• Claim for bad legal advice on cash-out merger expired three years after

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,

  • “Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf
  • Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf
  • ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/hilite/
  • Trucker’s promise to buy shipping broker supported $5.7 million promissory estoppel verdict. http://www.ca5.uscourts.gov/opinions/pub/17/17-20725-CV0.pdf

Note

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track

In this penultimate installment of my series on preparing difficult witnesses (DWs) for trial, we get to some of the real nitty-gritty: Learning the story of me, doing a full interview, and then explaining what matters and why. As will become clear, the sequence matters — a lot.
Continue Reading Preparing difficult witnesses for trial: Story of me, full interview, and explaining what matters and why

For your client to win at trial, the trial lawyer in you must tell a human story, one that moves jurors to decide in your client’s favor. Flesh-and-blood witnesses fill essential roles in the drama. So-so ones will turn the story to mush, and bad ones will allow your friend on the other side to beat you and your client about the head and neck with it. Difficult witnesses – DWs – therefore pose a risk you must use all your talents and powers to manage.

How can you prepare DWs for their potentially pivotal turn on the courtroom stage? In this series of posts, I offer thoughts from 33 years of trying cases.
Continue Reading Preparing Difficult Witnesses for Trial — Part 1