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Credibility Litigation Strategies

IMS Legal Strategies

Defending Goliath in Commercial Disputes

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Corporate defendants often begin a trial cast as “Goliath,” facing jurors who may already be skeptical of large companies and their motives. The challenge is not simply to rebut plaintiff claims but to establish credibility,...more

McGinnis Lochridge

A Trial Lawyer in the Jury Box: Observations on Persuasion and People

McGinnis Lochridge on

They say lawyers never get picked for juries. I believed that—right up until I served 10 days as a juror in a civil trial involving aggravated sexual assault allegations and defamation counterclaims....more

J.S. Held

Expertise in the Age of Algorithms: Trust and Transparency in AI-Assisted Litigation

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Synthetic technologies are reshaping the legal landscape, presenting expert witness reporting with a pivotal challenge: integrating the innovation that artificial intelligence provides without compromising ethical standards...more

IMS Legal Strategies

[Webinar] Elevate | The Credibility Trap: What Undermines Juror Trust - February 5th, 9:00 am PST

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When the stakes are high, credibility is everything. Trial teams must balance tenacity with restraint, ensure testimony is delivered authentically, and speak to jurors in a way that builds trust rather than erodes it....more

Holland & Knight LLP

Podcast - Keeping Your Vessel Stable During Cross-Examination

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In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed,...more

Offit Kurman

Preparing for the Tough Questions: Cross-Examination in Divorce Litigation

Offit Kurman on

Divorce proceedings can be emotionally charged, and one of the most stressful moments for anyone involved in divorce proceedings is cross-examination....more

IMS Legal Strategies

The Impact of Vocational Experts in Injury-Related Litigation

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When a serious injury disrupts someone’s ability to work and earn money, the ripple effects are immediate and far-reaching. Questions about employability, lost wages, and future earning capacity can quickly become central to...more

IMS Legal Strategies

Effective Strategies for Daubert and Robinson Challenges

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In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more

Holland & Hart - Your Trial Message

Witnesses, Remember Confidence is a Behavior

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Strafford

[Webinar] Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention -...

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This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more

Holland & Hart - Your Trial Message

Defense Opening: Repair Credibility First

In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme...more

Mandelbaum Barrett PC

Credibility Is Key to Every Successful Trial

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Prior to the civil fraud trial brought by New York Attorney General Letitia James, Donald Trump’s credibility had already taken a big hit in the two lawsuits brought by E. Jean Carroll (“Carroll”), claiming sexual assault....more

Holland & Knight LLP

Exuding Credibility in the Courtroom

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with Frank Vecella, principal at McKool Smith and former head of litigation for Ericsson, for an in-depth discussion...more

Conn Kavanaugh

Can a “Benevolent Gesture” become an Admission of Liability?

Conn Kavanaugh on

One of the golden rules that we are taught as children is to apologize when we have hurt or wronged someone. And while the words “I’m sorry” do not mitigate the actual harm done, we understand that they can go a long way in...more

Holland & Hart - Your Trial Message

Masks in Court: Understand the Real Lesson

As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind: The research on pandemic adaptations is not just about the pandemic...more

Holland & Hart - Your Trial Message

Apply Two Tests to Any Battle Between Stories

It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The defamation case initially brought by Depp has...more

Holland & Hart - Your Trial Message

Opening: Build Your House First, Then Take Aim at Their House

I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #5 for Surviving An Instituted IPR: The Right Expert Can Save Your Patent

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony...more

Holland & Hart - Your Trial Message

Witnesses, Add to Your ‘Truthiness’ by Showing Pictures

The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen...more

Holland & Hart - Your Trial Message

Witnesses: Answer Both the Language of the Question and Its Implication

When preparing a witness, there can sometimes be a strong impulse to say, “Just answer the question.” That impulse comes from an appropriate desire to keep things simple, and to keep the witness from wandering or waffling....more

Holland & Hart - Your Trial Message

Experts: Use Counterfactuals

As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus,...more

Holland & Hart - Your Trial Message

Face It: Masks Don’t Hinder Credibility Assessment

As a sign of just how serious the coronavirus pandemic is getting, the President has finally appeared in public with a mask. The precaution of wearing a face mask is still highly politicized, but it is slowly catching on. In...more

Carlton Fields

Northern District of New York Refuses to Change Credibility Determination Regarding Bench-Trial Testimony by Attorney Involved in...

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The U.S. District Court for the Northern District of New York recently denied an insurer’s attempt to compel the court to change a credibility decision it rendered following a bench trial in reinsurance litigation between...more

Holland & Hart - Your Trial Message

Don’t Hedge

The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more

Holland & Hart - Your Trial Message

Examining Attorneys, Keep Your Cool

So you’re conducting the cross-examination, and the witness is fighting like a three hundred pound marlin at the end of your fishing line. And they’re not fighting by legitimately drawing distinctions or by using their own...more

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