Litigation
- Transitioning to Happiness
- Teach First–Argue Later
- Discovering How We Will Thrive
- All Persons Having Business
- Sua Sponte
- Writing Effective Settlement Conference Letters
- Proof at the Salem Witch Trials
- Breaking the Silence
- A plane crash victim, 35 years later
- Jury Consultants Are Not Bull
- Discovery Mud Fights
- The Preclusive Effect of Arbitration Awards
- Building Credibility with Judges
- A Long Judicial Winter
- My Half Century Traversing the Arc of Federal Sentencing
- Clients—Those I've Loved and Those I've...
- Gerrymandering Jumble
- What Makes Trials Famous?
- Trying a Trade Secret Case: A Road Map
- Appearing in Tribal Court
- Poker and Judicial Selection
- 'Run for Your Life'
- On the Voting Rights Battlefield: A Moment of Grace
- House of Cards. How Antitrust Litigation Dismantled the NCAA's Foundational Myths
- A Delicate Dance
- Slapping Down SLAPP Suits
- Recovering from Attacks on Judges
- Sua Sponte
- 'Hey, Google, What Did I Search for Last Year?'
- 'Revolution'
- Asia's Data Transfer Landscape?as Diverse as Its Culture
- Fly-Fishing Lessons
- Navigating the Notice and Pleading Requirements for Intervenors under Rule 24(c)
- How to Win Repeat Business. Ten practical tips for litigators
- Ways of Doing
- Away Games
- Ethical Limits on Law Firm Names
- Be Like Mies. Building and Presenting a Simple Storyline
- The Future of AI in Law: Embracing the Hallucinations
- Rock Around the Court
- A Receiver's Colorful Journey into Fraudulent Schemes
- The Architecture of Reply
- Fifty Years of Constitutional Law
- Defending Depositions
- Show Them the Way. Using Feedback to Improve Writing and Writers
- The Women's National Soccer Team's Fight for Equal Pay
- How Artificial Intelligence Is Revolutionizing the Legal Practice
- A Primer on the Finality of Decisions for Appeal
- Invasion of Privacy
- Picking Winners
- Lawyers Are Not Silent
- Is an Adversarial Legal System Well Suited for Delivering Justice?
- Building Confidence: Tips for Trial Lawyers
- Lawyers Are Builders
- Time Is Not on Our Side
- How Effective Trial Attorneys Present
- First Impressions
- A Judge Comments
- Working the Heater Case
- These Are a Few of My Favorite Things
- Nothing but the Truth. The Joy of Impeachment
- Learning Good Judgment
- Legal Ethics and Geofencing
- Expert Evidence Post-Daubert: The Good, the Bad, and the Ugly
- Motion Sickness
- A Front-Row Seat
- How Not to Lie: A Don't-Do-It-Yourself Guide for Litigators
- Identifying Trade Secrets
- Black Women Litigators in Their Own Words
- Reflections on Justice Ruth Bader Ginsburg
- How Not to Litigate a Case
- Appeals: The Classic Guide
- Thoughts on the Electoral College
- Judging and the Rule of Law
- Three Tips for. Finding the Joy in Legal Writing
- Embracing Change
- The Duty to Debrief
- 'All Things Must Pass'
- Styles of Advocacy, the 'Public Mind,' and the National Character
- Litigators Can Learn Much from TV Journalists
- May It Displease the Court
- 'Do You Want to Know a Secret?'
- The Rest Is History: An Interview with Paulette Brown
- An Interview with Gloria Allred
- There Is No Work-Life Balance
- Freedom of Information Act Follows Government Workers Home
- Incentivizing Whistleblowers
- Stage Notes: Lessons from the Theater to Apply in Producing Your Case
- When the 'Taxman' Comes Knocking
- A Framework for Mutual Compliance with Amended Rule 34
- Recovery and Rehabilitation. How to ensure that witnesses testify as expected—and how to recover when they don't
- The 'Muslim Ban' Violates U.S. Law and Treaty Commitments
- Mr. Lincoln's Music
- An Interview with Justice Ginsburg
- Dealing with a Difficult Judge
- A Judge Comments
- Practical Advice for Virtual Mediation
- Feeding the Hunger for Collegial Interaction
- A Day in the Life of an In-House Counsel
- Attorney Credibility in the Courtroom
- In Our Teamwork Era. An In-House Guide to Building the Perfect Case
- Some Friendly, Random Advice on Trial Practice
- Helping to Build Up Expert Witnesses
- 'Expert' Lawyers
- Interview with Judge Jed Rakoff
- Claude Monet and the Theory of Your Case
- The Law Is All That's Left
- From Singularity to Signal: Innocence Clinics and the Integrity of the Legal System
- Five Questions Litigators Should Ask Before Hiring an Investigator
- Prosecutors and Voters Are Becoming Smart on Crime
- Miranda Memories
- The Triangle Fire Tragedy, Trial, and Triumph
- Truth and the Practice of Law: What's Gandhi Got to Do with It?
