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

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.

 

Getting the Best Results from Opening Statements

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.

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 Arguments | 

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 | 

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 Counsel | 

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 Limine | 

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 Appeal | 

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