ALJ Doubles Down On Compelling Depositions In The U.S.

ALJ McNamara recently confirmed and tightened her previous order compelling depositions of certain Japanese witnesses in the United States.  Certain Digital Cable And Satellite Products, Inv. No. 337-TA-1049, Order No. 14.

Previously, ALJ McNamara granted Respondent ARRIS's Motion to compel depositions of Complainant Sony's corporate witnesses in the United States.  Id., Order No. 10.  The ALJ acknowledged that "the rule of thumb is to take depositions in a location most convenient to the witnesses, which typically would have been Japan in this case."  Id. at 4.  However, depositions in Japan present several problems.  First, "Japanese law prohibits the taking of testimony via telephone."  Id. at 2.  This would have complicated or prevented Staff's participation.  Second, depositions need to be taken at the U.S. embassy or consulate in Japan, which have strict limitations on the process of scheduling and conducting depositions.  See id. at 2-3.  The ALJ concluded