Trial Practice Guidance, Dispute Resolution

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

Butler Snow LLP on 5/7/2025

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

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

NAM (National Arbitration and Mediation) on 1/10/2025

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Trial Preparation 101: Strategies for Building Winning Arguments

Nextpoint, Inc. on 2/28/2022

TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more

Remote Technology and Trials After COVID-19

Esquire Deposition Solutions, LLC on 12/2/2020

The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to...more

Continue the Conversation

Holland & Hart - Your Trial Message on 11/17/2020

From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more

Look Out for the Reptile Mediation

Holland & Hart - Your Trial Message on 5/30/2019

Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more