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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Mintas moved to compel or for a forensic examination. Mintas later filed a second motion for forensic examination. “In

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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it. Also see yourself cross-examining the opposing party and the opposing expert. Visualize your rebuttal.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. Further, “Plaintiff has been prejudiced by this spoliation because she has no way of knowing the contents of the emails or cross-examining the defendants about them.