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Defining a Win in Litigation: Mitigating Losses

In this series on defining wins in litigation, we’ve talked about defining the goals and strategies at the outset, clear and open communication, and the benefits of resolving a dispute both financially and reputationally. ...more

Defining a Win in Litigation: Addressing the Hidden Costs

Last month we talked about how establishing goals for litigation “wins” requires taking emotion out of litigation, and clear communication between lawyer and client.  We also talked about the need to re-evaluate litigation...more

Defining a Win in Litigation: Flexible Goals and Open Communication Establish a Solid Foundation

Last month I talked about how litigation “wins” don’t always require a jury finding in your favor.  This month we continue talking about reaching litigation “wins” through early communication and objectivity....more

Defining a Win in Litigation

Does a “win” in litigation require a final judgment in your favor?  Not necessarily.  Litigation “wins” are defined by the circumstances facing a party at the outset of litigation, and how those circumstances change as...more

Some Quick Thoughts on Opening Statements, Closing Arguments and Jury Deliberations

This will likely be the last piece I write on last month’s trial. We are scheduled to start another trial in January 2018, with additional trials in April and May, and they may gin up some additional insights that I think...more

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Personal Insights into Arbitration and Trial

For nine years, Tilting the Scales has brought legal issues with a business slant –practical and conversation points. Many who we represent are entrepreneurs who prefer to avoid lawyers and, certainly, the courthouse. Few of...more

Presidential Privilege? Why Presidents Can’t Escape Litigation in Office

Unless you’ve been living under a rock for the past three weeks, you know Donald Trump was elected the next President of the United States. You also probably know that some of Mr. Trump’s companies are defendants in various...more

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