Litigation Daily | Best Practices
By Ross Todd | October 13, 2022
"What our practice is all driving towards is trial and that moment where you stand up and you have somebody decide are you going to win or are you going to lose," Hacker said. "Mocks are the first opportunity to get that feedback about your case—and a pretty close corollary to trial."
Litigation Daily | Best Practices
By Ross Todd | October 11, 2022
That lawyer who is cross-examining you might as well be a robot, says Boies. "It's going to have every aspect of a human being except you can't persuade them, you can't intimidate them, you can't control them, you can't change their mind."
Litigation Daily | Best Practices
By Ross Todd | October 4, 2022
"They're getting all of this with a fresh mind," says the Houston-based trial consultant of jurors. "You have to educate them and convince them—all with the chess clock running and the other side standing up and saying the exact opposite of what you're saying."
Litigation Daily | Best Practices
By Ross Todd | September 29, 2022
Asking the whole panel of potential jurors scaled questions about issues that actually apply to a case can yield a dataset to drive peremptory challenges.
Litigation Daily | Best Practices
By Ross Todd | September 21, 2022
Even Phillips—who in nearly four decades at Sidley Austin has more U.S. Supreme Court arguments in private practice than anybody—felt like he was frozen to his seat during his first argument at the High Court.
Litigation Daily | Best Practices
By Ross Todd | September 20, 2022
The co-chair of the commercial litigation group at Debevoise & Plimpton has a message for defendants facing a certified class: "Don't take counsel of despair."
Litigation Daily | Best Practices
By Ross Todd | September 15, 2022
Charla Aldous of Aldous \ Walker in Dallas and Steven Quattlebaum of Quattlebaum, Grooms & Tull in Little Rock, Arkansas, walk through their respective approaches to preparing closing arguments.
Litigation Daily | Best Practices
By Ross Todd | September 14, 2022
Cris Arguedas discusses the 100-hour, 50-draft effort that went into her opening statement for FedEx Corp. when the company was accused of conspiring with online pharmacies to ship drugs based on bogus prescriptions. Just four days after her opening in the 2016 bench trial, the government dropped its case.
Litigation Daily | Best Practices
By Ross Todd | September 12, 2022
Zach Hafer, who spent 14 years as a federal prosecutor in Boston prior to joining Cooley last year, says closing arguments are where a lawyer takes the complex and makes it simple, uses visuals to do so, and gives the jury a roadmap for deliberations.
Litigation Daily | Best Practices
By Ross Todd | September 8, 2022
Welch had an expert witness apologize to the court on the stand during her cross in a recent opioid trial in West Virginia.
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