Thomas & Thomas Court Reporters and Certified Legal Video, LLC

SERVICES:  Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION:  CENTRIPETAL NETWORKS, INC., Plaintiff, v. CISCO SYSTEMS, INC., Defendant.; Civil Action No. 2:18cv94

CASE TYPE:  Rule 63 retrial

COURT:  UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, Norfolk Division

LOCATION:  Norfolk, VA

JUDGE:  U.S. District Judge Elizabeth W. Hanes

LAW FIRMS:  Kramer Levin (Plaintiff) and Duane Morris (Defendant)

OVERVIEW:  Provided trial technician to display exhibits and PowerPoints at the trial.  Worked with tutorialist expert and client to fine-tune PowerPoint slides.  Used OnCue to create callouts and highlights of exhibits for use in PowerPoint.

UNIQUE ASPECT OF TRIAL:  The background of this case is unique in and of itself.  In 2020, Judge Morgan found that Cisco owed Centripetal $1.9B for patent infringement.  Just before issuing said finding, Judge Morgan informed the parties he had learned that his wife had just under $5,000 in Cisco stock.  On appeal, Cisco argued and won that the judgement should be vacated due to the Cisco stock.  The $1.9B was the largest patent infringement verdict in US history.

At the retrial, the unique aspect was definitely the limited amount of evidence presented.  Because this was being tried under Rule 63, each party only presented a tutorialist on the technology and then did closing arguments.  Initially, there were going to be several additional witnesses; however, those witnesses were scratched at the last second.  As noted above, this was a new judge,  but Judge Hanes did a great job with the technology and facts of this case.  She was prepared and attentive throughout the trial.

RESULT:  This was a bench trial and no Order has been issued.  This blog will be updated once an Order is issued. 

SERVICES:  Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION:  USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN COMPUTER NETWORK SECURITY EQUIPMENT AND SYSTEMS, RELATED SOFTWARE, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME; Inv. No. 337-TA-1314

CASE TYPE:  Section 337 of the Tariff Act of 1930, Unfair Competition

COURT:  United States International Trade Commission, Washington, DC (ITC)

LOCATION:  Washington, DC

JUDGE:  Administrative Law Judge MaryJoan McNamara

LAW FIRMS:  Kramer Levin (Plaintiff) and Reed Smith (Defendant)

OVERVIEW:  Provided trial technician to display exhibits and PowerPoints at the trial.  Worked with expert witnesses and client to fine-tune PowerPoint slides.  Used OnCue to create callouts and highlights of exhibits for use in PowerPoint.

UNIQUE ASPECT OF TRIAL:  We were the first or second trial in the newly-renovated Courtroom A, which has been outfitted with over 20 monitors and a large projector screen.  Everything is updated and made for an enjoyable presentation.  We were also the first or second in-person trial post COVID.  As such, the parties and the ITC staff had to adjust to being back in the ITC.

ITC trials are timed.  Here, each side only had a couple of days to put on their entire case, which is very difficult for a complex patent case.  Furthermore, the time was also divided up between the ITC staff, which gets to put on evidence as well.  The combination of three parties made for a very busy trial. 

RESULT:  ITC proceedings are bench trials, and the Judge has not issued her findings yet.  This blog will be updated upon her findings being issued.

SERVICES: Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION: Confidential

CASE TYPE: Breach of Contract

COURT: JAMS (Arbitration)

LOCATION: San Francisco, CA

ARBITRATOR: Alexander “Lex” Brainerd, Esq.

LAW FIRMS: Confidential

OVERVIEW: Provided trial technician to display exhibits and PowerPoints at the arbitration. Used OnCue to create callouts and highlights of exhibits for use in PowerPoint. Also assisted with Zoom/remote testimony, as this was a hybrid arbitration with some of the parties appearing n in person and some appearing remotely.

UNIQUE ASPECT OF TRIAL: This arbitration was conducted at the tail end of COVID so a lot of the COVID restrictions were still in place. Just prior to the start of the arbitration, one of the attorneys got sick so they had to participate remotely. This added another level of complexity, as we were continuously ensuring that attorney was receiving all of the evidence and testimony being presented. Several of the witnesses also appeared remotely. As a result, we utilized Zoom’s share screen function to display the in-person presentation to the remote participants. The combination of OnCue and Zoom worked seamlessly to show exhibits, videos, and PowerPoints.

RESULT: Confidential.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and we welcome the opportunity to assist you with any need you may have. If you would like to learn more about trial presentation services, trial technicians, and/or trial graphics, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

Last month, Thomas & Thomas Court Reporters had the privilege of participating in the 2023 Nebraska Defense Counsel Association’s (“NDCA”) Annual Meeting and Seminar.  This year, it was held at the Farnam, 1299 Farnam Street, Omaha, Nebraska 68102.  In exchange for a sponsorship, Thomas & Thomas Court Reporters provided professional A/V and videography services, including a video recording, PowerPoint display, and live streaming.  The event consisted of seven presentations spanning the entire day.

The evening prior, Thomas & Thomas Court Reporters also attended the pre-event dinner at Dynamite Woodife Grill where we were able to socialize with current and past members of the NDCA.

Thomas & Thomas Court Reporters looks forward to our continued relationship with the NDCA and next year’s Annual Meeting.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and we welcome the opportunity to assist you with any need you may have.  If you would like to learn more about our professional A/V and videographer services, please do not hesitate to contact us.  We would love to show you the multitude of services we have to offer.  We look forward to making your life easier.

