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
In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more
Movies and television shows often inaccurately depict the courtroom. We usually attribute it to “entertainment.” But what if parts of what they show are accurate? What if the outlandish and unpredictable results depicted can...more
All lawsuits start with the potential to someday reach the view of a jury. Yet, the jury’s perspective is often forgotten by attorneys preoccupied with discovery, motion practice, the preparation of witnesses, and the hiring...more
The use of special interrogatories given to juries to render verdicts has been said to be “admittedly fraught with many pitfalls in the potential conflicts between the general verdict and the interrogatories,” and is “nothing...more
As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize...more
With technological and medical advances, humans are safer now than they have ever been. Along with these innovations and increases in overall safety, people’s belief that they should be absolutely free from the risk of harm...more
IMS Strategy Consultant Dr. Clint Townson delves into jurors’ anti-corporate bias—including how to uncover biases through social media research and counteract them with an impactful company story—as well as ways to avoid...more
IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages. (Part 1 of 2)...more
IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....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
As the new year commences and the pandemic continues, courts across the country are attempting to resume jury trials as quickly as possible, while also focusing on public health concerns. In this context, we reflect on the...more
A BigLaw civil jury trial finished yesterday in the US District Court for the Eastern District of Missouri. The first phase was a 12-day trial that began October 1 and concluded on October 22 with a verdict of $21 million in...more
This blog is dedicated to the proposition that those like me, who want to learn all they can about effective communication and persuasion, can take lessons from almost everything. Even the worst social situations can improve...more
Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring...more
Last week, I wrote about the defense team in the recent criminal case against Roger Stone, and their post-conviction focus on the alleged bias of the jury foreperson. More recently, I saw news of a parallel tack being taking...more
At the end of a two-week trial last Spring, in the case of Montone v. City of Jersey City, a federal jury awarded nine former city police officers $2.17 million in a dispute over promotions. Three weeks later, counsel for the...more
Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more