Trials

Expert Analysis

• Q&A

  A Chat With McDermott COO John Yoshimura

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• Identifying Jurors Who Are Susceptible To The Reptile Strategy

  

  A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

• Scope Of An Expert's 'Expertise' Can Make Or Break A Case

  

  When selecting and proffering an expert, it is critical to ensure that the expert’s conclusions are actually based on his or her expertise. The recent Fifth Circuit decision in Sandifer v. Hoyt Archery Inc. clearly — and tragically — illustrates this point, says Adrienne Koch of Katsky Korins LLP.

• Mediation Opening Arguments Should Not Be A Throwdown

  

  Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• Retailers At Risk From New Glyphosate Liability Theories

  

  As Monsanto faces the first bellwether trial in the federal multidistrict litigation over its herbicide glyphosate, consumer groups' pursuit of other companies in the glyphosate supply chain and scientific debate over the chemical's toxicity mean that more lawsuits are likely, say attorneys with Hunton Andrews Kurth LLP.

• Series

  Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

  

  "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

• Let’s Make A Record: High Court On Trans Military Ban

  

  While the U.S. Supreme Court's decision to stay injunctions in Trump v. Karnoski and Trump v. Stockman drew fire from advocates for transgender troops, the order merely suggests that the parties create a factual record — which is what we did in the trial that ended the military's "don't ask, don't tell" policy, says Dan Woods of Musick Peeler & Garrett LLP.

• Guest Feature

  'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

  

  Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.