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Litigation

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Updated On: Jul 18, 2022
Total Stations: 12
Total Audio Titles: 378
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Peeps' Creek™ The Café
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D'Ontae D. Sylvertooth is the host of Peeps’ Creek: the Cafe Podcast and offers a well-rounded POV on litigation. His podcast is dedicated to bringing current and controversial conversations about love, politics, family, and more. The randomness of it all makes it even more intriguing. Step into Peeps' Creek Cafe, order your favorite drink, and join the conversation! ...Read More

Popular "Litigation" Stations

Peeps' Creek™ The Café Who are we? Welp, a Podcast dedicated to bringing current and controversial conversations about love, politics, family, and more. The randomness of it all makes it even more intriguing. Step into Peeps' Creek Cafe, order your favorite drink, and join the conversation!

We also have video episodes on Youtube, Twitch, Facebook, Twitter & Trovo
Supreme Court Legal Oral Arguments: Federal and State Court Listener, a non-profit, has made the audio from legal opinions from federal and state courts available to Vurbl listeners. With Court Listener, lawyers, journalists, academics, and the public can research an important case, stay up to date with new opinions as they are filed, or do deep analysis using our raw data.

The Oral Arguments on this Vurbl station date back to 2014 to present. Courts include The Supreme Court and Appeals circuits, covering arguments from: Court of Appeals | Eleventh Circuit, Court of Appeals | First Circuit, Court of Appeals | Tenth Circuit, Court of Appeals | D.C. Circuit, Court of Appeals | Federal Court, Court of Appeals | Fifth Circuit, Court of Appeals | Fourth Circuit, Court of Appeals | Ninth Circuit, Court of Appeals | Second Circuit, Court of Appeals | Seventh Circuit, Court of Appeals | Sixth Circuit, Court of Appeals | Third Circuit.

Popular "Litigation" Playlists

Funny Legal Stories: Where Humor & Law Collide The Law can be funny…this playlist is dedicated to audio files that are legal in nature, but make you go, “No way!” The law can be weird, funny, or wild!

Come take this journey with me as we dig into the following podcasts, A Minute or Two with Mikey, Humanity and Society, Law360's Pro Say - News and Analysis on Law and the legal Industry, Funny Millionaires Podcast, I Like Beer the Podcast.
Peeps' Creek™ The Café
Let the Litigation Play This playlist contains snippets of podcasts that will spark your interest and take you on a journey into the world of litigation. Peeps' Creek™ The Café
Lady Justice Are You Really Blind? Justice is supposed to be fair. Justice is supposed to be blind to a person's race, color, religion, and etc. Justice is supposed to be equal. Yet, for so many, this is not the story. This playlist attempts to highlight how folks force lady justice to be consistent with fairness through litigation. Come take a listen with me... Peeps' Creek™ The Café

