Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Podcast - Direct Examination: Getting Rid of Clutter
The Basics of Opening Statements
Exuding Credibility in the Courtroom
Bar Exam Toolbox Podcast Episode 233: Listen and Learn -- Impeachment (Part 2)
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Live Trials During the COVID-19 Pandemic: What’s Changed?
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
The "Compass Rose" Method for Corporate Witness Interviews
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
Podcast - Rule 6: If You Don't Remember, Say So
Podcast - Rule 4: Be a Relentlessly Polite Witness
Podcast - Rule 2: Remember, You Are On The Record
The exigent circumstances that are often present at the outset of a corporate investigation may not lend themselves to calm contemplation, yet it is especially important that attorneys give thoughtful consideration to the...more
A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more
Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more
The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more
Some court rules explicitly prohibit communications between a deposition witness and her lawyer during a deposition break, except to discuss whether to assert a privilege objection to a pending question. See, e.g., Local Civ....more
Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more
House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more
In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more
Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more
In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more
In 2014, the D.C. Circuit adopted a very favorable privilege standard — protecting communications if "one significant . . . purpose[]" was corporations' need for legal advice, even if that was not the communications' "primary...more
In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more