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Recent Articles

Telling Stories to Reverse the Tide: How Minorities Change Majorities

By Sidney K. Kanazawa and John G. McCabe

We use narratives to categorize, organize, and interpret incomplete information.


The Empty Chair: Party Officers and Amended Rule 45

By Jason M. Knott

Are officers and directors of a party corporation required to testify at trial?


Habit and Routine-Practice Evidence

By Ben Stone

An exception to the bar against proof of character.


Three's a Crowd: The Impact of Third-Party Observers on Neuropsychological Exams

By Matthew R. Shindell, Robert J. McCaffrey, and Graham M. Silk-Eglit

Research shows that third-party observation can affect performance on an array of tests.


Tips for Young Lawyers to Acquire Litigation Experience

By Brandon C. Helms

Increase your odds of doing the work you always dreamed of doing.


Attorney Fees Now Easier to Recover in Patent Litigation

By Jim Shelson

Two recent Supreme Court rulings help prevailing parties in cases against patent trolls.


Five Tips for New Attorneys Ready to Practice in Personal Injury Law

By Adam S. Goldfarb

Get pointers on how to handle auto accidents, worker's compensation, and other types of cases.


Pleading a Claim under the False Claims Act

By Alan Levins and Alison Cubre

Learn how to navigate this important but strict statute from the Civil War era.


No Attorney-Client Privilege for You: The Crime-Fraud Exception

By Adam D. Fuller, Elizabeth Shively Boatwright, and Bryan E. Meek

One of the most critical and time-honored tenets of law is not absolute.

 

Issues in Presentation for a Young Lawyer in Trial Practice

By Sarah A. Santos

A new litigator's views on important early career lessons.


The Latest on the Recoverability of E-Discovery Costs in Federal Litigation

By Jeremy Brown

Varying interpretations of U.S. Code Section 1920 have resulted in confusion about attorney awards.


Fifth Circuit Affirms SPEECH Act

By R. Gregg Mayer

The decision may mark the end of so-called libel tourism.


Amendments Streamline FRCP 45 Subpoena Power

By David C. Kent

The changes to this misunderstood and misapplied rule seek to simplify and clarify collection procedures.

 

Five Fast Tips for Young Trial Lawyers in Court

By Paula H. Holderman and Judge James F. Holderman

Learn the fundamentals from a husband and wife team with a collective 50 years of experience.


Spoliation and Facebook: Don't Toss that "Page" During Litigation

By Ben Stone

One thing is clear: Courts will not countenance deletion or deactivation of a Facebook page.


Attorney Fees in the Context of a Rule 68 Offer

By John B. Pinney and Jeremie W. Imbus

Navigate this often confusing Federal Rule of Civil Procedure.


New Spoliation Rule One Step Closer to Enactment

By Charles S. Fax

The amendments could have a greater impact on the bar in the long run than the various changes to the other rules.

 

The 2010 Amendments to Expert Discovery Rules: Yesterday, Today, and Tomorrow

By Joseph L. Meadows and Michael L. Kuppersmith

Leverage the benefits of your expert and expose the weaknesses of your opponent's expert.


Email and the Business Records Exception

By Jason Knott

When trial rolls around, getting emails before the jury isn't always so easy.


Untangling Appellate Jurisdiction

By Michael R. Lied

The key to cases involving multiple rulings on multiple claims? Simple: find the final judgment.


Preserving Pretrial Issues for Appeal

By Ashley M. Felton

Litigants should be aware of hazards in the Federal Rule of Evidence 103(a) post-2000 amendment.


Employer Botches Offer of Judgment

By Michael R. Lied

Inartful drafting required an employer to pay the plaintiff's attorney fees, too.


Judging Your Job Search

By Kathy Morris

How a job search is like litigating a trial.

 

Federal Spoliation Rule Moves Forward

By Charles S. Fax

The first in a two-part series examining court decisions involving spoliation.

 

My Odyssey: From Litigator to Litigation Consultant

By Daniel J. Bender

A litigation graphics expert describes his unexpected career path.

 

Effective Communication in Expert Testimony

By Denise Montiel

A trial consultant explains how to coach expert witnesses in communicating with jurors.


The Billion-Dollar Question: Bias or Misconduct?

By Cynthia R. Cohen

Federal court dismisses Samsung's motion for a new trial claiming juror misconduct by foreperson.

 

No Waiver of Attorney-Client Privilege for Extrajudicial Disclosures

By Michael R. Lied

The Illinois Supreme Court rules on subject-matter waivers.

 

Fraudulent Communications Result in Personal Jurisdiction

By Michael R. Lied

A breach-of-contract case about a property deal gone awry provides a good example of how a defendant's fraudulent acts can subject someone to a state's personal jurisdiction.

