Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Persistence and Determination
Podcast - How Do You Define Success?
Podcast - Part II: Being an Expert Is a Lonely Business
Follow the Rules … Most of the Time
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast: Don't Just Say It – Show It
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Podcast: Science in the Courtroom
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
Inter Partes Review: Validity Before the PTAB
In the high-stakes world of litigation, some attorneys focus on winning the case in front of them. Others think bigger—shaping strategy, influencing public policy, and leading far beyond the courtroom....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
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 this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export...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
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
In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more
If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more
Why Expert Credibility is Crucial - The adversarial nature of a jury trial leads many of our clients to ask, “Will my expert come across better than theirs?” This is a justifiable concern since jurors’ decisions about...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
It comes as no surprise that when a witness is perceived as being credible, their messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure...more
On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more
In the fourth episode of his "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also...more
While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that...more
You have completed your discovery, you have designated your expert witnesses, and you have even deposed the other side’s experts. Now what? One of the tougher skills in conducting trials is being able to effectively conduct a...more
The Patent Trial and Appeal Board (PTAB) designated as precedential four decisions addressing America Invents Act proceedings and issues of live testimony at oral argument and motions to amend under 35 USC § 316(d)....more
In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products,...more
So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more
The Patent Trial and Appeal Board (“PTAB”) issued its initial Trial Practice Guide in August 2012, shortly before America Invents Act (“AIA”) post-grant proceedings became available. That Guide had not been supplemented or...more