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Effective January 1, 2013, AB-1875 amends California Code of Civil Procedure (CCP) Section 2025.290, which applies to oral depositions in civil cases. The revised law limits the deposition to seven hours of total testimony. Currently, CCP § 2025.290 does not contain any time limits on depositions. This revision brings CCP § 2025.290 more in conformity …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/californias-new-deposition-limitation-has-plenty-of-exceptions-including-experts/
The Northern District of California recently issued guidelines for e-discovery of electronically stored information (ESI). The guidelines and links to related resources are summarized here. The resources include: An ESI checklist to assist in the ESI meet and confer process A Model Stipulated Order re: ESI discovery A standing …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/northern-district-of-california-esi-guidelines-should-be-duplicated-elsewhere/
In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert’s testimony. Potentially, the Opinion widens California judicial authority to exclude expert testimony by placing California closer to the federal Daubert standard and the majority of other states …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/supreme-court-brings-california-closer-to-the-federal-expert-witness-admissibility-standard/
“Who Wants to be a Millionaire” is an American game show that is based on the UK program of the same name. When ABC contracted for the show in North America, the program and concept were already successful. The showed aired on Disney’s ABC in primetime for three years, and has been in syndication for …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/hollywood-accounting-attack-upheld-by-the-ninth-circuit/
Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious. For example, business valuation programs are commonly available that will spit out a result once the user inputs a few financial statistics for the subject company. Why pay thousands of dollars for …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/rules-of-thumb-formulaic-software-models-are-dangerous-for-damage-calculations/
The U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC) jointly published a much anticipated guidance on the U.S. Foreign Corrupt Practices Act (FCPA). Entitled “A Resource Guide to the U.S. Foreign Corrupt Practices Act”, the “Guide” is 120 pages long, and is significantly more comprehensive than its predecessor, the “Lay Person’s Guide to …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/doj-sec-issue-guidance-on-foreign-corrupt-practice-act/
The SEC issued its fiscal 2012 (ended September 2012) report regarding is complaint reporting system that is maintained pursuant to Section 21F of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article describes this program. The SEC received over 3000 complaints. With this volume, no wonder that the SEC received complaints came from …
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Permanent link to this article: https://betweenthenumbers.net/2012/12/sec-whistleblower-hotline-is-blisteringly-hot/
In connection with its quarterly earnings release and a related $8.8 billion write-down, Hewlett-Packard claimed that it was misled by hidden “serious accounting improprieties” involving its $11.1 billion purchase of formerly-public company Autonomy. The Autonomy acquisition closed October 2011, under the watch of former HP CEO Leo Apotheker. Apotheker’s reign was short-lived (11 months), and …
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Permanent link to this article: https://betweenthenumbers.net/2012/11/hp-to-take-legal-action-over-its-bold-multi-billion-dollar-fraud-allegation/
Courts are becoming more assertive in not allowing experts to testify. Because of the success obtained when an expert can be thrown out, filings to eliminate the other side’s expert(s) are become de rigueur. This article summarizes a study on this point. A New York court in re: Wathne Imports, Ltd. v PRL USA, Inc. …
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Permanent link to this article: https://betweenthenumbers.net/2012/11/ny-appellate-court-reviews-the-basics-in-allowing-expert-testimony/
Any insurance claim must start with a specific review of your policy. Nevertheless, the following items may be of particular interest in business interruption claims associated with Hurricane Sandy: Check your policy for whether you have coverage for storm-related flooding. Many policies contain an exclusion for floods, unless you purchased …
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Permanent link to this article: https://betweenthenumbers.net/2012/11/business-interruption-insurance-reminders-for-hurricane-sandy/
