Trials
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Litigators, Technology, Trials
What 'Game Of Thrones' Can Teach Lawyers About Trial
Timelines are a tool to do what you should be doing throughout your trial: telling a story. -
Crime, Trials
Who Needs The Presumption Of Innocence, Anyway?
When you're the one in the back seat of the police car, you'll be begging for that presumption of innocence. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Litigators, Women's Issues
Women Continue To Be Shut Out As Lead Counsel
Women's voices are seldom heard in New York courts.
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Crime, Trials
The Secrets Of Cross-Examination
The toughest part of being a trial attorney, whether criminal or civil, is pulling off an excellent cross. -
Morning Docket
Morning Docket: 07.31.17
* After the spectacular failure that was the “skinny repeal” bill, President Trump has called for the filibuster to be abolished to prevent Senate Republicans from “look[ing] like fools.” Sorry, but a bipartisan majority has already opposed eliminating the filibuster for legislation, and Senate Majority Leader Mitch McConnell has no desire to do away with it. [CBS News]
* “If we are not careful, when we wake up from the Trump presidency, our justice system may be broken beyond recognition.” Sally Yates, the former acting attorney general who refused to enforce President Trump’s travel ban, wrote an excellent op-ed piece for the newspaper of record on the need to protect the Justice Department — and the rule of law — from Trump. [New York Times]
* A preemptive congratulations? Word on the street is that Deputy White House counsel Gregory Katsas is currently leading the pack when it comes to consideration for the vacancy on the D.C. Circuit. As mentioned previously here at Above the Law by my colleague David Lat, “If Greg Katsas wants it, then he’ll probably get it” — and right about now, it seems like Greg Katsas wants it. [NPR]
* White House communications director Anthony Scaramucci’s expletive-laced public meltdown has people wondering what he was really like when he went to Harvard Law. Aside from the “leaked tapes” from Professor Laurence Tribe’s constitutional law class, we bet you didn’t know that Scaramucci once fouled President Obama on a basketball court before he graduated. [Law.com]
* “Drain the swamp. Drain the sewer that is the DOJ. MAGA.” Jury deliberation begins today in Martin Shkreli’s fraud trial. Will the disgraced pharma bro be sent to jail for his alleged crimes, or will he be set free into the wilds of Manhattan to relish in his own douchebaggery? We suppose we’ll soon find out. Best of luck to Mr. Shkreli, as he may need it. [DealBook / New York Times]
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Crime, Dan Markel, Deaths, Murder
The Dan Markel Case: Katherine Magbanua Turns Down A Deal
Who's paying Katie Magbanua's legal fees will remain a mystery, and her trial date has been set. -
Crime, Dan Markel, Deaths, Job Searches, Murder
The Dan Markel Case: Wendi Adelson Finds A New Job
Any negative views people might have about Wendi Adelson haven't stopped her from landing a prominent post. -
Morning Docket
Morning Docket: 07.19.17
* Former National Security Adviser Michael Flynn is trying to raise funds to pay for his legal bills thanks to the numerous investigations into the Trump campaign’s possible collusion with Russia. His legal tab could range from hundreds of thousands of dollars to about $1 million. Someone, anyone, please tell this man to set up a GoFundMe account. [Bloomberg Politics]
* Earlier this week, Justice Neil Gorsuch, who was in favor of completely reinstating President Trump’s travel ban from six majority Muslim countries, regaled a group of newly naturalized citizens with his thoughts on the importance of tolerating different viewpoints during “polarizing” times, even if it’s difficult to do. We are living in very strange times. [Associated Press]
* The law school brain drain continues to wreak havoc, with a 45 percent drop in applicants with LSAT scores of 160 or above over the past six years. How in the world can law schools convince these people to apply? Eleven leaders offered their (painfully obvious) ideas, with many of them saying tuition costs must be lowered in light of the state of the weak job market. Gee, ya think? [Law.com]
* According to a study released by Yale Law School and the National Asian Pacific American Bar Association, Asian Americans may be the fastest growing minority population in the legal profession, but they seem to have hit a “legal glass ceiling” when it comes to attaining leadership positions in private practice, academia, and public service. We may have more on this. [Washington Post]
* “I hope to see you and your four children homeless. I will do whatever I can to assure this.” Martin Shkreli is such a peach. A letter the pharma bro allegedly sent to a former employee’s wife was entered into evidence earlier this week during testimony on the manipulation of Retrophin, one of the eight fraud charges Shkreli is currently facing at trial. [DealBook / New York Times]
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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, In-House Counsel, Litigators
6 Thoughts On Trials, 2 Worth Reading
In-house columnist Mark Herrmann shares insights obtained from trials he has observed. -
Litigators, Trials
Story Matters. Don't Lose The Narrative In The Details.
The story is what a jury or factfinder will care about -- not the tiny details that litigators sometimes obsess over. -
Boutique Law Firms, Litigators, Small Law Firms
Advocate Differently For Different Adversaries
Conform your advocacy strategies to your adversary. -
Justice, Trials
Prosecutors Want Martin Shkreli To Just Shut The Hell Up
This guy is why gag orders were invented. -
Litigators, Trials
Not All Trial Lawyers Can Handle All Kinds Of Trials
Make the right choices in what you handle to develop the career that is right for you.
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Sponsored
The Business Case For AI At Your Law Firm
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
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Crime, Dan Markel, Deaths, Murder
The Dan Markel Case: The Wheels Of Justice Turn Slowly
When will alleged hitman Sigfredo Garcia stand trial? -
Morning Docket
Morning Docket: 06.23.17
* Federal investigators are delving into multimillion-dollar deals involving former Trump campaign manager Paul Manafort and his son-in-law, Jeffrey Yohai. [New York Times]
* The Fifth Circuit lifts the injunction against H.B. 1523, Mississippi’s notorious “religious freedom” law that many regard as antigay (but the court ruled on jurisdictional rather than gay-hating grounds). [Texas Lawyer]
* In the wake of a mistrial in the criminal case against him, Bill Cosby plans to educate young men on how to avoid accusations of sexual assault. (My advice: don’t commit sexual assault.) [New York Times]
* The Fourth Circuit affirms almost all the convictions of ex-CIA officer in a leak case — a potentially significant ruling if the Trump administration follows through on its threats to prosecute leakers. [How Appealing]
* The Seventh Circuit declines to reinstate the conviction of Brendan Dassey, the defendant made famous by Making A Murderer. [ABA Journal]
* Martin Shkreli, aka “Pharma Bro,” is gearing up for trial — and, for the record, he is “so innocent.” [New York Times]
* More disturbing news from my ancestral homeland of the Philippines, involving accusations that the police are shaking down families in distress as part of President Rodrigo Duterte’s “war on drugs.” [Washington Post]
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Trials
Some Thoughts On What Might Happen If The Bill Cosby Case Is Retried
Will the prosecution be able to do any better the next time around? -
Crime, Rape, Sex, Sexual Harassment, Trials
Bill Cosby Jury Deadlocked, Because 12 People Can't Actually Agree On What Rape Is
We can't get 12 people to agree on consent, which is why we fail. -
Celebrities, Crime, Trials
Why Bill Cosby Didn't Testify
Putting any defendant on the stand, even one as well-seasoned in front of an audience as Bill Cosby, is a risk. -
Boutique Law Firms, Small Law Firms
Be The Authority In The Courtroom
To win for your clients, be the best lawyer for your clients, period. -
Jury Duty, Minority Issues, Trials
Jurors Get Serious About 'Black Lives Matter'
Black or white, everyone wants their neighborhoods to be safe. They just don't want to be stopped arbitrarily because of the color of their skin.