Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
Podcast - Getting Dressed for Court
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Podcast - Presentation is Paramount
Podcast - Voice and Delivery
Podcast - Think Outside the Script
Podcast - The Witness Outline
Podcast - Crafting Winning Strategies: Theories and Themes in Trials
Targeting Safetyism in Defense Voir Dire | Episode 71
The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti
For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated. Many of...more
The assassination of UnitedHealthcare CEO Brian Thompson ignited a complex array of public reactions. Amid the standard shock and sympathy, many less orthodox responses emerged: expressions of dark humor, bitter comparisons...more
In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more
Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more
Social media’s influence on American society carries major implications for the public’s perception of current events. With headlines reaching millions of consumers within minutes, public outrage over racially charged crimes,...more
Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...more
With the rise of social media, there is now a great deal of public information existing on the internet about many individuals. As part of jury selection, this information can be gathered and analyzed to provide attorneys...more
With today’s ever-changing political climate, a juror’s political affiliation is an important factor to consider throughout the voir dire process. Political attitudes can create gridlocks, contention and animosity among...more
It can be helpful to think of the information that we are exposed to in the same way as we think about the food we consume: a diet. Like a diet, the information consumed is not the same for everyone, and it is not the same...more
When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
Many to most of my readers will be old enough to remember when there was no Internet. Or, perhaps, you’ll remember a time when “going online” meant connecting through a noisy modem and a telephone line. Even more of you will...more
The idea of a courtroom trial is that it is a sealed system. The fact-finders arrive in a neutral state of mind, they receive and review only what is vetted and presented in court, and then they deliberate to a verdict...more
As our team was conducting a recent social media analysis on a jury pool, one particular potential juror stood out. He was, as he proudly proclaimed in his public online messages, a “flat-earther.” And this belief of his,...more
Litigating companies Google and Oracle have mutually agreed, at the strong recommendation of the presiding judge, to refrain from researching the social media accounts of a potential jury pool before and during a high stakes...more
What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more