provide a report under
Rule 26(a)(2)(B), regardless of the form of the communications, except to the
extent that the communications:
(i) relate to compensation for the expert's study or testimony;
(ii) identify facts or data that the party's attorney provided and that the
expert considered in forming the opinions to be expressed; or
(iii) identify assumptions that the party's attorney provided and that the
expert relied
35
36. Discovery Disputes
If you cannot agree with your opponent about a discovery issue, most courts require you to
attempt to come to a compromise or accommodation before bringing the dispute to the
Court’s attention. Courts typically do not like to be presented with contested discovery
issues.
Before filing a discovery motion, Federal Rule 37 requires that the movant certify “that the
movant has in good faith conferred or attempted to confer with the person or party failing to
make disclosure or discovery in an effort to obtain it without court action.”
State courts typically have similar “meet-and-confer” requirements.
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37. Discovery Sanctions
If a motion to compel discovery is required, and if that motion is granted, courts have broad
discretion to fashion sanctions or other relief to deter further wrongdoing. Typically, the first
step is an order compelling discovery. A court may also order the party who lost a discovery
motion to pay the attorneys’ fees of the victor.
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38. Discovery Sanctions
If an order compelling discovery is not complied with, a court may enter a further order:
(i) directing that the matters embraced in the order or other designated facts be taken as
established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or
defenses, or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except an order to submit to
a physical or mental examination.
Fed. R. Civ. P. 37(b)(2)(A)
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40. About The Faculty
Adam Hirsch - AHirsch@ralaw.com
Mr. Hirsch focuses his practice on commercial and business litigation, representing a wide
variety of clients ranging from individuals to small business owners to large corporations. He
has a particular focus on investment disputes and business fraud claims, and has
represented investors and investment companies as plaintiffs and defendants in lawsuits
around the country. Mr. Hirsch regularly writes and presents on current issues relating to
business fraud. He also has extensive experience litigating contract disputes, and has argued
and tried multi-million dollar contract issues before judges and juries nationwide. Mr. Hirsch
also has experience in advising clients in employment disputes relating to matters such as
separation, severance, non-solicitation, and non-compete agreements.
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41. About The Faculty
Max Stein - mstein@boodlaw.com
Max Stein, a member of Boodell & Domanskis, LLC, is a business litigator focused on
meeting clients’ business objectives, helping them resolve disputes at the most opportune
times. Max represents clients as both plaintiffs and defendants in a wide variety of forums.
Additionally, Max notes that one advantage of practicing at a smaller firm, is that he is able to
offer his clients high-quality, nimble representation at reasonable rates. To aid his clients in
achieving their business objectives, Max approaches cases as though they will go to trial,
utilizing his extensive trial experience. Max also counsels his clients, helping to identify and
navigate legal risks to achieve their business goals and protect their competitive interests
while managing and, where possible, avoiding the expense and uncertainty of litigation.
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42. About The Faculty
Steven Reingold - Steven.Reingold@saul.com
Steven Reingold is Partner at Saul Ewing Arnstein & Lehr. He handles a broad array of litigation matters
for clients throughout the country, including general commercial litigation and related risk management
and avoidance, management‐side employment counseling and litigation, and business bankruptcy and
bankruptcy litigation. Steven’s litigation and consulting experience includes participating as lead counsel
or co‐counsel in complex commercial and bankruptcy-related disputes resolved through negotiation,
mediation, arbitration, and litigation, as well as advising clients regarding, and drafting documents
pertaining to, employment, contractual, and numerous other business‐related issues. In his bankruptcy
practice, Steven represents debtors, official creditors’ committees, trustees, creditors, and other
interested parties in insolvency proceedings involving companies of varying sizes and industries. In
addition, Steven counsels clients on issues relating to the restructuring of debt and alternatives to
bankruptcy, including out-of-court workouts, sales of assets to strategic buyers, equity infusions,
assignments for the benefit of creditors, and compositions. He also participates, from the initial
investigation through the post-trial stage, in complex commercial and bankruptcy-related litigation
matters. Steven has served as an adjunct professor at New England School of Law, where he taught a
class in Legal Research and Writing.
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43. About The Faculty
Matthew Christensen - mtc@angstman.com
Matt Christensen joined Angstman Johnson in 2008 as an associate attorney. Now a member
of the firm, Matt has a civil litigation practice involving commercial law (finance and secured
transactions), bankruptcy, real property, and business matters. He also has a transactional
practice involving real estate, finance and business matters, including franchising. Matt
frequently represents bankruptcy trustees and other fiduciaries in recovering assets and
administering estates. Prior to joining the firm, Matt was a Junior Partner at a Meridian, Idaho,
law firm and also established a solo practice. In addition to practicing law, Matt is an adjunct
professor at the University of Idaho College of Law where he teaches international
trade/business, real estate transactions and law practice management courses.
To read more, go to https://www.financialpoise.com/financialpoisewebinars/faculty/matthew-
christensen/
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44. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
44
45. About Financial Poise
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