Imagine a world where civil disputes could be considered and resolved by a jury of fair-minded and impartial members of the community under the attentive even-handed guidance of a judge who loves what they do and wants to help make the world a better place. Until then, we must litigate and work to resolve civil disputes in an environment that has changed in significant ways in the past decade. Eve…
ALFA International Publications
[i] This article and panel presentation was inspired by the “Smokey Joe’s ‘Agony of Defeat’ Blues Saloon: Where Olympic Quality Lawyers Come to Sing the Blues” panel presentation at the ALFA 2024 International Client Seminar on March 1, 2024 presented by Christopher A. Page of the ALFA member law firm Young Moore and Henderson, Raleigh, N.C., D. Jay Davis, Jr., of the ALFA member law firm Clement …
Preparing For Mediation
It is common knowledge in today’s litigation environment that the vast majority of lawsuits – above 90% by some estimates – are resolved prior to trial; often through alternative dispute resolution processes including mediation. In many litigated cases, a scheduled mediation may become the most important event in the case instead of trial. What does this mean for companies…
Much litigation work occurs behind the scenes, outside of the courtroom setting. This session will provide an overview of the variety of pre-litigation strategies and early case processes to ensure preparation from pre-crisis to trial. The session will also discuss different handling strategies to play to each audience, whether the case is best suited for early resolution, dispositive motion pract…
Mental Health Is Not A Luxury – It Is The Gateway To The Successful Practice Of Law
“Mental health” and “work-life balance” may feel like clickbait whenever you come across those terms, but these conditions are vital ingredients to the successful practice of law. So vital, in fact, that the American Bar Association’s model rules state that a lawyer must decline or withdraw from representing a c…
Building Relationships with Managing Partners
Building a relationship with a mentor can be a crucial step in advancing your career. An effective way to do so is by expressing a willingness and desire to be mentored by being open to new adventures, being thorough, taking initiative and being honest about your ability to commit to additional work.
When able just say, “YES!” but do not over commit…
Presenting a corporate representative is often seen as running the gauntlet, something that the rules of discovery require, and you simply hope to get through it without your client suffering wounds that cannot be corrected or accounted for at trial. A poor deposition by the corporate representative can be the material that results in a nuclear verdict. The corporate representative is the embodime…
Implementation of Generative AI[i]
In an August 20, 2024, appearance on Bloomberg Technology, the Chairman and CEO of multinational cybersecurity company Palo Alto Networks, Inc. (“PANW”) estimated that 20% of employees within organizations are currently using or experimenting with the use of generative artificial intelligence technology. Further, he expressed that often organizations are unaware…
A Practitioner’s Guide To Understanding the 2023 Amendments to Federal Rule of Evidence 702
Following more than two decades of various forms of misapplication of the “Daubert trilogy” of United States Supreme Court cases articulating the standards for admitting scientific and other forms of expert testimony, the December 1, 2023 amendments to Rule 702 have the effect of: (1) raising the admissibil…
In products liability cases, every step must be executed with precision, much like a carefully choreographed dance. A misstep in this intricate “Litigation Tango” can lead to significant financial, reputational, and operational consequences. This dance becomes ever more challenging when it involves multiple business partners, each with its own set of interests. Today’s litigious environment is cha…