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Trial Strategy

What you need to know about e-discovery in the year ahead

Reflecting the always-changing world of technology, electronic discovery presents new challenges for lawyers in 2013. At the forefront: social media evidence, smartphone data and the judicial blessing of a new form of discovery review.

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Courts weigh in on social media discovery requests

Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions. But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to ...

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Turning expert witnesses’ data into meaningful testimony

Lawyers care about an expert’s credentials, how the expert’s opinions support their case, and the expert’s ability to withstand cross-examination. Experts care about their reputation and how to balance objectivity with assisting their client’s case. Jurors just want to figure ...

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Trial lessons: Juries see more than just the evidence

Don’t wear a pinky ring. Don’t wear monogrammed shirts. Don’t drive your fancy sports car to the courthouse. These are some of the rules lawyers follow if they don’t want to alienate jurors on Day 1. Why? Because juries are ...

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The illusion of ‘Big Data’: Calculating jury risk

Often, when conducting research on verdicts or preparing for trial, we turn to statistics to better calculate risk. We look up previous cases and examine their outcomes. We ask other attorneys about their verdicts. Sometimes, we even conduct statistical jury research to build a jury profile for use in jury selection. However, even armed with such information, incorrect estimations of risk happen more than we may think.

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