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Could AI one day measure the attentiveness of jurors?

Technology that enables videoconferencing to conduct remote court hearings and other legal proceedings has been essential during the COVID-19 pandemic. However, how do the attorneys and judges know if remote jurors are actually paying attention to trial testimony?

In a recent Law.com Legaltech News article the pros and cons of using of software to monitor juror engagement is discussed, including insight from Prevail Legal’s co-founder and CEO Rob Feigenbaum. In his view, such use of facial recognition technology should be disclosed during the voir dire process to avoid privacy risks.

“With jurors, I don’t think it will be downloading anything,”…


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Planning for remote depositions

Widespread reliance on remote deposition technology is still in its infancy, but the adoption of virtual deposition platforms is growing quickly, spurred by a backlog of cases. Prevail Legal recently explained why remote depositions are here to stay even after the pandemic ends.

There is a learning curve in planning and preparing for these remote proceedings in order to achieve the best outcome. Rob Feigenbaum, CEO and co-founder of Prevail Legal, Inc., recently led an audience of paralegals through this “new norm” during a virtual continuing education seminar hosted by NALA, now available on demand. …


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Planning for Remote Depositions

Attorneys must learn to plan effectively for remote depositions as they become commonplace during — and after — the COVID-19 pandemic. Courts must also learn what works best procedurally for governing remote deposition protocols.

Deliberations over the where, the how, the when and the who (can attend) of a deposition can be contentious. However, with a proper understanding of how remote deposition tools work, these questions will become easier to answer in the protocol order the court issues.

For starters, here’s a good benchmark: The pretrial order setting remote deposition guidelines by the Southern District of Florida for the growing…


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More depositions are being held remotely and require a change in preparation.

A shift to conducting remote depositions during the COVID-19 pandemic presents an opportunity to reshape the model for recording and managing testimony that has existed for more than a century. The ability to save time, complete efficient analysis and preparation of evidence, and create value for clients has never been stronger.

On January 27, Prevail Legal co-founder and CEO Rob Feigenbaum will be making the case for remote depositions to an audience of paralegals and legal assistants. …


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Remote Depositions have become commonplace due to the pandemic — but that doesn’t mean they’re going anywhere.

The use of remote deposition technology during the COVID-19 pandemic is not just a quick fix, as action by New York’s Office of Court Administration indicates.

New York announced in November 2020 that it was seeking public comment on a proposed rule to regulate the use of remote depositions by its courts. Court administration offered a proposed form “Stipulation and … Order Concerning Protocol for Conducting Remote Depositions” for judges to issue. The public comment period is open through January 19, 2021.

For an example of an existing remote deposition protocol order issued in another state, see this October pretrial…


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High-tech legal proceedings are becoming a major part of the new normal.

Why do specialty court reporting services such as real-time transcription cost so much?

It’s a matter of supply of demand, Prevail co-founder and CEO Rob Feigenbaum told Editor-in-Chief of Legal IT Insider, Caroline Hill recently during a lively Litera TV discussion. Among the pool of court reporters available to attend depositions as part of private litigation, only a small percentage have the training and certification needed to use the real-time technology.

The fees for a certified deposition transcript are already high, leaving many litigants unable to even contemplate such add-ons

“Prices are extremely high for something that should not be…


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Reinventing Professionals podcast with Ari Kaplan

The COVID-19 pandemic disrupted the legal industry in profound ways in 2020. For legal technologists such as Prevail Legal CEO Rob Feigenbaum, that disruption created opportunities to redefine how attorneys accomplish their tasks.

Taking remote depositions as part of litigation stands prominently among those tasks. During his appearance on the podcast, Feigenbaum laid out the concept of “testimony management” (Hint: It’s not about the transcript). He explained the market dynamics in the court reporting space that gave rise to the Prevail Legal solution.

Importantly, he also spoke about the ways in which the ability to edit video clips “on…

Prevail Legal

We founded Prevail Legal because we know the value of time, and believe that when attorneys can focus more on taking better depositions, everyone benefits.

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