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Law.com

Force Majeure Clauses Are Taking Center Stage in Uncertain Times

Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
8 minute read

Litigation Daily

A Defense Embrace for the 'Accountability' Theme

Christa Cottrell of Kirkland & Ellis shared some insightful observations with me a few months ago about how she thinks the pandemic has affected potential jurors. She said "accountability" is key to reaching them now.
4 minute read

Law.com

How to Build the Law Firm of the Future

The onus is on law firm leaders to balance risk and opportunity. How can firms guide through an increasingly perilous landscape rife with opposing hazards to start building the law firm of the future today?
10 minute read

Litigation Daily

Strategy #3 for Dealing With 'Outsized' Damages Awards: Simplify Your Damages Presentation, Make It Part of the Story

Wilmer's Bill Lee and trial consultant Jamie Laird say lawyers should not only strive to make their damages case "simple, clear and brief," but they need to link it to the overall trial story.
6 minute read

Law.com

Cool Your (Data) Jets! Reducing Your Organization's Carbon Footprint with a Data Retention Policy

Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they're likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That's right: storing your company's data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
7 minute read

Litigation Daily

Strategy #2 for Dealing With 'Outsized' Damages Awards: Rethink Jury Selection

Jamie Laird, the president of Laird Trial Consulting LLC, says trial teams need to account for the damages tendencies of jurors early in the process.
7 minute read

Litigation Daily

Strategy #1 for Dealing With 'Outsized' Damages Awards: Focus Courts on the Experts

With the uptick in $10 million-plus verdicts, Wilmer's Bill Lee thinks lawyers should be focusing courts on consistently applying Daubert to challenges to expert damages testimony.
8 minute read

Litigation Daily

The Post-Pandemic Uptick in BIG Damages Awards (and What to Do About it)

Bill Lee of Wilmer Cutler Pickering Hale and Dorr and Jamie Laird, the trial consultant he estimates he's taken to trial with him 50 times over the past decade-and-a-half, see a current rise in jury damages awards that mirrors what occurred after the 2007/08 financial crisis—and they have some ideas about what to do about it.
4 minute read

Texas Lawyer

Opinion: An Appeal for Restorative Litigation

After nearly five decades of dealing with this, I've been looking for a better way to work—and to live.
6 minute read

Litigation Daily

Some Strategic Approaches to Deposing Adverse Fact Witnesses

Building a rapport with a witness, especially a fact witness testifying for the first time, can pay dividends—as can a pre-deposition sweep of the target's social media presence.
5 minute read

More from ALM

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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