A Dozen Great Litigation Podcasts

What follows is a list of 12 well-made podcasts that address legal issues of broad interest to litigators in the United States. It’s not a collection of “best podcasts” or an endorsement of any individual podcast or its producer. Instead, think of this list as that small sliver of the podcasting universe deserving of the…

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AI-Generated Evidence Calls for Searching Judicial Inquiry

So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive, even when false or fanciful. And they each have the potential to undermine the integrity of the civil justice system by injecting difficult-to-detect, compelling-but-unreliable digital materials into legal…

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How Jury Instructions Can Support Deposition Preparation

Experienced litigators often describe successful trial preparation as a process that begins with identifying desired outcome, followed by “reverse engineering” the constituent parts of the desired result. In most cases, the constituent parts of civil litigation leading to a successful jury trial are the pleadings, pretrial discovery and deposition practice, witness testimony at trial, trial…

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Tech Titans Invoke, and Grow, Apex Deposition Doctrine

Plaintiffs’ attorneys often hope to put a famous face on the business end of lawsuits against corporate defendants. The sight of a celebrity from the business world answering uncomfortable questions creates courtroom drama and, sometimes, a “wrong” for a motivated jury to “right.” And while testimony from a high-level corporate executive can be relevant in…

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