 

Learning to Love Direct Examination

By Sara E. Kropf

Although not as sexy as its sister, cross-examination, effective lawyers know cases are won when one side's presentation is more persuasive than the other side's. Here's how to make this moment count.

 

Defense in the Age of Social Media

By Angela C. de Cespedes Wenke

In this brave new digital world, attorneys are increasingly turning to social-networking sites such as Facebook to prove opponents' claims are baseless or exaggerated.

 

Accurately Predicting the Outcome of Your Case

By Jessica Hoffman Brylo

A lawyer's judgement of a case is crucial in knowing how much to settle for, and how to persuade a jury.

 

A Young Lawyer's Guide to Rule 11 Sanctions, Part II

By Melissa L. Stuart

A motion has been filed. Now what?

 

The Golden Rule in Closing Arguments: Is it Still a Rule?

By Anne-Marie Mitchell and Jay Gulotta

In most jurisdictions, it is still a rule that trial lawyers may not ask jurors to put themselves in the shoes of one of the parties.

 

Getting the Best Results from Opening Statements

By David T. Lopez

The opening statement is an opportunity to arouse jurors' interest, build rapport, and present the case in a manner that attracts sympathy and support.


Ethical Preparation of Witnesses for Deposition and Trial

By Erin C. Asborno

Attorneys must balance their duty to clients with their ethical obligations to the court.


Illinois Supreme Court Clarifies Duty Analysis in Negligent Product Design Cases

By Jason P. Eckerly

The key issue in a negligent design case is whether the manufacturer exercised reasonable care in designing the product.


Supreme Court to Review Constitutionality of Health-Care Law

By Jim Shelson

The Court grants certiorari to review various challenges to the Patient Protection and Affordable Care Act.


Second Circuit Reverses Bench Verdict on "Hot News" Misappropriation

By Theresa M. House

The Second Circuit rules that claims under New York's long-recognized "hot news" misappropriation tort were preempted by the Copyright Act of 1976.


What to Do When the Deal Goes Bad

By Peter French

Your preparedness to respond to a client's call for help is critical.


A Young Lawyer's View on the Importance of Persuasive Writing

By Bryan M. Pritikin

As an attorney, you must be as confident in your writing as you are in your ability to stand in front of a jury and present your case.


Appeals Court Examines Amounts in Controversy

By Michael R. Lied

In two recent cases, the Seventh Circuit Court of Appeals considered how to determine what amount of money is at issue in a lawsuit.


Court Shuts Down Expansive Interpretation of Stream of Commerce Personal Jurisdiction

By Phoebe Coddingto

personal jurisdiction is appropriate over foreign entities only when the contacts with the forum state are systematic and continuous.


Going Beyond the Complaint in Motions to Dismiss

By John J. Bajger

Defendants must thoroughly know when they can refer to documents outside of the complaint in a motion to dismiss.


How to Deal With Unexpected Testimony on Direct Examination

By Hayes Hunt, Esq.

You can impeach the credibility of your witness on direct examination with the use of a prior inconsistent statement.


The Employee-Expert Report: To Write or Not to Write?

By E. Barrett Atwood

The report offers cost-savings and efficiencies gained from understanding a party's business in advance of litigation.


California's Expedited Jury Trials Act: Cost-Effective Justice or Wishful Thinking?

By John J. Freni

The Act is intended to provide parties with a voluntary cost-effective method to resolve civil disputes through one-day jury trials.


Beware of the Bankruptcy Court's "Related To" Jurisdiction

By David B. Goodman

Disputes that do not fall within the court's jurisdiction are put on hold until the "related" dispute is resolved.


Resolving Cases Early: Effective Negotiation and Mediation Strategies

By David T. Lopez

Techniques for resolving a case early are often casually disregarded.


Rethinking the Affidavit

By Erik Stock

Amended Rule 56 now specifically provides for the use of unsworn declarations to support (or oppose) motions for summary judgment.


Goodbye Legal Pad, Hello iPad

By Bryan M. Pritikin


Enhanced Protections for Communication Between Experts and Counsel

By Phoebe Coddington


Question of Bad Faith Brought to a Jury Prior to an Adverse Inference Instruction

