Building the Case: Why an Email Policy & Etiquette Matters for Construction Litigation
Podcast - Keeping Your Vessel Stable During Cross-Examination
Podcast - The Stability in Simplicity
Podcast - Reading the Room
Podcast - Respect in the Courtroom
Podcast - Understanding the Media
Podcast - Jurisdiction Is in the Eye of the Beholder
Podcast - Allergic to Courtrooms
Show and Tell
Podcast - The Law Is the Law
Podcast - Telling the Whole Story
Podcast - The Benefits of Using an Interpreter
Trust Is Key
Overcoming Missed Deadlines
Podcast - Clarity Over Complexity at Trial
Podcast - Part II: Recent Changes in Jury Dynamics and How to Prepare Your Expert Accordingly
Podcast - Miss Lillian "Testifies": The Importance of Witness Preparation
Learn from the Masters
Podcast - Part I: Going from Young Associate to Veteran Lawyer
Juror No. 6 and the Unexpected Misunderstanding
In Part 2 of our “Building the Case” series, Brett Burney from Nextpoint sits down with Jerry Crawford, Principal Director of KGC Consulting Services Limited, to dive into why email management can win or lose a case. From...more
There is truth to the proverb that “a closed mouth catches no flies.” In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026), the defendants sat silent when the trial court set a...more
Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more...more
In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed,...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small introduces a new case that illustrates a new strategy for trial. Naval architect Jack Gilbert was accused of selling a boat with...more
Litigation looks like a single continuum from filing to verdict, but it isn’t. Trial and appellate practice are not merely different phases of the same work; they are different crafts with different habits, incentives, and...more
Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings, aiming to address longstanding challenges in the...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of...more
The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small uses the white collar corruption case of U.S. v. Rendle and his experience before the famously pro-defense Judge Joseph Tauro to...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small underscores the importance of understanding the media as a trial attorney. He recounts lessons learned from a high-profile...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts attempting to prosecute a New England mob boss and the challenge of filing a complex case before the statute of limitations expired. Mr....more
Earlier this year, we wrote about the Indiana Supreme Court’s decision in Automotive Finance Corp. v. Liu, 250 N.E.3d 406 (2025), which emphasized that the finality of judgments outweighs competing arguments grounded in...more
The Commonwealth of Pennsylvania’s Legislature recently introduced House Bill No. 1913 that would permit attorneys to suggest to a judge or jury an “appropriate award for all past and future economic or noneconomic damages.”...more
On November 21, 2025, New York State Governor Kathy Hochul signed into law Senate Bill S8195, ushering in a significant clarification to CPLR 2106, which authorizes the use of unsworn (i.e., not notarized) affirmations in...more
The Alberta Court of King's Bench stood firm on its commitment to address delays and improve efficiency in Alberta's civil justice system. In Boucher v Bailey, 2025 ABKB 384, the Court dismissed the plaintiffs' request to...more
Legal tech leads to stronger cases, streamlining workflows and improving client satisfaction. A NOTE ON PERSPECTIVE - Empty heading With so much buzz about artificial intelligence, it is easy to forget the practical tools...more
On October 30, 2025, Robins Kaplan hosted its annual CLE, “The Trial Advocacy Seminar.” This year, attorney Raoul Shah reflected on his main takeaways....more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small looks back on his experience prosecuting the notorious New England mob boss Raymond Patriarca — or lack thereof. As a 73-year-old man who had...more
Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories —fantastic narratives in which we...more
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where reasonable minds can...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small makes the case for "show and tell" in the courtroom. As he contends, jurors do not learn best by listening alone, so powerful...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small unpacks the prosecution of Ted Anzalone, a top aide to Boston Mayor Kevin White, through two alleged money laundering schemes: a...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of providing the jury with all relevant facts to help them discern the truth. At times, however,...more
When a party obtains a domestic violence Final Restraining Order (“FRO”), they are typically entitled to an award of counsel fees as compensatory damages. As often is the case, when one party obtains a Temporary Restraining...more