Litigation Strategies

News & Analysis as of

Presenting and Recording Evidence During a Deposition

Lawyers and their support staff are usually familiar with basic trial technology. However, they don’t always consider the possibilities offered by using these technologies earlier — in the deposition setting. With some...more

Privilege Issues in the Media Firestorm

The situation has become all too familiar: an incident of prurient interest — whether actual or falsely alleged — goes viral on social media before university officials can even ascertain the names of the parties involved. ...more

10 Essentials for a Well-Drafted Litigation Hold Notice

This post is the second in a our Legal Hold Practical Advice Series. You just learned that your company was (or probably will be) sued. How should you go about informing key employees to preserve evidence?...more

Should You Save Something for Your Closing?

Although it may be tempting to cover everything during cross-examination, there are situations in which it’s better to save something for your closing argument. In fact, it’s a time-honored rule among some litigators to...more

International Deposition Guide and National Flags

Planet Depos recently compiled an International Deposition Guide. In addition to providing detailed information and best practices related to international depositions, regional sections list country-specific information, as...more

Timing Your Requests for Admission

One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Here are your parameters...more

Out-Of-Town Depos: Let Us Take the Weight Off Your Shoulders

Scheduling depositions out of your town can be time consuming and expensive and often ends with disappointment and frustration. Choosing an international court reporting company with local court reporters and affiliates...more

Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc., 791 F.3d 754 (7th Cir. 2015), cert. denied, 84 USLW 3130 (U.S. 2016),...more

The Power of Visuals

As humans, we are innately prone to believe in what we see. Words can sway our opinions, but tangibility provides a certainty and faith that words at times cannot meet. As I was reading through a recent blog by Angie Ballman...more

Statistical Sampling Debate: A Growing Web Of FCA Cases

The government and qui tam plaintiffs are increasingly employing statistical sampling in False Claims Act cases, particularly in cases where addressing and analyzing large numbers of allegedly false claims poses substantial...more

3 Ways to Improve Trial Pacing

One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Here...more

Transportation Newsletter - January 2016

Illinois Appellate Court: A Contingent Automobile Liability Policy Is Not an Excess Policy - The Appellate Court of Illinois, First Judicial District, was recently confronted with the interpretation of a Contingent...more

Keeping it real: litigation insights from ‘Making a Murderer’

It’s mid-January, and I’m sitting in my office writing this post while snow falls outside. (Yes, we get snow in South Carolina and, yes, it terrifies us.) The snow, however, reminds me of the frozen northern Wisconsin...more

[Webinar] Preparing for Mediation: As Important as Preparing for Trial - Jan. 28, 4:00-5:00pm EST

Everyone knows how important it is to prepare for trial; however most “big cases” don’t go to trial, they go to mediation, and choosing the right mediator is just as important as choosing the right trial attorney. This...more

What You Need to Know About U.S. Law: Discovery in Aid of Foreign Proceedings.

The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our...more

Pre-Trial Problems: Don’t Forfeit Your Personal-Jurisdiction Defense

The Seventh Circuit’s decision in German American Financial Advisors & Trust Co. v. Rigsby, No. 15-1612, --- F. App’x ----, 2015 WL 5579751 (7th Cir. Sept. 23, 2015), highlights the preservation pitfall of forfeiting a...more

Courts Analyze Work Product Doctrine Variations: Part II

Last week's Privilege Point used two cases to address federal courts' surprising variations in the work product doctrine's "litigation" and "anticipation" elements. Courts also disagree about the doctrine's "motivation"...more

Out of the Frying Pan: The Complexity of Enforcing a U.S. Judgment in India - U.S.-India Newsletter - Vol. 2016, Issue 1

Because the United States is a non-reciprocating territory, U.S. judgments do not qualify for expedited treatment under Indian civil procedural laws. As a result, the decree-holder must file a new suit to enforce the judgment...more

Don’t Let The Two Issue Rule Send Your Appeal Down the Drain

There are several preservation pitfalls to be mindful of when drafting the verdict form. One such issue is whether and how to avoid the "two-issue rule." As commonly found in most jurisdictions, the two-issue rule states that...more

Know When to Cross-examine and Know When to Pass

There’s a time-honored “rule” that, if a witness hasn’t hurt your client’s case, don’t cross-examine the witness, just stay seated. But whether this injunction makes sense depends on the strength of your case and the...more

Courts Analyze Work Product Doctrine Variations: Part I

Although the Federal Rules of Civil Procedure describe the work product doctrine in a single sentence, federal courts interpret that sentence in wildly varied ways. Four federal court decisions issued in just a nine-day...more

The Reply Brief: Turning "Getting the Last Word" into "Getting the Win"

When you are the appellant, you always have the burden of persuasion in seeking a reversal. Even on a de novo review, you are starting at least a step behind, psychologically. A reply brief may be the last word and the...more

PowerPoint tips for your Opening or Closing Statements

In my last blog post, I discussed using Google Maps images in vehicle-related cases. This post will discuss a few tips when creating PowerPoint presentations for your opening or closing statements. I’ll start off by...more

“You are unwise to lower your defenses!”

We do not have a case to blog about this week. Things in the DDL world are slow. Well, that is not exactly right. In fact, maybe it is exactly wrong. There is plenty going on, but virtually all the bloggable (that is,...more

Amendments to the Federal Rules of Civil Procedure Effective December 1, 2015

If you read only this… - New amendments to the Federal Rules of Civil Procedure became effective December 1, 2015, governing all subsequent civil cases and all proceedings currently pending, to the extent such...more

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