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Tag Archives: Deposition

Attorneys – Civil Practice – Discovery – Deposition – Corporate Counsel – Intellectual Property — Patent (access required)

Buyer’s Direct Inc. v. Belk, Inc. Documents produced in discovery show that defendants’ in-house counsel has direct personal knowledge of non-privileged facts relating to another lawsuit in which defendants were accused of infringing on their suppliers’ designs and manufacturing products based on such designs under their own private label. Plaintiff seeks to depose defendants’ in-house counsel as a fact witness, and defendants have not shown that such a deposition would be overly disruptive or burdensome to defendant.

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Contract – Arbitration – Deposition — Waiver of Right to Compel Arbitration – Operating Agreement (access required)

HCW Retirement & Fnancial Services, LLC v. HCW Employee Benefit Services, LLC Several key claims in a thorny dispute were covered by an arbitration clause, contrary to the trial court’s ruling. However, the defendants waived their right to arbitration by deposing plaintiff at length and in detail about the claims in dispute in advance of arbitration.

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