All "Litigation" Audio

The Litigation Psychology Podcast - Episode 128 - Expert Insights from a Seasoned Expert Witness Kevin Quinley, President of Quinley Risk Associates, talks about his extensive experience in the insurance industry and particularly as an expert witness. Bill and Kevin discuss several tips for attorneys on issues that arise when Kevin is requested to serve as an expert witness, including: last minute scheduling; failing to succinctly frame key issues and not being specific about what's needed from the expert witness; expectations of an immediate opinion from the expert witness after sharing only minimal information; and price resistance. Lastly, Kevin shares his thoughts on how younger attorneys can get more trial experience. Watch the video of this episode: https://www.courtroomsciences.com/r/M43
The Litigation Psychology Podcast - Episode 127 - Law Enforcement and Healthcare Witness Preparation Joe Longfellow, Partner & Trial Attorney with Andrew, Crabtree, Knox & Longfellow, joins the podcast to talk about his work on civil rights defense cases primarily defending law enforcement officers, and also working with healthcare witnesses in med mal cases. Joe describes the challenges of witness prep of law enforcement and how he works with these often difficult witnesses. He also shares his approach to helping jurors understand the difference between negligence and deliberate indifference. Bill and Joe share their thoughts on preparing witnesses, the role that prior testimony plays in new litigation and how to prepare and handle, the goal of a witness at deposition, and more. Watch the video of this episode: https://www.courtroomsciences.com/r/QHO
A Class Action Was Filed, Now What? – A 10 Point Response Plan In Episode #8 of the Alternative Litigation Strategies podcast, Kevin Skrzysowski interviews David Yeagley, a Partner and Trial Lawyer with the law firm Ulmer and Berne. Kevin and David discuss a comprehensive strategy for companies to follow after being served with a class action lawsuit. They dive into issues ranging from initial assessment, insurance and jurisdiction considerations, and defense strategy to discovery issues, expert witnesses, exit strategies, collateral risks and more.
The Litigation Psychology Podcast - Episode 126 - Answering with ”It depends” During Testimony Baxter Drennon, Partner with Hall Booth Smith, joins the podcast to talk about responses to Reptile Theory questions, in particular the answer of "It depends." This response can make some defense attorneys uncomfortable. Steve, Bill, and Baxter discuss the circumstances in which "It depends" is the truthful and most accurate response. They talk about the validity and comfort of a witness varying their responses and what cognitive factors are involved in the way a question is responded to. Baxter shares the approach he takes with his witnesses and the importance of identifying the purpose of the deposition as a way to manage responses. The group talk about the dangers and risks of a witness pivoting when responding to opposing counsel questions, as well as, the opportunity and considerations with a follow-up question to an "It depends" response. Lastly, Steve, Bill, and Baxter discuss the necessity of educating witnesses on the strategy of the case, for them to understand the roles of the witness and the attorney, and what jurors respond to, positively and negatively, when hearing witness testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/hLQ
Killer Cross-Examination with Neil Rockind On this episode, Maxwell Goss speaks with prominent criminal defense attorney Neil Rockind. Neil talks about his victory in securing the acquittal of an individual charged with reckless driving following the highly publicized tragic death of a police officer. Neil shares insights on many aspects of trial practice, including the importance of humanizing the defendant, dealing with public scrutiny in high-profile cases, and how cross-examination can make or break your case.----------00:18 - Introduction01:57 - About Neil Rockind and his law practice03:43 – Some of Neil's high-profile cases05:10 – Oxford school case07:37 – "Killer" cross-examination11:33 – Learning effective cross-examination16:32 – People vs. Charles Warren16:58 – The criminalization of driving offenses23:38 – Hindsight bias30:20 – Cross-examination of the lead investigator33:35 – Verdict in the Charles Warren case37:21 – Handling cases with intense public scrutiny40:41 – Where to find Neil Rockind online----------Neil Rockind’s Attorney BioNeil Rockind’s Killer Cross-Examination PodcastJury Acquits Man in Traffic Death of State Trooper----------Show WebsiteTwitterLinkedInFacebook
All About Appellate - Summary Judgment Standard and Appellate Review Under Florida and Texas Law This Course provided insurance professionals and practitioners with in-depth background, practical and real-world tips related to summary judgment motions and issues in Florida and Texas. Florida’s recent adoption of the federal standard for summary judgment; requirements and procedures; burdens of proof and evidentiary issues will be covered, as well as appellate review of summary judgments. The types, nature and procedures for handling summary judgment motions in Texas were covered in-depth. Standards, requirements, burdens of proof and evidentiary issues were highlighted as well as appellate review. Finally, notable recent cases dealing with insurance issues were covered under Florida and Texas law.
The Recent Surge in Midwest Food Labeling Litigation In Episode 7 of the Alternative Litigation Strategies podcast, Kevin interviews John Zabriskie, a Partner and Trial Lawyer with the law firm Foley & Lardner.  Kevin and John discuss the proliferation of food mislabeling cases throughout the Midwest, the common causes of action, nuances among state laws of IL, CA and NY, the future of “flavoring” cases, and best practices for companies to follow to avoid advertising litigation going forward.
The Litigation Psychology Podcast - Episode 125 - 13 Cognitive Distortions Crippling Your Witness - Part 1 In the first of a multi-part topic, Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss irrational thinking patterns. Steve and Bill describe how the brain makes connections that may or may not be connected in reality and how that type of irrational thinking can impact witness performance, requiring cognitive reframing to correct these irrational thinking patterns. Bill and Steve have identified 13 cognitive distortions that are crippling your witnesses and cover four of these distortions in this episode:
1) Polarized thinking - this type of thinking occurs when your witness feels they have to be perfect as a witness;
2) Mental filtering - when a witness magnifies negative aspects of the case and ignores or discounts positive facts;
3) Overgeneralization - this happens when your witness focuses on a single negative event from the past and makes an extreme conclusion that all other events in the future will be negative;
4) Jumping to conclusions - your witness is convinced that there is no chance at obtaining a favorable trial verdict or settlement.
Watch the video of this episode: https://www.courtroomsciences.com/r/ImG
The Litigation Psychology Podcast - Episode 124 - Reptile, Witnesses and Anchoring Nick Rauch, Attorney with Larson King in Minnesota, joins the podcast to talk about defending against the plaintiff Reptile Theory, particularly by starting defense preparation very early in the case. Nick and Bill discuss where and how early they are seeing Reptile in the litigation process, plus the importance and implications of a corporate representative's deposition testimony and having them prepared for potential Reptile attacks and traps. Nick also shares his perspectives on anchoring and counter-anchoring, how these concepts can start in the initial communications about the case, and making sure you are discussing the strategy for anchoring and counter-anchoring with clients so everyone is in alignment. Bill and Nick also discuss how to talk to witnesses about their role in testimony, how they fit within the broader strategy of the case, and the critical importance of likeability in testimony. Watch the video this episode: https://www.courtroomsciences.com/r/KdZ
Batten Down The Hatches: Issues to Consider With Florida’s 2022 Storm Season Upon Us This podcast with Butler attorneys David Maldoff and Wiley Hodges will touch on and discuss issues to consider when storm related claims are reported. The podcast will further discuss how ensuing loss provisions in policies can affect how a claim show be examined, as well as address Florida’s current 25% re-roofing rule and how the new laws passed this year will alter the current law and the potential effects moving forward.
Countering Scorched Earth Tactics with Doug Lalone Maxwell Goss speaks with Doug Lalone, an engineer and patent attorney with the intellectual property firm Fishman Stewart. Doug tells the story of a very interesting case he handled involving a design patent for a rifle scope. The case involved not only cutting-edge issues in IP law but also intersected with a criminal prosecution. Doug offers insights on dealing with scorched earth litigation tactics and putting together a winning strategy in high-stakes cases.----------00:19 – Introduction01:49 – About Doug Lalone04:20 – Doug’s involvement with ACG05:13 – The Leepers rifle scope case12:41 – Trade dress infringement16:25 – Functionality and trade dress22:04 – Resolution of the rifle scope case24:18 – Doug’s advice for dealing with scorched earth litigators26:20 – Pleading the fifth in a civil case30:52 – Where to find Doug Lalone online31:38 – Sponsor Spotlight: Shaun Fitzpatrick of Fortz Legal Support----------Doug Lalone’s Attorney Bio----------Show WebsiteTwitterLinkedInFacebook----------Fortz Legal: Court Reporting | Litigation Support | Legal Support
Protecting Shareholder Rights with Sara MacWilliams On this episode of The Litigation War Room, Maxwell Goss speaks with Sara MacWilliams, a business litigator described by one judge as an “outstanding legal mind” who “refuted all the claims made [by her opponent] with assurance and aplomb.” Sara talks about an important recent case she handled that clarified and amplified the rights of corporate shareholders. Sara provides insights about shareholder litigation and successfully litigating unresolved questions of law.----------01:59 - About Sara MacWilliams and her law practice05:11 - Murphy v. Inman09:26 - Cash-out mergers13:12 - Derivative versus direct claims18:00 - Corporate fiduciary duties20:00 - The opinion in Murphy v. Inman22:16 - Test for identifying direct claims24:17 - Duties of directors to shareholders27:13 - Broader implications of Murphy v. Inman30:58 - Sara's advice for attorneys32:45 - Where to find Sara MacWilliams online----------Sara MacWilliams’s Attorney BioOpinion of Justice Zahra in Murphy v. Inman----------Show WebsiteTwitterLinkedInFacebook
The Litigation Psychology Podcast - Episode 119 - Defining a Defense Win Baxter Drennon, Partner with Hall Booth Smith in Little Rock, Arkansas, joins the podcast to talk about the different ways the defense can define a win. The definition of a win may not be simply a defense verdict or a zero dollar verdict. The definition of a win needs to be based on the goals of the client and the legal team needs to understand what the client's expectations are. Steve and Baxter talk about a few different ways of defining a "win" including: plaintiff filing a motion for voluntary dismissal; motion for summary judgment granted; mistrial caused by plaintiff's counsel; directive verdict; zero dollars at trial; settlement that is agreeable or avoiding a nuclear verdict; verdict that beats an offer at judgment; verdict less than expected; and less than demand, but not less than expected. Watch the video of this episode: https://www.courtroomsciences.com/r/9km
The Litigation Psychology Podcast - Episode 120 - Four Lethal but Preventable Mistakes in Civil Litigation Dr. Bill Kanasky, Jr. revisits the very first paper he wrote titled: "Four Lethal but Preventable Mistakes in Civil Litigation". Bill discusses these four mistakes in detail including: #1 making witness prep the last priority; #2 a weak visual presentation; #3 overreliance on expert witnesses; and #4 going on the defensive early. Watch the video of this episode: https://www.courtroomsciences.com/r/o4p
The Litigation Psychology Podcast - Episode 121 - The White Hat Movement for the Trucking Industry Doug Marcello, Chief Legal Officer with Bluewire, joins the podcast to talk about the genesis of Bluewire and the benefits for trucking and transportation companies. Bluewire software analyzes vulnerabilities for motor carriers and provides recommendations to reduce or eliminate those vulnerabilities. It allows for a strategic, proactive response to help trucking companies avoid nuclear verdicts. Doug also talks about Bluewire Connect which is an online community limited to trucking industry individuals, trucking defense attorneys, and trucking insurance representatives. The Bluewire Connect forum allows for a free and active exchange of ideas and information between members, as well as helping them find information on resources, experts, vendors, etc. that can be of benefit to their business. Lastly, Doug and Bill discuss some of the primary sources of vulnerabilities for trucking companies, plus some of the less obvious vulnerabilities, and the importance of motor carriers having a formal crisis response plan. Watch the video of this episode: https://www.courtroomsciences.com/r/oTb
The Litigation Psychology Podcast - Episode 122 - Summer Break and A Look Ahead Dr. Steve Wood gives an update on The Litigation Psychology Podcast schedule for the summer and a preview of some of the topics that will be featured in new episodes when the podcast returns from a short summer break. Those topics include the Johnny Depp and Amber Heard trial, preparing a former employee for deposition, the fallacy of the reptile brain, social influence in the courtroom, top excuses we hear for not conducting jury research, how to prepare emotional witnesses for testimony, plus many more. To watch the video of this episode: https://www.courtroomsciences.com/r/OzS
The Litigation Psychology Podcast- Episode 118 - Evaluating Corporate Representative Candidates Defense attorney Billy Davis, Partner with Bovis, Kyle, Burch & Medlin in Atlanta, joins the podcast to talk about his experience participating in a recent Courtroom Sciences Corporate Representative Witness Evaluation and Training with his client and provides his perspectives on the difference between standard witness prep and Courtroom Sciences' witness training program. Billy shares his thoughts on how the Corporate Rep witness training allowed his client to evaluate multiple Corporate Rep candidates and how the training helped them see that perhaps the person most knowledgeable may not necessarily be the best choice to serve as the Corporate Rep for the company. Bill and Billy also discuss how doing the training early benefitted the client, the impact of emotion at deposition, and how the speed at which witnesses answer questions is one of the areas of control available to the witness in a deposition. Lastly, they talk about the challenges law firms are experiencing with keeping young associates and what can be done to improve retention. Watch the video of this episode: https://www.courtroomsciences.com/r/LXa
The Litigation Psychology Podcast - Episode 123 - Johnny Depp v. Amber Heard Trial Dr. Steve Wood is joined by CSI Crisis Communications Practice Leader Sean Murphy to discuss the Johnny Depp v. Amber Heard trial. Sean describes how public opinion was being influenced daily during the trial and the narrative that was being communicated in the court of public opinion. Sean shares the approach that should be taken in litigation communications and what seemed to work for Johnny Depp's side and worked against Amber Heard's side during this trial. Steve talks about some elements of Reptile Theory that seemed apparent in closing arguments and they also share their assessment of how Johnny and Amber performed as witnesses, how they responded to questioning and cross-examination, and how they engaged with the jury. They conclude by noting how, although this is celebrity defamation case, its a good case to study to understand how to define and control the narrative of any trial. To watch the video of this episode: https://www.courtroomsciences.com/r/cCK
The Litigation Psychology Podcast - Episode 117 - Comma, Danger Dr. Bill Kanasky, Jr. covers two critical witness testimony topics: the dangers of long answers and the risks of pivoting. Long answers, which often include commas, are dangerous at deposition and at trial. At deposition, long answers from witnesses lead to the sharing of more information with opposing counsel, which leads to even more questions, and cognitive fatigue of the witness. At trial, the jury can't follow long answers and they get bored. 
Witnesses who pivot during testimony open the door to a counter attack. Pivoting just gives plaintiff's counsel more information and then testimony turns into an argument, which the witness can't win. 
Lastly, Dr. Kanasky talks about the anchor bias and how, once the anchor is set, all subsequent questions must be answered in the context of the anchor, and the only way to address this is to break down the cognitive schema in advance so witnesses don't fall for the anchor. Watch the video version of this episode: https://www.courtroomsciences.com/r/T8c
The Litigation Psychology Podcast - Episode 116 - Impact of Consistent Messages on Our Perceptions Dr. Steve Wood discusses the impact and influence that constant and consistent messaging has on us individually, and on prospective jurors. Steve explains the concept of the Mere Exposure Effect and how the more we are presented with specific topics or ideas, the more we develop thoughts, beliefs, and attitudes about those topics. He also discusses the concept of Social Proof and how our brain processes something ambiguous by following the patterns of other people's behaviors or opinions. Lastly, Steve discusses what can be done to counter specific messaging, particularly as it relates to plaintiff trucking and transportation advertising. A counter offensive is critical since these negative messages are directly influencing the prospective jury pool. Watch the video version of this episode: https://www.courtroomsciences.com/r/8Jz
The Litigation Psychology Podcast - Episode 115 - The Witness Game Plan Dr. Bill Kanasky, Jr. lays out what the game plan should be for witnesses before and during testimony. Bill talks about what attorneys need to be doing with witnesses the 24 hours before testimony, the four key things witnesses need to be coached and trained on as part of their preparation, and what witnesses should do during breaks in testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/WIn
The Litigation Psychology Podcast - Episode 114 - Breaking Down a Successful Defense Verdict James Feeney, Member, Dykama joins Dr. Steve Wood to discuss a recent defense verdict in a traumatic brain injury case. The plaintiff was injured in an vehicular accident and sued the automobile manufacturer for product liability. Jim provides details on how the defense for the case was constructed, what research was done with mock jurors, and the value of testing different combinations of evidence, themes, messaging, etc. in mock trials to help guide trial strategy. Jim also shares his philosophy on offering up alternate damage figures. Lastly, Jim tried this case recently so he also provides his perspective on jury selection and conducting voir dire with Covid restrictions and the challenges of trying a case with a socially distanced jury. Watch the video of this episode: https://www.courtroomsciences.com/r/kPp
The Litigation Psychology Podcast - Episode 113 - 5 Common Focus Group Mistakes Dr. Bill Kanasky, Jr. covers five common mistakes being made when conducting focus groups, the consequences of these mistakes, and what adjustments should be made:
1) too much information on slides (less is more);
2) too many mock jurors (recruit a more reasonable number of 12-15);
3) too long of a day (juror fatigue is real; keep the days a reasonable length);
4) long presentations (juror attention span is short, keep presentations short);
5) the approach to testing damages (just want to get a feel for a range; a mock trial with juror deliberations is the method to get specifics).
Watch the video of this episode: https://www.courtroomsciences.com/r/tFi
TCPA Litigation Since Facebook – Where Are We Today? Listen to Risk Settlements’ latest podcast where Kevin Skrzysowski interviews Tery Gonsalves, a Partner and trial lawyer with the law firm Alston & Bird. Kevin and Tery look back on last year’s landmark Supreme Court decision in Facebook and its impact on TCPA litigation, including Tery’s winning Motion for Summary Judgment in Johansen v. Efinancial. The two discuss how to successfully raise the TCPA’s safe harbor provision as a defense to alleged DNC list violations, how the courts have split on the meaning of obtaining express prior written consent, the ongoing risks of using ATDS and RoSNG technology, and the best practices for remaining in compliance with the TCPA as it stands today.
The Litigation Psychology Podcast - Episode 112 - Importance of Behavioral Consistency of Defendants Trial is a battle of perception and jurors pay very close attention to the behavior of the litigants, particularly the defendant. Behavioral consistency is highly correlated with honesty and truthfulness. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky, Jr. describes the 4 golden traits of an effective defendant including, 1) Professionalism; 2) Confidence/comfort; 3) Maintaining emotional poise; and 4) Engaged and attentive in the process. 

