Juror No. 6 and the Unexpected Misunderstanding
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Podcast - Presentation is Paramount
Targeting Safetyism in Defense Voir Dire | Episode 71
The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti
Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast
Effective Trial Language Part 3: Jargon
Podcast - Effective Trial Language Part 1: Noise
Key Lessons and Takeaways for Jury Trials
How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68
Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
Jury Selection Strategy in Product Liability Litigation – IMS Insights Podcast Episode 64
The Value of Visual Storytelling & Early Jury Research – IMS Insights Podcast Episode 57
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
Law Brief®: Trial by Jury - With Richard Lomuscio and Richard Schoenstein
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the unpredictable and often mysterious nature of jury selection and engagement, sharing the story of Juror #6 from the...more
The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 517, providing guidance for lawyers on the use of peremptory challenges during jury selection. The...more
Jury selection has always been a pivotal phase in any trial. But social media research has really changed the game....more
In 2024, Maryland adopted Md. Rule 16-310 to explore the use of expanded voir dire, including the possibility of attorney-conducted voir dire. The drafters envisioned a two-year study period, and the Rule was to sunset on...more
Being ready for litigation starts long before ever entering a courtroom. For any law firm or legal team, proactive preparation begins in the office, laying the groundwork for a successful outcome down the line....more
In the high-stakes world of litigation, some attorneys focus on winning the case in front of them. Others think bigger—shaping strategy, influencing public policy, and leading far beyond the courtroom....more
There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack against...more
In modern times at least, corporations have not been terribly popular. However, since the murder of UnitedHealthcare’s CEO about a half a year ago in New York City, observers and the corporations themselves have been paying...more
We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more
When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more
People are often advised to don a “poker face” when entering a court of law. The thinking is that suppressing overt reactions is a way of showing one’s objectivity....more
In the American legal system, counsel is prohibited from speaking with the jury outside of a trial itself and the specific, structured ways they’re meant to interact. Practicing attorneys, law students, and most people with a...more
Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However,...more
In high-stakes securities litigation, trial teams often find themselves at a crossroads—how do you present intricate financial concepts to a jury that may have little to no background with the industry and relevant laws? The...more
In March 2025, UN Women—a United Nations agency that studies and tracks issues of gender equality around the world—indicated that in 2024, “almost one quarter of countries reported … backlash on gender equality.” One proposed...more
While a case must be filed in the court system that has the authority to adjudicate it, the specific venue is often a more flexible choice. To that end, selecting the right venue can be a key part of case strategy....more
In an age of 15 second internet reels, fast paced communications, constant online conversations, and “texting culture,” brevity is more important than ever for trial attorneys. At Tyson & Mendes, one of our trial goals is to...more
You are handing a case involving millions of pages of documentation, emails, etc., including documentation with sensitive trade secrets and intellectual property. You are under the gun to submit a brief in opposition to a...more
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
In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge Shareholder Paul Motz to discuss the escalating trend of nuclear and thermonuclear verdicts—and how defense...more
Key Points: Effective April 1, 2025, the Supreme Court of Pennsylvania has amended Pa.R.C.P. 220.3, pertaining to voir dire of jurors....more
For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated. Many of...more
A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more
Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more