SEATTLE, WASHINGTON– Klinedinst extends a warm welcome to Senior Counsel Scott Johnson, who has joined the growing Employment team.
With over 25 years of advocating for clients in many forms of litigation under his belt, Mr. Johnson offers clients a wealth of knowledge and top-notch representation. Mr. Johnson’s practice focuses on class action, employment counseling and advice, and employment litigation. Mr. Johnson also has broad experience in areas including complex commercial litigation, consumer fraud, antitrust, employment discrimination, wrongful termination, and wage and hour violations.
“We are very excited to have Scott join our Seattle team as Senior Counsel,” said Gregor A. Hensrude, Managing Shareholder of the Seattle office. “He is highly skilled attorney, whose substantial experience—particularly in employment and labor law—will add depth to our existing team and allow us to continue to improve the talent we offer to businesses on the West Coast.”
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
Natalie P. Vance
SAN DIEGO, CALIFORNIA – Klinedinst is honored to announce that Co-Managing Shareholder of Sacramento Natalie P. Vance is the incoming Chair of California Board of Legal Specialization.
The California Board of Legal Specialization administers the State Bar of California Program for Certified Legal Specialists, and was created by the California Supreme Court to promote attorney competence and provide consumers with an independent means to verify an attorney’s qualifications.
For the past 22 years, Ms. Vance has been a tremendous asset to Klinedinst clients through her representation of professionals and business entities in matters relating to malpractice, employment, and business disputes. Additionally, Ms. Vance is certified as a legal specialist by the State Bar’s California Board in Legal Malpractice Law.
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
The following analysis is provided by Klinedinst Senior Counsel Phillip E. Stephan, Sasha J. Glenn, and Melissa Corona.
The adage that trial is theatre cannot be overused. While Depp v. Heard captivated several commentators, the outcome boiled down to how each side chose to present the people and evidence that would support their case.
Winning a libel case for a public figure is a difficult task, as the plaintiff (i.,e., the person suing) must not only prove untrue statements were published, but also that the person making the libelous statements had actual malice in doing so. Mr. Depp’s legal team presented several visual and auditory pieces of unique evidence, staged in a way to maximize the impact of Mr. Depp’s testimony and of the witnesses offered in support of his case.
Ms. Heard’s defense relied on her ability to convince the jury that she told the truth about Mr. Depp, although Mr. Depp needed to prove more than Ms. Heard simply not telling the truth. Credibility was the central challenge at stake. Therefore, each side had to make tactical decisions about how to prove credibility – would you choose to primarily argue on your tendency of truthfulness, or your opponent’s lack of credibility?
Strategic Deployment of Evidence
Mr. Depp’s presentation of evidence prominently featured visuals to engage the jury, including several that would be difficult to forget. Mr. Depp’s team slowly chipped away at Ms. Heard’s credibility as the case developed. Initial evidence concerned physical altercations between Ms. Heard and Mr. Depp, ranging from scratches to Mr. Depp‘s face to a mini-trial concerning Mr. Depp’s finger injury. The contentions regarding the finger injury even involved experts, which effectively turned the issue of Mr. Depp’s finger into a microcosm of credibility. Ms. Heard claimed Mr. Depp may have injured his finger by smashing a vintage wall phone to pieces. Her credibility on the incident was dismantled as she presented photos of the scene and none included any indication of the phone. Compounding against Ms. Heard’s credibility, Mr. Depp’s rebuttal witness who testified about visiting the scene on the day of the incident stated he saw no such phone or even remnants of it, driving another hole in Ms. Heard’s account of the incident. Mr. Depp presented testimony concerning Ms. Heard putting human fecal matter in his bed – this is unique evidence that is not likely to be found elsewhere, going directly to Ms. Heard’s credibility. Mr. Depp also used expert testimony to show that any visuals Ms. Heard would try to use were not worthy of trust and strategically deployed audio evidence to support his account of Ms. Heard’s true character.
Mr. Depp prominently featured an audio clip, in which Ms. Heard stated: “Tell the world, Johnny. Tell them, ‘I Johnny Depp … am a victim of domestic violence,’ … and see how many people believe or side with you.” This evidence could have been used at any time – in the chronological quantum of when it was recorded, in cross-examination of Ms. Heard, or as the first piece of evidence during Mr. Depp’s testimony. Mr. Depp’s team chose to use this evidence as the ending to Mr. Depp’s story, which gave the evidence greater impact by showing the jury that Ms. Heard seems to imply that no one could ever believe Mr. Depp could be domestically abused. Before Ms. Heard had the chance to say one word, the jury was primed to believe that Ms. Heard had affirmatively stated that facts and evidence did not matter, since no one would ever believe Mr. Depp as a matter of principle.
