Blog Category: Arbitration

Are you considering taking depositions in Europe but you’re unsure where to start? Don’t worry, our international experts are here to assist you from start to finish! We’ve already covered more depositions throughout Europe in the first four months of 2024 than all of 2023, in locations like Finland, London, Paris and Madrid; and our resume from years past includes countless more locales.

Our international scheduling team has years of experience helping clients navigate the intricacies of international depositions, and Europe is no exception. We understand the importance of a seamless and efficient scheduling process, and we are committed to prioritizing an effortless experience for all involved, while doing our best to keep you informed about additional international considerations.  

If you have an upcoming deposition in Europe, here are a few things to keep in mind:  

Rules and Regulations 

Most European countries either allow depositions of willing witnesses without restriction or have restrictions that apply only to their own citizens, not to U.S. citizens. For instance, depositions in the United Kingdom and Finland can take place without any restrictions, no matter the nationality of the witness. However, countries such as Germany, Switzerland and France have stricter regulations for witness of all nationalities, requiring prior permission and/or that depositions take place only at the Embassy or Consulate. 

Resources 

In Europe, court reporters, videographers, interpreters and conference rooms are typically booked four to eight weeks in advance and maintain strict cancellation policies. Additionally, interpreters in Europe work in pairs, which can affect both availability and costs.  

We have teams across Europe able to travel and attend depositions in-person, which is a significantly more cost-effective option than having a team travel in from the U.S. Even so, it is still essential to plan ahead! Short-notice requests (anything scheduled with less than two weeks of notice is considered last-minute in Europe!) will likely result in increased travel costs and/or limited availability, as teams local to large cities book up quickly and may not be available for last-minute requests in their home city. In these instances, we would have to have a team from another city or country travel in, and travel fees would apply. 

Remote Alternatives 

Fully remote and hybrid depositions are viable options for witnesses across Europe. We are flexible and can accommodate any attendance arrangement you prefer. Remote attendance is a convenient alternative that ensures a deposition can proceed even if there are last-minute changes to travel plans, or if having a team travel in is not financially feasible. 

If you’re preparing for a deposition in Europe, our knowledgeable international scheduling team is here to assist you every step of the way. You can reach us by phone at 888.433.3767 or by emailing international@planetdepos.com.  

To learn more about our expertise with international depositions, request your complimentary copy of the 2024 Planet Depos International Deposition Guide.  

Artificial intelligence (AI) has become a game changer across various sectors, and intellectual property (IP) law is no exception. As AI technologies continue to evolve at a rapid pace, legal professionals will see a surge in IP litigation, ranging from patent infringement cases to copyright issues surrounding AI-generated content.  

One of the primary hurdles of AI-driven IP disputes is the interpretation and application of existing legal framework, as traditional IP laws were not crafted to accommodate the distinctive characteristics of AI. For instance, AI algorithms can conceive new ideas or concepts, making it challenging to determine the rightful inventor. Furthermore, AI systems can learn from vast data sets, raising concerns about data ownership and the resulting intellectual property.  

Establishing ownership of AI-generated work is quickly becoming a complex matter. Unlike traditional IP, where human authors or inventors are easily identifiable, AI-generated content blurs these lines. Legal implications can arise when disputes over ownership occur. These disputes can involve multiple parties, such as AI creators, organizations that use AI systems and individuals claiming ownership, rights of use or infringement.  

As legal professionals adapt to this new landscape of AI-driven IP litigation, they will face unique, unprecedented challenges that demand specialized expertise and resources. Experienced firms like Planet Depos are well-equipped with a seasoned team of court reporters and technical specialists that can provide unmatched support throughout the IP litigation process. You’ll also have access to realtime services and interpreters if needed. 

If you have an upcoming IP case, Planet Depos can help. Schedule online at any time or call us at 888.433.3767 to get started.   

Do you ever feel like there are not enough hours in the day to get transcript pages produced? Is your inbox full of requests to move this transcript ahead of that one because someone just realized they have a hearing coming up? Are you simply fatigued from being overworked because there’s more work than reporters? Here are some thoughts on a strategy you may wish to consider to lessen the stress and keep your clients happy and impressed that you can always come through for them.

