Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
How confidential is a request to access or challenge information in INTERPOL’s files?
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Bar Exam Toolbox Podcast Episode 314: Listen and Learn -- False Imprisonment and Shopkeeper’s Privilege (Torts)
Follow the Rules … Most of the Time
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Bar Exam Toolbox Podcast Episode 312: Spotlight on Criminal Law (Part 2)
The JustPod: A Discussion with Defense Counsel Rocco Cipparone and Angie Levy on January 6 Prosecutions
Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
What if the CCF denies my request for the removal of my Red Notice?
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
There Is No Right Path
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Excessive Compensation: What to do when the co-owners of your business pay themselves excessively
Against All Odds- Part Three
Against All Odds- Part Two
Against All Odds- Part One
When I first decided I wanted to become an attorney, I did not think about being in trial. Even in law school, I gave little thought about what it would mean to be in trial. Like a lot of people, my experience with being in...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for organizing a trial and questioning witnesses. He highlights that no one approach is the same and...more
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
Akin to a buddy-cop movie—there are some pairings that are stronger together. For trial attorneys, one such pairing is trial themes and mock trials. A trial theme, also known as a case theme, is critical to simplifying a...more
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more
You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully...more
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the impact of verbal clutter in legal proceedings. He stresses the importance of asking concise, clear questions,...more
Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion...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
As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more
Today Bloomberg is reporting that one of the attorneys representing convicted FTX founder Sam Bankman-Fried named his client as the worst cross examination witness he has ever seen. That’s quite an indictment in its own...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with Frank Vecella, principal at McKool Smith and former head of litigation for Ericsson, for an in-depth discussion...more
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. Listen, watch, and/or read...more
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. View the transcript here:...more
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
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
Until the 20th century, the best drama most Americans could see was found not on screen but in their county courthouse. Today, we can sit at home and watch 100 years of film and 70 years of television. Cavernous courtrooms...more
Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future jury who might someday see a clip of your deposition? That audience is kind of...more
You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one more thing to do before handing that witness over to the other side...more