The Future of Litigation: Adapting to the Era of Nuclear Verdicts
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Podcast - Think Outside the Script
Targeting Safetyism in Defense Voir Dire | Episode 71
Openings of Openings
Why Demonstrative Aids Are Critical in Every Case
How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
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
Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more
If you need to appeal the outcome of your federal criminal case, you have lots of factors to consider. While there are a variety of grounds for pursuing appeals, not all grounds are available in all cases; and, even if you...more
Legendary jurist Oliver Wendell Holmes wrote that “hard cases make bad law,” by which he meant that a legal rule fashioned for an extraordinary circumstance can be inappropriate for the resolution of everyday disputes....more
Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more
Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other...more
The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more
Lately, I’ve seen increasing reports of people voluntarily separating themselves from the news. Often, this means taking a break from Facebook and its ubiquitous “Newsfeed.” In other cases, however, it involves people...more
Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the notion that there is a “real” to aspire to, is eroding? If it is, then...more
We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more
On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more