A trial attorney will always tell you that successful trials must have hooks that will stay with the jury (anyone remember “If it doesn’t fit, you must acquit”?). Mr. Depp’s team’s use of the audio clip effectively had the same impact.
Rebuttal Witnesses
For every argument Ms. Heard offered, Mr. Depp offered a witness to directly and specifically rebut the testimony, utilizing several witnesses in smaller segments of testimony rather than one witness for a long period of time. Ms. Heard’s testimony told the story that she was an up and coming figure in Hollywood, and presented evidence attempting to bolster her profile and what her future would have held but for Mr. Depp’s conduct. After Ms. Heard’s testimony concluded, Mr. Depp presented several witnesses. Mr. Depp’s witnesses in rebuttal were structured to address the fundamental issues of who was more believable concerning domestic violence, while concisely countering contentions that Mr. Depp negatively affected Ms. Heard’s career and effectively drawing attention away from those arguments.
First, in response to Ms. Heard’s sister’s claim that, after Mr. Depp’s finger was severed, Mr. Depp punched Ms. Heard repeatedly, Mr. Depp called Dr. David Kulber, a treating physician that worked on Mr. Depp’s hand and placed a cast. “He could have hit someone, but then it probably would have injured [or] damaged the cast,” Kulber averred. When asked if he observed damages to the cast, he said, “I don’t recall. Nothing that comes to mind.” Dr. Kulber testified that Mr. Depp could not have formed a fist with the cast on. Several of Mr. Depp’s rebuttal witnesses presented testimony compounding against Ms. Heard’s credibility regarding domestic violence, stating they never saw any marks or bruises on Ms. Heard. These witness included a range of individuals from friends to law enforcement.
Mr. Depp also produced two witnesses to rebut Ms. Heard’s presentation of her stature in Hollywood. Ms. Heard claimed that Mr. Depp’s statements led to diminishment of her role in “Aquaman 2,” and even a potential recast where she would be removed from her role. However, the President of the studio responsible for “Aquaman 2” refuted that argument, noting that Ms. Heard was neither reduced nor recast, and any recasting consideration was because the studio felt Ms. Heard lacked chemistry with the main star of the film. Mr. Depp also attacked the projection of Ms. Heard’s career earnings by an entertainment consultant – instead of only attacking the numbers underlying the projection, Mr. Depp’s rebuttal witnesses focused on the actors Ms. Heard said constituted her peer group.
Mr. Depp also presented a forensic psychiatrist, who told the jury that Ms. Heard’s psychiatrist had violated ethical principles governing when psychiatric professionals may voice opinions, harping on the fact that Ms. Heard’s psychiatric witness did not personally examine Mr. Depp and had no authority to comment on Mr. Depp’s mental health.
Mr. Depp’s structuring of witnesses and evidence into small, concise segments kept the jury engaged and the issues clear. This allowed the jury to observe for themselves the compounding effect of the testimony presented against Ms. Heard’s credibility. Further, by avoiding longer segments of testimony, the jury had less time to evaluate a witness’s credibility and was more likely to take their testimony at face value.
It is no secret that legal proceedings can be tedious; the days are long and full of legalese. By breaking the trial into acts—much like a theatrical play— Mr. Depp’s team even kept the people at home engaged, helping Mr. Depp’s reputation along the way. The small segments and use of witnesses helped Mr. Depp’s team attack Ms. Heard’s claims and highlight Mr. Depp’s known qualities that made him rise to fame, all in one fell swoop.
The theatrical unfolding of this case underscores that knowledge of witnesses and your best evidence serves as the foundation of your trial, which you should be litigating towards from the beginning of your case. It is important to identify especially unique and or damaging evidence early, disclose it to opposing counsel to avoid any claims of undue prejudice or admissibility issues, and then consider when to deploy the evidence to maximize impact with the jury at time of trial. Disclosure of such evidence does not diminish the impact of your evidence, as the goal of discovery is to eliminate surprise at time of trial; in fact, your disclosure may help settle matters, should that be your goal.
