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
JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers
Podcast - Are Real Trials Just Like the Movies?
Podcast - Borrowing and the Art of Trial Advocacy
6 Things To Consider Before Litigation
Defending HIMP-1 Claims in New York
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
Storytelling in Closing Arguments
Mastering Legal Writing: Elevate Your Written Advocacy – Speaking of Litigation Video Podcast
In Closing Arguments, Don't Forget to Ask
Using Innovative Technology to Advance Trial Strategies | Episode 70
Getting Rid of Clutter in the Closing Argument
Leyes y Leyendas: 7 Juicios que cambiaron la historia
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more
Recent events suggest that a global settlement in the longstanding hernia mesh multidistrict litigation (MDL) is on the horizon. Most recently, the parties jointly submitted two case management orders on July 5, 2024—CMO #52...more
The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed...more
In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more
Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or...more
What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more
In a case that may hit a raw compliance nerve, Ascension Macomb Oakland Hospital in Michigan has agreed to pay $100,000 in a settlement with the HHS Office of Inspector General (OIG) over free services provided to certain...more
The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more
It’s no secret: plaintiffs’ attorneys want to win big. Using reptile theory, plaintiffs (and their counsel) are enjoying gargantuan jury verdicts. Through thoughtful and strategic lawyering, however, the harsh effects of...more
Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more
Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve...more
Chat applications are a fact of life now. Many employees in all sectors are using it to communicate and collaborate. The prevalence of this data type means that searching only standard document types such as emails is no...more
Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more
At a national conference I spoke at earlier this week, one of the other presenters was Anne Marie O’Brien of Smith Pauley LLP, a very experienced litigator and mediator working out of Omaha, Nebraska. During her talk, she...more
To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more
In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more
In this episode of Regulatory Oversight, Stephen Piepgrass is joined by Nevada First Assistant Attorney General Kyle George and Regulatory Investigations, Strategy + Enforcement attorneys Ketan Bhirud and Michael Yaghi to...more
Where a liability carrier has assumed its insured’s defense under a reservation of rights, a variety of conflicts between those parties may arise when there are settlement discussions to resolve the underlying litigation....more
Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more
When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more
Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more
After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful...more
Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations. The use of conditional and alternative demands and offers...more
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
The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be...more