Key Discovery Points: ESI Protocol Objection Denial Party
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The Journey of Litigation
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Walking Tall
Podcast - The Seeds of Corruption
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Podcast - Part II: Being an Expert Is a Lonely Business
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast: Don't Just Say It – Show It
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?"
Bar Exam Toolbox Podcast Episode 311: Spotlight on Criminal Law (Part 1)
Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly,...more
The 34th President of the United States, Dwight D. Eisenhower, once told a captivated audience that ”Plans are worthless, but planning is everything.”...more
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
Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on essential principles for trial lawyers, emphasizing the importance of clarity and organization in presenting...more
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the dangers of using both humor and sarcasm in the courtroom, while also recognizing the need to incorporate them in...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...more
Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern...more
The Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association hosted a very special guest speaker at its final meeting of 2024: The Honorable Timothy S. Driscoll from the...more
The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the importance of distinguishing between the theory of the case and the themes used to persuade a jury, emphasizing the...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the value of observing other lawyers in action, highlighting trials as opportunities to witness persuasive skills...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses how to learn the intricate process of trials. He shares valuable advice for attorneys looking to improve their courtroom...more
As the cost associated with e-discovery continues to rise, the focus on proportionality has become much more common. This presentation will offer best practices for engaging in proportionality discussions and successfully...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
Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and...more
Peg Warner has tried over 50 cases spanning jury trials (including one that lasted nearly five months), bench trials and arbitration hearings. She has served as first-chair counsel in state and federal courts in over 30...more
At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination...more
This guide provides legal professionals with an overview of how to prepare for and conduct remote depositions in a world that is increasingly adopting hybrid and virtual work environments. By using these best practices,...more
Doug Carsten is the co-head of McDermott’s life sciences industry practice and focuses on complex patent litigation disputes. In this Q&A, Doug shares what he enjoys most about being a trial lawyer, his go-to advice for...more
Step into the mind of a trial lawyer with On the Stand, a Q&A series. McDermott’s cross-practice trial and appellate lawyers reveal what drives their passion for the courtroom, preparation techniques, advice for junior...more
By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards...more