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Trial Practice Guidance

Holland & Knight LLP

Podcast - The Seeds of Corruption

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small begins a multi-part examination of a drug trafficking and corruption case in Appling County, Georgia. As increased law enforcement efforts in...more

U.S. Legal Support

How Jury Consultants Analyze Nonverbal Cues

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People are often advised to don a “poker face” when entering a court of law. The thinking is that suppressing overt reactions is a way of showing one’s objectivity....more

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Post-Trial Juror Interviews: Best Practices

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In the American legal system, counsel is prohibited from speaking with the jury outside of a trial itself and the specific, structured ways they’re meant to interact. Practicing attorneys, law students, and most people with a...more

Holland & Knight LLP

Podcast - How Do You Define Success?

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In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export...more

EDRM - Electronic Discovery Reference Model

Chambers Guidance: Using AI Large Language Models (LLMs) Wisely and Ethically

Tomorrow, I’m delivering a talk to the Texas Second Court of Appeals (Fort Worth), joined by my friend, Lynne Liberato of Houston. We will address LLM use in chambers and in support of appellate practice, where Lynne is a...more

Holland & Knight LLP

Podcast - Seek Out Feedback

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and...more

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The Art of an Effective Closing Argument

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What makes for an effective closing argument, and how important is it? Even after days of testimony and evidence, your closing argument has the potential to sway a jury’s decision and bring about a successful outcome for your...more

Holland & Knight LLP

Podcast - Part II: Being an Expert Is a Lonely Business

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more

Holland & Knight LLP

Podcast - Part I: Being an Expert Is a Lonely Business

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In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more

Ward and Smith, P.A.

Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal

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Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more

Holland & Knight LLP

Podcast - Finding Common Ground

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of...more

Holland & Knight LLP

Podcast - "Ready for Trial?"

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Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in...more

Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

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Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

Segal McCambridge

The Future of Litigation: Adapting to the Era of Nuclear Verdicts

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In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge Shareholder Paul Motz to discuss the escalating trend of nuclear and thermonuclear verdicts—and how defense...more

Fishman Haygood LLP

Plaintiff Counsel’s Mid-Trial Social Media Post Results in Reversal of Jury Verdict in Illinois Court of Appeals

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An Illinois appellate court recently reversed a $43 million jury verdict in a personal injury case (Kroft v. Viper Trans, Inc.)1 involving an automobile collision, remanding the case for another trial—now the third—after the...more

Holland & Knight LLP

Podcast - Every Case Is a New World

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts his experience as a new prosecutor in the U.S. Department of Justice's Criminal Division, where he was unexpectedly...more

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Best Practices for Using Trial Technology

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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

Holland & Knight LLP

Podcast - The 3 Core Themes of Trial Law: Do the Right Thing

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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

Holland & Knight LLP

The 3 Core Themes of Trial Law: Tell Your Story

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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

Ward and Smith, P.A.

Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody

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While this requirement is not new, the Court’s decision formally adopts a line of Court of Appeals precedent that enforces this rule with precision, particularly in complex cases involving multiple claims or defenses. The...more

Saul Ewing LLP

The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle

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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

Holland & Knight LLP

Podcast - The 3 Core Themes of Trial Law: Know Your Court

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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

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How to Choose a Legal Translator

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If you don’t already use legal translators, it’s likely in your firm’s future. Between 2021 and 2023, the slice of American residents categorized as “limited English proficient” (LEP) grew from 25.7 to 29.6 million, a growth...more

Holland & Knight LLP

Podcast - Real Justice for Real People

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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

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What is Legal Translation?

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The pen is mightier than the sword in a courtroom. Legal decisions can pivot on a single word or comma in a contract or transcription, and adding multiple languages to the mix multiplies the possibility of inadvertent...more

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