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September 02, 2020


Learn while you’re on the go. Listen to the Trial Evidence Committee’s audio recordings on this archive page.


Experts 101: What Young Lawyers Need to Know About Working with Expert Witnesses
Expert witnesses are an important component of trial evidence for many cases. This Sound Advice gives tips for identifying and working with expert witnesses including the types of experts, thoughts about privilege, and budgeting.

Visualizing Expert Evidence
Joseph Rebentisch
Visualizing expert evidence by reducing complex data and fact patterns to more straightforward charts, graphs, and models may assist individuals who are likely not as familiar with the information and may struggle to process it, and may make them more receptive to the information as well.

Out of Juice? Identifying and Addressing "Burnout"
By Karen Blake and Christopher Barrett
This program helps practitioners in assessing whether they may be dealing with "burnout" and includes suggestions for dealing with and preventing "burnout."

More Effective Presentation of Expert Evidence in Construction Disputes
By Daniel Franklin
Daniel Franklin discusses the complexities of presenting expert evidence in construction disputes and offers some considerations on how address these complexities and more effectively present expert evidence.

Remote Trials and Best Practices
By Chad Paulin
Due to the coronavirus, we find ourselves in the world of remote proceedings. Courts and counsel around the country have been using web conference and screen sharing platforms for facilitating those remote trials. But hosting counsel and witnesses remotely is not new in litigation – it’s just becoming increasingly necessary in today’s environment and introduces us to a new way to keep litigation moving forward.

Purchase Price Adjustment Disputes
Disputed adjustments to the purchase price of acquisitions are often adjudicated in a unique ADR format in front of an independent accountant. In this program, Josh Johnston briefly describes these disputes and the adjudication format, and how trying cases and presenting evidence within them can be unique. (11:26)

Five Tips for Drafting Effective Requests for Admission
By Camalla Guyton | February 9, 2020
In this Sound Advice from Camalla Guyton, learn how drafting effective requests for admission can be helpful at trial.

How to Present Complex Accounting Claims to a Judge and Jury
By Todd Menenberg | February 4, 2020
In this Sound Advice, Todd Menenberg discusses presenting complex accounting claims when opining on damages. He first discusses the types of litigation where these accounting issues arise and offers tips on how to effectively present them.

30(b)(6) Testimony at Trial
By Jenn Routh | July 29, 2019
How can trial lawyers use 30(b)(6) testimony at trial?  Jenn Routh has some sound advice.

Five Tips for Authenticating Documents During Depositions
By Camalla Kimbrough Guyton
Five quick tips for young lawyers for authenticating documents during depositions.

Authenticating ESI under FRE 901 and 902
By Ashley Heilprin
Quick tips on methods for authenticating and opposing proffered electronically stored information under the Federal Rules of Evidence.

Introducing Emails at Trial Under the Business Records Exception to the Hearsay Rule
By Ashley Heilprin
Emails are a frequently used form of communication but may be objected to on the basis of hearsay. One way to try to introduce emails is through the business records exception to the hearsay rule.

Four Easy Things You Can Do to Dramatically Reduce the Risk of a Technical Problem Trial
By Shannon Bales
Trial teams are often embarrassingly tripped up at trial by their technology. Take these “easy things" you can do to reduce risk and present better in the courtroom.

Managing Judicial Notice
By Michael R. Lied
Two recent cases analyze the issue of judicial notice and provide guidance for litigators.

Social Media Evidence in Court
By Ryan Ellis
This program discusses the practical court hurdles to overcome in admitting social media evidence at trial. With social media becoming more and more common, this is a tool needed by every litigator. (12:22 min)

Three Things Not to do When Defending a 30(b)(6) Deposition
By Helene Hechtkopf
Helene Hechtkopf covers the top three mistakes to avoid when defending a Rule 30(b)(6) deposition. (05:45 min)

Summary Judgment Evidence
By James A. King
The program discusses the evidence that may be considered in supporting or opposing a summary judgment motion. (15:42 min)

Forensic Data Collection
By Grant A. Davis-Denny
What should you do in the wake of a data breach? Grant Davis-Denny addresses the importance of forensically sound collection methods and application tips. (9:02 min)

Tips for the Procrastinator
By Ian Fisher
You’re late with your privilege log—no big deal? Ian Fisher explains how it can become a huge deal but also how a little cooperation can be a procrastinator’s best tool. (7:26 min)

Lessons in Evidentiary Issues
By Hon. Joseph F. Anderson Jr.
Listen as a U.S. district judge with 27 years of experience in the courtroom, discusses what he views as the most troublesome evidentiary issues. (13:05 min)

Adverse Inferences in Civil Cases When a Witness “Takes the Fifth”
Listen as longtime litigator Ron Kammer discusses the potential impact of a witness asserting his or her Fifth Amendment rights at trial. He also cites many key cases that can save you valuable research time. (07:35 min)



New Challenges: Discovery & Pretrial Tips: Cryptocurrency & FinTech Litigation
Every day it seems as though there is a new development in the cryptocurrency or fintech world. Whether it's the price of Bitcoin, the sudden rise of NFTs, or a new technology that is going to revolutionize the banking industry, cryptocurrency and fintech are fast becoming a central part of the economy. As these innovations continue, litigation has begun to follow. Beyond the novel legal issues courts will need to confront, litigations in this field will present new and unique discovery challenges for courts and practitioners, including the identification of custodians in the world of anonymous trading and smart contracts, and dealing with document collection from constantly-changing platforms. This roundtable provides perspectives from both the bench and the bar about how to create a smooth discovery process and prepare to tackle these new challenges.

Effective Closing Arguments
Experienced practitioners Charles Grant of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Ursula Henninger of King & Spaulding; and Erica Massaro-Hales of Ankura discuss how to deliver an effective closing argument, best practices for presenting a closing argument, and potential pitfalls to avoid. The program includes a discussion about how to use multimedia technology and emphasize the themes for your presentation of evidence at trial.

Mediation: In the Land of Zoom
Virtual Mediation: What are the overall trends and conditions. Also, what remains the same and how has video conferencing with the lack of physical presence changed the process. (1:00:44 hr)

Examining the C-Suite: The Dos and Don’ts of Director and Officer Depositions
The deposition of high-ranking officer or director is not a regular deposition. High-level executive depositions can have dramatic impact on a case and a business. This program discusses the unique nature of apex depositions and provides practical strategies to prepare for and defend high-level director and officer depositions.