The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)
Podcast - The Basic Rules for Closing Argument
Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on essential principles for trial lawyers, emphasizing the importance of clarity and organization in presenting...more
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
The Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association hosted a very special guest speaker at its final meeting of 2024: The Honorable Timothy S. Driscoll from the...more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more
If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more
As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more
Editor’s Note: On September 16, 2020, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on the complexities of eDiscovery support in pharmaceutical industry matters...more
I write this blog principally for litigators, but sometimes it is worth remembering that transactional attorneys are also advocates who, depending on the circumstances, may also have persuasive goals. The point of seeking to...more
The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the...more
As data continues to span across the four corners of the globe, lawmakers worldwide strive to keep up the pace with regulations. The European Union has the General Data Protection Regulation (GDPR), which provides...more
Next time you’re in a public place, look around at all the people and what they’re doing. Looking at their phones? Yes! Nearly all of them. Now, some might be working. Some could be keeping up on the news or reading great...more
When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a...more
Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a...more
We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more
So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more
How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more
Jurors and judges sometimes need to understand testimony regarding probability. For a criminal jury, maybe that probability relates to the chances of a false-positive on DNA identification. In a products case, maybe it...more