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Trial Preparation Discovery

EDRM - Electronic Discovery Reference Model

[Webinar] A Winning Story: How to Use Technology to Build and Present a Compelling Case - April 29th, 12:00 pm - 1:00 pm CT

Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more

U.S. Legal Support

How to Choose a Legal Translator

U.S. Legal Support on

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

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

U.S. Legal Support

Security Best Practices for Remote Depositions in the Digital Age

U.S. Legal Support on

Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series.  This time we're talking about...more

EDRM - Electronic Discovery Reference Model

The Final Challenge: How GenAI Crafted BP’s “Impossible” Closing Argument

Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more

EDRM - Electronic Discovery Reference Model

Trial Exhibit Management

During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more

Farrell Fritz, P.C.

Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order for Trials in the Commercial...

Farrell Fritz, P.C. on

Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability.  This includes the rules governing trial...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

Farrell Fritz, P.C.

Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order for Trials in the Commercial...

Farrell Fritz, P.C. on

Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability.  This includes the rules governing trial...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Halliburton’s Closing

In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more

U.S. Legal Support

Preparing an Effective Notice of Deposition

U.S. Legal Support on

Noticing a deposition is a critical part of the litigation process. Far from just a formality, it’s an assurance that a deposition you’re engaging in is being done fairly and in good faith. By giving all interested parties...more

EDRM - Electronic Discovery Reference Model

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more

Esquire Deposition Solutions, LLC

Sanctioning Deposition No-Shows in 2025

The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more

EDRM - Electronic Discovery Reference Model

Using Generative AI to Create Compelling Closing Arguments in Complex Litigation

In our recent article “Understanding GenAI Response Limits: What Every Legal Professional Should Know,” we explored how legal professionals can overcome the traditional length limitations of Large Language Models that...more

Esquire Deposition Solutions, LLC

Account for Everyone Involved in Remote Depositions

Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern...more

Esquire Deposition Solutions, LLC

What to Include in a Deposition Letter

The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more

EDRM - Electronic Discovery Reference Model

Keeping the Temperature Just Right for Effective eDiscovery Negotiations

“I’ll see you in court!” It’s the rallying cry of legal dramas, glorifying courtroom battles as the pinnacle of advocacy. In reality, however, it’s skilled eDiscovery negotiation—not trial theatrics—that most often determines...more

U.S. Legal Support

Preparing a Winning Trial Strategy

U.S. Legal Support on

Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more

Epiq

Four Practical Use Cases for Applying Text Summarization to eDiscovery

Epiq on

Text summarization, driven by advances in Gen AI and natural language processing (NLP), has the potential to drive efficiency, accuracy, and strategic decision-making across legal processes. But how can text summarization...more

Association of Certified E-Discovery...

[Webinar] Negotiating the Scope of E-Discovery: Proportionality and Pre-Trial Preparation in Complex Litigation - November 1st,...

As the cost associated with e-discovery continues to rise, the focus on proportionality has become much more common. This presentation will offer best practices for engaging in proportionality discussions and successfully...more

Esquire Deposition Solutions, LLC

Courts Sort Through Deposition Format Spats

The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more

Esquire Deposition Solutions, LLC

Taking Depositions in Mexico

Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations...more

Butler Snow LLP

Balancing Scales: Limiting AI in Legal Proceedings

Butler Snow LLP on

As technology advances, the debate around the use of Artificial Intelligence (“AI”) in the courtroom intensifies. In a world where algorithms can predict our next move, the courtroom remains a sacred space for human judgment...more

Butler Snow LLP

A Sort of Homecoming: Preparing and Defending the Sales Representative Who Is No Longer with the Company

Butler Snow LLP on

A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more

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