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Case digests, coverage of key rulings, and analysis of trends
By Jules Epstein | November 17, 2022
Is trial advocacy art, science, or some of each? The answer is definitely the third, although the science part often gets lost in the shuffle or is alleged science with no data to back it up [think 80% of juries decide the case after opening" or "a picture plus words causes 60% fact retention"]. Finding the true science for persuasion takes some work but pays off grandly.
7 minute read
By ALM Staff | November 15, 2022
The decision was selected and summarized by the Law Journal's decision editors.
2 minute read
By John L.A. Lyddane | November 14, 2022
The opportunity to dispute merit in medical malpractice defense provides an important tool for the representation of your client.
8 minute read
By Philip M. Berkowitz | November 9, 2022
The privileged nature of the advice and counsel of employment lawyers must not be taken for granted, and it is hoped that the court's ruling in 'In re Grand Jury' will clarify and provide clear guidelines regarding the privilege's application to counsel's activities.
7 minute read
By Andrew Goudsward | November 7, 2022
"The judiciary, of all people, must make it clear that it is not patriotism, it is not standing up for America to stand up for one man who knows full well that he lost instead of the Constitution he was trying to subvert," Jackson told one Jan. 6 defendant.
8 minute read
By Cassandre Coyer | November 6, 2022
Another Dropbox blunder leading to the release of private emails in the Jan. 6 riots investigation has some asking if lawyers can handle file sharing platforms. For its part, New York is helping attorneys stay ahead of the game with a new cybersecurity CLE requirement.
6 minute read
By Cassandre Coyer | November 4, 2022
Another Dropbox blunder led to the release of private emails in the investigation of the Jan. 6 riots, begging the question: Are file sharing platforms lawyers' kryptonite?
6 minute read
By Andrew Goudsward | October 31, 2022
The select committee's success at using pre-recorded clips of witness interviews to present its findings has attorneys bracing for a wider use of video depositions on Capitol Hill.
6 minute read
By Allison Dunn | October 28, 2022
"This case took place during a pandemic where court procedures departed from the norm," Judge Melanie G. May wrote on behalf of the three-judge appellate panel. "Plaintiff's counsel should have been aware of the trial court's instructions, but once it became apparent that plaintiff's counsel was not in compliance with those instructions, his only alternative was to ask for additional time to comply, which he did. The court had already ruled on the plaintiff's entitlement to fees and costs, but then refused to award them when plaintiff's counsel failed to appreciate the procedures required due to the pandemic."
6 minute read
By Cassandre Coyer | October 26, 2022
E-discovery experts expect the long-awaited update to the SEC's electronic recordkeeping rule to be easy for companies to comply with, though they recognized the transition could be "burdensome" at first.
5 minute read
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