Because we know that the success of your depositions is of the utmost importance to you and your clients, we continue to focus on providing you with useful tips, tools, and information in our e-newsletters.
To this effect, this month we included helpful information about how to handle “John Doe defendants,” using the iPad for depositions, and we also have a link to a “Litigator’s Guide to Databases.”
As always, we invite you to send us any articles or tips you may have regarding the discovery process, so we can share them with our readers, as well.
Anonymous Bloggers and the First Amendment: When and How Your Company Can Identify its John Doe Defendants
By Michelle Sherman Sheppard Mullin
The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark infringement, or defamation. Fortunately, there is guidance from the courts so your company can increase its chances of identifying these anonymous bloggers, if necessary.
If you are fortunate enough to have the anonymous blogger’s IP address, then there are online services through which you can get more information concerning the computer, tablet or smartphone from which the post was made, such as the city, and possibly the name of the organization. However, to get the name on the account with the internet service provider (ISP) (such as WordPress, or Google), your company will need to get a court order. The ISPs are not required to connect the dots for you.
Read full article >>
iPad App for Depositions
By Michael D. Berman Rifkin Livingston Levitan & Silver
Joshua Gilliland, author of the Bow Tie blog and Bow Tie Law blog, and president of Majority Opinion, LLC, was kind enough to provide me with a complimentary copy of his new iPad App, called The Deponent App. Deponent marries document assembly principles with a database of stock deposition questions that can be tailored by the user and assembled into an outline for questioning during the deposition.
Each question contains a text box and, for those fluent with virtual or accessory keyboards, a deponent’s answers can be entered as the deposition progresses. Each question also contains a “flag” and the product ships with four stock flags so that a question may be marked, for example, as “finished” or “go back.” The flags can be tailored to suit the user’s needs. For example, you might want to flag questions with “objections,” or “instructed not to answer,” and Deponent permits re-naming up to four flags. The program also permits PDF or TIFF files to be imported via iTunes or Dropbox and attached to the relevant question. Read full article >>
“The law will never make a man free; it is men who have got to make the law free.”-Henry David Thoreau“No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.”-Theodore Roosevelt
“There seems to be a law that governs all our actions so I never make plans.”