Sound Advice

Get quick tips on the go. Listen to podcasts from experienced litigators. Disclaimer: The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.

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Recent Sound Advice

You Better Understand Fraudulent Transfers

Whether they know it or not, nearly all litigators encounter issues implicating fraudulent transfers. Attorney Phillip Block helps you understand how fraudulent transfer issues may arise in other litigation and what is required to establish a claim.

Visit - Commercial & Business

Out of Juice? Identifying and Addressing "Burnout"

In this program, Karen Blake and Christopher Barrett help practitioners in assessing whether they may be dealing with "burnout" and includes suggestions for dealing with and preventing "burnout."

Visit - Trial Evidence

Enhanced Damages in Patent Cases: Analysis and Insights

Enhanced damages, which are basically punitive damages that may be awarded at the court’s discretion in patent cases, can potentially treble damages as a sanction for egregious infringement behavior such as willful infringement. Join Richard Kurz and Renee Wong as they discuss the evolution of relevant case law, including the impact of the U.S. Supreme Court’s Halo Electronics Inc. v. Pulse Electronics Inc. decision, as well as provide insights for plaintiffs and defendants.

Visit - Intellectual Property

Enforcing Noncompetition and Nonsolicitation Agreements Against a Multi-State Workforce

Now that an increasing number of states are restricting the use of noncompetition and nonsolicitation agreements, how can companies with multi-state workforces have the best chance at being able to enforce noncompetition and nonsolicitation agreements with their employees? Business litigator Sarah Horstmann provides a five-step framework for working through this question.

Visit - Business Torts

Narrowing the Gap of Gender Wage Inequality—A New Associate's Perspective

Female partners are seeing a major increase in compensation rates thereby narrowing the gender divide that has historically swept the profession; and yet in a year of so much social change, the question remains, why is there a gap at all? New associate, Deanna Velluci, ponders the issue with Angela Turiano, a partner at her firm.

Visit - The Woman Advocate

Eliminating Racist or Offensive Catch Phrases and Other Vernacular—In Front of a Jury or Otherwise

In a period of racial reckoning in America, lawyers are motivated to action, but words still very much matter. Lawyers should be leaders when it comes to language. Erick Howard and John Hutchins expose racially charged language that is commonplace in our culture, and implore lawyers and everyone else to avoid it.

Visit - Trial Practice

Remote Work Benefits for Solo & Small Firm Litigators

The COVID-19 pandemic accelerate a shift to remote practice. Small firm attorney Kelsey Heino and solos David Seserman and Michael Steger discuss some welcome benefits of working and practicing remotely during these trying times.

Visit - Solo & Small Firm

More Effective Presentation of Expert Evidence in Construction Disputes

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.

Visit - Trial Evidence

The End is Nigh: Post-COVID FDA Considerations

To meet overwhelming medical needs during COVID, the FDA relaxed its regulatory enforcement and further granted “emergency use authorizations” for many health products. Jamaica Szeliga discusses that with the COVID vaccines rolling out, companies that jumped into producing, importing, and developing COVID-related health products should prepare for the FDA’s return to “normal.”

Visit - The Woman Advocate

Clearing the Deadwood: Removing Dormant Trademark Registrations

Trademark applicants often face refusals based on dormant or overbroad trademark registrations. Experienced trademark litigations Mary Margaret O'Donnell and Michael Steger discuss strategies to overcome these problematic registrations, including prelitigation outreach, TTAB proceedings and federal court litigation.

Visit - Intellectual Property

Practical Tips for Virtual Practice

In 2020 we saw a rise in the use of virtual technology, including Zoom, for depositions and hearings. In this podcast, two litigators, Ashley Heilprin and James Gilbert, discuss how to avoid snafus and have a seamless virtual presentation of evidence and testimony.

Visit - Pretrial Practice & Discovery

Remote Proceedings and Depositions in a Post-COVID World

Danielle Myers and Erika Oliver have a discussion regarding the many benefits of remote status conferences, hearings, and depositions in a post-COVID world including better work-life balance, cost savings, less environmental impact, and more learning opportunities for younger lawyers.

Visit - Securities Litigation

Past Sound Advice by Committee