Last month, Nebraska's governor, Pete Ricketts, proclaimed the week of February 5 - 12 as Nebraska Court Reporting and Captioning Week.  This procalmation was part of a nationwide effort to recognize the importance of court reporters and the viability of the profession.  This year marked the 10th Annual National Court Reporting & Captioning Week.  Thomas & Thomas Court Reporters was lucky enough to have three representatives attend the ceremony - Gretchen Thomas, RPR, CRR, John Thomas, CLVS, and Cindy Craig, RPR.  Below is the proclamation in full:

WHEREAS, For millennia, individuals have wanted the spoken word translated into text and to accomplish this task have relied on scribes; and

WHEREAS, Scribes were present with our nation's Founding Fathers as the Declaration of Independence and Bill of Rights were drafted; and

WHEREAS, Since the advent of shorthand machines, these scribes have been known as court reporters and have played a permanent and invaluable role in courtrooms across our country; and

WHEREAS, Court reporters and captioners are responsible for the closed captioning seen scrolling across television screens, at sporting stadiums, and in other community and educational settings, bringing information to millions of deaf and hard-of-hearing Americans ever day; and

WHEREAS, Court reporters and captioners translate the spoken word into text and preserve our history; and

WHEREAS, Whether called the scribes of yesterday or the court reporters and captioners of today, the individuals who preserve our Nation's history are truly guardians of the record.

NOW, THEREFORE, I, Pete Ricketts, Governor of the State of Nebraska, DO HEREBY PROCLAIM the week of February 5 - 12, 2022, as NEBRASKA COURT REPORTING AND CAPTIONING WEEK in Nebraska, and I do hereby urge all citizens to take due note of the observance.

Did you know? If you are interested in finding out of a career in court reporting or captioning is right for you, check the NCRA A to Z® Intro to Steno Machine Shorthand program, a free six- week course that is available onsite and online. The course teaches participants how to write the alphabet in steno and offers the opportunity to see if the career path is a right one for them.

Want to find out more about what Thomas & Thomas Court Reporters does?  Check out our services page for more information.  

It’s the perfect time to shine a light on a career that’s a best-kept secret

2022 Court Reporting & Captioning Week, hosted by the National Court Reporters Association, is happening Feb. 5-12 and marks the perfect opportunity to showcase the skills of your station’s captioner and to share with your viewers more about the unique careers stenographic court reporting and captioning offer.

Did you know…

• That court reporting and captioning do not require a four-year college degree, providing graduates to enter the workforce more quickly and with less debt?
• That there is a growing need for professionals to fill stenographic court reporting and captioning jobs?
• That this career choice offers good pay, unlimited opportunities, the chance to travel at home and abroad, and many times, a front-row seat to history?
• Stenographic captioners do wonderful work to help better the lives of millions of Americans who are deaf or hard of hearing by providing captioning in real time for live sporting and theater events, church services, movie houses, many other venues, and newscasts like yours!

Here are a few more fun and interesting facts about the court reporting profession:

• Capturing the record of important proceedings dates to the fourth century B.C.

• The ampersand (&) is one of the earliest forms of shorthand.
• There are official court reporters who are employees of the court, freelance court reporters, broadcast captioners, and CART captioners (Communication Access Realtime Translation—often employed in classroom settings to assist students who are deaf or hard of hearing).
• In an emergency, broadcast captioners can provide vital information to 48 million Americans who are deaf or hard of hearing.
• Court reporters and captioners use cutting-edge technology to bring the spoken word accurately to text in real time.
• There is currently a steady demand for professionals in the court reporting and captioning professions as many in the field are reaching retirement age in the next several years.
• Annual salaries of court reporters and captioners can reach upwards of $80,000.

Court reporters and captioners rely on the latest in technology to use stenographic machines to capture the spoken word and translate it into written text in real time. These professionals work both in and out of the courtroom recording legal cases and depositions, providing live captioning of events, and assisting members of the deaf and hard-of-hearing communities with gaining access to information, entertainment, educational opportunities, and more.

If you’re looking for a career that is on the cutting edge of technology, offers the opportunity to work at home or abroad, like to write, enjoy helping others, and are fast with your fingers, then the fields of court reporting and captioning are careers you should explore.

The NCRA  A to Z^® Intro to Steno Machine Shorthand program is a free online six-to-eight-week introductory course that lets participants see if a career in court reporting or captioning would be a good choice for them. The program is an introductory course in stenographic theory and provides participants with the opportunity to learn the basics of writing on a steno machine. There is no charge to take the course, but participants are required to have access to a steno machine or an iPad they can use to download an iStenoPad app.

The NCRA A to Z programs are taught by volunteer professionals working in the court reporting and captioning arenas who also share insights into the many aspects of court reporting and captioning that make it a viable profession, including good salaries, flexibility, interesting venues, and the increasing demand for more reporters and captioners to meet the growing number of employment opportunities available in the field.

To arrange an interview with a working court reporter, captioner, or a current court reporting student, or to learn more about the lucrative and flexible court reporting or captioning professions and the many job opportunities currently available, contact This email address is being protected from spambots. You need JavaScript enabled to view it..

About NCRA

The National Court Reporters Association (NCRA) has been internationally recognized for promoting excellence among those who capture and convert the spoken word to text for more than 100 years. NCRA is committed to supporting its more than 13,000 members in achieving the highest level of professional expertise with educational opportunities and industry-recognized court reporting, educator, and videographer certification programs. NCRA impacts legislative issues and the global marketplace through its actively involved membership.

Forbes has named court reporting as one of the best career options that do not require a traditional four-year degree. The U.S. Bureau of Labor Statistics reports that the court reporting field is expected to be one of the fastest areas of projected employment growth across all occupations. According to 247WallSt.com, the court reporting profession ranks sixth out of 25 careers with the lowest unemployment rate, just 0.7 percent. Career information about the court reporting profession—one of the leading career options that do not require a traditional four-year degree—can be found at DiscoverSteno.org.

