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
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
The 3 Core Themes of Trial Law: Tell Your Story
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
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
Podcast - Real Justice for Real People
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
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Weathering the 2025 Whirlwind: How to Keep Calm & Carry On
I was speaking to Jack, an old friend and senior partner at a national law firm, late one afternoon. Our topic was how GenAI technology could handle a wide variety of litigation tasks in seconds—work that would otherwise...more
Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more
Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three...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
Artificial intelligence is transforming how legal professionals work—and now, it’s shaping how judges approach their role in the courtroom. With the release of Navigating AI in the Judiciary: New Guidelines for Judges and...more
The calm person wins – is a truth I’ve observed during my professional career. When emotions run hot and tensions rise, if you maintain your composure, you will inevitably gain the upper hand. You also will make better...more
Now and then a lawyer fails to meet a deadline or otherwise acts untimely. Several “saving” provisions in the Civil Practice Law and Rules (“CPLR”) are available to assist a lawyer when deadlines are missed. These include:...more
What reframing artwork taught me about advocacy, perspective and the power of framing in ADR - My mother recently moved out of her home of nearly six decades. As you can well imagine, there were many belongings that needed...more
My new favorite judge is The Honorable R. David Proctor, chief U.S. district judge for the Northern District of Alabama. I love his Nov. 26, 2024 order granting an Opposed Motion Extension of Time to respond to a complaint....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be...more
Case briefing has a long history in legal studies as a tried-and-true method for reviewing and analyzing judicial opinions. Whether you’re a law student attempting to master case briefing, or a lawyer seeking to...more
Litigation frequently relies on trial services—jury and trial consulting, trial graphics and demonstratives, and trial presentation and technology services. High-risk cases often involve complex information, data, facts, and...more
Welcome to the Law School Toolbox podcast for our special series on starting off on the right foot in law school! In today's episode, we're exploring the unique aspects of Legal Research and Writing, a critical first-year law...more
The understandable recent media spotlight on Artificial Intelligence transforming the practice of law (e.g., The New York Times’s noting Goldman Sachs’ estimate that 44 percent of legal work could be automated) has obscured a...more
DeNISTing in ediscovery is one of the many technical strategies utilized during the processing stage to eliminate irrelevant data from a document collection. With the high volume of legal data seen in most litigation...more
Millennials are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we have gotten to work alongside quite a few truly impressive young trial attorneys....more
Within the legal community, technology is typically viewed as a means to increase lawyer efficiency, whether through document assembly, document review, collaboration, and remote work or lately through the use of artificial...more
Three years have passed since the last “Dear Scrivener,” my personal legal writing and grammar advice column, and the Scrivener mail bag and inbox are over capacity. Actually, these days most questions come in by telephone or...more
In his ground-breaking 2013 book Tomorrow’s Lawyers, legal futurist Richard Susskind predicted that technology would radically transform the legal profession within the next few decades. From automation of routine legal tasks...more
Early in my career, I worked on an arbitration that challenged the effectiveness of a claims administration company. I sent our client’s expert witness five audits of the company, a fact I noted in the cover letter. ...more
Success in eDiscovery is determined largely by the ability to synergize “people, process and technology.” Okay, we hear your collective groan. The phrase is trite, tired and overused, which is what it is. Since it works so...more
Having an efficient and proportional strategy has always been critical to keeping cases on track against budget and deadlines. COVID-19 has had an unprecedented disruptive impact on many cases and schedules. ...more
The coronavirus means significant new litigation realities. It is not too early to start preparing for litigation on the other side of the pandemic. This series of short blogs will provide practical solutions for managing...more
COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles...more
On January 9, 2020, the Supreme Court of Virginia approved Legal Ethics Opinion (“LEO”) 1890, which comments on a number of issues under Virginia Rule of Professional Conduct 4.2, “Communication with Persons Represented by...more