Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
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The 3 Core Themes of Trial Law: Tell Your Story
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eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
The Subpoena Playbook
Podcast - The 3 Core Themes of Trial Law: Know Your Court
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The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Key Discovery Points: Timing is Mostly Everything in eDiscovery
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)
There Is No Right Path
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Weathering the 2025 Whirlwind: How to Keep Calm & Carry On
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
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the dangers of using both humor and sarcasm in the courtroom, while also recognizing the need to incorporate them in...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...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 importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...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
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
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
Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and...more
At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more
Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small discusses the use of legalese in the courtroom. He advises attorneys to avoid using too much legal jargon...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why trial lawyers should always prepare notes before a case. Mr. Small doubles down on the important role notes play...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small divulges the key to being a successful trial lawyer: having a well-organized trial notebook. Mr. Small provides a breakdown of...more
In the first episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the unwritten rules of trial practice that must be learned through experience and observation over time. Mr....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
Visual presentations have become the most effective communication tools for explaining complex stories to audiences. The heavy use of social media platforms has wired some modern viewers to become visual learners. When these...more
Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more
Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more
A “hotseater,” or trial technician, will allow you to focus on delivering a winning argument by taking care of the technical aspects of trial presentation....more
There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any...more
When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check effectiveness, prevent harm, and protect the brand. When a trial occurs,...more