Why are these qualities so important? Jurors use their observations of defendant behaviors and reactions to judge your client. This process begins in jury selection and continues through opening statements, testimony of all witnesses, and closing arguments. So, defendants must maintain behavioral consistency on all fronts to give jurors a positive, consistent impression throughout the entire trial. Watch the video of this episode: https://www.courtroomsciences.com/r/tRI
Effective Depositions with Nicole Westbrook On this episode, Maxwell Goss chats with Nicole Westbrook, a litigation partner with the law firm of Jones & Keller in Denver, Colorado. In this wide-ranging conversation, Nicole discusses deposition skills, the pros and cons of arbitration, the challenges of remote technology, and her advocacy for women in the law.Nicole also dives into an interesting case she handled concerning a multi-level marketing business, and talks about some of the unique legal challenges facing players in that industry.----------00:18 – Introduction01:18 – About Nicole Westbrook02:19 – Legal challenges for multi-level marketing (MLM) companies08:45 – Nicole’s federal clerkship12:12 – Retaining women in the legal practice14:10 – Nicole’s work with the National Institute for Trial Advocacy15:47 – Preparing for depositions18:11 – A recent case involving an MLM business22:25 – Nicole’s critique of the arbitration system26:10 – The challenges of remote depositions35:11 – Nicole’s advice on conducting an effective deposition37:47 – Where to find Nicole Westbrook online---------Nicole Westbrook’s Attorney BioJones & Keller----------Show WebsiteTwitterLinkedInFacebook----------Fortz Legal: Court Reporting | Litigation Support | Legal Support
The Litigation Psychology Podcast - Episode 111 - Alternative Causation plus more Frequently Asked Questions In this episode Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss the importance of alternative causation, plus answer podcast viewer and listener questions. Steve and Bill talk about how jury research demonstrates that jurors don't care that the plaintiff has the burden of proof on causation and that human information processing requires them to identify cause. Because of this, defense attorneys must help jurors by providing alternative causation considerations in order for jurors to move to considering damages. Steve and Bill share their insights on planting seeds for your case in voir dire to ensure jurors will follow the judge's instructions and the value of using mock trials to test liability well before trial. 

Questions asked and answered in this episode:
- Can multiple witness be trained at one time and how does that work?
- Does a juror's social media activity have an impact on verdicts?
- How have damage awards changed since the onset of Covid?
- Does social inflation cause nuclear verdicts?

Watch the video of the episode here: https://www.courtroomsciences.com/r/fMg
Ep 8: In conversation with… Emma Ganley, Costs Consultant In this episode, Alicia talks to Pauline Lépissier and Emma Ganley about the importance of considering and effectively managing the costs involved in litigation, the process of cost budgeting and recoverability.
The Litigation Psychology Podcast - Episode 110 - Common Themes in Birth Injury Cases One of the most emotional, challenging, and difficult cases are birth injury cases. Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss some of the common themes they have seen during focus groups and mock trials for birth injury cases. Specifically, they share insights from jurors on these topics: 

- jurors' perceptions and lack of understanding of the employment status of physicians as independent contractors vs. being employees of the hospital; 
- jurors' awareness of the comparative time nurses spend with patients vs. doctors but who they hold ultimately responsible for care and why this can be a problem for the doctor; 
- jurors' opinions on the communications between all involved parties (nurses, doctors, hospital)
- challenge of dealing with the potentially conflicting situation of sympathy of jurors toward the plaintiff, their positive perceptions of healthcare professionals, and how this impacts their process in awarding damages; 
- jurors' perceptions of adherence to hospital rules and policies; 
- effectiveness of day in the life videos;
- and more.

Watch the video of this episode here: https://www.courtroomsciences.com/r/upr
Non-Compete Litigation with Daniel Quick On this episode of The Litigation War Room podcast, Maxwell Goss chats with Daniel Quick, a leading business litigator, partner with Dickinson Wright, and co-author of Michigan Business Torts.Dan discusses his successful litigation and trial of a non-compete case against celebrity chef Matt Prentice. Dan discusses the fascinating facts of this case and the interesting opinion from business court judge Michael Warren. Dan also offers insights on handling contentious business cases and on the state of non-compete legislation and litigation nationwide.----------00:18 - Introduction01:19 - Daniel Quick's professional background3:04 - The value of bar associations6:01 - The Matt Prentice case13:21 - Non-compete law in Michigan24:29 - Daniel Quick's victory in the Matt Prentice case28:44 - The use and misuse of non-compete agreements31:30 - Judge Michael Warren's opinion in the Matt Prentice case----------Daniel Quick’s Attorney BioMichigan Business Torts----------Show WebsiteTwitterLinkedInFacebook
The Litigation Psychology Podcast - Episode 109 - Four Keys to Successful Trial Testimony Dr. Bill Kanasky, Jr. shares a case study from a recent trial to highlight the elements of successful trial testimony. Four keys of successful trial testimony are to: 
1) Control the pace of the questioning, 
2) Avoid pivoting, 
3) Deliver short, concise answers, and
4) Respond appropriately to emotional attacks by plaintiff's counsel. 

Bill also discusses tips on managing cases where you have a co-defendant and the challenges and opportunities with finger-pointing. Bill has been working on a number of cases recently where there are co-defendants and talks about the research that is necessary to determine if your co-defendant should be adverse to you. He shares the importance of testing and running mock trials to determine how juries are assigning blame and the value of knowing this information early in order to use in mediation and in developing trial strategy. Watch the video version of this episode: https://www.courtroomsciences.com/r/u3z
The Surge of Litigation Against Food & Beverage Manufacturers Description: Don’t miss the latest episode as Sascha Henry and Christopher Van Gundy, Partners at the law firm, Sheppard Mullin, and Co-Chairs of the 6th annual Food Law Conference, join Risk Settlements Director, Kevin Skrzysowski, for a robust discussion of the most impactful litigation trends in this industry today.  Listen now as they discuss the biggest threats food companies are currently facing, the science and substantiation behind health-related claims, lessons from the Covid pandemic, and dispositive motion, trial and settlement strategies.
The Litigation Psychology Podcast - Episode 108 - Working with Traumatized Witnesses Dr. Alyssa Parker, Litigation Consultant and an experienced Clinical Psychologist, joins Dr. Bill Kanasky, Jr. to talk about working with witnesses who are dealing with trauma associated with a catastrophic accident or fatality. Alyssa and Bill discuss mistakes that the defense side often make with these emotional and traumatized witnesses, including ignoring or downplaying the suppression or avoidance of the memories of the traumatic event. They also talk about the necessity for these traumatized witnesses to get treatment for their trauma but how the stigma of therapy and mental health issues often limits how many seek out treatment. Lastly, Alyssa and Bill provide insights on what defense attorneys can do as they work with these traumatized witnesses and how each witness needs to be assessed in advance of any discussion about the litigation or preparing for their deposition testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/1AE
The Litigation Psychology Podcast - Episode 107 - Focus on Improving Your Craft Baxter Drennon, Attorney with Hall Booth Smith in Little Rock, Arkansas joins the podcast to talk with Dr. Steve Wood about a range of topics around attorney credibility and improving as a trial lawyer. Baxter and Steve discuss the definition of a win, the necessity of gaining direct experience in trying cases, the philosophies about whether to go to trial or settle a case, and what types of training would be useful for defense attorneys to keep pace with the plaintiff's bar as they invest in their craft. Watch the video of this episode: https://www.courtroomsciences.com/r/H2e
Shaping Your Case for Success with Dan Sharkey On this episode, Maxwell Goss speaks with Daniel Sharkey, a supply chain litigation attorney who has been ranked by Super Lawyers as a top 10 lawyer in the state of Michigan.Dan discusses an automotive case in which he helped his client achieve a great result by shaping the factual record long before a lawsuit was filed. Along the way, Dan offers great insights on counseling business clients and strategically positioning a case for success from start to finish.----------“There’s a classic risk-return tradeoff. You can’t go nuts about every potential risk or you’d never leave your porch. But at the same time, there’s a tradeoff there. And when you see a client who is biting off a huge potential risk, we have a duty at least a flag it, make them aware of it, and say, ‘You can sign it, but this is what you are getting into.’”-Dan Sharkey----------00:19 – Introduction01:14 – Dan Sharkey's trial experience as a JAG attorney02:25 – More about Dan and his law practice04:32 – Auto supply chain litigation06:49 – Thoughts on the supply chain crisis11:24 – The value a seasoned litigator can add at the contract stage13:02 – The Bilstein case23:02 – Thoughts on contract negotiation27:36 – Dan's advice for setting the table for a dispute30:51 – Where to find Dan Sharkey online----------Daniel Sharkey’s Attorney Bio----------Show WebsiteTwitterLinkedInFacebook
Invention2Exit: Patent Case Study Interview with Lynette Robinson Invention2Exit: Patent Case Study Interview with Lynette Robinson Lynette is a sought-after speaker & performer, entrepreneur, and business coach who specializes in helping entrepreneurs go from lightbulb moment to launched in a fraction of the time, so they can skyrocket their sales and create the life and business of their dreams. Site: https://www.successacceleratorlive.com/join
The Litigation Psychology Podcast - Episode 105 - Mindfulness and Stress Relief for Attorneys Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental and physical wellbeing and what attorneys can do to relieve stress and anxiety and achieve clarity and tranquility. In part 1, Jennifer shared exercises to help witnesses and in this part she demonstrates several exercises for posture, breathing, and mental focus and intentional thought, which help with calmness and concentration. Jennifer also shares additional exercises and practices that help to calm the nervous system and achieve a sense of serenity in the mind. Watch the video of this episode here: https://www.courtroomsciences.com/r/NpF
The Litigation Psychology Podcast - Episode 106 - Peremptory Challenges Eliminated in Arizona Heather Bohnke, Partner with Gust Rosenfeld PLC in Arizona, joins the podcast to talk with Dr. Bill Kanasky, Jr. about the recently enacted ruling of the Arizona Supreme Court which has done away with peremptory strikes as January 1, 2022. Arizona has become the first state in the nation to eliminate peremptory challenges. Heather talks about the background behind why the Arizona Supreme Court made this ruling and what the impacts are, for both plaintiff and defense attorneys, in navigating the elimination of peremptory challenges. Bill and Heather discuss how attorneys will need to manage their voir dire without access to peremptory strikes and the increased importance of juror consulting and juror questionnaires in jury selection. They also talk about healthcare litigation, the challenges of working with healthcare witnesses, how healthcare marketing fuels plaintiff reptile attorneys, and how to deal with multiple co-defendants in healthcare litigation. Watch the video of this episode: https://www.courtroomsciences.com/r/cqp
The Litigation Psychology Podcast - Episode 104 - Mindfulness and Stress Relief for Witnesses Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental wellbeing, mindfulness, and what witnesses can do to reduce stress levels, particularly when testifying. Jennifer demonstrates several helpful exercises to help relieve stress and create calmness, clarity, and focus. The exercises, which can be done either seated or standing, include attention to posture, breathing, shoulders, head & neck, and the jaw, plus intentional thoughts and visualizing positive outcomes for better self care. Watch the video version of this episode here: https://www.courtroomsciences.com/r/b6u
EP 7: Dealing with hostile social media In this podcast, Matthew Garbutt and Pauline Lépissier will give you an overview defamation, including when defamatory statements are posted online and the laws surrounding the duties of internet hosts. They will explain the steps to follow to seek to delete defamatory posts or websites, including by anonymous posters, and what the Courts can do to help.
Chat with Former U.S. Attorney Matthew Schneider On this episode, Maxwell Goss talks with former U.S. Attorney Matthew Schneider of the Honigman law firm. Matthew tells never-before-heard stories about how his office handled major law enforcement challenges including the COVID outbreak and protests following the death of George Floyd.He also talks about busting the leadership of the UAW on corruption charges, and about his current practice handling internal investigations. Finally, Matthew offers advice for attorneys looking to make a career in public service.----------“Be nice to everyone. If you do just that,it's going to come around and benefit you.”- Matthew Schneider----------00:18 – Introduction02:07 – About Former U.S. Attorney Matthew Schneider05:23 – UAW investigation08:58 – Career and appointment as U.S. Attorney10:54 – Law enforcement environment during COVID13:13 – Protests of the summer of 202015:20 – Why protests in Detroit were different17:59 – Matthew Schneider's work with Attorney General Bill Barr21:18 – Working behind the scenes during the COVID crisis23:10 – Matthew Schneider's white collar and investigations practice25:07 – Advice for attorneys looking to pursue public service27:02 – Civility in modern politics29:01 – Where to find Matthew Schneider online29:37 – Mini-interview with Mike Morse----------Honigman----------Show WebsiteTwitterLinkedInFacebook
The Litigation Psychology Podcast - Episode 103 - Frequently Asked Questions, Part 2 Dr. Bill Kanasky, Jr. answers more frequently asked questions from viewers and listeners of the podcast. Questions asked and answered in this episode:

