1. Use of Digital Video Depositions In Court: Direct and Cross October 28, 2008

2. 2 Agenda Introduction Chris Broyles, M.A. - F T I - Managing Director, Trial Services Things to Consider When Taking a Recorded Deposition Pre Trial Digitization and Synchronization Designations and Review During Trial Opening and Closing Using Deposition Video Presentation of Virtual Testimony on Direct Impeachment Presentation (Effective use in Different Venues) Presentation Software Demonstration Conclusion and Questions (FAQ)

3. 3 FTI Consulting and FTI Trial Services 97 of the AMLAW 100 Firms 66 corporate clients in Fortune 100 9 of 10 largest US bank holding companies Broad range of government agencies 80-85% Percentage of revenue from recurring client relationships and referrals 1200+ clients & 3,200+ matters annually Including leading global corporations

4. Things to Consider What is the Venue for the Deposition? Off Camera Behavior When Deposing/Defending a Witness (Tapping, Pace, Tone, Pauses, etc.) -Camera Placement and Witness Eyeline Production Values (Lighting, Clothing, Background, etc.) Technology (Video, Audio, Media Used, etc.) DIY? Cost Effective Strategies? Backup! Redundancy! ONE CHANCE!

5. Things to Consider Digital vs. Analog Media “Lav” or “Lapel” Lavalier Microphones vs. Omni-directional Microphones (PZM, et al.) Camera Consumer Professional “Pro-sumer” Panasonic AG-455/456 Sony PD-160

6. After the Deposition Digitization from S-VHS, VCD, DVD Synchronization w/ASCII Designations and Review Designations (and Counter Designations) for Video Methods of Screening and Review (PC Video, Litigation Software, Web, iPod/SmartPhone)

7. Cost-Effective and Alternative Methods Designations (and Counter Designations) for Video Best Practices for Editing Pre-trial and in the War Room

8. 8 Opening and Closing Using Deposition Video Embedded Within a PowerPoint® Presentation Included in Non-linear Opening/Closing Presentations Debating the Use of Still Shots/Transcript v. Video Audience Allotted Time Substantive Value

9. During the Course of Hearings and/or Trials Presentation of Virtual Testimony on Direct or Cross Scrolling Transcript Synchronized Exhibits Options for Presentation Bench v. Jury Impeachment Clips v. Text Patent /Corporate v. Criminal Foreign Witnesses

10. Court Reporter Reading Back Deposition Transcript (The Office – “The Deposition,” 2007) “Mr. Scott do you realize you just contradicted yourself. I did? Yes, you did. Can I go to the bathroom? No. I really have to. I’ve been drinking lots of water. You went five minutes ago. That wasn’t to go to the bathroom that was to get out of a question. You still have to answer it. First can I go to the bathroom? No.” NBC Universal ®

11. Deposition Examples in Presentation Software

12. Questions & Discussion