When And How to Depose Fact Witnesses Remotely (2024 Edition)

James M. Susag | Larkin Hoffman

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes.

Representative Experience

Franchise Litigation and Arbitration

Jim represents franchise and dealer clients across various industries including food and beverage, retail, leisure and fitness, health care, hospitality and commercial and consumer services. His experience spans disputes relating to claims of violation of state franchise or dealership laws, trademark infringement, breach of contract, system-standards enforcement, consumer class actions, post-termination rights, disclosure and registration issues, fraud claims, vicarious liability, independent contractor misclassification and joint employment issues.

Real Estate Litigation

Land owners, developers, buyers, sellers, lenders, contractors and brokers rely on Jim to defend their property in all types of real estate disputes, including purchase and sale agreements, commercial and residential leases, construction contracts, mechanic’s liens, commercial and residential construction and design defects, title claims, premises liability, boundaries and easements, valuation, zoning, land use and governmental approvals.

Business Litigation

Jim handles complex commercial disputes involving contract interpretation and enforcement, unlawful business practices, civil fraud and unfair competition. He also represents clients in disputes among owners of closely-held businesses.

I. How to untangle the web of local, state, and federal regulations currently applying to legal proceedings and management of public health concerns in that context | 2:00pm – 2:30pm

II. How interactions with clients, opposing counsel, and vendors may be augmented or re-framed in the context of a remote legal proceeding | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. The use of technology and various ways to prepare oneself as well as witnesses to use it seamlessly in the context of litigation and specifically depositions | 3:10pm – 3:40pm

IV. Concrete things that attorneys can do in advance to ensure a smooth remote proceeding | 3:40pm – 4:10pm