- How to handle a defensive witness who is also young and inexperienced?

- What type of assessment(s) should be done of witnesses before they are prepped for deposition?

- What is a shadow jury?

- How is commercial litigation different than personal injury or catastrophic injury or death cases?

- Is it okay to Reptile my co-defendant who is adverse to my client?

Watch the video version of this episode: https://www.courtroomsciences.com/r/Ztm
The Litigation Psychology Podcast - Episode 102 - Witness Training for CEOs and Executives Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness training for CEOs and some of the challenges with training C-level executives for deposition and trial testimony. Steve and Bill discuss how they work with these types of witnesses and some of the steps that these executives must be open to in order to maximize the benefits of the training and perform well during testimony. They describe the social psychology concept of state dependent learning plus how an executive's potential negative attitudes about attorneys can impact their approach to their witness preparation. Steve and Bill talk about the impact an executive's anger related to the litigation can have on their preparation and also why CEOs have to be okay with saying they don't know something, even if that is uncomfortable for them. Lastly, they cover the importance of how one dresses during testimony, the criticality of taking cognitive breaks while testifying and not just using breaks to catch up on work, and how their behavior at the defense table can impact juror perceptions during jury selection and the trial itself. Watch the video version of this episode here: https://www.courtroomsciences.com/r/akV
The Litigation Psychology Podcast - Episode 101 - A Look Ahead at Podcast Topics in 2022 Dr. Steve Wood delivers a preview of topics that will be addressed on The Litigation Psychology Podcast during 2022. A few of the hot topics that Steve and Dr. Bill Kanasky, Jr. will be discussing during the year:

- the importance and necessity of communication and sharing of information amongst the defense bar; 

- celebrating defense bar victories, including insights on what's working for the defense, and what's leading to those wins and successful outcomes;  

- witness behavior, including recent observations and commentary on defendants taking the stand in their own defense and what's been successful and unsuccessful in those situations;

- mental health topics, covering witness, juror, and attorney mental health issues and their impact on litigation; 

- attorney leadership and the importance of providing opportunities and training for younger attorneys; 

- juror perceptions of different industries and individual roles of people who will be called to testify and how to improve and change any negative impressions;  

- plus much more.

Watch the video version of this episode: https://www.courtroomsciences.com/r/P6G
Blocking and Staging in the Courtroom with Eliot Wagonheim On this episode of The Litigation War Room, Maxwell Goss speaks with Eliot Wagonheim. Eliot is a seasoned litigator as well as a frequent public speaker and podcaster. He is also the creator of WagonheimU, a learning platform for construction subcontractors. Eliot discusses some of the interesting construction litigation cases that he handled, and shares insights on physical presence, or what he calls "blocking and staging," in the courtroom.----------“All movement should be intentional. It shouldn’t look like a quirk or something you forgot on the other side of the courtroom. And it shouldn’t look threatening, like now you’re rushing the witness stand. There should be a method.”-Eliot Wagonheim----------00:19 – Introduction01:38 – About Eliot Wagonheim and his law practice02:39 – What makes construction cases unique04:24 – Eliot on being a public speaker06:47 – WagonheimU07:57 – The Universal case11:02 – Arbitration provisions in construction cases17:05 – Playing different roles with juries19:55 – Balancing planning and improvising23:53 – The Elevated case29:31 – Eliot's advice for using blocking and staging as a litigator32:12 – Where to find Eliot online32:38 – Eliot's podcast, So Here's My Story34:08 – Business Law Symposium preview with Roy Sexton----------With 30+ years of experience, Eliot serves as general counsel to small to mid-sized businesses in a wide array of industries in both litigation and corporate matters. Over the course of his career, Eliot and his team have served as buyer’s counsel as well as seller’s counsel in transactions ranging from $50,000 to $100,000,000. From a litigation perspective, Eliot has both won and successfully defended cases ranging from multi-million dollar, bet-your-company cases to smaller, District Court actions.In addition to working with clients, Eliot also supports organizations and people by teaching online webinars, workshops, and Master Classes through the online platform WagonheimU; and speaking virtually and in-person.----------Eliot Wagonheim’s Attorney BioWagonheimU Subcontractor TrainingSo Here’s My Story podcast----------Show WebsiteTwitterLinkedInFacebook
The Litigation Psychology Podcast - Episode 100 - Practical Advice for Civil Litigation Defense The 100th episode of The Litigation Psychology Podcast features trial attorneys Paul Motz from Segal McCambridge Singer & Mahoney and Brad Hughes from Clark Hill. Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. talk to Paul and Brad about the challenges of connecting with jurors during trials where masks are required and ideas on what to do. The group discuss their thoughts on counter-anchoring damages, why the insurance adjuster playbook doesn't work, and steps that need to be taken to diffuse a nuclear verdict before getting to trial. Paul and Brad offer their suggestions on how younger attorneys who lack experience can be provided opportunities to learn and talk about the difficult conversations that attorneys must have with their clients and their insurance companies about the investments that are necessary to avoid the ever-increasing nuclear verdicts and settlements. Watch the video of this episode: https://www.courtroomsciences.com/r/VWF
The Litigation Psychology Podcast - Episode 98 - Decision Making in Trial Practice Chris Patton, Partner at Lynn Pinker Hurst & Schwegmann and John Adams, Trial Lawyer at Gibson Dunn, join Dr. Bill Kanasky, Jr. to talk about commercial litigation and the article they co-authored titled Give the Jury What It Wants: Decision-Making in Trial Practice. Chris, John, and Bill discuss the importance of storytelling in trial and why and how to get the jury's attention early to frame the trial narrative. The group also talk about the availability bias and how jurors interpret and consider the information and litigants based on when and how much they are talked about by the attorneys. John and Chris share how they handle explaining complex concepts to jurors to help them understand so that they can properly evaluate the case facts and how they leverage sympathy and emotion in business litigation to help jurors relate. Lastly, the group talks about how to identify the right witnesses for the case, the way they handle bad facts at trial, and their perspective on bringing up tough questions during voir dire. Watch the video version of this episode: https://www.courtroomsciences.com/r/Rpe
The Litigation Psychology Podcast - Episode 99 - Trial Preparation, Part 2 Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss trial testimony, preparing witnesses for trial, and the steps necessary for the best results at trial. They talk about the process that should be followed and where witnesses and even attorneys fall short, leading to bad outcomes at trial.  Plaintiffs are continuing to increase demands and are wanting to go to trial as they see that as an advantage for them, especially against ill-prepared and under-prepared defense counsel. And the only way to be ready for trial is to invest in the weaponry (mock trials, jury research, witness training, jury selection, trial consulting, counter-anchoring) necessary to fight fire with fire and win. Bill shares the result from a recent case that just went to trial, where the demand was a nuclear demand and what led to a non-nuclear verdict that the legal team and client were thrilled with. Watch the video version of this episode: https://www.courtroomsciences.com/r/uZU
The Litigation Psychology Podcast - Episode 97 - The Rise, Fall, and Reincarnation of the Reptile Program Dr. Steve Wood and Dr. Bill Kanasky, Jr. share the latest updates on the Reptile training program. Recently, the program has gone through an evolution and some rebranding. There appears to be a phasing out of the "Reptile" term but the program is alive and well and there are now even more options for the plaintiff's bar to receive training on these variations of the Reptile Theory. Steve and Bill talk about the concept of cognitive schema and cognitive dissonance, which are keys to the success of Reptile attorneys, and why witnesses' brains need to be rewired and rebuilt to keep them from being taken advantage of by plaintiff attorneys. They also answer viewer mail including questions about doing a mock trial or focus group if you don't have videos of witnesses and the pros and cons of doing online surveys vs. a mock trial. Watch the video version of this episode: https://www.courtroomsciences.com/r/bXZ
Litigating Parental Alienation with Ashish Joshi On this episode, Maxwell Goss talks with high-stakes family law attorney, Ashish Joshi. Ashish handles disputes involving the mistreatment of children, allegations of child abuse, and recovery of abducted children across the United States and around the world. An authority on the subject of parental alienation, Ashish is the author of Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court. In the interview, Ashish offers insights drawing from his deep knowledge and experience in this important area of law.----------“I think it’s an absolute misconception that litigation does not help children,that it’s never in the child’s best interest for the parents to litigate.I think if there are allegations that can be settled by fact-finding, it is important to litigate as early as possible. Otherwise, you are going to have theories from each side, and the ghosts of these theories are going to haunt the case and the professionals involved for months and for years.”-Ashish Joshi----------00:18 – Introduction01:52 – About Ashish Joshi and his law practice04:37 – Practicing law in India vs. the United States07:58 – Ashish's book Litigating Parental Alienation09:37 – What is parental alienation?20:12 – Guardians ad litem and parental alienation25:35 – Judicial recognition of parental alienation30:46 – The biggest obstacle to getting a good result in a parental alienation case36:10 – Alienation vs. estrangement42:07 – Ashish's advice for litigators handling parental alienation cases45:11 – Where to find Ashish Joshi online45:53 – Business Law Symposium preview with Powell Miller----------Ashish Joshi serves as the lead counsel in high-stakes, complex disputes and litigation matters. Mr. Joshi has counseled and/or represented clients in state and federal courts across the United States and internationally, including in India, United Kingdom, Canada, Luxembourg, Hong Kong, British Virgin Islands, and China.Mr. Joshi’s focus lies at the intersection of forensic sciences, human rights, and complex disputes in situations involving severe parental alienation and psychological maltreatment of children, false allegations of child abuse, recovery of abducted children and/or hidden assets in foreign jurisdictions and multi-jurisdictional disputes. He has served as lead counsel in some of the most significant matters in these specialized areas of law. Mr. Joshi and his team have represented clients around the country and internationally.Mr. Joshi is privileged to serve as the Editor in Chief for Litigation, the journal of the American Bar Association’s Section of Litigation and on the Advisory Board for Champion, the journal published by the National Association of Criminal Defense Lawyers. Mr. Joshi also served on the Board of Directors of the National Association of Criminal Defense Lawyers based in Washington, D.C.----------Ashish Joshi’s Attorney BioLitigating Parental Alienation: Evaluating and Presenting an Effective Case in Court----------Show WebsiteTwitterLinkedInFacebook
The Litigation Psychology Podcast - Episode 96 - The Problems with Juror Instructions Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about the problems with juror instructions. So many times, jurors don't understand them, don't pay attention to them, don't read them, are too long, etc. The biggest issues that jurors struggle with understanding are causation, burden of proof, negligence, past economic and non-economic damages, future economic and non-economic damages, and allocation of fault. 