- Why We Can't (Just) Wait
- Effective Strategies for Cross-Examining an Expert Witness
- Burdens of Proof or Burdens on Truth?
- 'We Can Work It Out'
- Parental Alienation Is Real
- Dividing Contigency Fees After a Lateral Move
- 'Come Together'
- Martin Luther King's 'I Have a Dream' Speech, Part II
- Respect for the Judiciary
- When Judges Impose Sanctions
- Having It All
- Was There Ever a Serious Debate About Whether to Approve the Constitution?
- Truth and Common Sense
- Is There Any Virtue in Hypocrisy?
- Improving Decision-Making Under Stress
- How I Learned to Be a Great Litigator
- Execution Methods and Evolving Standards of Decency
- From the bench. Judicial Transparency and Blogging Judges
- The Innocent Abroad
- Can a U.S. Court Order Foreign Discovery for a Foreign Use?
- The rhetorical reasons why Martin Luther King's "I have a dream" speech is one of the Greatest 20th century American oratorical gems
- The Pentagon Papers
- Fee Disputes with Clients
- Repairing the Cracks of Structural Racism and Building a New Foundation. The Fight for Racial Justice in the Garden State
- "Democracies Die Behind Closed Doors" Damon J. Keith, In Memoriam
- Judgment at Amarillo
- On Becoming a Great Trial Advocate
- Associates and Business Development
- The Transfer Portal
- How Strategic Silence Wins Cases
- Rewarding Referrals from Non-Lawyers
- Give the Jury What It Wants: Decision-Making in Trial Practice
- Dealing with a Biased Judge
- An Alternative to the 'Funnel' Approach for Taking Depositions
- Constance Baker Motley's Greatest Legal Battle: James Meredith's Admission to Ole Miss
- The Superpower of the Judicial Intern Opportunity Program
- Tips for Representing Consumers and Investors in the Supreme Court
- The Burden We Carry
- Finding Joy After Burning Out
- A Trial Lawyer's Guide to Storytelling Without Words
- The Duty to Protect Electronically Stored Information in Litigation
- EAR of the Court
- Faith v. Faith
- To Err Is Human
- Work and Play
- Key Steps in Defending Companies Against Cybersecurity Breach Litigation
- Stare Decisis and the Supreme Court's Undoing Project
- Civility Versus Zealous Advocacy. An Attorney's Duty
- What I've Learned
- The TCPA's Impact on Technology Used for Consumer Communications
- The Objectionable Client
- Is You Is or Is You Ain't My Client? Navigating the Mysteries of Prospective and Organizational Representation
- The Justice Case for Litigation Finance
- Reliving the Joy(?) of Becoming a Lawyer
- Who's Zoomin' Who?
- When the Client Is a Fraud Defending Professionals and Firms Following a Client's Misconduct
- A Report from the Front: An Interview with Justice Stephen G. Breyer
- Respect for One Another
- Adapt to Your Audience
- The Theory of the Case
- 'Nowhere Man': Treat LLCs Like Coporations
- Could This Be Litigation's Best of All Possible Worlds?
- The Treason Trial of Aaron Burr
- The Millennial Juror
- Helping Litigation Clients Pay Expenses
- Maintaining Legal Privilege in the Netherlands
- Going Solo: The Best Decision of My Legal Career
- Dobbs-Smacked
- Legal Research: The Old Way Versus the New
- Partisan Judges
- Keep Your Nose Clean
- The Disappearing Oral Argument
- Twenty-First-Century Software for Litigators
- Nine Tips for Civil Trials from a Prosecutor Turned Judge
- Analyze This!
- The Changing World of Expert Testimony
- Ten Commandments for Being a Better Person and a Better Lawyer
- How Trial Lawyers Can Connect with Juries Using the Principles of Pedagogy
- Brexit and Contracts: What to Do When the Unknown Is Unknown
- 'Finite Pie' Conflicts
- The Haunted Judge
- Protecting Democracy?We Can Do Better
- Unsolicited Client Information, Potential Clients, and 'Taint Shopping'
- 'Roll Over Beethoven'
- Virtual Juries. We Can, But Should We? And If So, How?
- Trial practice. A Short Primer on Objections
- What Lawyers Can Do