Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
Direct Examination: Offering Exhibits
The COVID-19 pandemic touched nearly every aspect of modern life. Our families, schools, workplaces, religious institutions, and healthcare providers were all affected by the worst global healthcare crisis in 100 years. Even...more
Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more
David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in Austin, Texas, on September...more
Spoiler alert: In case you haven’t seen the movie yet, Old Yeller dies in the end. And the whole world cried. And they still do, as the film continues to captivate new generations of audiences since its original release in...more
If you’ve tried to secure a court reporter recently for your litigation but have struggled to schedule one, you’re not alone. Last month, Jim Cudahy, former executive director of the National Court Reporting Association...more
In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as Michael Tuteur and Andrew Yost, attorneys...more
If we rewind to about two years ago, as we were getting confirmations of a novel virus in China, few of us at the time would have had the imagination to envision the scope of disruption and devastation that would follow in...more
Courts across the country are temporarily suspending jury trials amid the Omicron variant wave. Prior to that surge, many jurisdictions had resumed criminal and civil jury trials with health and safety protocols. ...more
When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the...more
Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal...more
A number of years ago, innovators searching for ways to take some of the pain, delay, and difficulty out of the jury trial hit upon the idea to boil it down, rein in the discovery, simplify the rules of evidence, and try it...more
When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more
As we previously reported, Judge Bough of the U.S. District Court for the Western District of Missouri denied an insurance carrier’s motion for summary judgment in K.C. Hopps Ltd. v. The Cincinnati Ins. Co. Inc., No....more
Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more
An insurer has won the first jury trial on coverage for Covid-19 business interruption losses after a federal jury in the Western District of Missouri issued a verdict in favor of The Cincinnati Insurance Company in K.C....more
Every jury selection involves a variety of issues relating to how potential jurors could feel about the specific case. But there is one issue that is relevant in every current jury selection for an in-person trial: What is...more
Cryptocurrency Regulation and Enforcement at the US Federal and State Levels - The intensifying focus in recent months on cryptocurrency regulation and enforcement at both the federal and state levels demonstrates digital...more
With the emergence of new COVID-19 variants and vaccine hesitancy among some in the United States, a “return to normal” for in-person jury trials remains elusive. Courts that postponed jury trials until they could be held...more
The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in...more
With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet...more
In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today,...more
As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and...more
This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their...more
As courts tentatively start to reopen in person, the extent to which remote proceedings will remain is uncertain. But when COVID-19 shuttered courthouses everywhere, Travis County, Texas took the lead in providing courthouse...more
A round table discussion with top litigators and social scientists exploring how major world events such as the COVID-19 pandemic can impact juror attitudes. History proves that major world events impact juror attitudes....more