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Litigation
Judges Are People, Too: Getting To Know Your Judge By Doing A Judge Study
Introduction A few years ago, an attorney for whom I had prepared a judge study sent me a T-shirt that read, “A Good Lawyer Knows The Law, A Great Lawyer Knows The Judge.” While the T-shirt was surely tongue-in-cheek and was meant to suggest something underhanded on the part of the...
Read MoreThe Right Burden For Proving Patents Invalid: Supreme Court Decision Pending
At this writing, the Supreme Court is deciding a question that could dramatically change the face of many patent trials:What evidentiary standard should be used in decisions regarding the validity of a patent? In this article, we consider how jurors reckon with invalidity challenges, and how...
Read MoreIncreasing Predictability In Employment Case Results
This is the second in a two-part article on the management of employment litigation disputes. The first was about evidence considerations in employment disputes ( see "Evidence Considerations in Employment Disputes" in the 2010 October edition of The Metropolitan Corporate Counsel ) . This part...
Read MoreMocking The Entire Bar: Applying Jury Research Techniques To Mock Judicial Panels And Mock Arbitrations
As an increasing amount of litigation moves from jury trials to bench trials and arbitrations, jury consultants are increasingly applying their expertise in running mock jury exercises to running mock judicial panels and mock arbitrations as methods to see into the black box of professionals'...
Read MoreReverse Engineering Discovery: Case Valuation And Issue Analysis
Editor: How do you define Early Case Assessment? Neale: There has been a lot of discussion among corporate lawyers and outside counsel about early case assessment (ECA), which, as the name suggests, means assessing all of the legal and business components of a particular legal action as...
Read MoreEvidence Considerations In Employment Disputes - Part I
This is the first of a two-part article focusing on the management of employment disputes. The second article will discuss how to best prepare an employment litigation for trial based on the jury research we have conducted and the verdicts and settlements that have resulted in cases that we have...
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