Depositions and Digital Evidence: Strategies for Effective Litigation

Mihai Vrasmasu | Shook, Hardy & Bacon LLP

Mihai Vrasmasu is a partner in the Miami, Florida, office of Shook, Hardy & Bacon LLP. As one of the founders of Shook, Hardy & Bacon’s pharmaceutical and medical device practice in Miami, Mihai was instrumental in growing it into one of the top pharma practices in South Florida and gaining favorable results for clients such as Bausch & Lomb, Pfizer, Roche, Boston Scientific, Bayer, Zimmer and Stryker.

Mihai also provides litigation risk assessments and other consulting services to surgical robot manufacturers. Over the years, Mihai has taken and defended countless depositions of various witnesses—including medical experts and treating physicians—in high-stakes cases across the country.

Lori-Ann Ridley | Shook, Hardy & Bacon LLP

Lori-Ann Ridley is an associate attorney in the Miami, Florida, office of Shook, Hardy & Bacon LLP, focusing on product liability litigation. In her practice, she has gained valuable experience taking a variety of depositions, utilizing this critical discovery tool to strengthen her clients’ cases. Lori-Ann has conducted depositions of multiple fact witnesses, honing her skills and developing effective questioning strategies to uncover key information that supports her clients’ positions.

As an active participant in firm training and CLE programs, Lori-Ann is passionate about developing her deposition skills and sharing her insights with fellow attorneys. Her practical experience and commitment to continuous learning make her an emerging resource for those seeking to refine their litigation and deposition techniques.

Paul Leopold | KoonsFuller, P.C

Paul M. Leopold is double board certified in both Family Law and Civil Appellate Law by the Texas Board of Legal Specialization. While focusing his practice on family law appeals, he also helps trial counsel with all aspects of a case from beginning to end.

He has successfully represented clients in both state and federal trial and appellate courts.

Session I – Practical Tips for Virtual and In-Person Depositions | 2:00pm – 3:00pm

• Understanding the Deposition Landscape
  • The pros and cons of the three main deposition types (in-person, virtual, and telephonic)
  • Should you video record the deposition?
• Pre-Deposition Preparation:
  • Deposition location consideration (in-person and virtual)
  • Technology considerations (platforms, connectivity, and backups)
  • Tips for creating a professional and functional remote environment
  • Effective witness preparation techniques
  • Preparing an outline: defining objectives
  • Preparing exhibits
• Tips for Conducting an Effective Deposition
  • Who should be in the room with the witness?
  • Remote deposition specific instructions
  • Managing screen-sharing, digital exhibits, and recording testimony
  • Controlling the deposition: set the tone, listen actively, and stay on track
  • Using exhibits strategically
  • Structuring questions: avoid leading, compound, and confusing questions
  • Dealing with Objections: know the rules
  • Handling evasive or combative witnesses
  • Wrapping up effectively: review your outline, ask catch all questions, and clarify ambiguities
  • Exhibit management following conclusion of deposition
• Post-Deposition Review
  • Review the transcript
  • Evaluate the witness
  • Plan next steps and follow up as necessary

Break | 3:00pm – 3:10pm

Session II – Digital Evidence Demystified: Navigating Smartphone Data in Court | 3:10pm – 4:10pm

• How to introduce, admit, and object to this digital evidence in hearings and at trial
• Knowing and understanding what data is on a smartphone
• Presenting that data as evidence
• Admitting and objecting to that evidence