SERVICES:  Trial Presentation Services, Trial Technician, A/V Equipment Rental, and PowerPoint Creation

CASE CAPTION:  Estate of Matthew P. Perkins, By and Through Its Administrator, David Perkins, and David  Perkins and Wilma A. Perkins, Individually vs. Sheryl R. Stalzer and Richard Stalzer; LACI10621

CASE TYPE:  Wrongful Death

COURT:  Iowa District Court for Marshall County

JUDGE:  Judge James C. Ellefson

LAW FIRMS:  Fredd J. Haas Law Offices, PC (Plaintiffs) and UNKNOWN (Defendants)

OVERVIEW:  Providing trial technician to display exhibits, PowerPoints, and video depositions at trial.  Thomas & Thomas Court Reporters was also responsible for the A/V equipment and ensuring all the A/V equipment was setup correctly.

UNIQUE ASPECT OF TRIAL:  The unique aspect of this trial was the fact that it was held at the community theaters (The Orpheum) instead of the courthouse, as the courthouse was partially destroyed after a tornado came through Marshalltown on July 19, 2018 and was not quite ready to hold trials at the time. 

Because the trial was not held in a traditional courtroom, additional A/V equipment was needed to ensure a clear and visible presentation was possible.  Thomas & Thomas Court Reporters utilized a 100” projector screen as the main display and then split the signal to the TV that was already in the space so that the room would have a secondary screen for alternate viewing.  A separate trial tech table was also utilized due to limited space and the room’s configuration. 

As with lots of spaces, line of sight was of particular concern here.  We had to place the projector screen off to the side, but at enough of an angle so that everyone could see it.  The secondar monitor was then positioned on the opposite side so that those closest to it didn’t have to look all the way across the room, if so desired.  Here, we were able to utilize the TV’s speakers for audio playback instead of the projector’s internal speakers or brining in a standalone speaker.                       

RESULT:  $6,000,000 settlement several hours after the jury left to deliberate.

In September, the Omaha Bar Association hosted a town hall meeting with members of the local legal community to discus the futrue of court reporting in Nebraska.  As a part of that town hall meeting, Thomas & Thomas Court Reporters was asked to sit on the panel to provide insight into the matter.  Below are photos from the meeting, as well as an article by David Golbitz from The Daily Record about what transpired at the meeting.  Thank you to the OBA for including Thomas & Thomas in the town hall meeting.  We truly appreciate being a part of the discussion.

Future of Court Reporting in Nebraska Up in the Air

By David Golbitz

The Daily Record

The Omaha Bar Association hosted a town hall meeting with members of the local legal community to discuss the future of court reporting in Nebraska.

A contentious issue, the hour-and-a-half long meeting—moderated by Omaha attorney Stu Dornan — raised a number of questions but provided few answers.

At the heart of the discussion was the fact that Nebraska has a shortage of trained, qualified court reporters, leaving many courtrooms to rely on potentially inaccurate transcriptions made from digital recordings of the testimony.

“(Accurate records are) the lifeblood of what we do,” Supreme Court Justice Jeffrey Funke said. “We can't have a justice system without the record. It's important for the litigants, important for the attorneys, important for the trial judge and it's extremely important for me in my job now as an appellate judge. All I do is read the record.”

Most of the lawyers and judges who spoke at the town hall agreed that having a court reporter in the courtroom is the absolute best way to ensure an accurate record.

“If I had my druthers, I would say every courtroom should have a stenographic court reporter,” Funke said. “Is that financially feasible? No. Is that feasible with the shortage that we’re experiencing? No. So what do we do?”

One of the reasons for the court reporter shortage is that Nebraska doesn’t offer a competitive salary. Some court reporters previously employed in Nebraska are leaving for higher wages — by one count, there are currently nine court reporters working in Iowa who used to work in Douglas County.

Funke said that a pay study is currently underway to determine how much Nebraska should be paying its court reporters, but the study won’t be ready until the end of the year.

More competitive pay doesn’t, on its own, mean that there will be enough qualified workers to serve as court reporters, though. Many employers are struggling to draw in the talent they need, and the shortage of court reporters is national — there just aren’t enough workers for all vacancies.

Douglas County Public Defender Tom Riley wants the state to do whatever it has to do to ensure every courtroom has a court reporter.

“Cheaper isn’t necessarily better in this context,” Riley said. “I can think of any number of instances where I’m so glad that there was a court reporter that was involved, a human being, a steno, that knows what they’re doing and can keep track of the record both with regard to the physical evidence and the testimony.”

Riley added: “As far as I’m concerned we should do everything we can to keep live steno court reporters in the courtroom as often as we can. And whatever changes we need to do, keep them here.”

The problem with not having a dedicated court reporter in the courtroom is that something might be missed by someone who is just listening to an audio recording.

“I think of all the sidebars we have where you might be talking over me, the court reporter will say, ‘one at a time’ or ‘slow down’ or ‘you’re too quiet,’” Chief Deputy Douglas County Attorney Brenda Beadle said.

Court reporters are able to actively listen to what’s being said.

“If there’s not a way to discern between what’s not important and what is actually important, that is a concern,” Interim Omaha City Attorney Matt Kuhse said.

The potential that a key part of testimony might be missed is significantly higher without a court reporter working in real time in the courtroom.

During her presentation, Sarpy County court reporter Stefanie Allison presented a transcript that had been made from a digital recording that had “261 untranslates, indecipherables, indiscernibles and unidentified speakers.”

“This is an appeal,” Allison said. “This is somebody’s life here, and this record is not accurate. You can’t make a ruling on this.”

Douglas County Court Judge Thomas K. Harmon said that he has had to change the way he presides over his courtroom when he doesn’t have a court reporter.

“One of the things that I try to do on the bench is to be very clear in the questions that I’m asking, hoping that I’ll have an audible record that will in fact, if an appeal comes about, that you do have those facts available and that there is a record made,” Harmon said. “I’m very anal about making sure everyone identifies themselves, making sure that the names are spelled correctly.”

Kuhse said that judges shouldn’t have to split their attention between listening to testimony in the moment and wondering whether the audio recording is going to be clear enough on a later review.

