civil procedure

The English Rule vs US Sanctions Quandary

by on October 16, 2013 in GS2LAW

“Oh no Mr. Garson, that’s the English model!” Exclaims the judge, appalled at my suggestion that the losing party ought pay the legal fees and costs of my winning client. At that point, the ugly reality dawned that for many Americans, suing on baseless claims has only upside, defending spurious suits is not incentivized and […]

Paula Deen & The Dirty T-Word

by on July 1, 2013 in GS2LAW

The words that precede practically every deposition are: “Do you solemnly state that the testimony you will give in this deposition proceeding will be the truth, the whole truth, and nothing but the truth?” If that statement or oath is to be upheld properly, a deponent (a person being deposed), should feel free to tell […]

Hitting Facebook In Its Private Parts

by on June 11, 2012 in GS2LAW

It is not difficult to feel old, from a legal perspective, as one can remember testing the bounds of fingerprinting, skin cell shedding, DNA profiles (and databases, of course) in court. One of the more recent battles has been the use and accuracy of cell site evidence which also has the added benefit of being […]