To help jurors understand causation they must be educated and indoctrinated about causation beginning in jury selection, then repeating during opening and then again during closing so that by the time they get to deliberations, they have heard it a few times. For many jurors, burden of proof is confused with "beyond a reasonable doubt" due to their lack of understanding and what they have seen in TV shows and movies. Jurors don't understand the legal definition of negligence and is often just assumed to exist simply because there is a bad outcome. Jurors are very confused by past economic and non-economic damages and also by future earnings damages. Jurors do seem to get punitive damages and allocation of fault, for the most part, however, they tend to start their discussion around allocation of fault, which is not where they are instructed to start. The podcast wraps up with Bill and Steve answering viewer mail about witnesses responding with "it depends",  the pros and cons of blaming the plaintiff, and advantages of a mock trial with deliberations with fewer jurors vs. individual surveys of a much larger sample. Watch the video of this podcast: https://www.courtroomsciences.com/r/50F
Invention2Exit: Patent Case Study with Alex Hargrove of Netlaw Craige interviews Alex Hargrove who talks about how he is buildng a fast growing business around his patented software technologies and developing a patent portfolio to protect his software. If you are interested in geting your own patents for your software patents, call (512) 649-1046 or visit us at ThompsonPatentLaw.com or schedule your Patent Needs Assessment now. If you would like to learn more about Alex or Netlaw please visit them at https://www.netlaw.com/ or connect with Alex on Twitter @HargroveAlex
The Litigation Psychology Podcast - Episode 95 - Winning Before Trial This week's guest is Charles Price who manages litigation for Eaton Corporation and is a professor at the University of Akron where he teaches a law school course called Winning Before Trial. Charlie and Dr. Bill Kanasky, Jr. talk about differences between law schools and the background behind the Winning Before Trial course, which focuses on understanding psychology, economics, statistics, accounting, neuroscience in the application of law. They also discuss the changes that have taken place over the years with trial attorneys and the challenge of getting trial experience these days, particularly for younger attorneys. Charlie shares his perspective on the differences between serving as in-house counsel vs. working for a law firm and comments on the high turnover with millennial attorneys. He describes the approach that Eaton takes to develop early career talent to address the turnover issue and how they get less experienced attorneys more exposure and opportunities to help them grow. Lastly, Charlie talks about his blog winningbeforetrial.com and Bill shares the importance of being proactive on prevention and pre-litigation planning and training. Watch the video of this episode: https://www.courtroomsciences.com/r/UiD
Litigating Religious Property Disputes with Daniel Dalton On this episode, Maxwell Goss speaks with Daniel Dalton, the nation’s foremost litigator representing churches and religious bodies in land use and real property disputes. Dan is the author of several books including Religious Property Disputes and the Law, published by the American Bar Association. Dan discusses a pair of important cases involving religious land use and the free exercise clause. Dan also provides insights for handling lawsuits against government entities.----------“Government entities always have the upper hand . . . They have the ability, through statute and through judicial creation,to do things that anywhere else in the world would be illegal.”-Daniel P. Dalton----------00:19 – Introduction01:43 – Daniel Dalton's law practice03:48 – Daniel's latest book, Religious Property Disputes and the Law05:26 – Religious Land Use and Institutionalized Person Act (RLUIPA)07:32 – Religious congregations separating from their denominations09:34 – The Our Lady of Peace case16:32 – The West Valley Christian Center case22:14 – Litigating against a government agency vs. litigating against a corporation25:43 – Dan's advice for lawyers suing a government entity27:18 – Where to find Daniel online----------Daniel P. Dalton is the nation’s preeminent authority in the Religious Land Use and Institutionalized Person Act, also known as RLUIPA. He is one of the country’s most experienced attorneys in representing churches and other religious institutions in land use and zoning cases. Dan is the author of books including Religious Property Disputes and the Law and Litigating Religious Land Use Cases, published by the American Bar Association.Dan’s firm, Dalton & Tomich, PLC, is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. The firm has helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.----------Daniel Dalton’s Attorney BioReligious Property Disputes and the LawLitigating Religious Land Use Cases----------Show WebsiteTwitterLinkedInFacebook
Voiceprint and Facial Recognition Laws – Coming to a City Near You Listen to the latest episode as Kevin interviews David Oberly – lawyer, author, and biometric information thought leader – as the two discuss groundbreaking municipal laws governing cutting-edge, voice-powered and facial recognition technology and their impact on commercial establishments.
The Litigation Psychology Podcast - Episode 39 - Voir Dire in a Post COVID-19 World Demographics (age, gender, political affiliation, occupation, etc.) are not predictive of juror behavior and decision-making. Instead, juror attitudes, beliefs, experiences, and personality traits are what most influence how jurors will evaluate a case. Understanding these deeper characteristics requires a different, more scientific approach to voir dire, particularly with jurors you will encounter post-Covid-19. This episode of The Litigation Psychology Podcast describes why demographics aren't predictive, how jurors actually make decisions, and what changes you should implement in voir dire to select the best jurors for your case. To watch the video version of this podcast: https://www.courtroomsciences.com/r/8cQ.
The Litigation Psychology Podcast - Episode 86 - Buyer‘s Remorse Dr. Steve Wood joins Dr. Bill Kanasky to discuss the topic of buyer's remorse in litigation consulting. Bill shares some recent examples of clients who have invested in witness training and/or jury research, win their case or otherwise get a favorable result, but then have buyer's remorse when they get the invoice. Steve talks about the psychology of what causes that perspective, the underlying human behavior and motivation, and explains and describes "approach motivation" and "avoidance motivation". Bill and Steve talk about the disconnect between the identified need in advance of the outcome and the feeling about the decision after the fact and how these decisions are interpreted or rationalized afterwards. They also bring up the challenge in the insurance industry about how the person paying the bill (the Claims person) isn't the one who directly realizes the benefit from the favorable outcome. Claims has to fund the expense but doesn't receive the benefit when the witness training or research results in a positive outcome and this disconnect is a challenge. This buyer's remorse can be experienced by attorneys and law firms too. Lastly, Steve and Bill answer some listener questions including the difference between a focus group and a mock trial, the biggest mistakes to avoid in a mock trial, optimal number of jurors for a mock trial, and more. Watch the video version of this episode: https://bit.ly/3zEGXkE
The Litigation Psychology Podcast - Episode 35 - Attorney Tad Eckenrode on Medical Malpractice Litigation Dr. Bill Kanasky interviews St. Louis defense attorney Tad Eckenrode, Partner at Eckenrode-Maupin, about medical malpractice litigation, preparing doctors, physicians and healthcare professionals for testimony, and juror perceptions of healthcare workers in the COVID-19 era. To watch the video version of this podcast: https://bit.ly/336z1uZ.
The Litigation Psychology Podcast - Episode 56 - Trucking, Covid-19 and Juror Perceptions This episode of The Litigation Psychology Podcast focuses on how the trucking and transportation industry responded to the pandemic and the impressions, attitudes, and beliefs that jurors have toward transportation and trucking companies. Dr. Steve Wood discusses research that CSI has conducted to understand jurors' views of the trucking industry in light of Covid-19 and the role these companies have played during the pandemic. Dr. Bill Kanasky and Dr. Wood also talk about the opportunities missed and the opportunities that still exist for the trucking industry to highlight the positive things they do and contributions they make to society and the benefits of bringing these things to the forefront of potential juror's minds in advance of litigation. Watch the video version of this episode: https://www.courtroomsciences.com/r/pjH
The Litigation Psychology Podcast - Episode 59 - Best Practices for Managing Large Cases Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about the themes for both the defense and for opposing counsel. They emphasize the need to meet with your witnesses early, well before the deposition, and to build rapport and trust with them and to conduct early evaluations of the witnesses based on those discussions. The group also discuss the challenges of dealing with "smoking gun" bad documents and how best to manage those documents. Tom and Jamie share their philosophies on witness deposition preparation and training, especially when dealing with difficult witnesses such as former employees and their take on virtual depositions and the pros and cons. Lastly, Tom, Jamie, and Bill discuss the importance of investing in mock trials and conducting them scientifically and realistically, especially because of what's at stake. Watch the video version of the podcast here: https://www.courtroomsciences.com/r/ksi
The Litigation Psychology Podcast - Episode 48 - Doug Marcello on Trucking Litigation Trucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking litigation cases. Doug shares the process he uses in planning his case, the importance of persuasion, and how he builds a story for the jury right from opening statement. Doug and Dr. Bill Kanasky also talk about the impact of Reptile on trucking litigation with the ubiquitous - and dangerous - challenge of the "safety is our top priority" mantra in the transportation industry and how to address this when you have clients who are actively promoting "safety" in their company's marketing materials including websites, employee manuals, vehicles, buildings, and more. Watch the video of this podcast: https://bit.ly/3lmWFsr
The Litigation Psychology Podcast - Episode 78 - Bluewire: Trucking Litigation Defense Software Steven Bryan, CEO and Doug Marcello, Chief Legal Officer, of Bluewire join the podcast to talk about their new company that uses software to help trucking companies identify reputational vulnerabilities in the defense of their litigation. Steven provides some background on how the company came about and their areas of focus. Bluewire has identified reputation as a key contributor to nuclear verdicts and Steven and Doug share how leveraging technology, data, and a network of experts helps give the trucking industry the tools to defend themselves against Reptile and nuclear verdicts. They also discuss the Motor Carrier Reputation Survey on their website and how trucking companies and insurance carriers can participate and benefit.

