Follow the Rules … Most of the Time
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Bar Exam Toolbox Podcast Episode 312: Spotlight on Criminal Law (Part 2)
The JustPod: A Discussion with Defense Counsel Rocco Cipparone and Angie Levy on January 6 Prosecutions
Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
What if the CCF denies my request for the removal of my Red Notice?
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
There Is No Right Path
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Excessive Compensation: What to do when the co-owners of your business pay themselves excessively
Against All Odds- Part Three
Against All Odds- Part Two
Against All Odds- Part One
The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial
Podcast - Expert Witnesses, Special Issues
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
What’s the difference between a Red Corner Notice and a Red Notice?
In the high-profile legal drama surrounding Sean "Diddy" Combs, the public’s attention has been focused on headlines, allegations, high-profile legal teams and courtroom appearances. But behind the scenes, a critical aspect...more
America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth...more
It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and...more
I suspect there has never been any great love affair between attorneys in general and the jury pool. Jurors know that lawyers are there to influence them toward a desired result, and that’s typically met with suspicion....more
Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more
Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be...more
Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance...more
Recognizing and reducing bias is obviously essential in a litigation context. But when it comes to “de-biasing,” it helps to see instructions as one tool in the toolbox, but not a tool that’s guaranteed to fix everything. In...more
How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more
As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more
At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew to a simple meaning: If a potential juror admits to bias, that means they...more
Potential jurors arrive at the courtroom with misinformation that might bear on your case. They could have opinions on scientific validity and reliability that will conflict with what your experts will tell them. They might...more
As we enter Pride Month, it’s a good time to reflect on where we are. President Biden recently announced a renewed push for full legal equality for LGBTQ individuals, but that takes place against a background of continuing...more
During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of...more
As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There...more
In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...more
With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more
It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have...more
Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat...more
Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more
It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was...more
The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls....more
Ms. Gray, if you were selected for this jury, do you believe that your experiences or views would bias you in any way against my client? There is a predictable answer from Ms. Gray: No, I would not be biased, or I feel...more
Society changes: leaders come and go, the economy goes up and down, wars start and end, and now, medical emergencies arrive and (hopefully soon) depart. But through all of that, for the 12 years we’ve measured it, one thing...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more