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Litigation Daily

To Cross or Not to Cross?

During a presentation on cross-examination sponsored by the ABOTA Foundation, Juan Delgado of Ford, Walker, Haggerty & Behar and Doris Cheng of Walkup, Melodia, Kelly & Schoenberger discussed the advantages of letting some witnesses leave the stand without questioning them.
4 minute read

Litigation Daily

Maybe Taylor Swift Can Help? Defense Lawyers Turn To Tay-Tay for Tips on Addressing Nuclear Verdicts

Certified Swifties Ashley Fetyko and Cayce Lynch of Tyson & Mendes say defense lawyers can learn from Swift's embrace of nostalgia, storytelling and vulnerability.
5 minute read

Law.com

Determining Law Firm Employee Classification Through the ABC Test

Law firms have traditionally been large consumers of contract labor for a variety of purposes. These workers are traditionally classified as independent contractors, issued a 1099 and treated as ineligible for employee benefits. In recent years, many states have started to adopt the "ABC" test to determine whether a worker should be classified as an independent contractor or an employee.
7 minute read

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

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