Televisa, S.A. De C v. v. Univision Communications, Inc.

Proceedings: (In Chambers) Order Granting Televisa’s Motion for the Admission of Expert Report and Deposition Testimony of Jeffrey Neuburger

Before this Court is Televisa’s motion for the admission of the expert report and deposition testimony of Jeffrey Neuburger. The Court finds the matter appropriate for decision without oral argument. Fed.R.Civ.P. 78; Local R. 7-15. After considering the moving and opposing papers, the Court GRANTS the motion.

I. Background

Jeffrey Neuburger was designated as the custom and usage expert for Televisa, S.A. de C.V. (“Televisa”) in the instant litigation. Pursuant to Fed.R.Civ.P. 26(a)(2), Neuburger submitted his Expert Report on November 12, 2007. At the time, Neuburger was a partner and chair of the Technology, Media and Communications practice at the law firm Thelen Reid Brown Raysman & Steiner LLP (“Thelen”). On December 2, 2007, Neuburger was deposed by counsel for Univision.

On April 24, 2008, the news became public that Neuburger was leaving Thelen and joining a new firm, Proskauer Rose LLP (“Proskauer”). At the time that Neuburger joined Proskauer, the firm already represented Univision Communications, Inc. (“Univision”) and continues…