“I do not like recording systems in county court,” Kuhse said. “It places too much burden on the judges to have to get the exhibits, mark the exhibits, keep track of the exhibits, when their attention should be on the evidence and testimony.”

The town hall meeting ended without a clear idea of how to ensure an accurate record is kept for every case if there is not a court reporter in every courtroom.

Most attendees believe there will have to be some sort of hybrid system between having inperson stenographers and using digital recording technology, but no one knows what it will look like.

“Part of solving that problem is to incorporate digital recording into District Court and do it in a way that supports stenos,” District Court Judge Shelly Stratman said. “How is (digital) going to incorporate with our stenos? And how are we going to make sure that we have the software, the equipment, and everything we need to make sure that every attorney and every litigant is getting an accurate record?”

Until that hybrid system is figured out, there will still be only one surefire way to ensure that the court record is accurate.

“I will tell you right here and now the reality is that if you do not have a stenographer in that courtroom you cannot guarantee that that record is accurate,” Allison said. “You cannot. Period.”

SERVICES:  Trial Presentation Services, Trial Technician, A/V Equipment Rental, and PowerPoint Creation

CASE CAPTION:  NexStep, Inc. v. Comcast Cable Communications, LLC; 1:19-CV-01031

CASE TYPE:  Patent Infringement

COURT:  United States District Court for the District of Delaware

JUDGE:  Judge Richard G. Andrews

LAW FIRMS:  Kramer Levin (NextStep) and WilmerHale (Comcast)

OVERVIEW:  Providing trial technician to display exhibits, PowerPoints, and video depositions at trial.  Thomas & Thomas was also responsible for some of the A/V equipment and ensuring all the A/V equipment was setup correctly.

UNIQUE ASPECT OF TRIAL:  There were two unique aspects to this trial.  The first was that the Judge did not allow our team to put on a damages case.  Thus, our entire presentation was devoted to infringement and validity.  The other unique aspect of the trial was the courtroom was not completely wired like federal courtrooms normally are.  Here, we had to bring in a projector and connect it in such a way that both sides could black out the signal when displaying evidence that had not been admitted.  This is especially important in patent litigation, as there are voluminous amounts of exhibits and using physical copies to admit evidence would be burdensome and time consuming.  Normally, the courtroom is wired in a way that the Court controls what is shown to the jury and is not a responsibility of the parties.          

RESULT:  Infringement.  The jury issued a verdict finding Comcast’s Xfinity brand app indirectly infringed NexStep’s patent for a way of turning a remote control into a customer service “concierge device,” but cleared Comcast of claims of infringing a related patent.

On May 1st, 2021, Thomas & Thomas Court Reporters and our team of amazing writers were fortunate enough to again provided court reporting and realtime services for Warren Buffett and Charlie Munger at the Berkshire Hathaway Annual Shareholder Meeting.  This was the 11^th consecutive year that Thomas & Thomas has been asked to report for this annual Omaha and world event. 

This year, however, with the COVID-19 pandemic still looming, the meeting was moved from Omaha to Los Angeles, which made for a fun and memorable experience that included travel and a new venue.  For over 4 ½ hours, Mr. Buffett, Mr. Munger and others answered questions on everything from the future of Berkshire Hathaway, to bitcoin, to SPACs. 

In addition to providing the official record of the 2021 meeting, this was the 3^rd year that Thomas & Thomas was asked to provide Mr. Buffett and Mr. Munger personally with a direct realtime feed of the questions as they were being asked to better assist them in their ability to respond.  And respond the did!  They were amazing and never missed a beat; and, as you might expect, a pleasure to work for.

Congratulations to our tremendously talented court reporters (Brie, Mary Lou and Cheryl) and the entire Birkshire Hathaway team for a job well done.  We look forward to seeing you again next year.

Earlier this year, I had the privilege of being one of the trial technicians for what is believed to be the first patent trial ever tried remotely – Centripetal Networks, Inc. v. Cisco Systems, Inc., 2:18-CV-00094-MSD-LRL.  Over the course of six weeks, I learned how to effectively, efficiently, and correctly present an all-digital case via Zoom.  Below are a few helpful tips one may want to consider, in the event you find yourself trying a case remotely, as well as some real-life examples from the trial and what the parties did to address them. 

The first steps in conducting a successful remote/Zoom trial occurs well before the trial ever starts.  If done correctly, your pretrial efforts will significantly reduce any technical issues you may experience at trial.  As is the case with all technology, you will always experience some issues.  It is unavoidable.  However, you will have put yourself in a position to handle most issues that come up at trial. 

There is a lot involved with conducting a trial remotely.  If you or your firm do not have a full understanding of the equipment and technology, I highly recommend hiring a trial technician who can guide you through the process and handle any issues that will inevitably arise.  As with a live trial, you only have seconds to fix a technical issue before all eyes are on you. 

Technical Setup

Internet

The most important part of your setup is the internet.  Without good, quality internet connection, your trial will be a disaster.  It is the foundation for your audio, video, and everything else you do.  Not only do you have to be aware of your own internet connection, but you also need to ensure all parties, including witnesses, have good connections as well. 

It is highly recommended that you hardwire your device and not rely on Wi-Fi.  As we all know, Wi-Fi allows you to connect to the internet without any wires, and while this is very convenient, it is not reliable.  Because the Wi-Fi signal is being transmitted via a frequency, other frequencies and environmental obstacles (i.e. Bluetooth devices, power sources, walls, etc.) can cause your signal to go in and out.  As a result, you want to remove those impediments and connect via an ethernet cable.  In the event you do not have access to a hardwired connection, consider placing your device as close to the router as possible.  You may also want to eliminate as many sources of interference as possible.

