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  • Opposing Improper Topics in a 30(b)(6) Deposition Notice

    Opposing Improper Topics in a 30(b)(6) Deposition Notice

    Opposing improper topics in a corporate representative deposition notice is crucial and the process for doing so is unique. Protecting your client from vague, over broad, and burdensome topics is crucial because extensive preparation is required on each topic, and the designated representative’s testimony can bind the organization as a whole. The process for opposing improper topics is unique because, contrary to common practice and understanding, merely serving written objections to the topics is typically insufficient. Instead, the way to preserve such objections is to file a motion for a protective order.

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  • What Gives?: Japanese Gift-Giving in the Face of Anti-Corruption Laws

    What Gives?: Japanese Gift-Giving in the Face of Anti-Corruption Laws

    The custom of gift-giving in business is common-place in Japan, but this gesture can raise concerns under anti-corruption laws. eDiscovery plays an important role in determining when such gifts cross the line.

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  • Understanding the Senpai-Kohai Dynamic: Cultural relationships and key documents in e-Discovery

    Understanding the Senpai-Kohai Dynamic: Cultural relationships and key documents in e-Discovery

    A young employee walks into this manager’s office and says, “I think the project might do better if we went in this direction.”

    In the U.S., a manager may view this as taking initiative and even make the suggested change. In Japan, a junior (known as kohai) would rarely approach a senior (senpai) so directly. If they were to make a suggestion, it would either be subtle or made through someone more senior (but closer in hierarchy). Why?

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  • Beyond the Boilerplate: Making “Information and Belief” Work in Modern Litigation

    Beyond the Boilerplate: Making “Information and Belief” Work in Modern Litigation

    Legal writing is full of phrases we use often without always thinking about their weight. If you’ve ever spent time drafting pleadings, you’ve probably used (or at least seen) the phrase “on information and belief.” It sounds harmless enough, even lawyerly, but the more you dig into it, the more questions arise. When is it appropriate to use? What does it really mean?

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