Doug and Steve talk about the importance of information exchange and educational programs within their network of trucking companies and how addressing vulnerabilities ahead of time is useful for underwriters and excess carriers who are looking for ways to reduce their reputational risks in litigation. The group also highlights how this technology and data can help reduce nuclear settlements by resolving cases early through early identification of vulnerabilities.

Lastly, Steve, Doug, and Bill discuss the exposure created by internal company documentation about safety that paint trucking companies into a corner and how they would benefit immensely from a proactive review of all company materials to identify and address these vulnerabilities, which are potential attack opportunities for plaintiff attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/b5q
The Litigation Psychology Podcast - Episode 68 - Cross Examination Strategies and Tactics With in-person trials beginning to ramp up again after the shutdowns caused by COVID-19, dusting off trial skills becomes important. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky speaks to trial attorneys Paul Motz of Segal McCambridge and Georgianne Walker of May Oberfell Lorber about the art and science of cross examination. Paul and Georgianne discuss their individual philosophies around cross examination, how they make decisions about the approach they will take for cross based on the jury, and how they handle cross examination of an adverse co-defendant. Paul and Georgianne also share specific case examples and stories, talk about the role that gender might play in their cross examination strategy, how they manage cross examination of expert witnesses, and how they help their own witnesses when they are being attacked by opposing counsel. Lastly, the group discusses how they have been, and expect to, manage the physical distance Covid protocols in place when doing cross examination.  Watch the video of this episode: https://www.courtroomsciences.com/r/2pj
The Litigation Psychology Podcast - Episode 14 - Jurors in the Age of Coronavirus This Litigation Psychology Podcast episode, presented by Courtroom Sciences, Inc. (CSI), features Dr. Bill Kanasky and Dr. George Speckart discussing the potentially far-reaching impacts of the COVID-19 pandemic on jurors and jury panels. Dr. Kanasky and Dr. Speckart compare this pandemic to other 'black swan' events from the past, talk about juror attitudes and potential changes in the COVID-19 era and the future for nuclear verdicts. Click here to watch the video version of this episode: https://bit.ly/2WPiK9W.
The Litigation Psychology Podcast - Episode 41 - Doug Marcello & Nuclear Verdicts In this special edition of The Litigation Psychology Podcast, Trucking Litigation Attorney Doug Marcello interviews Dr. Bill Kanasky on the subject of nuclear verdicts. They discuss the definition of a nuclear verdict and what causes a nuclear verdict to occur, including the impact of Reptile and witness testimony on nuclear verdicts. Doug and Bill also take a deep dive into the importance of using the scientific method in trial research, why hunches or previous verdicts in the venue are fraught with limitations, and why claims adjusters should leverage scientifically gathered data before writing settlement checks. They also tackle the criticality of collecting jury data via a written survey vs oral voir dire, the implications of Covid-19 and social unrest on juror perceptions, and why corporations and insurance companies need to be more aggressive and take control early, especially in light of how aggressive the plaintiff's bar continues to be. To watch the video version of this podcast: https://www.courtroomsciences.com/r/2Dj
The Litigation Psychology Podcast - Episode 2 - Nuclear Verdicts part II The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) is pleased to share Episode 2! This episode continues the series of podcasts on the hot topic of nuclear verdicts. Dr. Bill Kanasky, CSI Litigation Consultant, welcomes special guest Dr. George Speckart, a 35 year veteran of the litigation consulting industry, and a renowned expert in research methodologies, scientific data collection, and trial and jury consulting. Dr. Kanasky and Dr. Speckart discuss the history of nuclear verdicts, who's to blame, and what companies and defense attorneys can do to protect themselves from nuclear verdicts.
The Litigation Psychology Podcast - Episode 87 - Attorney Credibility Steve Wood, Ph.D. talks about what he's been witnessing lately with attorney presentations in mock trials and focus groups, how those attorneys are being perceived by mock jurors, and the impact that has on jurors' impressions of the attorney's credibility. Steve shares the research and insights he's collected on attorney credibility and the impact attorney credibility has on case outcomes. Persuasiveness and credibility are impacted by likeability, similarity, and physical attractiveness, plus trust. Steve offers suggestions on what younger attorneys, in particular, can do to become better and strong presenters and exude more credibility. He also talks about approachability and authoritativeness and the importance of finding the balance between the two to establish trustworthiness and credibility with jurors. Watch the video version of this episode: https://www.courtroomsciences.com/r/1tM
The Litigation Psychology Podcast - Episode 94 - Critical Steps for Trial Preparation In this episode, Dr. Bill Kanasky, Jr. reviews the critical steps that need to be taken when preparing for trial. Bill shares a trial preparation to-do list which includes:

- Making a schedule and plan

- Setting up witness preparation sessions, either for the first time or refresher sessions if the trial was delayed due to Covid. Witness training (not just telling) must focus on the keys to delivering strong testimony and training on the 3 biggest mistakes made by defense witnesses during rehabilitation or direct examination: sharing too much information, volunteering information, and going too fast

- Determining what the courtroom setup will be as many courtrooms are now set up differently due to Covid 

- Voir dire and jury selection questions and plan, including the filing of a motion to use a supplemental juror questionnaire to identify sensitive topics, particularly related to, or exacerbated, by the pandemic. Bill goes through a number of sensitive topics that are crucial to address during jury selection such as mental health issues, mask mandates, financial issues, vaccinations, etc.

- Opening statement development strategy and approach, including presenting a research-supported alternative damages figure

- Closing arguments by summarizing key arguments and repeating the alternative damages number from voir dire and opening statements

