Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more
It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more
We have all shared this experience. Jury selection is at 9:00 a.m. on Monday. It is now Sunday night and the national trial team—led by an attorney from out of town—is convening to discuss voir dire and jury selection. A jury...more
In 2001, I co-authored an article entitled “An Ancient Art Jazzed by High Tech” for The National Law Journal with fellow litigation consultant, Stan Sandstrom. When we wrote it, I had just a few high-profile cases under my...more
When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more
Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more
The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more
COVID-19 has ushered in a new era for litigation in the Commercial Division. Here are the key developments litigants should be aware of. Remote Appearances and No Paper Copies - In May 2020, e-filing in the Commercial...more
Even though jury trials are, with limited exceptions, on hold, many federal courthouses have managed to stay open throughout this winter surge of the virus. But as we know all too well here in Washington, DC, the pandemic is...more
Last week saw differing approaches to the pandemic in South Carolina. In the state court system, Chief Justice Don Beatty suspended all state civil and criminal jury trials, finding “that in light of the ongoing increase in...more
We have previously discussed the complex issues surrounding the resumption of jury trials during the COVID-19 pandemic. We cautioned that the various experimental efforts to resume jury trials taking place in courts around...more
The Illinois Supreme recently entered an Order allowing for immediate remote jury selection in an attempt to alleviate the COVID-19 pandemic’s enormous impact on the court system. See In re: Illinois Courts Response to...more
The jury trial is just one of the many aspects of American life that has been upended by the COVID-19 pandemic. On March 12, 2020, the US District Court for the District of Massachusetts entered an order postponing all jury...more
Across the country, restaurants are changing what it means to be a restaurant, movie theaters are changing what it means to be a movie theater, and conferences are changing what it means to be a conference. So maybe it’s...more
Even though many courthouses across the country are empty or hearing only a limited number of cases due to the coronavirus pandemic, cases are still being filed. While the pandemic has affected the processing of cases,...more
Due to public safety concerns caused by COVID-19, by Standing Order entered by Chief Judge Leonard P. Stark dated July 16, 2020, the United States District Court for the District of Delaware...more
On June 16, 2020, Florida Supreme Court Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum adopting changes to guidelines for state court pandemic operations....more
Just a few months ago, the idea of a virtual jury trial probably seemed inconceivable to most judges and lawyers. Now, with the COVID-19 pandemic shuttering courthouses throughout the nation and most in-person proceedings...more
In a case that has implications for anyone doing business in California, the California Supreme Court recently overturned an appellate court ruling that there was a right to a jury trial in actions for penalties and...more
On May 4, 2020, the Texas Office of Court Administration (OCA) issued guidance regarding the operation of in-person court proceedings in Texas after June 1, 2020. The OCA is the state agency that provides resources and...more
I. Introduction - In ways unimagined less than three weeks ago, the face of in-court litigation in civil and criminal matters transformed seemingly overnight and continue at near breakneck speed....more
During this unprecedented period of COVID-19, we strive to provide our clients with the most accurate and up to date information regarding the status of court operations. To that end, below is a chart with the local court...more
As community spread of COVID-19 increases throughout the United States, New Jersey joins the growing list of states that have issued a statewide stay-at-home order. To further combat the spread of COVID-19, the Governor of...more