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Litigation Strategies Expert Testimony

Holland & Hart - Your Trial Message

Witnesses, Remember Confidence is a Behavior

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Holland & Knight LLP

Podcast - Part II: The Do’s and Don’ts of Demonstratives

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, about the practical aspects of...more

Faegre Drinker Biddle & Reath LLP

Defective Logic: Why Recall Evidence Falls Short in Court

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

U.S. Legal Support

Building a Strong Trial Narrative to Improve Outcomes

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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

Holland & Knight LLP

Podcast - Persistence and Determination

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S....more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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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

IMS Legal Strategies

Trial Preparation Through a Strategic Lens

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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

Morrison & Foerster LLP

When Your Life Sciences Are on the Line: IP Litigation and Trials

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the tenth episode of When Your Life Sciences Are on the...more

Baker Botts L.L.P.

Discretionary Denials at the PTAB: Strategic Insights for Petitioners and Patent Owners in a Shifting Landscape

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A set of recently issued memoranda by United States Patent and Trademark Office (“USPTO”) officials has re-energized the debate around discretionary denials in post-grant trials at the Patent Trial and Appeal Board (“PTAB”)....more

Tyson & Mendes LLP

Trial Prep: Expectation vs. Reality

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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

Fenwick & West LLP

Key Federal Circuit Patent Rulings Impacting Your Business…

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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

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

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Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part One

Imagine instantly accessing a room full of top experts ready to respond to your toughest questions, brainstorm creative solutions, or critique your new ideas, all without spending a dime. Whether you’re a seasoned attorney...more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Nossaman LLP

Don’t Forget: Medical Societies Have a Duty to Provide Fair Procedure Too

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A recent decision by the United States District Court, Eastern District of California highlights the duty of medical societies to provide fair procedure when implementing a disciplinary action. In VanBuren Lemons v. American...more

JUSTICENTER

Shoulder Injuries Caused by Car Accidents

JUSTICENTER on

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

Mintz - Intellectual Property Viewpoints

Split Federal Circuit Decision Emphasizes Need for Skilled Counsel

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more

U.S. Legal Support

The Art of an Effective Closing Argument

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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

Cornerstone Research

The Evolving Role of Artificial Intelligence and Machine Learning in Expert Analyses

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Artificial intelligence (AI) and machine learning (ML) are increasingly influencing many aspects of the legal sector, including legal expert analyses. To determine how often AI and ML are used in expert analyses and identify...more

Holland & Knight LLP

Podcast - Part II: Being an Expert Is a Lonely Business

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In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more

U.S. Legal Support

The Impact of Venue Evaluation on Trial Outcomes

U.S. Legal Support on

While a case must be filed in the court system that has the authority to adjudicate it, the specific venue is often a more flexible choice. To that end, selecting the right venue can be a key part of case strategy....more

Holland & Knight LLP

Follow the Rules … Most of the Time

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Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion...more

Tyson & Mendes LLP

Be Bold, Be Bright, but Be Brief…

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In an age of 15 second internet reels, fast paced communications, constant online conversations, and “texting culture,” brevity is more important than ever for trial attorneys. At Tyson & Mendes, one of our trial goals is to...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

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

Holland & Knight LLP

Podcast - Part I: Being an Expert Is a Lonely Business

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In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more

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