Watch the video version of this podcast: https://www.courtroomsciences.com/r/hQt
The Litigation Psychology Podcast - Episode 50 - Best Practices for Video Depositions Video has become common for depositions, mediations, and witness trainings during these days of physical distancing. But appearing on video for these virtual sessions isn't the same as being in person and requires a specific approach and attention to detail to different things. Jackie Arguijo, Video Production Coordinator for Courtroom Sciences, Inc. joins the podcast to talk about best practices for video sessions including video and audio tips, your environment, lighting, how to limit distractions, testing your internet connection, and so much more. A practical session to help better manage any virtual meeting. Watch the video version of this podcast: https://www.courtroomsciences.com/r/Q2L
The Litigation Psychology Podcast - Episode 49 - Virtual Witness Training, the Good, Bad, and the Ugly In this episode of the Litigation Psychology Podcast, CSI Litigation Consultants Dr. Bill Kanasky, Dr. Alyssa Parker, and Dr. Steve Wood discuss virtual witness training best practices. The team talks about the advantages of conducting witness effectiveness trainings virtually since depositions are also being done remotely, as well as how they go about delivering effective witness training when they can’t be in the same room as the witness and attorneys. Additional topics discussed include their experiences with the best – and worst - physical setups for the virtual trainings, what the advantages are for virtual training and depositions over in-person, the outcomes and feedback they have received from attorneys and witnesses after their virtual witness effectiveness training and depositions, and more. Watch the video version of this podcast: https://www.courtroomsciences.com/r/kkg
The Litigation Psychology Podcast - Episode 83 - Defending Trucking Cases Defense attorneys Melissa Graves and Rick Joslin from Collins Einhorn Farrell join the podcast to talk with Dr. Steve Wood about trucking litigation. They discuss their approach to defending trucking cases by focusing on both the liability angle and damages. They talk about the importance of starting work on the case early with reviewing evidence and speaking to witnesses and emphasizing the criticality of an early start with their trucking clients and the insurance companies. Melissa and Rick share that the most difficult issue with defending trucking litigation cases is the scope of the damages, especially in fatalities or severe injury cases. The group also discuss how they handle negative perceptions of truck drivers and trucking companies by getting jurors to relate to the truck driver and humanizing them. Lastly, they talk about preparing witnesses for depositions, getting truck drivers prepared for Reptile questions, the benefits of videotaping the deposition practice & prep and how the perceptions of truck drivers and trucking industry can be bolstered by the role they played during the Coronavirus pandemic. Watch the video of this episode: https://www.courtroomsciences.com/r/W0D
The Litigation Psychology Podcast - Episode 69 - The Evolution of the Insurance Claims Process Tim Christ, Vice President of Growth for Claimatic, joins Dr. Bill Kanasky, Jr. to talk about how the insurance claims process has evolved over time. Tim provides some background on Claimatic, an intelligent decisioning software that automatically and quickly triages, routes, and assign thousands of claims in complex workflows and then shares how the claims process has evolved from highly manual to the use of more technology, albeit at a slow pace. Tim comments on how some in the insurance industry have begun to place more emphasis on improving the customer experience and the benefits to client retention and reducing churn. He talks about how some insurance companies have begun leveraging data to realize savings by speeding up payments on certain types of claims and what the concerns are with the broader use or adoption of technology by insurance companies. Lastly, Bill and Tim discuss the effects of COVID-19 on litigation and their thoughts and predictions on how companies will manage their workforces as they are able to return in-person to offices and what that means for continuing to work remotely or hybrid models, etc. Watch the video version of this episode: https://www.courtroomsciences.com/r/gGw
The Litigation Psychology Podcast - Episode 88 - Litigation and Insurance Defense Chantal Roberts, Principal & CEO of CMR Consulting, joins the podcast to talk about litigation and the insurance industry. Chantal serves as an expert witness for claims handling standards and procedures and has a wealth of knowledge about the claims process. Chantal and Dr. Bill Kanasky, Jr. talk about the shortsightedness of the insurance defense industry and what the reasoning is behind how insurance companies approach litigation. They discuss how an investment earlier in the litigation process by insurance companies could manifest in significant cost savings. They talk about how claims departments adjust claims, the relationship between primary carriers and excess carriers and how they can, and should, work together and collaborate for better outcomes. Lastly, Chantal shares her perspective on the workload that adjusters manage, the burnout, and how that leads to the mishandling of files. Watch the video of this podcast: https://www.courtroomsciences.com/r/pm4
The Litigation Psychology Podcast - Episode 64 - Intellectual Property Litigation Jonathan Barbee, Attorney with MoloLamken LLP, talks with Dr. Steve Wood about IP litigation. Jonathan has broad IP litigation experience working primarily on patent cases, but manages the litigation for trade secret and copyright cases as well. Jonathan and Steve discuss the approach to different types of Intellectual Property litigation and the additional challenges encountered in IP cases that go beyond other types of litigation. Since there is often a lot for jurors to understand in IP cases and many times it involved relatively complicated technology, Jonathan talks about the value of leveraging mock trials to test how to get the information across to the jury in the best way possible and not confuse the jury or make them feel like you are insulting their intelligence. Lastly, Jonathan highlights the value of expert witnesses who are really good teachers and can empathize with the jury on how complicated the technology or IP might be, as well as the difference for him between being on the plaintiff side vs the defense side in IP litigation. Watch the video edition of this episode: https://www.courtroomsciences.com/r/58S.
The Litigation Psychology Podcast - Episode 79 - Strategies for Settlement Negotiations Kellie Howard-Goudy, Attorney with Collins Einhorn Farrell, joins the podcast to talk about strategies for settlement negotiations. Since over 95% of cases settle, honing the skills and process to manage settlement negotiations is a critical skill for litigators. Kellie shares her strategy for settlement negotiations with Dr. Steve Wood including developing a risk/benefit analysis. Communication with the client is also key to the settlement strategy as it is important to consistently remind your client about the definition of a win. Kellie also talks about how critical it is to know the strengths and weaknesses of your case and the opposing counsel's case, as well as knowing what your case is worth, in advance of entering into settlement negotiations. Lastly, Kellie and Steve discuss the impact of Covid on settlement negotiations and the expected volume of settlements, the importance of doing jury research and working up a case as if it will go to trial and not assuming your case is going to resolve. Watch the video of this episode: https://www.courtroomsciences.com/r/7aE
The Litigation Psychology Podcast - Episode 7 - Trucking and Transportation Litigation in the Era of COVID-19 The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents a new episode on litigation in the trucking and transportation industry during the time of COVID-19. In this episode, Dr. Bill Kanasky, CSI Litigation Consultant, is joined by 30-year veteran litigation attorney Mike Bassett. Mike and Bill discuss how the trucking and transportation industry is being recognized for their contributions during the COVID-19 pandemic and how that might influence juror perceptions. They also discuss the importance of storytelling in litigation, how the trucking industry needs to be better prepared for nuclear verdicts by being proactive, how to combat a plaintiff reptile attack, and more.
The Litigation Psychology Podcast - Episode 24 - Liz Skane on COVID-19 and juries, nuclear verdicts and CA judges This video episode of The Litigation Psychology Podcast features an interview with Liz Skane, Partner with Skane Wilcox. Liz and Dr. Bill Kanasky discuss the impact of COVID-19 on litigation and juries and the continued presence of reptile in litigation and its effect on nuclear verdicts. Liz and Bill also talk about the exposure companies are creating for themselves with their COVID-19 messaging, plus their experiences with CA judges. To watch the video of this podcast: https://bit.ly/3gemIAP.
The Litigation Psychology Podcast - Episode 36 - Georgianne Walker on Medical Malpractice Litigation and more! The guest for this episode of The Litigation Psychology Podcast is Georgianne Walker, Partner at May Oberfell Lorber. Georgianne talks to us about the challenges of preparing foreign-born physician witnesses for testimony and the concerns and anxieties of some foreign-born physicians. She also discusses the challenges of working as a female attorney and her advice for younger, early career female attorneys. Bill and Georgianne also talk about preparing for a plaintiff reptile attack, the consequences of a bad deposition and the power of a well-prepared, effective deposition and testimony, plus adjustments that need to be made in voir dire due to Covid-19 and the recent social unrest. To view the video version of this podcast, click here: https://bit.ly/3fpIz6K
The Litigation Psychology Podcast - Episode 51 - Attorney Demeanor with Paul Motz & Matt Moffett In this week's podcast, trial attorneys Paul Motz, Shareholder, Segal McCambridge Singer & Mahoney and Matt Moffett, Partner, Gray, Rust, St. Amand, Moffett & Brieske, LLP, join CSI Litigation Consultants Dr. Steve Wood and Dr. Bill Kanasky to discuss the topic of attorney credibility and attorney demeanor. The group talks about the difference between plaintiff and defense attorney performance, the aggressiveness of plaintiff attorneys compared to defense attorneys, and how that aggressiveness impacts all aspects of the litigation process, not just the trial. They speak about how the plaintiff’s bar has kept the defense bar in a reactive mode, how that has helped contribute to nuclear verdicts, and what can be done about them. In addition, the group discusses how the insurance defense industry can be better prepared during litigation and how they can leverage research, data, and witness training to guide settlement negotiations and decisions, and much, much more. Watch the video version of this podcast here: https://www.courtroomsciences.com/r/xd2
The Litigation Psychology Podcast - Episode 75 - Frequently Asked Questions A special episode for the 75th edition of The Litigation Psychology Podcast. Dr. Bill Kanasky answers questions that have come in from podcast viewers and listeners. The questions asked and answered:

- Should I do my mock trial in the actual venue of the lawsuit?
- How should I handle confidentiality and do you recommend using real names in the mock trial?
- My witness is not responding back to me. What do I do?
- I started my opening statement with the company commercial to humanize my client, but I got hit with a nuclear verdict. Why did my approach backfire?
- My witness won't shut up during prep and is trying to win the case in the deposition - how do I stop this?
- My witness speaks very little English - what is the best way to conduct witness prep with a translator?
- Are jurors angry in the post-Covid era?

Listen to this episode to hear Dr. Kanasky's answers to these questions. Have your own questions? Send them to bkanasky@courtroomsciences.com.  Watch the video version of this episode: https://www.courtroomsciences.com/r/d5v
What is The Litigation Psychology Podcast all about? This episode provides an introduction to The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc.
The Litigation Psychology Podcast - Episode 76 - What Young Attorneys Need to Know Our guest for this episode of The Litigation Psychology Podcast is Punam Kaji, Assistant General Counsel for Ben E. Keith. Punam is focused on employment and litigation matters for the company and is the 2021 winner of the Outstanding Young Lawyer Award of Tarrant County (TX) Young Lawyers Association. She shares with Dr. Steve Wood some of her background as a young attorney and how her experience has benefited from working in a law firm as well as in-house. 

Punam talks about how young attorneys can help their firm's litigators assess how strong their case is for trial, particularly by conducting witness interviews early in the case. Young attorneys can also gain great experience by helping to work up the details of a case. They can make themselves valuable in managing the case by knowing all of the details of the case, understanding the case inside and out and looking at the case from the opposing side's standpoint to bring that perspective to the trial team. 

Punam also emphasizes the importance of young attorneys learning about the business of their clients, how they operate, their culture, vocabulary, etc. and how valuable that knowledge can be when working with their clients. Lastly, she shares her thoughts on how young attorneys can build a book of business and the importance of the critical step of asking for the work. Watch the video of this episode: https://www.courtroomsciences.com/r/p3X
The Litigation Psychology Podcast - Episode 5 - COVID-19 Crisis Communications The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents a special episode dedicated to crisis communications. In this episode we highlight the mistakes and missteps that businesses are making when communicating with customers, employees, and their communities about COVID-19. Dr. Bill Kanasky, CSI Litigation Consultant, is joined by Sean Murphy, head of the CSI Crisis and Litigation Communications team. Sean and Bill discuss how corporations are mismanaging their communications, the legal exposure they are creating for themselves - including potential reptile attacks - and how businesses should approach communicating with key stakeholders during a crisis situation.
The Litigation Psychology Podcast - Episode 46 - Tim Christ on Forensic Engineering for Insurance Claims Author, forensic engineer, and insurance industry expert Tim Christ joins the podcast to discuss forensic investigations for fraud and how his book on this topic: Becoming a World-Class Expert: The Business of Forensic Engineering came to be. Tim talks about how mediations can be used to resolve claims, what a client should look for when hiring an expert, the importance of preparing expert witnesses just like preparing fact witnesses, and how experts can be used to thwart injury claims by plaintiff, and more. To watch the video of this podcast: https://www.courtroomsciences.com/r/Uxj
The Litigation Psychology Podcast - Episode 6 - The Myths of Litigation Psychology The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents Episode 6! Today's episode is all about the myths of litigation psychology and litigation consulting. Dr. Bill Kanasky is joined by Dr. Steve Wood and together they discuss and address a number of commonly held beliefs and misconceptions about the practice of litigation consulting and what litigation psychology can do to benefit the litigation process. This is an insightful and unique topic which covers everything from mock trials to witness training and more.
The Litigation Psychology Podcast - Episode 30 - Trucking Attorney Mike Bassett on Hot Topics in Trucking Litigation Mike Bassett, Senior Partner, The Bassett Firm in Dallas, TX joins The Litigation Psychology Podcast to discuss a number of topics in trucking litigation including the challenges with preparing truck drivers for testimony, how to manage the relationship with drivers and the on-going problem of nuclear verdicts. In addition, Mike shares his thoughts on what the industry can do to prevent these nuclear verdicts, including going on the offensive and not always play defense, and communicating more within the defense bar. Mike also gives his thoughts on anchoring, plaintiff's bar advertising against the trucking industry and continuing dangers of Reptile attacks. To watch the video of this podcast: https://www.courtroomsciences.com/r/9Ip.
The Litigation Psychology Podcast - Episode 10 - Philip Willman (President of DRI) In this video episode of The Litigation Psychology Podcast, the President of DRI discusses how DRI is handling the pandemic response for their membership, as well as insights on nuclear verdicts, the challenges with battling third-party funding of plaintiff's litigation, the value of preparing witnesses for reptile attacks before depositions and the pros and cons of virtual depositions, plus an update on DRI's plans for in-person events. View the video version of the podcast here: https://bit.ly/2Lw8RI4.
The Litigation Psychology Podcast - Episode 38 - The Impact of Political Affiliation on Jurors' Verdicts In recent years, American politics have been highly polarized. CSI's Litigation Consultants recently conducted research on the extent to which jurors’ political affiliation “matters,” and illustrates why jurors’ political orientation must be considered within the context of other social and psychological factors to maximize the effectiveness of jury selection strategy.