About the Authors
Phillip E. Stephan
Phillip E. Stephan is a member of Klinedinst’s Professional Liability, Employment, and Business and Commercial Litigation practice groups. Prior to joining Klinedinst, Mr. Stephan focused on professional liability, complex business litigation, class actions, antitrust, and unfair competition. Mr. Stephan has also represented startup and established companies, providing counsel regarding corporate governance, capital acquisition, contract drafting, strategic management, litigation, risk management, and intellectual property. Mr. Stephan can be reached at PStephan@KlinedinstLaw.com.
Sasha J. Glenn and Melissa Corona also contributed to this article.
Please Note
This article does not intend to offer any comment on Ms. Heard or Mr. Depp personally, but only to discuss the tactics used during trial. This information does not constitute legal advice. The use of information from this article does not create any type of attorney-client relationship.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Irvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
Super Lawyers® has honored Natalie P. Vance, Ian A. Rambarran, Michael W. Carruth, and Jonathan C. Cahill in their 2022 Northern California issue. The annual publication also features up-and-coming Rising Stars practicing in Northern California.
Published by Thomson Reuters, Super Lawyers is an annual publication that recognizes outstanding attorneys in large regions across the country. Before each publication, lawyers within the region are asked to nominate fellow attorneys who demonstrate excellence in the legal profession. Once nominated, these lawyers are then vetted by a review committee and editorial team before being recognized. According to Super Lawyers, fewer than 5% of attorneys in California are ever featured in the publication.
Natalie P. Vance
Ms. Vance is the Co-Managing Shareholder of Sacramento, and serves as Chief Diversity Officer of Klinedinst PC. She has been recognized in Super Lawyers for over a decade in Professional Liability: Defense. In addition to her work in defending professionals, she also represents clients in employment and business disputes. She is well-respected in the community, and is a Certified Specialist in Legal Malpractice by the State Bar of California Board of Legal Specialization. With the launch of the 2022 edition of Northern California Super Lawyers, Ms. Vance has been featured in the publication for fourteen straight years.
Ian A. Rambarran
Mr. Rambarran has been recognized in Super Lawyers for the past two consecutive years in Banking. Mr. Rambarran originally was featured in Super Lawyers as one of their Rising Stars from 2009-2015. A shareholder in the Sacramento office, he counsels clients on business, financial services, employment, intellectual property, real estate, transportation, and construction issues.
Michael W. Carruth
Mr. Carruth is Shareholder in the Sacramento office, and was originally recognized in Super Lawyers as a Rising Star in 2016. For the very first time, he has officially been recognized in 2022 edition of Northern California Super Lawyers for his work in Civil Litigation. His practice includes an emphasis on complex business and commercial disputes, mainly representing clients in the financial services and lending industry. His practice also emphasizes the defense of traumatic brain injury and other significant injury actions.
Jonathan C. Cahill
Mr. Cahill is Counsel in our Sacramento office, and has been named a Rising Star in Super Lawyers. This marks the first year Mr. Cahill has been featured. The Rising Star recognition is given to on-the-rise attorneys that have either been practicing for fewer than ten years, or are under 40 years old. Fewer than 2.5% of eligible licensed attorneys are ever named “Rising Stars” by Super Lawyers.
Klinedinst congratulates Ms. Vance, Mr. Rambarran, Mr. Carruth, and Mr. Cahill on their recognition in Super Lawyers. For more information on Super Lawyers, please visit:
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
SAN DIEGO, CALIFORNIA – The U.S. Supreme Court’s decision striking down Roe v. Wade has reverberated across the country, with many LGBTQ+ advocates concerned that hard-fought civil rights could be the next target.
On July 13, 2022, Klinedinst hosted an exclusive webinar with Kevin Jennings, CEO of Lambda Legalabout the past, present, and future of the fight for LGBTQ+ rights in the courts.
Kevin Jennings, CEO
Lambda Legal is the oldest and largest national legal organization whose mission is to achieve full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV. Lambda attorneys have been behind many of the court cases that have secured the rights of LGBTQ+ individuals, including the landmark Obergefell decision that recognized marriage equality.
Mr. Jennings, who was Assistant Secretary of Education under President Obama before joining Lambda Legal in 2019, will explore the history of the LGBTQ+ movement, from founding through present day, as well as what the future holds. Thank you to Mr. Jennings and Lambda Legal for their presentation. To learn more about Lambda Legal, please visit: klinedinstlaw.com/lambda-legal
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
In honor of Juneteenth, Klinedinst PC is hosting a special webinar that will explore how companies and their Diversity, Equity, Inclusion and Belonging (DEIB) initiatives are reshaping corporate culture.