In addition to a hardwired connection, you should try to limit the number of devices on your network.  Ideally, you would set up a dedicated network so that only the necessary devices are on it.  In the event you are unable to set up a dedicated network, try limiting the number of devices and usage as best you can.  If you are at work, consider limiting internet usage that is unnecessary for business operations.  Do not stream music or content, as that will create a drag on your network.  If you or your witness is at home, ensure that as many devices are off the network as is possible and that unnecessary internet usage is limited or eliminated until you are done for the day. 

You will want to know the internet speed of your network, as Zoom has minimum bandwidth requirements for their sessions. 

HERE:

• Me – 100 Mbps
• Centripetal – Unknown
• Cisco – Unknown
• Court – Unknown

Microphones

The second most important part of your set up is the mic.  Without clear audio, the Judge and/or the court reporter will not be able to hear you or your witnesses.  Although poor or no video may not be ideal; it is not mandatory to conduct a trial.  Just like with the internet, without audio, you are dead in the water. 

As a court reporting office, we conduct Zoom sessions on a daily basis.  As a result, we have really learned what works and what doesn’t when it comes to mics.  We always use external, noise-cancelling USB mics for all of our depositions, and we recommended to our clients that they use them here.  They are louder, clearer, and all around much better than the internal mic you might find on a laptop or other devices.  Some models even have Bluetooth, which is convenient when your internet is poor, as you can connect your phone to the speaker for louder, clearer sound. 

In the event you or your witnesses do not have access to an external mic, you may want to consider a speakerphone.  They are very reliable; however, you may experience an audio sync issue if your internet isn’t fast enough.  The audio sync issue may not be ideal, but it is better than the court and/or court reporter not being able to hear you.  We recommend using a commercial-grade speakerphone, like a PolyCom, if possible, but iPhones are adequate if there is only one person speaking.  A speakerphone is also a great option when your internet connection is poor and you are experiencing audio issues.

HERE: 

• Centripetal (and witnesses) – Mostly, if not all, our recommended USB mic (contact or office for the specific brand and model number)
• Cisco – Unknown
• Court – Unknown

Cameras

The third technical item you will need to address for a successful remote/Zoom trial is your camera.  As stated above, our office has had considerable experience with the video component of Zoom through our daily use of Zoom for depositions.  Just like with the mic, we recommend an external USB camera.  They generally have better image quality and can be mounted wherever you want so you can optimize lighting and angels.  Given the current COVID-19 pandemic restrictions and shortages, you may want to consider ordering one immediately if you have a trial in the near future, as most quality webcams are currently on backorder.  Same would go for a microphones. 

When deciding where to position the camera for trial, take into consideration the lighting in your room and the angel of the camera.  The light source should come from straight on and not from the side.  Anything else will cast a shadow on part of your face.  Additionally, side light, such as a window, and backlight, will create shadows as well and should be avoided.  If the lighting is too bright, you may want to unscrew just one or two light bulbs instead of turning an entire bank of lights off.  

HERE: 

• Centripetal – External webcam; above eye level
• Cisco – External webcam; above eye level
• Court – Appeared to be from a laptop stationed on the Judge’s desk

Backgrounds

With all activity and issues that come up at trial, you may want to consider utilizing a virtual background to reduce distractions to other viewers.  For those that are not familiar with Zoom’s virtual backgrounds, it is a way to add an image as your background and have that image cover up everything else in your background.  Zoom uses an algorithm to differentiate you from said image, and, as a result, provides a clean appearance for viewers.  Here, the Judge required the parties to use virtual backgrounds and to mark those backgrounds with each party’s logo (Centripetal and Cisco) so that the Judge could easily identify those on the screen. 

Some virtual backgrounds work better than others and should be extensively tested before trial.  Your location and the lighting may also have an effect on the quality of your virtual background.  Additionally, the virtual background seems to work best when the image has some depth to it, as opposed to just a flat color.  It should be noted that Zoom’s virtual background tool is not compatible with all devices.

HERE: 

• Centripetal – A photo of a conference room with Centripetal logo in the corner
• Cisco – Cisco logo on paper taped to a whiteboard (or something similar)
• Court – None

Monitors

Zoom is designed to work seamlessly with dual monitors.  Whether it is the Share Screen function or working on other parts of the case, utilizing a secondary monitor is essential to a successful remote/Zoom trial.  I actually had two external monitors connected to my laptop – one monitor for all things Zoom, one for my trial presentation software and PowerPoint, and another completely devoted to Zoom’s Share Screen tool. 

HERE:

• Me – Two external monitors in addition to my laptop
• Centripetal – Dual monitors
• Cisco – Appeared to have at least dual monitors
• Court – Dual monitors

Pre-Trial Prep

Practice, practice, practice.  I cannot stress it enough.  Through proper practice, you will:

• Become comfortable with the Zoom platform and how it interacts with your device;
• Make certain you and your witnesses have an adequate internet connection and proper audio and video;
• Ensure that you do not have any compatibility issues; and
• Be able to easily and quickly address technical issues as they arise.

It is important that you and your witnesses practice from the locations you will be participating from during the trial.  Technology is quirky, and even moving rooms in an office can have an effect on the technology.  Consider the time of day and how the lighting may change throughout the day.  Determine whether your space is too noisy (i.e. road noise based upon the time of day, fire station nearby, etc.).

Zoom Features & Tools

Zoom can be as simple or as complicated as you want.  Most users of Zoom are only aware of its basic features – video and audio connections, chatting, etc.  However, Zoom has many intricate features that enhance and facilitate a better videoconferencing experience.  Below are several Zoom features and tools that I believe were instrumental in our successful presentation of the case.

