Podcast - Seek Out Feedback
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
Podcast - Getting Dressed for Court
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Podcast - Presentation is Paramount
On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more
We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security,...more
Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more
The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how complex trials often leave jurors feeling overwhelmed and disengaged. He emphasizes that lawyers frequently...more
In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Paul Kiernan, a partner at Holland & Knight and chair of the firm's Public and Charitable Service...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...more
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more
What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as...more
Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and...more
Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...more
Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more
The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small analyzes the similarities and differences between real-life trials and ones portrayed in television and movies. Mr. Small...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills...more
Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution,...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom...more