Trials
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Social Media, Trials
Please Tell Me That You Don't Use Facebook
Anything that goes up on a site that others can view, whether or not that network is private, is vulnerable and subject to discovery. -
Small Law Firms
Accept Your Thankless Job Or Get A New One
You can find a stage somewhere if you want people to applaud your work, and then you should quit your job as a trial lawyer. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Crime
Getting In Over Your Head As An Attorney
How do you learn that a case is more than you're ready for? Sometimes, the hard way.
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In-House Counsel
How Litigators Evade The Question Of Trial Experience
In-house folks are correct to look for trial experience in their trial lawyers as a matter of self-defense. -
White-Collar Crime
When Investigators Do Too Little And Judges Do Too Much: Some Thoughts On Larry Nassar
Even a monster like Larry Nassar deserved better than this. -
Small Law Firms
Be A Real Trial Lawyer: Be A Generalist
Be that unsexy sounding generalist so you can fight and win for your clients. -
Law Schools
The Dan Markel Case: Katherine Magbanua's New Trial Date
And a statement from the Markel family. -
Small Law Firms
The Gift Of Argument
Unlike with the holidays, in law, the best gifts are the ones you know are coming. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Biglaw
Former Biglaw Partner Faces Up To 20 Years In Prison For Fraudulent Scheme
Martin Shkreli's lawyer, Evan Greebel, was found guilty on two counts. -
Morning Docket
Morning Docket: 12.22.17
* Judge George B. Daniels (S.D.N.Y.) dismissed a suit alleging that President Trump violated the Constitution’s emoluments clause when his hotels and restaurants did business with foreign governments during his time in office. The reason for dismissal? A lack of standing. [Washington Post]
* Speaking of the president, past vetting (or lack thereof) concerns be damned, because he recently announced his latest round of judicial nominations. Thus far, Trump has had a record number of circuit judges confirmed in his first year. [CNN]
* Simpson Thacher and Kasowitz Benson are being sued for malpractice by the former CEO of Patriot National, who claims the firms are the reason why his company went under and is on the brink of filing for bankruptcy. [Daily Business Review]
* Co-conspirator or victim? That’s what jurors will have to decide when it comes to former Katten Muchin partner Evan Greebel, who once represented pharma bro Martin Shkreli. [New York Law Journal]
* UCLA Law School is creating the Chris Cornell Scholarship, named for the late Soundgarden/Audioslave singer, endowed with a $1 million gift from a coalition led by his widow, Vicky Cornell. This is a wonderful way to remember an amazing artist who was an amazing human being. [Los Angeles Times]
* It’s finally here, a listing of the Top 10 Most Ridiculous Lawsuits of 2017. Topping the list is the woman who sued because she claimed she was “deceived” by amount of sugar in jelly beans. [U.S. Chamber Institute for Legal Reform]
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Law Schools
The Dan Markel Case: The Latest Developments
As another year draws to a close, the killers of Dan Markel have not yet been brought to justice. -
Small Law Firms
Trust Your Gut, Lawyers
As a lawyer develops her judgment, trusting her gut becomes an essential part of how she can serve her clients and help them win. -
Small Law Firms
Take The Extra Step To Help Your Clients
Coming in prepared for the multiple scenarios that may arise can help substantially to reach your client’s goals.
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
The Business Case For AI At Your Law Firm
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Sponsored Content, Trials
The Corporate Litigant: Tips For Addressing Juror Bias Toward Corporate America
Critical considerations in order to put the right face on your client. -
Plaintiffs Firms, Trials
Is The Era Of Alternative Dispute Resolution Good For The Civil Justice System?
The replacement of the trial with mass mediations and other forms of alternative dispute resolution is changing the civil justice system. -
Morning Docket
Morning Docket: 11.10.11
* One of Roy Moore’s former law school classmates says he isn’t surprised that the former judge was accused of having a “sexual encounter” with an underage girl. He warns Alabama to “beware of false prophets,” because he’s seen “Bible-thumping, God-fearing hypocrites” all his life — and Moore is one of them. [Washington Examiner]
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President Trump’sthe DOJ’s chagrin, AT&T has no plans to sell CNN in order to push through its deal with Time Warner. [DealBook / New York Times]* Earlier this week, the Supreme Court released its first opinion of the October 2017 Term, less than a month after hearing oral arguments in the case. Justice “Rapid Ruth” Ginsburg wrote the Court’s unanimous opinion in record time. [Associated Press]
* Who is Kate O’Scannlain? You’re not the only one who has no idea, but she’s the Trump administration’s pick for solicitor of labor. You may be familiar with her dad, though. He’s a senior judge on the Ninth Circuit. [Big Law Business]
* According to a new report by the Diversity & Flexibility Alliance, although 2017 was a record year, women are still lagging behind men when it comes to making partner in law firms. This is apparently news to some people? [American Lawyer]
* A juror who was dismissed from Senator Bob Menendez’s bribery trial says she thinks this is going to end in a hung jury. She says if she would’ve stuck around, “he would have been ‘not guilty’ on every charge.” [New York Post]
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Crime, Trials
Sorry, Jurors, But Criminal Defense Attorneys Almost Never Know If Their Clients Are Guilty
Defense attorneys weren't present at the scene of the crime, so how could they possibly know the truth? -
Morning Docket
Morning Docket: 10.23.17
* According to Justice Gorsuch, you don’t need to “suppress[] disagreement” to be civil. Disagreeable, eh? Maybe this is why there seems to be such animosity between him and Justice Kagan. [Associated Press]
* President Trump has reportedly promised to pay $430,000 to “defray the costs of legal fees for his associates, including former and current White House aides.” Meanwhile, some of his former associates have lawyers’ bills from the Russia probe that are higher than that. [Axios]
* President Trump has apparently been interviewing candidates (i.e., Biglaw attorneys with close connections to Rudy Giuliani and Marc Kasowitz) for key U.S. attorney positions, which is outside the norm for most presidents. Despite the gravity of the situation, Senator Lindsay Graham had a clever quip about the situation: “It’s kind of an extension of ‘The Apprentice,’ I guess.” The ratings on this will be YUGE. [CNN]
* “She can leave the country or she cannot get her abortion, those are her options?” Over the objections of the D.D.C. judge who ruled that the government must allow an undocumented 17-year-old seeking an abortion to get one, thanks to the D.C. Circuit, she needs to find a sponsor and further delay the procedure. [New York Times]
* Ex-Kaye Scholer partner Evan Greebel is on trial for conspiracy, and he’s desperately trying to distance himself from his former client, Martin Shkreli. He claims this was a big misunderstanding, and that he was victimized by Shkreli. [Big Law Business]
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Jury Duty, Trials
Taking The Stand: I Testify In Front Of A 12-Person Jury
While it was interesting to engage in a brief role reversal by taking the stand, the experience was more uncomfortable than exciting. -
Litigators, Trials
Do Not Worry (Generally) About Overpreparing
Instead, you should worry about not being prepared enough.