eDiscovery and Compliance Programs
Managing Whistlelbowers
Compliance Tip of the Day: Using AI to Embed Your Compliance Program
Culture Crafters: Building a Culture of Accountability in the Face of Disasters
Compliance Tip of the Day: Trust and Verify
Compliance Tip of the Day: AI Assistant for Compliance
Compliance Tip of the Day: Costs and Benefits of AI
(Podcast) The Briefing: Who Owns What – Understanding Copyright in Collaborative Projects
Fox on Podcasting: Mastering Content Creation and Personal Branding with Dave Polykoff
Compliance Tip of the Day: How a CFO Views Compliance and Risk
Compliance Tip of the Day: Co-Thinking with AI
Nonprofit Basics: Grant Agreements—Matching Grants, IP, Recoverable Grants & More
Compliance Tip of the Day - Extending Compliance Value Across Your Organization
AI Today in 5: August 12, 2025, The Creating Billionaires Episode
Compliance Tip of the Day: Design - Centric Internal Controls
Compliance Tip of the Day - The ROI of Compliance
Adventures in Compliance: The Novels - The Valley of Fear, Sherlock Holmes’ Investigative Techniques for Today’s Challenges
8 Key Takeaways | Strategies to Drive Influence With and Without Authority
Moving Beyond the Usual Helpline Data
Nonprofit Basics: Grant Agreement Best Practices
This article was authored by Kim Beane (Litigation Consultant). In court, cases often come down to the “battle of the experts” and the credibility and character of experts can make or break a case. When you need an expert...more
We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more
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
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
It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging...more
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
Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more
During a recent employment law webinar, Haynsworth Sinkler Boyd discussed considerations for employers when conducting workplace investigations. To help employers conduct more effective and efficient workplace investigations,...more
Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can...more
Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more
I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could...more
In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study...more
Sometimes greater confidence is the last thing a witness needs. When your fact or expert witness is arrogant, unprepared, or careless about their upcoming testimony, they might need a reality check through a preparation...more
As American society copes with the COVID-19 pandemic, masks and face coverings have become the focus of legal mandates, political protests, and nonstop commentary—in some instances, even violence. But beyond the public health...more
Healthcare systems, hospital networks, and other healthcare providers regularly face challenges that may require an internal investigation to determine the root cause of an issue in order to evaluate how best to remediate and...more
Everyone in the room wants a deposition to go smoothly. It’s more productive for you, less stressful for the witnesses, and easier for the court reporters to get the job done. However, you may be unaware of simple things you...more
Proskauer was privileged to host a panel presentation this month on the topic of representing victim witnesses in cooperating with law enforcement investigations and prosecutions of human traffickers. The panel featured Jane...more
Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more
The government often plays a background role in civil litigation. An action, decision, or product from one party might meet the government’s regulations, for example. The question that raises is “Are the regulators trusted?”...more
One of the most anxiety-producing experiences for both a family law client and their attorney is navigating through the process relating to a Maricopa County temporary orders hearing. The client’s anxiety is easy to...more
Under Federal Rule of Civil Procedure Rule 30(b)(6), a party may depose a public or private corporation, a partnership, an association, a governmental agency, or another entity. Of course, it is not actually possible to...more
It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more
Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more