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Key Discovery Points: Be a Team Player When It Comes to Production
Podcast - “I Lied Like a Dog!”
Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
As a personal injury attorney here in Colorado, I can tell you one of the most important aspects of any case is the closing argument. After all the evidence is presented, testimonies are heard, and legal points are made and...more
In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable...more
Trial strategy isn’t solely a matter of collecting and presenting the right set of evidence and testimony—it requires organizing and crafting a narrative that connects with jurors. With each new jury, you’re back at the...more
Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more
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
In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed....more
Car accidents often cause shoulder injuries. These injuries may affect your ability to work, care for yourself, or move without pain. You may struggle with basic tasks or lose access to activities you once enjoyed. Certain...more
What makes for an effective closing argument, and how important is it? Even after days of testimony and evidence, your closing argument has the potential to sway a jury’s decision and bring about a successful outcome for your...more
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more
On May 21, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued an en banc ruling in which the court remanded the case for a new trial on damages. In so doing, the Federal Circuit emphasized the role of the court in...more
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more
Admissibility standards for patent damages experts has come under scrutiny. Previously, we highlighted the EcoFactor v. Google case regarding Google’s petition for rehearing en banc to address the admissibility of EcoFactor’s...more
Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more
In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more
Divorce and family law proceedings can be emotionally charged and legally complex, particularly when disputes arise over issues such as property division, child custody, spousal support, or allegations of misconduct....more
Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more
“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more
February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more
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
Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
Being served with a lawsuit is frustrating, and sometimes nerve-racking, even for seasoned in-house counsel. Having a plan in place to quickly and appropriately address new lawsuits can ease the stress of being sued....more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more