Early Returns Law and Politics with Jan Baran: A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam
A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam
Opening Statements: The Prohibition Against Argument
Consumer Finance Monitor Podcast Episode: SCOTUS Hears Oral Argument in Cases Challenging Biden Administration Student Loan Forgiveness Plan: Observations and Predictions
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
Reflections on Sackett - Reflections on Water Podcast
#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
Fish Post Grant Radio: Episode #16: Kevin McNish, McNish PLLC
What will SCOTUS Decide on the OSHA ETS and CMS Vaccine and Testing Mandates?
Why Lawyers Should Care About Typography | Matthew Butterick | Texas Appellate Law Podcast
Extending into Other Media | Texas Appellate Law Podcast
A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens | Texas Appellate Law Podcast
College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Game On: College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Helping the Court Decide Your Case | Justice April Farris | Texas Appellate Law Podcast
A Break Down of the SCOTUS Oral Argument on First Amendment Right to Privacy in Association
JONES DAY TALKS®: U.S. Supreme Court Hears Arguments in NCAA Antitrust Case
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more
Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode, Jan speaks with...more
Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode of the Early...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more
In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...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
[Co-Host: Jody Sanders] When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury...more
Now that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 (When Do Federal Circuit Judges Sit?), and we’ve twice looked at data...more
I agree with conventional wisdom, which says that all things being equal, you can never win an appeal solely on oral argument, but you can lose. I have seen it happen, and not infrequently. It’s why I used to tell my law...more
A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more
There are two theories fighting it out over what will happen once the pandemic fades. The first, — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more
A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the data for each judge...more
The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted...more
Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held virtually with 40 LEAP...more
There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person...more
Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster development...more
As courts are beginning to open, litigants and their counsel are forced to navigate the “new normal” of courtroom proceedings. Videoconferencing tools are allowing cases to progress with virtual depositions, oral arguments...more
On April 24, 2020, the Federal Circuit announced a set of proposed amendments to its Local Rules that, if adopted, will go into effect July 1, 2020. Although most of the proposed changes are stylistic or concern particular...more
No matter how good the technology is, a virtual appellate oral argument is different from a live one. No matter how good an oral advocate you are, your virtual argument likely will not be quite as effective as a live one. But...more
On April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court regarding evictions under commercial and residential leases and judicial foreclosures....more
Federal court judges in California are facing a crisis caused by expanding caseloads coupled with increasing vacancies in judicial seats that remain unfilled. United States District Court Judge Dale A. Drozd of the Eastern...more
The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3. ...more
As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more
The Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit has just issued its Guide for Oral Argument (January 2020, Version 2.0). The guide includes guidelines for counsel during oral argument, and are as...more