Share Screen

• Allows you to share your screen, window, or program with others on the Zoom call
• Great way for showing PowerPoints and exhibits
• Works well with trial presentation software (TrialDirector, Sanction, etc.)
• Can allow another user to control your device, which is helpful if a witness wants to run a PowerPoint themselves

Hot keys

• Just like most programs, Zoom allows you to utilize “hot keys” for quickly activating or deactivating different functions

Chat

• Great way to communicate with the group; helpful to troubleshoot technological issues
• Share contact information
• Add comments to the discussion without interrupting the speaker
• Can utilize the Private Chat function to speak with individuals directly, outside the presence of the entire group
• Share exhibits
  • Drag and drop files you want to share with the group
  • Great alternative to Share Screen in the event you want people to have access to the entire document

Trial Examples

As noted above, technical issues are unavoidable with a trial this complex and long.  Despite your best efforts, something will go wrong.  Hopefully, with adequate prep and practice, you will be able to handle any issue that arises.  Here, we were able to handle all technical issues with little to no effect on the trial.  Below is a breakdown of how different aspects of the trial were handled, the issues that arose at trial, and what was done to resolve it. 

Day 1

• Tutorial – Centripetal Expert
  • We utilized the Share Controls tool of Zoom to allow the witness to be able to control the PowerPoint at his own speed, as there was limited interaction with the taking attorney. I was still able to maintain control of the PowerPoint and was able to take control as needed

Day 2

• Witness – Centripetal Fact Witness
  • The first witness. The Court placed all witnesses Zoom “Waiting Rooms” prior to testifying so that they could be admitted to the trial on a timely basis without exposing them to testimony they were not entitled to be privy to
• Exhibits
  • Opposing counsel did not deliver the exhibits to the correct person at the Court; sent to the wrong person at the court who was out for the day
  • Be sure to think about and possibly test exhibit exchanges in advance
• Depo Clips
  • Shown through Zoom’s “Share Screen” function
  • Choose the “Share Computer Sound” option when selecting Share Screen so that Zoom uses your internal speakers for the audio
  • There is an “Optimize Screen Sharing for Video Clips” option when sharing screens in Zoom. It seems like said feature increases the amount of data that is sent so you may want to ensure that your system and the others on the session can handle the extra packets

Day 4

• Witness – Centripetal Expert
  • Placed the public call (i.e. the call-in number that was available to the public in the event they wanted to “attend” the trial) in a Waiting Room during confidential/proprietary testimony

Day 5

• Witness – Centripetal Expert
  • Was on his home Wi-Fi network and experienced some audio issues; moved locations in his home and it worked better
  • As noted earlier, make sure you limit the usage of your network if you are connecting via Wi-Fi

Day 7

• Witness – Centripetal Expert
  • An artifact of an exhibit appeared on the other ends; closed out of Share Screen and re-entered
  • Judge pushed something on his laptop, which caused the Share Screen window to disappear; closed out of Share Screen and re-entered

Day 18

• Witness – Cisco Expert
  • Had very poor audio quality. Not necessarily internet related, just inferior equipment.  Either used the internal mic on his laptop or iPhone wired headphones (was hard to tell from the video).  Switched audio sources (not sure to what) and it was much better.  This should have been discovered prior to testifying
  • Was using audio from one source and the video from another; prevented the judge, who is on Active Speaker, from being able to see him. Had to merge audio and video feeds into one to allow Active Speaker to work

Day 21

• Witness – Centripetal Expert
  • Had tested setup during trial prep with no issues
  • Froze for the first time during trial; left and then came back in
  • Thereafter, his USB mic stopped working. Switched over to internal mic for a bit, which was poor.  Switched back after several comments from the court reporter that she was unable to understand him, and there were no further issues.

Conclusion

Over the course of the six-week trial, I learned a lot about the intricacies of the Zoom platform and the possible pitfalls of presenting a case remotely/via Zoom.   Because of our success, I would not be surprised if courts around the country adopted similar practices, now and post-pandemic.  The entire process was orderly, efficient, and, most of all, without major technical issues. 

The time and costs savings of conducting depositions remotely/via Zoom have been clear for a while.  Now, we can add conducting hearings and trials to the list. 

Last week, Thomas & Thomas Court Reporters spoke with Dave Sommers at the Omaha Bar Association to discuss how law firms can continue to conduct depositions during the current coronavirus outbreak.  Below is the recording of said interview as well as an explanation of the benefits of remote depositions and our recommendations on how to successfully conduct one.

While the ability to conduct remote depositions have been around for a while, the advent of the coronavirus has put them in the forefront of the legal community.  Having performed over 2,500 videoconferences, Thomas & Thomas has seen the benefits of remote depositions firsthand.  For starters, it is easy to use.  We generate a unique link and send it to all the participants.  One simple click and you are in.  Another benefit is you can connect from anywhere.  Given the current climate, we have seen attorneys, deponents, and court reporters appear from businesses and homes, allowing flexibility to those who cannot or prefer not to be out in public.  Our remote deposition platform, Zoom, also allows the participants to share exhibits in real time with all the other participants.  This function ensures everyone is on the same page and can easily follow along.  Zoom also works with almost all devices – PCs, Macs, and other videoconferencing units. 

Benefits of Remote Depositions:

• Connect from Anywhere- Connect from your home or office
• Easy to Use- Simply click a link to connect
• Incorporate Exhibits- share your desktop to ensure all participants can see and follow the exhibits in real-time
• Universal Connectivity - Connect to PCs, Macs, and V/C Units

Even though remote depositions can be a great alternative to conducting an in-person deposition, the participants should be aware of the pitfalls and how to avoid them prior to conducting their first deposition.  As with any technology, you should do your best to use current, up-to-date products that have the latest updates and security patches installed.  As technology ages, they become less compatible with current software and devices and may not work properly.  External devices, both webcams and speakerphones, are essential to a smooth videoconference.  We recommend Logitech’s HD Pro Webcam and Jabra’s noise-cancelling USB speakerphone.  You also want to ensure you have a stable internet connection.  Make sure you conduct the deposition from somewhere with a constant, high-speed internet connection.  Conducting a videoconference on a public network may be subject to varying internet speeds.  If you can, hardwire the internet connection.  If your device doesn’t have an ethernet port, try acquiring a USB ethernet adapter.  Finally, you always want to test your system with the parties involved.  Ideally, it will be the same setup and in the same location as the deposition.  Thomas & Thomas always tests with each participant prior to each deposition to ensure the user knows how to connect and that there is a stable connection.  Troubleshooting in advance ensures your deposition will get started on time and will be successful.