Taking place June 13, 2022 at 12:00pm Pacific, this virtual roundtable will feature a respected group of panelists discussing DEIB’s impact in corporate America, the law, the workforce, and our modern society. Our panelists include:
Geneviéve Jones-Wright, Community Advocates for Just and Moral Governance (MoGo) and Past President of Earl B. Gilliam Bar Association
Joshua Frank, Amazon
Rosalyn Hardy, QCP Systems
Kamela Forbes, Pride Global
Hosted by Klinedinst PC, this virtual roundtable is eligible for 1.0 hour of Elimination of Bias California MCLE. In addition, attendees are eligible for 1.0 SHRM Professional Development Credit (PDC). There is no cost to join, and advance registration is required.
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
SAN DIEGO, CALIFORNIA – The entire Klinedinst PC family mourns the sudden loss of Donald R. McKillop and his wife Patty on May 21, 2022.
Donald R. McKillop
Don was one of the very first shareholders in the firm. In its early years, the firm went through several iterations of names, and many in the San Diego legal community recall the firm as Klinedinst, Fliehman & McKillop (or “KFM”). Don was an important part of the early leadership team, whose practice focused on construction law. Don was very involved in the Associated General Contractors of America, San Diego Chapter (AGCSD), and the organization recognized him twice with its prestigious AGC President’s Award in 2007 and 2019.
After leaving the firm to start his own construction law practice, Don remained close with colleagues and friends he had made at the firm. His son, Donnie, even worked as a summer marketing intern before relocating east to begin his career coaching college athletics.
“For many years, Don was truly the heart of the firm,” said John Klinedinst, Founder and Chair Emeritus. “He was such a great supporter of our staff and a brilliant lawyer, and he was responsible for kickstarting many of our great practices in the firm. Don was and will always be an important part of the legacy of our firm.”
Klinedinst joins Don and Patty’s many other friends and families in remembering these two wonderful individuals, gone too soon.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
LOS ANGELES, CALIFORNIA – Klinedinst is pleased to welcome Haera Fronjian to its Los Angeles team.
As part of her practice, Ms. Fronjian routinely handles California cases involving personal injury, general liability litigation, and employment matters. Ms. Fronjian is frequently called upon to assist clients with employment and termination, personal injury, wrongful death, and health law matters. Throughout her practice, she has represented both plaintiffs and defendants, giving her a unique perspective and valuable insight on every matter she defends.
“We are very excited to have Haera as part of our team,” said Robert J. Hatem, Managing Shareholder of the Klinedinst Los Angeles office. “Haera’s experience in a range of liability matters within our practice groups will provide tremendous experience and value for both our professional and corporate clients.”
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
LOS ANGELES, CALIFORNIA – Klinedinst is pleased to extend a warm welcome to Neeru Jindal who has joined the firm’s Los Angeles office as Senior Counsel.
Neeru Jindal
A graduate of USC Gould School of Law, Ms. Jindal has built a highly-sophisticated litigation practice, including consumer-facing disputes, finance, business disputes, arbitration and alternative dispute resolution, and class action litigation.
Prior to joining Klinedinst, Ms. Jindal has handled matters involving consumer protection statutes and privacy-related laws and regulations at the state and federal level. She has defended clients in a variety of cases, including matters alleging violations of the Truth in Lending Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Fair Debt Collection Practices Act, and Telephone Consumer Protection Act, as well as state unfair and deceptive acts or practices statutes and other consumer lending statutes and regulations..
“The addition of Neeru is a tremendous complement to our expanding financial services practice,” said Robert Hatem, Managing Shareholder of the Klinedinst Los Angeles office. “Having developed deep expertise through her work with a global law firm and multinational bank, she will use her knowledge and experience to advise our clients in litigated, and non-litigated matters. We are excited to welcome Neeru to the Klinedinst team.”
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
Klinedinst is saddened by the unexpected passing of one of our beloved team members, Erica Wright. Erica was a shining light who worked in our Sacramento team, who always had a ready smile and faced the world with enthusiasm and grace.
All of her colleagues are grieving her loss. We join others in remembering Erica, and are thinking of her family and friends at this incredibly difficult time.
About Klinedinst
Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Irvine, Los Angeles, Sacramento, San Diego, and Seattle service clients across the West, handling matters in California, Washington, Oregon, Nevada, and Arizona. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.
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