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Litigation Strategies Federal Rules of Evidence Trial Preparation

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

Butler Snow LLP

Turning Up the Heat? Pressure Testing Scientific Theories in Science Days, Rule 702 Hearings, and the Hot Tub

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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

Chartwell Law

Where Appeals Begin

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I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Akerman LLP

The Challenges of Integrating AI-Generated Evidence Into the Legal System

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The integration of artificial intelligence (AI) into the legal system heralds a transformative era marked by both innovation and unprecedented challenges. After some lawyers made headlines for submitting legal briefs with...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

Holland & Knight LLP

Podcast - Finding the Balance

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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

Holland & Knight LLP

Podcast - A Tortured Journey with the Lying Witness

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In the third episode of his "Ethical Witness Preparation" podcast series, "A Tortured Journey with the Lying Witness," litigation attorney Dan Small takes an in-depth look at a Massachusetts Supreme Judicial Court Rule and...more

Esquire Deposition Solutions, LLC

Discovery Depositions and Hearsay Evidence

The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more

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