Recommendations for Conducting a Successful Remote Deposition:

• Use a stable, current device – desktop, laptop, or tablet
• Invest in an external webcam
• Use an external, noise-cancelling speakerphone or call in telephonically
• Use a hardwired internet connection whenever possible
• Test, test, test!

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and now we welcome the opportunity to assist you with any need you may have. If you would like to learn more about remote depositions, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

While the ability to conduct remote depositions has been around for a while, the arrival of the coronavirus has put them in the forefront of the legal community.  Platforms like Zoom, WebEx, and GoToMeeting are being used like never before; and, as a result, are exposing security issues that should be considered when conducting a deposition. 

Below are some protocols to consider prior to conducting your next remote deposition.  Please keep in mind that there are also several other aspects of Zoom depositions (i.e. devices, hardware, connections, etc.) that you will also want to address to ensure your Zoom deposition is a success.

Security Tips for Zoom Depositions

• Use Most Current Version of Zoom - Every so often, you will want to click on your User ID in the upper-right corner of the Zoom dialog box and select “Check for Updates.”
• Require Passwords – Ensure you have gone into your settings and turned on the password requirement option for all sessions you create. The password for the session will then be included in the invite.
• Enable “Waiting Rooms” – The Waiting Room feature requires the host to allow each participant into the meeting. This will further prevent unwanted guest from joining your meeting in the unlikely event they circumvent your password.
• Do Not Use “Personal Meeting IDs” – Personal Meeting IDs are a way to use the same meeting number over and over again. As a result, they will be easier to hack than a randomly generated meeting number.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and now we welcome the opportunity to assist you with any need you may have. If you would like to learn more about remote depositions, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

Welcome to court reporting, legal videography, and trial presentation services tips, tricks and tidbits from Thomas & Thomas Court Reporters.  Each month, we will be providing some insight or thought on a particular litigation support service.  Hopefully, you find these posts and videos informative and come back each month for additional content!

This week we will be discussing focus groups.  Below are several tips, tricks, and tidbits we have learned over the years by conducting our own focus groups.  In the event you have questions or want to learn more, please reach out to our office.  We would be happy to talk with you. 

Focus groups can be conducted in many different ways.  From deciding whether a case is worth taking, all the way to a mock trial, focus groups can be beneficial to your case regardless of where you are at in it.  Below are just a few examples of why you might want to conduct a focus group:

• Case development:
  • Know whether a case is worth taking
  • Develop facts
  • Determine which expert you are going to need to hire
  • Prepare information for a deposition or mediation
• Mock trial
  • Prospective jury’s perception of your client or witness
  • Practice voir dire, openings and closings
  • Gain insight into the deliberation process

In my experience, though, you should try and stay away from using focus groups to determine a dollar amount for your case. 

One of the most important things to remember when conducting a focus group is to remain neutral, both in presentation and in setup.  Here at Thomas & Thomas, we offer a neutral, third-party location so the participants do not know who is conducting the focus group.  If you conduct it at law firm, they may come into the focus group with a preconceived notion of who you are and what you are trying to accomplish.  We also issue the checks to the participants so that everything comes from our office and not a law firm.  If our clients desire, we will also present the facts of your case.  This ensures that your biasness does not interject itself into the presentation of the materials. 

Other important things to consider are making sure you have a true representation of your eventual jury and having the participants signs confidentiality agreements.  You will want to provide snacks and/or meals to the participant to ensure they stay happy and engaged.  Regular breaks also help keep them focused.  We like to provide forms and notepads that you can collect at the end of the focus group, as each participant may respond differently to the setting.  These options allow you to capture the thoughts of a quite participant that you may not hear from much when conducting the focus group.  Being able to record the session for future playback is immensely important.  Often times people tell me that they learn something new each time they rewatch the video.  You may also want to consider streaming the session to another room so non-participating individuals can observe the session without affecting it.  Streaming is also a great way to allow the participants to “deliberate” during a mock trial and still be able to observe their thoughts and feelings in real time.  

Focus groups can be wildly entertaining and informative if presented in the right manner, and we hope you are now better positioned to do just that. 

Thomas & Thomas Court Reporters is excited to be providing A/V support for a three-day trial at the Douglas County Courthouse this week.  Thomas & Thomas brought in four monitors, a large screen TV, ELMO document camera, and a matrix switch so the parties can present their cases in an efficient, digital manner.  Said A/V equipment can be used to show exhibits, videos, and PowerPoints to the jury, counsels’ tables, and the judge. 

Don’t feel comfortable running the equipment?  Need additional tools like trial presentation software (i.e. TrialDirector, Sanction, etc.)?  Thomas & Thomas has you covered.   Our trained trial technicians can assist you at your next trial, ensuring everything runs smoothly and the jury’s attention is kept.  Contact us today to learn more about our court reporting, legal videography, and trial services. 

Last month, Thomas & Thomas Court Reporters were asked to provide trial presentation services for two-week trial at the Plymouth County Courthouse in LeMars, Iowa.  Specifically, defense counsel needed assistance working with MRI images and a radiologist to counter plaintiff’s contention of what the images showed.  For those who have worked with medical imaging software, you know this process can be difficult and unpredictable.  That is where Thomas & Thomas Court Reporters came in.  We worked with the doctor to select the best images and how we might present them in the best way.  Ultimately, we decided between a joint effort of trial technician, doctor, and ELMO document camera operated by the attorney.  With all of the A/V equipment being run through our trial technician, switching between sources was seamless and the elicited testimony proved dispositive in the jury returning a defense verdict. 

