How to Prevent Executives from Saying the Wrong Thing When Testifying
Law School Toolbox Podcast Episode 328: Listen and Learn -- Expert vs. Lay Witness Testimony (Evidence)
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
Podcast - Rule 1: Witness, Take Your Time
Three Witness Excuses to Avoiding Preparing
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more
Join us in Washington D.C. for the Drug and Medical Device industry’s premier event for learning, networking, and advancing the defense of life sciences clients! You’ll hear from heads of litigation from the world’s foremost...more
As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more
It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more
On March 30, 2023, the Florida Supreme Court approved a new rule of civil procedure that addresses jury requests to review testimony. New rule 1.453 sets forth the procedures for trial courts to follow when a juror in a civil...more
I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more
So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the...more
It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more
If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when...more
In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more
In the recent Texas case of Trinh v. Cent. River Healthcare Grp., a pair of siblings engaged in a legal dispute over whether one sibling had breached a fiduciary duty in the management of a PLLC. NO. 03-19-00393-CV (Tex. App....more
Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus...more
This is the general sentiment I sometimes hear when one side in an opening statement is talking about the other side’s experts...more
To many trial-watchers, a key moment in the recent trial of former Minneapolis police officer, Derek Chauvin, for the murder of George Floyd, came during the testimony of Dr. Martin Tobin. This Chicago pulmonary physician, in...more
The Court of Appeals Opinion Closes Procedural Gaps and Aligns Legal Standards with Scientific Analysis - The Court of Appeals of Maryland adopted the Daubert standard, overturning Maryland’s long held Frye-Reed precedent for...more
Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more
Testifying is difficult enough already. You’re trying to give complete and honest answers while a trained attorney is asking hypotheticals, making distinctions, digging into details, sometimes applying arcane legal standards...more
As Program Chair for the 2019 DRI Products Liability Conference (February 6-8, 2019, in Austin, Texas – mark your calendars NOW), I have had the privilege of working to arrange some pretty amazing speakers and presentations....more
In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more
As the Jodi Arias criminal trial winds down, I have to go out on a limb and make my prediction....more
As a young lawyer, I was retained by the state of Florida to represent a former legislative aide that had been accused by a member of the House of Representatives of falsely accusing him of sexual harassment to oust him out...more