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Witness Statements Litigation Strategies

Holland & Knight LLP

Podcast - Refresh vs. Impeach: Know the Difference

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic...more

Holland & Knight LLP

Podcast - Impeaching with a Deposition

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the...more

Nextpoint, Inc.

How to Use Deposition Transcripts to Build Your Case Story

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Use the right tools to analyze your deposition transcripts and build a winning case story. As we mentioned in Part 1, there are many important tasks and responsibilities involved in a litigation matter, but telling a...more

Butler Snow LLP

“Oh, Do I Have a Story for You…”

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I had the privilege to collect the following “war stories” for Pro Te: Solutio. Our goal was to demonstrate the wide range of litigation experience we have at Butler Snow, but as I heard these stories, I found them to be so...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

Esquire Deposition Solutions, LLC

Depose Witnesses Early or Risk Losing Their Testimony, Experts Say

Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome....more

Proskauer - Minding Your Business

New York Broadens the Scope of Admissible Employee Statements

In a seismic change to its evidentiary jurisprudence, New York recently enacted legislation that significantly broadens the admissibility of statements made by a party’s agent or employee....more

Porter Hedges LLP

The Impact Of New Texas Discovery Rules In Delay and Disruption Claims

Porter Hedges LLP on

Any lawsuit filed in Texas state courts on or after January 1, 2021 are now subject to the newly-amended Texas Rules of Civil Procedure. Our litigation team has a helpful review of several of the most significant changes...more

Holland & Hart - Your Trial Message

Assess Whether Your Witness Is Able to Counterpunch

Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more

Holland & Hart - Your Trial Message

Expect Attorney Resistance to Online Trial Innovations

Across the country, restaurants are changing what it means to be a restaurant, movie theaters are changing what it means to be a movie theater, and conferences are changing what it means to be a conference. So maybe it’s...more

Holland & Hart - Your Trial Message

Ask Your Online Witness About Their Off-Camera Resources

So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more

Holland & Knight LLP

Podcast: Bridging the Gap

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In the latest episode of his "Powerful Witness Preparation" podcast series, Bridging the Gap, litigation attorney Dan Small shares how to overcome the difficulties of bridging the gap between normal conversation and...more

Holland & Hart - Your Trial Message

Adapt to Remote Communication (Including Testimony)

Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

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National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

Holland & Knight LLP

Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy

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In the latest episode of his "Powerful Witness Preparation" podcast series, Playing the Guessing Game is a Losing Strategy, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness...more

Holland & Knight LLP

Podcast - Rule 6: If You Don't Remember, Say So

Holland & Knight LLP on

In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more

Holland & Hart - Your Trial Message

Examining Attorneys, Keep Your Cool

So you’re conducting the cross-examination, and the witness is fighting like a three hundred pound marlin at the end of your fishing line. And they’re not fighting by legitimately drawing distinctions or by using their own...more

Holland & Hart - Your Trial Message

Testifying in English When It’s Not Your Native Tongue? Use That Advantage

Testifying is difficult enough already. You’re trying to give complete and honest answers while a trained attorney is asking hypotheticals, making distinctions, digging into details, sometimes applying arcane legal standards...more

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

Fisher Phillips on

The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

NAM (National Arbitration and Mediation)

The Power Of Technology And Its Role In The Alternative Dispute Resolution Arena

As a former Justice of the Supreme Court, I have seen first-hand how technology has impacted legal proceedings within the courtroom. From technology-based evidence presentations and electronic submissions, to “day in the...more

Holland & Hart - Your Trial Message

Beware of Nonverbal Pseudoscience

The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more

Holland & Hart - Your Trial Message

Understand the Memory-Encoding Role of Heightened States

During Christine Blasey Ford’s testimony last Thursday to the Senate Judiciary Committee, at one point I imagined that millions of Americans were doing a double take at her use of the word “hippocampus.” When the witness was...more

Littler

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

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In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2018: PTAB AIA Proceeding Deposition Strategy

Depositions are an important, yet sometimes overlooked, part of AIA proceedings, such as inter partes review (“IPR”) trial proceedings. It is important to understand that IPR depositions differ in significant ways – both in...more

Holland & Hart - Your Trial Message

Find the Balance in Witness Preparation

When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates...more

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