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
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
Podcast - Refresh vs. Impeach: Know the Difference
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
Podcast - Impeaching with a Deposition
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
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
AGG Talks: Home Health & Hospice - Lessons Learned From ALJ Hospice Audit Appeals
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...more
Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients. With a client’s current needs at the forefront—often accompanied...more
There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever. To help manage the...more
Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more
Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more
Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more
DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more
Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more
On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more
On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more
Outside counsel is an integral part of the legal industry. Sometimes companies hire law firms to handle the entirety of a legal issue or dispute, while other times they retain outside counsel only for specific questions or...more
The Supreme Court this week granted certiorari on an attorney-client privilege issue that is likely to impact in-house lawyers, litigators, and business attorneys across the country....more
Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more
In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more
Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’...more
Preparing for the Meet and Confer - Proper preparation and documentation during the Rule 26(f) meet and confer process will greatly improve efficiency in the ediscovery phase of your litigation....more
In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more
Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more
Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more
In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more
The Pagliara divorce has given us much to talk about. In “Sex, Lies, (Drugs) and Videotape … and Malicious Prosecution”, we discussed the dismissal of Husband’s malicious prosecution claims against Wife’s former divorce...more
As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more
Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions,...more
On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to vacate a district court order compelling disclosure of interview memoranda prepared by outside counsel to the Securities and...more
Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more