Whether it is court reporting, videotaped depositions, or trial presentation services, consider using Thomas & Thomas Court Reporters the next time you need litigation support services.  With over 40 years of experience, we know how to get the job done right. 

Whether you need to rent A/V equipment for a trial, a hearing, or an arbitration, Thomas & Thomas Court Reporters can help.  Our team of trained professionals will provide you with the highest quality, cutting-edge courtroom equipment available, all well below the traditional rental rate.  Available in Omaha, Lincoln, Nebraska and Iowa.

Thomas & Thomas has the following items for rent:

• Televisions (50")
• Monitors
• Projectors
• Projector Screens (100")
• ELMO Document Cameras
• Distribution Amplifiers ("DAs")
• A/V Switches
• Speakers
• POLYCOM Speakerphones
• Tables

Thomas & Thomas is a great alternative when the court's equipment is unavailable, at a price significantly less than other local equipment rental vendors.

RELIABLE TECHNOLOGY, EXPERT SUPPORT

Often times courtrooms and other litigation matters require a specific knowledge of who needs to view what materials in order to present the most effective case.  With over 40 years of experience in the legal field, Thomas & Thomas has the ability to provide you with the ideal setup for your specific needs.  We coordinate courtroom setups with judges and their staff to ensure an expert and delay-free presentation.  

PACKAGE RENTALS & TRIAL PRESENTATION SERVICES DISCOUNTS

Choose from the following packaged rentals to save money:

• Basic Courtroom Package (50" Television and ELMO Document Camera)
• Premier Courtroom Package (50" Television, ELMO Document Camera, 4 Monitors, and an A/V Switch)

Also available: a rental discount when you rent equipment in conjunction with hiring one of our Trial Presentation Services Specialists to assist with the displaying of exhibits, demonstratives, and videotaped depositions at trial.

Call Thomas & Thomas Court Reporters when you need top-of-the-line A/V equipment for your next matter:

• Courtrooms
• War Rooms
• Arbitrations
• Depositions
• Focus Groups
• Mock Trials

Thomas & Thomas Court Reporters is leading the way in court reporting and litigation support technology, and we welcome the opportunity to assist you with any needs you may have. If you would like to learn more about videoconferencing, mobile videoconferencing, trial presentation services, and/or focus groups, please do not hesitate to contact us.  We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

With Best Professional Regards,

Geoffrey S. Thomas, J.D.

"We Are Technology"

According to Experian Marketing Services, in 2013, cell phone owners between the ages of 18 and 24 exchanged an average of 128 text messages per day and 3,853 per month.  Although this is only a small segment of the population, these statistics are evidence that society is changing the way it communicates with each other.   For law firms, this trend is significant and should be considered when thinking about potentially relevant evidence.

MEMORIALIZING TEXT MESSAGES FOR DISCOVERY

Whether an attorney practices family law or criminal defense, they are most likely seeing a spike in the number of cases using evidence from text messages.  As a result, attorneys are having to work with clients and witnesses to memorialize these text messages for discovery.  For some, this can prove challenging.  From navigating various technologies and devices to keeping the law firm out of the retrieval process, there are instances where relying on a third party for memorializing text messages might make sense.  At Thomas & Thomas, we can gather text messages from various cell phone manufacturers (Apple, Android, etc.) and export them into a viewer-friendly format for easy review and dissemination.  We also create an affidavit attesting to the method and completeness of the materialization process.

OBTAINING METADATA FROM DIGITAL PHOTOS

Digital cameras embed technical metadata called Exchangeable Image File Format ("EXIF") data into the image files they create.  Some of those common data fields can include the make and model of the camera, the date and time the image was captured, and the geographical location where the image was taken.  Obviously, this information might prove useful in a case and should be considered by law firms when determining what evidence has value. 

Not sure what EXIF data your photos have?  Thomas & Thomas will run an analysis on your photos and provide you with a breakdown of said information.  As with text messages, Thomas & Thomas will include an affidavit attesting to its method and completeness.

On May 6, Thomas & Thomas Court Reporters provided court reporters for and transcribed the 2017 Berkshire Hathaway Annual Shareholders Meeting, which was held at the CenturyLink Center in Omaha, Nebraska.  This was the seventh straight year Thomas & Thomas Court Reporters transcribed the Annual Meeting live throughout the day, and was the second straight year we provided a realtime feed for Mr. Buffett and Vice Chairman Charlie Munger during the question-and-answer portion of the meeting.  The realtime feed provided Mr. Buffett and Mr. Munger with a direct written record of investor and analyst participant questions so they could better respond as the questions were posed.  Known as the "Woodstock of Capitalists," the event drew an estimated 40,000 attendees.

On September 21, 2016, a jury found in favor of Finjan, Inc. and awarded them $15 million for Sophos’ infringement of their five asserted patents. This verdict followed a two-week trial before the Honorable William H. Orrick, III of the U.S. District Court for the Northern District of California. Specifically, the jury found that all asserted claims of Finjan’s U.S. Patents were literally infringed and valid.

Finjan was well-represented by Paul Andre, Lisa Kobialka, James Hannah, Hannah Lee, Kris Kastens, and many other talented lawyers from the law offices of Kramer Levin Naftalis & Frankel in Menlo Park, California.

Geoffrey S. Thomas, Thomas & Thomas Court Reporters’ Trial Presentation Specialist, worked closely with Kramer Levin's legal team to provide a seamless display of exhibits, demonstratives, and videotaped depositions. With each side limited in the amount of time they had to present their case, a quick, efficient presentation of the case was paramount. Precise clip creation and fluid direct and cross examinations helped Kramer Levin present its case with time to spare. Congratulations to Kramer Levin and Finjan on a job well done!