Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Podcast - Direct Examination: Getting Rid of Clutter
The Basics of Opening Statements
Exuding Credibility in the Courtroom
Bar Exam Toolbox Podcast Episode 233: Listen and Learn -- Impeachment (Part 2)
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Live Trials During the COVID-19 Pandemic: What’s Changed?
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
The "Compass Rose" Method for Corporate Witness Interviews
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
Podcast - Rule 6: If You Don't Remember, Say So
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
The exigent circumstances that are often present at the outset of a corporate investigation may not lend themselves to calm contemplation, yet it is especially important that attorneys give thoughtful consideration to the...more
During a recent employment law webinar, Haynsworth Sinkler Boyd discussed considerations for employers when conducting workplace investigations. To help employers conduct more effective and efficient workplace investigations,...more
When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an...more
Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more
Former AUSA Jack Clabby, a litigator with Carlton Fields, describes his unique method for opening corporate internal interviews. The "Compass Rose" is designed to build rapport with the witness and elicit important background...more
NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more
Healthcare systems, hospital networks, and other healthcare providers regularly face challenges that may require an internal investigation to determine the root cause of an issue in order to evaluate how best to remediate and...more
Join this free educational event—brought to you by the NAVEX Global Ethics & Compliance Virtual Conference—for 2.5 hours of quality learning. Become an expert investigator in 1 day! In this Master Class, you will learn...more
As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more
In any investigation of a harassment complaint, the investigator must interview people and take notes. This fourth part of a six-part series addresses techniques for note-taking and tips for assessing the credibility of...more
You have received a complaint of harassment and interviewed the complainant. In this third part of a six-part series, we discuss interviewing the accused and other witnesses....more
What are the characteristics of a good interview in the context of an internal investigation? Is there one technique you can use which will provide you the results you want to achieve? How should you think through your...more
In-house teams at public and private companies are confronted almost daily with evidence or allegations of potential internal wrongdoing. These scenarios may vary widely in severity and magnitude—from notification of a...more
In 2014, the D.C. Circuit adopted a very favorable privilege standard — protecting communications if "one significant . . . purpose[]" was corporations' need for legal advice, even if that was not the communications' "primary...more
As experienced investigators know, an investigation into allegations of harassment, discrimination or other misconduct may lead to a so-called “he said/she said” scenario, possibly leaving the investigator in a quandary as to...more
The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more
“So you are the great lawyer I’ve been told about! But, you are so young! I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more
Everyone claims to know how to conduct an internal investigation. Given the government’s reliance on internal investigations, law firms have beefed up their internal investigation services. Inevitably, the quality of internal...more