Many articles talk about the new e-discovery rules, but few address how to use electronic information in examining witnesses. Electronic discovery has changed not just the rules of document production, but also how to use these materials when questioning and preparing witnesses. Here are some ideas on preparing for witness questioning.
A federal magistrate's order that stops a Web site from routinely tossing relevant data could, if replicated, carry broad e-discovery implications. Magistrate Judge Jacqueline Chooljian's ruling in late spring required TorrentSpy, a widely used indexing Web site that provides users with forums for comment and operates on a peer-to-peer protocol, to turn over customer data only ephemerally kept in its computers' random access memory, or 'RAM.' The ruling could result in floods of similar requests in other civil cases.
The 2005 hurricane season, including the devastation wreaked by Hurricane Katrina, caused estimated losses of $75 billion. The insured property damage from the five major hurricanes in 2005 reached $52.7 billion. Hurricane Katrina alone caused more property loss than had occurred in the entire prior year, posting $27.3 billion. See http://insurancenews net.com/article.asp?a=top_news&id=73930. In light of these unprecedented losses, a record number of lawsuits have been filed stemming from damage caused by the 2005 storms. Predictably, an equally high number of class action suits have been filed, purportedly on behalf of those affected by the storms. Despite this flurry of class action suits, the requirements of Federal Rule of Civil Procedure 23 and its state counterparts clearly limit the use of class action suits to very specific, enumerated circumstances that simply do not include first-party insurance disputes, widespread property damage claims, or claims for bad faith and/or unfair trade practices in the adjustment of insurance claims, even where the damage was due to a common weather event.
Recent rulings of importance to you and your practice.
Recent rulings of interest to you and your practice.
DVD Distribution/Product Labeling
Film-Payroll Services/Completion-Bond Reinsurers
Recording Agreements/Fiduciary Obligation
Songwriting/No Partnership Found
Production of Agreements/Motion Picture and Screenplay Rights
Recording Agreements/Non-Exclusivity
Recent rulings of interest.
The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. Burnett v. Twentieth Century Fox Film Corp., CV 07-01723 DDP.
