Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
Podcast - Direct Examination: Getting Rid of Clutter
Podcast - The Differences Between Persuasion and Argument
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
What Litigants Need to Know about Summary Judgment
What to Do When an Employee Receives a Subpoena
Proof in Trial | A Hogan Lovells podcast series
Podcast: What Witness Preparation Means
Podcast: Raise Your Right Hand, Miss Lillian
IP|Trend: Inter Partes Review: Is it Litigation or Something Else?
Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more
Parties generally have no right to appeal a trial court's decision on pretrial motions until the court issues a final judgment — yet Congress granted that right for decisions that deny a motion to compel arbitration under the...more
In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil...more
When I am engaged to defend a case, whether it’s a customer arbitration or a regulatory complaint, my clients typically get to the point, sooner or later, where they ask me two questions: (1) what do I think about their...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
On March 9, 2021, Bressler, Amery & Ross, P.C. hosted its inaugural Hearings in Review webinar on The New Age of Virtual Trials. The panel featured Richard Berry, Executive Vice-President and Director, FINRA Dispute...more
The Bank of New York Mellon v. Barber, Case No. 1D18-2097 (Fla. 1st DCA 2020). A trial judge may not raise defenses not raised by the defendant; doing so makes the judge an advocate for one of the parties. Elizon DB...more
During my thirty plus years of practice, I have come across many articles and lectures opining on what it takes to plan successfully for trial or arbitration. Many experts analogize trial or arbitration preparation to the...more
During my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice, I prepared a great number of witnesses to testify. Even with the...more
Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more
A COMPLETE TRIAL RECORD is essential to presenting an effective appeal because appellate courts have no independent means of obtaining knowledge of the cases brought before them for review. The California court of appeal...more
While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more
Introduction - Following considerable public comment, the Texas Supreme Court revised and issued final approval of new rules providing for expedited trials and dismissal of baseless claims. Despite pleas from various...more