Podcast - The Five Most Common Faults of Trial Lawyers
Doug Carsten is the co-head of McDermott’s life sciences industry practice and focuses on complex patent litigation disputes. In this Q&A, Doug shares what he enjoys most about being a trial lawyer, his go-to advice for...more
On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the five most common faults of trial lawyers. Mr. Small acknowledges that every trial is different, but steering...more
Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more
New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia, and, most recently, New Jersey. These laws are the most recent additions to a growing...more
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more
Once, while I was monitoring a science-intensive agricultural contamination case, we asked permission for one of our expert witnesses to have the jurors peer into a dark box where they could see a petri dish with a bacteria...more
September 21, 2019 was the second anniversary of the coming into force of the amended Patented Medicines (Notice of Compliance) Regulations (Regulations) heralding significant changes to the landscape for pharmaceutical...more
You have completed your discovery, you have designated your expert witnesses, and you have even deposed the other side’s experts. Now what? One of the tougher skills in conducting trials is being able to effectively conduct a...more
If you’re a trial lawyer, chances are very good that you have marked up a flip chart or whiteboard in order to get a handle on your case. With its boxes, arrows, and circles, we might view the resulting “map” as a kind of...more
Experts have a tough job translating sometimes technical detail to lay audiences and working closely with a party to the litigation while still maintaining the role of “teacher” rather than “advocate.” Some excellent and...more
Four of the proposed amendments to the Commercial Division Rules, which were discussed in an earlier blog post while the rules were under consideration by the Office of Administration, were adopted over the summer and have...more
This month, the Office of Court Administration publicized three proposed changes to the NY Commercial Division Rules that received slightly less attention than the publication of the infamous Donald Trump/Billy Bush videotape...more
While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more
Two of my recent columns in Litigation— “Five Traits of the Best Lawyers I Know” (Fall 2013) and “Fourteen Tips to Make You a Better Litigator” (Spring 2014)— invited Section members to share your own practical tips for...more
This continues our series of blog posts on trial preparation and presentation as related to class actions. Preparing to try a class action case, in general, encompasses all of the issues and concerns inherent in trying...more
A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more
On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more