Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
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The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
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Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
Podcast - Impeaching with a Deposition
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
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Cross-Examination: Asking the Right Leading Questions
AGG Talks: Home Health & Hospice - Lessons Learned From ALJ Hospice Audit Appeals
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Podcast - Cross-Examination: The Importance of Organization
Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more
Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode, Jan speaks with...more
Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode of the Early...more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more
To invalidate or eviscerate? Before turning to the January 17, 2024 arguments, here’s a quick recap of Chevron’s two-step framework and when it applies: Courts may rely on the Chevron doctrine only when agency action carries...more
Imagine you're crafting an argument in an appellate court. The key statute has language that favors you, but a decades-old Supreme Court case goes the opposite way. Or, from the other side, the case is favorable but the...more
On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision...more
It appears that policy changes are being resolved in the courts, and most specifically at the Supreme Court. If we look at recent court decisions involving abortion, the Affordable Care Act, Environmental Protection Act and...more
On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more
In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more
Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United...more
It is no secret that the modern U.S. Supreme Court has regarded enforcement of federal anti-corruption laws with a deep concern for constitutional overreach. That same concern animates petitioner’s arguments in Percoco v....more
For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group,...more
The Supreme Court this week granted certiorari on an attorney-client privilege issue that is likely to impact in-house lawyers, litigators, and business attorneys across the country....more
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more
The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782. The Court granted...more
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
It is difficult to think of a case that has had more influence on patent practice than KSR v. Teleflex (550 U.S. 398 (2007)). In KSR, the U.S. Supreme Court rejected the established practice that an invention could not be...more
As we previously observed, the outbreak of the novel coronavirus (COVID-19) has created substantial disruption and uncertainty with respect to civil litigation management. Since we last reported on March 19, 2020, federal and...more
The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3. ...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral...more
Several securities litigation trends over recent years show no signs of abating in 2020. Federal securities class action filings seem likely to remain at elevated levels. Last year, for the third consecutive year, more than...more