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The Ten Commandments of Writing an Effective Appellate Brief

It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more

Read the Case — The Whole Case!

I constantly preach the need to read the whole case once you find that wonderful sound bite by a computer search. But I recently came across some research indicating that jurors follow admonitions in the court’s instructions...more

From De Novo To Clear Error: Don't Risk Your Standard Of Review When Objecting To A Magistrate's Report

Most attorneys know that failing to contemporaneously object to an adverse ruling can subject the issue to a more stringent standard of review on appeal. For example, failing to object below to a ruling of law means that,...more

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