In a conference primarily focused on discovery, it might be surprising to learn that the Electronic Discovery Institute’s third annual Leadership Summit recruited a group of in-house litigation lawyers to address several key aspects of trial practice. It seems all the more remarkable given that most matters settle short of trial and that cases are often won or lost during discovery. However, as the panelists clarified during “End-Game Trial: An In-House Perspective of What Happens After Discovery,” a session that occurred on Thursday in Santa Monica, Calif., organizations should be prepared to litigate matters all the way through trial. In doing so, they delineated several issues that in-house counsel should consider with trial practice.
“Know your audience, know your case, and know your judge” was the common sense advice offered by John Hempfling, who is global litigation counsel for Whole Foods Market. Hempfling, an experienced trial lawyer from Austin, Texas, offered other practical tips on a variety of issues. Regarding technology innovations in the courtroom, Hempfling cautioned against “showing up a judge who does not like technology.” Similarly, a jury may or may not find the technology helpful, depending on the facts and circumstances of a case.
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