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
Gen Z attorneys are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we worked alongside quite a few truly impressive young trial attorneys....more
You’ve read countless legal articles on how to tactically improve your approach to litigation- like defeating Nuclear Verdicts and the Reptile theory. These topics address objective criterion without much consideration of the...more
As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more
On February 11, 2021, the New York State Unified Court System issued Virtual Bench Trial Protocols and Procedures (“Protocols and Procedures”) in light of the ongoing Covid-19 pandemic....more
Under Federal Rule of Civil Procedure Rule 30(b)(6), a party may depose a public or private corporation, a partnership, an association, a governmental agency, or another entity. Of course, it is not actually possible to...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...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
In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The...more
A deposition is one of the most useful discovery tools for trial attorneys. It is the only opportunity, prior to trial itself, where an attorney can question a witness about nearly everything he or she knows regarding the...more
From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more
Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more
In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more
One of the first things to consider when coordinating an international deposition is determining if the witness is willing to be deposed. In the event a witness is unwilling to be deposed and must be compelled to do so, you...more
With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more
Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more