Stenograph and Advantage Software both offer a solution that is revolutionizing how busy reporters keep pace with the demands of transcript production. For Stenograph, the product is called RealTeam; for Advantange Software, the product is called ConnectionMagic. Both vendors have created a product that allows your scopist and/or proofreader immediate access to your live file, including your audio backup. Have you considered how your transcripts could look, whether or not providing realtime, if your scopist is editing as you are writing a job? Not only are you looking like a fabulously organized and professional reporter, but your transcripts are produced in a more timely and efficient manner. Additionally, your scopist has the ability to ask you a question on the spot about a spelling or a technical term which, in turn, you may clarify with the witness or counsel at the next break.

Let’s go one step further: What if your proofreader could be proofreading the same job right behind your scopist? Can you even conceive of this possibility? Well, it’s reality!

How might your life change if at the end of each day your job was already scoped, proofed and ready for you to finalize and turn in? Suddenly, that backlog that has weighed so heavily on your mind for months is a thing of the past. Now you are free to write every day knowing that your support folks are working in the shadows, and at the end of the day when the client asks how soon the transcript can be delivered, you can proudly say, “I can deliver it in a few hours.”  Not only have you made a client very happy, but you now can charge expedited rates. A win for everyone!

If you would like to learn more about these products, please visit this link for information about RealTeam and this link for ConnectionMagic.

We have been examining what attorneys and their teams can do to receive a helpful rough draft, focusing on the steps you can take prior to the deposition. The importance of preparation cannot be overstated when it comes to court reporters providing a quality rough draft. So, you’ve sent them prep materials, provided spellings, tested your audio with the technician and logged in early. Now you are taking the deposition, and the court reporter is taking down the record, and you are confident you will receive a clean rough after the deposition concludes. And you will! Keep these tips in mind during the deposition to keep your rough draft on track.

Make your admonitions. Remind the witness that a deposition is not a conversation, and to avoid slipping into conversational speech. Remind them not to anticipate your question but to let you finish your question before they answer. Remind them to give verbal responses. Ask them to spell their name on the record. Remind them (and yourself) to speak up, speak clearly and slowly, for the benefit of the court reporter and an accurate record.

Make use of your technician in remote depositions. The technician, among other duties, shares and marks exhibits in remote depositions. Even if all the attorneys present have copies of the exhibits, have the tech display them for the reporter’s benefit, so the reporter is not double-tasking trying to pull the exhibits from the chat while simultaneously taking down an accurate record.

Check in with the court reporter on breaks. If you know you speak quickly or quietly, or that the matter at hand is packed with tongue-twisting terminology, during a break, ask the reporter if they’re ok. Court reporters have seen and heard it all, but they are human and may need you to slow down, or speak up, or provide them with the spelling of a name or term. Stephanie Battaglia, court reporter of 34 years, noted that if you think you’re going too fast, you probably are, so just double check with the reporter at the first and subsequent breaks.

Mind your manners and let each other speak in the deposition. There is no other way to say it. Try to not speak over each other. Lori Stokes, veteran court reporter, points out that it isn’t even a matter of not getting down what is said, but that people are not saying their complete thought, being talked over or interrupted. And it will be frustrating to read a rough and final filled with dashes because participants weren’t letting each other finish their sentences. Cassidy Western, court reporter of three years, reiterated the importance of parties finishing their sentences and suggests the taking attorney repeat the admonitions given at the start of the deposition as needed. Witnesses often need to be reminded to let attorneys finish the question, give verbal responses, and the like. This not only translates to a clean, complete rough, but fewer interruptions by the reporter seeking clarification when there is crosstalk.

If an interpreter was scheduled for the deposition, use their talent to get the best rough draft. Often a deponent may speak excellent English even if it isn’t their first language. However, even if they are fluently bilingual, words may come up that don’t directly translate, or they may have a beautiful accent which isn’t so easy to understand, especially in a remote setting. If you took the time to reserve a professional interpreter, let them help you, the deponent and the court reporter make a clear record.

The court reporter is hard at work even on breaks. Pleasantries and small talk are always nice, but your court reporter is more than likely working hard to get you a clean, usable rough draft as quickly as possible. This means utilizing precious minutes to hone the rough draft so they don’t scramble at the end of the deposition. They typically work through breaks in the deposition, checking spellings, cleaning up messy spots and the like.

