Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more
If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC...more
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more
The ongoing attempts by the United States, Egypt, and Qatar to mediate the war between Hamas and Israel bring to the forefront the potential that mediation can have to resolve conflict. Yet the use of alternative dispute...more
The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more
Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these...more
These past several months have certainly been a challenge, to say the least. Lock downs, face masks, heroic doctors, hospital workers, and first responders, sickness, death, shuttered businesses, and furloughed workers all...more
As a recently retired federal judge who served for more than two decades on the U.S. District Court for the Northern District of California, I know firsthand how daunting managing a caseload can be even in normal times. Now,...more
Sinatra may have found success in the city that never sleeps, but a California court has just made it more difficult for any party doing business with a California resident to do the same. At least, when it comes to resolving...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
It is not uncommon for parties to enter into agreements containing jury waiver provisions. However, enforcing such provisions in California courts may be a losing battle. California has a strong public policy in favor of the...more