In this episode of The Litigation Psychology Podcast, CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss this research and what the results mean for attorneys and their perceptions about jury selection.
The Litigation Psychology Podcast - Episode 34 - The Reptile Opening Statement This episode of The Litigation Psychology Podcast highlights a topic that doesn't get very much attention: the Reptile Opening Statement. Dr. Bill Kanasky discusses how Reptile attorneys build an opening statement and how a defense attorney needs to be prepared and respond. Dr. Kanasky also provides an explanation of Primacy and Recency Effects, as well as the top miscues by defense attorneys in their opening statements. To view the video version of this podcast, click here: https://bit.ly/2XbHKbq
The Litigation Psychology Podcast - Episode 52 - Mental Health of Witnesses In this episode of The Litigation Psychology Podcast, Bill Kanasky, Ph.D. and Alyssa Parker, Ph.D. discuss the sensitive but hugely important topic of mental health. Mental health has always been a factor in litigation but since the onset of the Coronavirus pandemic, it has become broader and more critical, affecting an even larger percentage of the population. Dr. Kanasky and Dr. Parker talk about the challenges and stigma associated with mental health, the increase in mental health needs due to Covid-19, and the difficulty of accessing mental health treatment during the pandemic. They also share their expert insights on how mental health issues can impact witness testimony and case outcomes and the importance of fully evaluating the psyche of a witness with a trained psychologist prior to preparing for deposition or trial. Also covered is the need for attorneys to explain the litigation process to witnesses, and how to manage the relationship with a witness before, during, and after their deposition. Watch the video version of this podcast here: https://www.courtroomsciences.com/r/XYh
The Litigation Psychology Podcast - Episode 33 - The Importance of Attorney Credibility On this episode of The Litigation Psychology Podcast, Dr. Lorie Sicafuse and Dr. Steve Wood discuss the topic of attorney credibility. Dr. Wood has researched attorney credibility for a number of years and shares his insights on the importance of the credibility of both plaintiff and defense attorneys to jurors during the litigation process. They discuss what jurors see that makes them believe that an attorney is or is not credible, what factors they like and don't like to see from an attorney, and what attorneys can do to be seen as more credible by jurors.
The Litigation Psychology Podcast - Episode 9 - John Nunnally - Trucking John Nunnally, Partner at Ragsdale Liggett, joins Dr. Bill Kanasky to discuss litigation in the trucking and transportation industry in the era of COVID-19. Bill and John talk about how recent good PR for the trucking industry might impact juror perceptions, the challenges with preparing truck drivers and safety directors for depositions and what the jury pool might look like in a post-COVID-19 world. To watch the video of the podcast, go here: https://bit.ly/2yIBU8B
The Litigation Psychology Podcast - Episode 90 - Physical Fitness for the Legal Profession Brian Thompson, Founder of Law & Motion, joins the podcast to talk about physical fitness for attorneys and others in the legal profession. Brian is a practicing attorney who made a lifestyle change at the start of his legal career to put more of a focus on his physical fitness. He talks with Dr. Bill Kanasky, Jr. about the stresses of the attorney profession and how those demands make it easy to put off being healthy and physically fit and what some tips are to overcoming these obstacles. Bill has experience with clinical research on physical fitness and shares results from his dissertation on why people quit exercise programs, which is the biggest challenge with any exercise regime. The top two predictors of why people stop exercising are pain (overdoing it) and illogical, unmet expectations. Bill asks Brian to weigh in on how to address these predictors of why people stop exercising and they also talk about the necessity of a strong, healthy diet in addition to a solid exercise plan. Lastly, Brian shares his thoughts on fad diets, how to think about the gym as the practice ground for where you practice for your daily life activities, and how to make a plan for better health and physical fitness. Watch the video version of this episode: https://www.courtroomsciences.com/r/LWL
The Litigation Psychology Podcast - Episode 44 - Jason Long on Healthcare Litigation Jason Long, Attorney with London | Amburn Attorneys at Law joins the podcast to discuss several healthcare litigation topics. Jason and Dr. Bill Kanasky talk about what the impacts of Covid-19 have been - both good and bad - on witness training, depositions, and some lessons learned thus far. They also chat about the importance of talking to healthcare professionals on how to answer questions about documentation, and setting expectations around documentation, to prevent from being trapped by reptile questions. Jason and Bill also highlight the challenges of working with nurse witnesses who, due to the circumstances of specific cases and the sympathy involved, may require emotional psychology training before testifying. They discuss the challenges of foreign-born healthcare professionals as witnesses and how to manage them, plus how things will change in jury selection and voir dire in light of Covid-19. And they conclude with their thoughts on the lack of development of younger defense attorneys and the importance of preparing them for litigating cases, especially with the plaintiff's bar so heavily investing in the development of their younger plaintiff attorneys. To watch the video of this podcast: https://www.courtroomsciences.com/r/Joo
The Litigation Psychology Podcast - Episode 17 - The Challenges and Opportunities with Witnesses in Trucking Litigation This video episode of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Steve Wood discussing his experiences with preparing trucking and transportation industry witnesses and the dangers of reptile attacks in trucking witness preparation. Dr. Wood also offers his insights on how juror perceptions of truck drivers and the trucking industry may shift in light of positive COVID-19 PR, what the impact is of plaintiff bar advertising in the trucking industry and the distinct advantages of engaging with a litigation psychologist before depositions occur vs. after. To watch the video of this podcast: https://bit.ly/2TuXrZr.
The Litigation Psychology Podcast - Episode 62 - Frank Ramos, Jr. on Mentoring Attorneys Well-known speaker and author Frank Ramos, Jr., Partner with Clarke Silverglate, joins the podcast to share a bit about his background and his approach to mentoring young, early career attorneys. Frank talks about his recommendations for attorneys to focus on training for both soft and hard skills and his suggestions on marketing and promoting yourself, particularly on social media. He provides his thoughts on the future of attorney training, including how the increase in virtual training will continue and improve over time. Lastly, he offers his perspective on career opportunities, how firms can address the increased turnover of associates and his advice for new law school grads on how to make decisions about offers from different firms. Watch the video version of this episode here: https://www.courtroomsciences.com/r/vht.
The Litigation Psychology Podcast - Episode 11 - The Impact of the COVID-19 Crisis on Civil Jurors' Attitudes and Decision-Making In this episode of The Litigation Psychology Podcast, CSI Litigation Consultants Dr. Steve Wood and Dr. Lorie Sicafuse discuss what the research says about how jurors' attitudes, behaviors, beliefs, and decision-making might be affected by the COVID-19 pandemic. They discuss how thought processes and decision-making processes could be influenced by the COVID-19 crisis and what affect juror attitudes about Asian-Americans, as well as those on the front lines of the pandemic such as nurses, doctors, and truck drivers, might have on their evaluation of case facts. Plus, they cover what companies should be doing now in preparation for future litigation.
The Litigation Psychology Podcast - Episode 82 - JFK Assassination Expert Jefferson Morley - Part 2 Author and former Washington Post reporter Jefferson Morley, one of the world’s most credible authorities on the assassination of President John F. Kennedy, joins the podcast for the second of a two part episode to talk all about the JFK assassination. Mr. Morley is the editor of the blog JFK Facts (jfkfacts.org). 

In this episode, Morley and Dr. Bill Kanasky discuss video and audio from the day of the assassination plus Jim Garrison and the trial of Clay Shaw. They talk about if there were other threats or attempts on JFK's life before Dallas and why the withholding of documents related to the assassination continues to this day. Morley and Kanasky discuss the KGB and Soviet reaction to the assassination, origin of the term "grassy knoll", who was Jack Ruby, the single bullet theory, where is President Kennedy's brain, the CIA's files on Oswald, what remains in the files that have yet to be released, and more. Watch the video edition of this episode: https://www.courtroomsciences.com/r/Oqd
The Litigation Psychology Podcast - Episode 21 - Attorney Matt Moffett & Dr. Lorie Sicafuse on the importance of science in litigation This video episode of The Litigation Psychology Podcast features two guests: Matthew Moffett, Partner with Gray, Rust, St. Amand, Moffett & Brieske, LLP and Dr. Lorie Sicafuse, CSI Litigation Consultant. Matt and Lorie join Dr. Bill Kanasky to discuss virtual depositions, the exposure that is being created by COVID-19 communications sent by businesses, and the on-going challenge of nuclear verdicts and settlements. They also offer their thoughts on the influence of COVID-19 on juror perceptions and how litigators will need to adjust, and the continued importance of science and rigorous research in mediation and trial preparation. To view the video version of this podcast: https://bit.ly/2ZrOgN1.
The Litigation Psychology Podcast - Episode 70 - Traumatic Brain Injury Cases Rick Joslin, Attorney with Collins Einhorn Farrell, talks to Dr. Steve Wood about Traumatic Brain Injury cases and some of the considerations when managing these types of cases. Rick and Steve discuss the challenges in defending traumatic brain injury cases which aren't always as visible as a physical injury and how the plaintiff's bar uses neuropsychological testing in making their case. Rick shares some of the approaches he has taken to be successful in defending traumatic brain injury cases and highlights and explains the importance of obtaining specific types of records early in the process including medical records, high school records, plus EMS records and emergency department records. Lastly, Rick and Steve talk about how a diagnosis of a traumatic brain injury is derived and how well jurors understand these types of traumatic brain injury cases in order to deliberate and arrive at their verdict. Watch the video version of this episode: https://www.courtroomsciences.com/r/ZQB
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