Category Archive: Discovery

Sep 02

Virtual Reality Will Change the Way Juries View Evidence

A recent article available at www.digitaltrends.com describes how virtual reality may soon allow jurors to explore crime scenes as they actually appeared.  In the article, Dr. Mehzeb Chowdhury, a researcher in forensic science and criminal investigations at Durham University in the U.K.m describes his MABMAT robotic imaging system as capable of capturing every detail of an …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/virtual-reality-will-change-the-way-juries-view-evidence/

Jan 22

Defense Asks Court to Let the Witness Speak!

In a recent patent infringement case, a Rule 30(b)(6) deposition (of the person most knowledgeable or “PMK” of a corporation on defined topics) included over 300 objections by plaintiff’s lawyer.  The defense subsequently argued for additional time to re-depose the PMK, claiming that the large number of objections effectively “ran down the clock” and prevented …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/defense-asks-court-to-let-the-witness-speak/

Jan 14

Don’t Leave a Hole in Your Damages Timeline

The difficulty when calculating damages caused by production cutoffs was aptly demonstrated in TransPerfect Global, Inc. (“TransPerfect”) v. MotionPoint (“MotionPoint Corporation”), a recent case involving language translation patents. The fact that the jury award did not clearly describe the damage measurement adopted or period covered likely left significant damages on the table. During discovery, MotionPoint …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/dont-leave-a-hole-in-your-damages-timeline/

Jan 07

Specialized Judges to Handle Complex Business / Commercial and Construction Litigation

Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000.  Cases with smaller damage calculations may otherwise qualify based on the complexity of legal or factual issues a large number of parties complex discovery issues, including large volumes of documents …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/specialized-judges-to-handle-complex-business-commercial-and-construction-litigation/

Dec 09

A Fishy Application of the Sarbanes Oxley Act

The Supreme Court has been asked to decide the case of a commercial fisherman accused of harvesting fish too small to meet federal fishing guidelines.  The reason the highest court in the US will hear the case?  Federal prosecutors have applied provisions of the Sarbanes-Oxley Act in trying their case. The scope of such application is …

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Permanent link to this article: http://betweenthenumbers.net/2014/12/a-fishy-application-of-the-sarbanes-oxley-act/

Sep 02

Performing a Valuation with Limited Information

A recent Appeals Court decision addressed what level of evidence is required to demonstrate business value in a divorce proceeding. In Hugh v. Hugh, 2014, the wife in a divorce proceeding filed a cross-appeal on a number of issues, including the trial court’s failure to value her husband’s business (“E-Tech”). The Appeals Court agreed that while …

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Permanent link to this article: http://betweenthenumbers.net/2014/09/performing-a-valuation-with-limited-information/

Oct 01

New AAA Discovery Rules are in Effect

The American Arbitration Association (“AAA”)’s recent revisions to the AAA’s Commercial Arbitration Rules are effective for any AAA-administered arbitration filed on or after today, October 1.  One area of update is the discovery process. Going forward, unless otherwise agreed to by the parties, these new rules should make it easier for arbitrators to more closely control …

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Permanent link to this article: http://betweenthenumbers.net/2013/10/new-aaa-discovery-rules-are-in-effect/