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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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
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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
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
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
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience working in the Hyattsville, Maryland, Magistrate's Court and handling everyday cases involving ordinary...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the vital role of storytelling in trials. Drawing from his experiences in the Hyattsville, Maryland, Magistrate's...more
The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features trial lawyer Brian McMonagle. Brian began his career in the...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how knowing the court where a trial lawyer is working can make the difference between winning our losing a case. He...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his early experiences in trial law as an Assistant U.S. Attorney in the U.S. Magistrate's Court in Hyattsville,...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
Cross-examination is the stuff of drama in fictional courtroom depictions. The savvy lawyer taking on a hostile witness on the stand—these are the moments TV and movie audiences live for. However, the truth is real-life...more
A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more
After three weeks of an intense trial, a federal murder case defended by Dinsmore trial attorneys Kenyon Meyer and Philip Longmeyer went to the jury. Their client, Bobby Smith, was facing life in prison for a woman’s 2016...more
In the summer of 2024, Dinsmore trial attorneys Kenyon Meyer and Philip Longmeyer were appointed as counsel for indigent defendant Bobby Smith in a federal murder case dating back to 2016. Despite months of prep, it was...more
In the summer of 2024, Dinsmore trial lawyers Kenyon Meyer and Philip Longmeyer were preparing to defend an indigent client in a high-stakes federal murder trial, and they knew it was not going to be an easy task. With more...more
In late January of 2025, Dinsmore trial attorneys Kenyon Meyer and Philip Longmeyer achieved a rare victory, securing an acquittal in a federal murder trial—an outcome that occurs in less than 1% of cases. With the deck...more
Statistics weigh heavily against defendants in the criminal justice system. Only 0.4% were acquitted after trial in federal cases during fiscal year 2022. In this latest podcast episode, host Matt Adams is joined by firm...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
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
Behind every successful trial is a team that knows how to work under pressure—but what sets trial teams apart? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Shruti Panchavati, Melissa Jampol, and...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more
The line between ethical witness preparation and unethical coaching is somewhere between ensuring a witness doesn’t show up unprepared for a legal proceeding and putting words in their mouth. Incorporating a solid trial...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 the second part of 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...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the need for lawyers to simplify complex cases when preparing for trial. He advises practitioners to critically...more
Depositions provide the opportunity for legal teams to evaluate not just words, but truthfulness, demeanor, and believability. However, language barriers between deponents and attorneys can hinder the pursuit of information,...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