No, the rough draft is not without imperfections. It is a rough draft, after all, not the certified final. However, conscientious court reporters pride themselves on providing a quality rough draft. They recognize the rough’s value, for which attorneys pay a premium, so they deliver the best possible rough whatever the circumstances. Optimize those circumstances with these tips and see for yourself what a diamond your uncertified rough draft can be at the hands of a sophisticated court reporter!

Planet Depos has been covering depositions for more than a decade, and our court reporters have centuries of experience combined. For more expert tips, check out the PD Blog Page. To schedule your next proceeding, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

Rough drafts are such an added value to attorneys, especially in fast-moving litigation. The uncertified rough draft, ideally delivered by the court reporter within hours of the proceedings, is the “unofficial” transcript provided before the final transcript is ready. These unofficial transcripts are useful to prepare for future depositions in the case, determine if additional documents are needed, and much, much more. The better the quality of the rough, the more helpful it is. What can attorneys and their teams do to receive the best possible rough draft? We asked a few of our own powerhouse court reporters for their insight, and it turns out, there are a few things that make a big difference in the quality of the rough draft. In fact, there are enough thoughtful tips from our reporters that you’ll have to check back for more! For right now, let’s look at what you can do before the deposition to position the reporter to provide a sparkling rough draft.

Request a rough draft when you schedule the deposition. Court Petros, court reporter of four years, confirms the most helpful thing an attorney can do when ordering a rough is to make the rough draft request in advance. This allows the scheduling coordinator to reserve a reporter who has the flexibility to provide the rough in the time frame requested. Equally important, advanced notice enables the court reporter to head into the deposition knowing they need a rough ready by XX date. The reporter will then prepare accordingly – rough drafts do require extra preparation.

Help your court reporter build a dictionary. Court reporters take down the record with speed and amazing apparent ease. One tool helping reporters do this is the dictionary they have built over their career, a lexicon pulled from a wide variety of case matters with medical, legal or technological terminology, and any other subject matter you can think of. But each case is unique, so to aid the reporter in building the dictionary relevant to your case, send them a list of specific names and terms.

Speaking of dictionaries, provide spellings to the court reporter. This tip was universal, with every reporter highlighting how helpful it is to receive spellings from the legal team, either prior to the deposition or on breaks. This shaves off valuable minutes spent seeking correct spellings, meaning the rough is ready that much sooner, and is that much more accurate!

Make sure the court reporter can access exhibits. If possible, make exhibits available to the court reporter prior to the deposition, whether remote or in-person. Court reporting professionals love prep materials – as veteran court reporter Lori Stokes says, the more they can prepare in advance, the better the rough will be. Having the exhibits prior to the deposition is a huge help to the court reporter, as they may also contain spellings, terms, etc. that the reporter will need for the rough.

Additional prep materials are always welcome and helpful to court reporters. If there are previous transcripts in the case, send them. Cassidy Western, court reporter of three years, specifically said the roughs she has turned around fastest were those where she had access to previous transcripts in the case. If previous depositions were covered by the same court reporting agency, they will already have those transcripts to provide to the reporter, but double check to make sure the reporter has all previous witnesses. There is no such thing as too many prep materials. This was another unanimous tip from all the reporters polled. Hint, reporters always love receiving a copy of the Notice of Deposition.

Test with the remote technician before the deposition. Yes, we keep saying it. It’s essential. You need to test your internet connection and speed, test your audio and video, microphone, etc. before you log in to take the remote deposition. Everyone participating in a remote deposition needs to be able to see and hear. The reporter who can’t hear the participant who didn’t test their connection and equipment can’t promise a highly accurate rough draft (or final). Schedule the test.

For remote depositions, log in early. It is always recommended to log in early to remote depositions. You can quickly check your connection, audio and video. Make it a habit to log in early to give the reporter your name, firm name and names of other attorneys from your firm who will be joining. If possible, providing a list of attendees from your firm before the remote deposition would be even better.

These tips outline what you can do from scheduling the deposition right up to the moment you go on the record. They set you firmly on the path to a quality rough draft from the court reporter. Next, we’ll be sharing the list of actions you can take during the deposition to secure your speedy and accurate rough draft.

Planet Depos court reporters have been covering legal proceedings in all variety of case matters, all over the globe, with a combined experience totaling centuries. From realtime to roughs, in-person or remote, the Planet Depos court reporter will make it happen. To schedule your next proceeding, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.