By Kathleen M. Kramer and Sandra B. Wick Mulvany


Knowing Your Way Around the Rule 26(f) Conference

By Alan Stevens


Litigating Conflicting Procedures in Separate but Related Agreements

By Liz Klingensmith


Working With the Seven-Hour Time Limit for Depositions in Federal Court

By Yasser Madriz and Ben Allen


Eight Tips for Obtaining (Un)favorable Admissions at Deposition

By Brian Antweil and Ben Allen


Go Virtual: Forget What You Fear about Shadow Juries

By Cynthia R. Cohen


Working with Experts

By John F. X. Peloso


Dongles and the Digital Millennium Copyright Act

By Linda M. Glover


Preserve Evidence Early: Litigation Holds Support Claims Of Work Product

By Breana Smith


More Effective Closing Arguments: Making Your Point Without Screaming

By Bill Wagner


Convict Fails to Establish Race-Based Rejection of Jurors

By Michael R. Lied


First Phase of Seventh Circuit Electronic Discovery Pilot Program Nears End

By Michael R. Lied


Argument

The Supreme Court Just Changed Everything You Think You Know About How to Plead or Attack a Civil Complaint

By Kenneth S. Klein


Supreme Court Curtails Federal Jurisdiction Over Arbitrability Disputes

J. Noah Hagey


Using the Lessons of Aristotle to Present Outstanding Oral ArgumentsPDF

Lawrence D. Rosenberg


Authentication

Objections to the Admissibility of Email

By Todd Flaming


Bench Briefs

Writing a Winning Legal Argument: What To Do and What Not To Do PDF

By Lawrence D. Rosenberg


Writing Winning Briefs

By David R. Cohen


100 Days to Trial

By Mark A. Dombroff


Great Briefs and Winning Briefs

By Mark Herrmann and Katherine B. Jenks


A Judge's 10 Tips on Courtroom Success

By Susan Steingass


Competency

Experts Are Liable, Too: Client Suits Against 'Friendly Experts' Multiplying, Succeeding

By Mark Hansen


Examining the Experts


Daubert

Dusting for Daubert: Several Defense Lawyers Argue Fingerprint Evidence Is Not Scientific

By Mark Hansen


Jury Box

Persuasion Starts with Strategy

By Chris Dominic and Bruce Boyd


The Stealth Juror: Reality or Rarity?

By John D. Gilleland, Ph.D. and Jocelyn V. Cinquino, J.D., M.A.


Jury Reform: A Status Report on the Case Law

By Brooks Burdette and Catherine Armentano


Why Gen Y Jurors Bring a New Dynamic into Deliberations

By La Verne Morris, M.P.S. and Laurie Kuslansky, Ph.D.


Laying/Avoiding Error in the Record

Appealing Evidence

By James Harris


Your Honor, I Object

By Jami B. Hotsinpiller


Preserving Appellate Issues

By Eric J. Magnuson and Michael J. McGuire


Objections and Offers: Tell It Again, Sam

By Edward D. Ohlbaum


Jury Instructions: A Road Map for Trial CounselPDF

By Sylvia Walbolt and Cristina Alonso


Motions in Limine

Appeals: Timing Is Everything

By Pamela Beckham


Getting To Dismissal: Tactics for Narrowing the Issues and Resolving Your Case

By Thomas Cottingham III and Stephen M. Nickelsburg


Motions in Limine: The Little Motion that Could

By Christopher B. Mead


Objections and Offers: Tell It Again, Sam

By Edward D. Ohlbaum


Civil Trial Practice Standards—Part 5: Motions in LiminePDF


Notices of Appeal

Going the Distance: How to Perfect the Trial Record and Win on Appeal

By Philip H. Corboy and Susan J. Schwartz


Ninth Circuit: Error in Calendaring Time to Appeal Does Not Amount to Excusable Neglect

By Richard Derevan


Recent Developments in Appellate Advocacy

By Stephen P. Groves, Sr.


Preserving Appellate Issues

By Eric J. Magnuson and Michael J. McGuire


Setting Up Your Appeal

By Franklin A. Nachman


Taking an Appeal

By Lisa Solomon


Appeals: Turning a Loss into a Win

By Michael J. Wahoske


Pointers on Preserving the Record

By Sylvia H. Walbolt and Susan L. Landy


When It's Your Last Chance: Tips on Obtaining Discretionary Review

By Sylvia H. Walbolt and J. Andrew Meyer


Notices to Produce

What Works—Evidence from a Trial Judge's Perspective

By Catherine D. Perry


Practical Advice

Mistakes Lawyers Make

By Linda L. Listrom


Preserving Objections/Offer of Proof

Preserving an Objection for AppealPDF

By Sean M. SeLegue


100 Days to Trial

By Mark A. Dombroff


Your Honor, I Object

By Jami B. Hotsinpiller


Objections and Offers: Tell It Again, Sam

By Edward D. Ohlbaum


Offers of Proof: The Basic Requirement

By Stephen A. Saltzburg


Post-Trial Motions

Posttrial Alchemy: Judgments Notwithstanding the Verdict

By Franklin A. Nachman


Pointers on Preserving the Record

By Sylvia H. Walbolt and Susan L. Landy


Writing & Recordings

A Basic Checklist for Digital Evidence in Federal Courts

By Derek Mogck