I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or its Washington State counterpart, Civil Rule 26(c)(5)—if a party seeks to limit persons who may be present.  See https://www.sbwllp.com/unexpected-guests-who-may-attend-a-deposition/. But if the non-participant is another witness in the case, ...

I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or ...

The impact of the novel coronavirus disease 2019 (COVID-19) has been felt across all industries.  Government-ordered shutdowns of non-essential work closed many businesses.  Those that continue (and perhaps even grow) nonetheless suffer from COVID-19 related disruptions.  As a result, many companies and individuals are struggling or unable to fulfill their contractual obligations. Lawyers have written extensively about the force ...

The impact of the novel coronavirus disease 2019 (COVID-19) has been felt across all industries.  Government-ordered shutdowns of non-essential work closed many businesses.  Those that continue (and perhaps even grow) ...

The attorney-client privilege protects communications sent between a lawyer and client.  But not all attorney-client communications are protected.  There are at least two common misunderstandings about when the privilege applies. First, the purpose of the communication must be to seek or obtain legal advice.  Thus, for example, an email is not privileged merely because counsel is copied on an ...

The attorney-client privilege protects communications sent between a lawyer and client.  But not all attorney-client communications are protected.  There are at least two common misunderstandings about when the privilege applies. ...

When used effectively, Rule 68 of the Federal Rules of Civil Procedure gives defendants a powerful and often underestimated tool.  Rule 68 allows “a party defending against a claim” to serve an offer of judgment with “the costs then accrued.”[1]  The offeree then has 14 days to accept the offer, or the offer is considered withdrawn.  If the offer ...

When used effectively, Rule 68 of the Federal Rules of Civil Procedure gives defendants a powerful and often underestimated tool.  Rule 68 allows “a party defending against a claim” to ...

All documents filed in a court proceeding in the U.S. District Court for the Western District of Washington (and most places) are available to the public—unless filed under seal. In the Western District, a party can file a document under seal only: (a) where a statute, rule, or prior court order expressly authorizes it or (b) if the party ...

All documents filed in a court proceeding in the U.S. District Court for the Western District of Washington (and most places) are available to the public—unless filed under seal. In ...

A previous post addressed the situation where individuals other than the deponent, court reporter, and counsel attend a deposition at the invitation of one party and without notice to the other side. In short, while the best practice is to provide advance notice to opposing counsel, there are no clear prohibitions. But that situation assumed that those invited to ...

A previous post addressed the situation where individuals other than the deponent, court reporter, and counsel attend a deposition at the invitation of one party and without notice to the ...

In any class-action settlement, the fate of unclaimed funds can be pivotal. For instance, with a common-fund settlement (with an agreed amount deposited into a common fund for distribution to class members), a significant portion of the fund may remain after distributions are made depending on how payments are calculated and distributed. And even with a “claims-made” settlement (with ...

In any class-action settlement, the fate of unclaimed funds can be pivotal. For instance, with a common-fund settlement (with an agreed amount deposited into a common fund for distribution to ...

Preparing for and conducting or defending a deposition can be intense. Once the deposition is over, it’s easy to overlook what happens next. But understanding the procedures for reviewing and maintaining the transcript are essential to avoiding questions of authenticity when it’s time to use the deposition transcript as evidence. Agreeing to “the usual stipulations” without clearly defining them ...

Preparing for and conducting or defending a deposition can be intense. Once the deposition is over, it’s easy to overlook what happens next. But understanding the procedures for reviewing and ...