Testifying as an expert witness is one of the most exciting and hazardous forms of duty that professionals can be asked to perform. Drawing on his direct experience from 200 jury trials and 600 depositions within the American judicial system, Professor Brian Peter Brinig shares inside information on:

- Strategies and tactics of high-level expert witness work

- Providing sophisticated, defensible expert testimony in depositions and trials

- Handling antagonistic attorneys and surviving cross-examination

- The subtleties of testifying in front of judges and juries

- Planning, developing and documenting the expert opinion

- Procedures and practices required for success in litigation consulting

- Managing and marketing a new or existing forensic consulting practice

Mastering the Art of Expert Witness Testimony is a must-read for anyone involved in-or contemplating-this exciting, lucrative area of consulting.

The legal system was not designed for the economically disadvantaged. Yet, we ask citizens to use this system every day in spite of its shortcomings. If you have been sued or need to sue to seek legal redress, this book is for you. It will guide you through some of what to expect, and further explain why the system does not render justice every day.

Having served as a judge from 2005-2016, I better understand the judge's perspective of why the system works for some and not others. It's a chance for me to reflect on my 35 plus years of a legal career and help other people.

It is not a detailed story of every aspect of trial. But it is a synopsis of various stages of litigation, and suggested resources to navigate the legal system when financial resources are limited.

In Too Hot to Handle or Mishandled? A Guide to Hot Beverage Spills & Burn Lawsuits, a follow-up to his first book Handling Hot Coffee published 2013, author and coffee industry expert Dan Cox brings his expertise to address the underlying issues of hot beverage spills and consumer lawsuits.

This comprehensive reference for the hot beverage industry and its lawyers reviews the common causes and claims in hot beverage litigation, provides pertinent scientific information about beverage temperatures in terms of brewing standards, consumer preferences, spills and scald burns. It also offers concrete, practical suggestions for spill prevention as well as Coffee Enterprises recommendations for Best Practices for Commercial Operations.

Too Hot to Handle or Mishandled? also serves to help retail establishments develop risk management strategies for spill prevention and includes pertinent scientific and research-based information to help prepare a successful defense if sued.

Testifying as an expert witness is one of the most exciting and hazardous forms of duty that professionals can be asked to perform. Drawing on his direct experience from 200 jury trials and 600 depositions within the American judicial system, Professor Brian Peter Brinig shares inside information on:

- Strategies and tactics of high-level expert witness work

- Providing sophisticated, defensible expert testimony in depositions and trials

- Handling antagonistic attorneys and surviving cross-examination

- The subtleties of testifying in front of judges and juries

- Planning, developing and documenting the expert opinion

- Procedures and practices required for success in litigation consulting

- Managing and marketing a new or existing forensic consulting practice

Mastering the Art of Expert Witness Testimony is a must-read for anyone involved in-or contemplating-this exciting, lucrative area of consulting.

How do litigation funders raise capital and how do they spend it? What are their corporate and financial structures? What types of cases do they invest in and what are their returns? What contractual structures do they use? What are the key legal issues relating to litigation funding?

The Law and Business of Litigation Finance answers these questions and is an essential guide for those who seek to provide litigation funding, as well as for anyone who wishes to understand the litigation funding process.

The Second Edition includes:

- New content covering the commercial and finance aspects of litigation finance, examining the different stakeholders, what they seek to achieve, and the risks and rewards that attract them
- Increased coverage of the position in Australia, continental Europe and jurisdictions such as Singapore and Hong Kong
- Updated case law including recent high profile cases in the UK, USA and Australia, and a comprehensive record of relevant legislation and regulations in those jurisdictions

Edited by one of the most accomplished litigation innovators in the international market with contributions from leading experts, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

This title is included in Bloomsbury Professional's Practice and Procedure online service.

Legal memoir including case studies and life lessons. Follow along as Mr. Subro tackles litigation running the gamut from a giraffe barn fire at the King of Pop's Neverland Ranch, to a flood caused by the Northridge Earthquake to the devastating Sayre Wildfire. Mr. Subro also touches on subjects like the value of mentorship and the importance of happy hour-and each vignette ends with lessons learned. Equal parts wit and wisdom, Mr. Subro is both a litigator's handbook and philosophy manual which is sure to entertain and enlighten.

Sun Tzu wrote the Art of War almost 2,500 years ago, and it continues to guide the smartest military minds today. In the Art of War for Lawyers, Attorney Troy Doucet analogizes warfare to litigation. His concise rendition should be read by every attorney looking to improve his or her tradecraft. This carefully crafted litigation manual offers numerous insights into the practice of law. You will learn: -The five dangerous personality traits and six calamities that lead to a case's ruin. -How just five factors determine a case's outcome. -How to manage the nine kinds of jurisdictions. -How to prepare for and use scorched earth tactics. -How to classify and work with various kinds of evidence. -How to effectively employ witnesses. -How to use secrecy, bait, and a developed strategy to keep your opponent off-balance. -And much more

Pro se's are in a difficult position, not only because most of them can't afford lawyers and the rest don't have lawyers, but also and perhaps more importantly because of widespread judicial hostility to them; they are thought by many judges unworthy of the attention of the judiciary. As explained in detail in my two books mentioned at the outset of this book, I retired from my court last September because of my distress at the summary fashion in which the court disposed of pro se appeals-rejecting them even when they had merit. We as a team can and I hope will accomplish more for the pro se community than has ever been done before. We have a virtually infinite number of choices of how to make a difference. The most important threshold issues are how best to spend our finite time and how to organize an effective institution. First and foremost is our commitment to help pro se individuals, in whatever respects their legitimate needs dictate, to the extent we're able. The members of the Posner Center of Justice for Pro Se's have each made that choice, and the pro se world is the fortunate beneficiary of the choise.

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need.

With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as:

• Duty to Preserve Electronic Evidence
• Spoliation
• Document Retention Policies and Electronic Information
• Cost Shifting in Electronic Discovery
• Evidentiary Issues
• Inadvertent Waiver
• Table of State eDiscovery rules
• Litigation Hold Notices
• Application of the Work Product Doctrine to Litigation Support Systems
• Collection, Culling and Coding of ESI
• Inspection of Hard Disks in Civil Litigation
• Privacy Concerns
• Disclosure under FOIA

Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity

Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also provides the reader with an awareness and understanding of the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.

At last it can be told, the true insider story of scandal, treachery, and betrayal behind the publishing of one of the most lucrative juggernauts in publishing history, the blockbuster Fifty Shades of Grey trilogy.

You've seen the stories in the news. You've read about it in blogs and chat rooms. Now, read the truth as it played out in a Texas courtroom. As Mike Farris, a seasoned trial attorney known for his grit, determination, and integrity, explained to the twelve jurors who would decide the case: I say there's...two kinds of people. There are the na ve and the trusting; and there are the scheming and the manipulative. And when you get them together, this is what happens.

The true story behind the publishing of the international bestseller Fifty Shades of Grey is more sordid and twisted than any story contained in the originator of mommy porn. It is a maze of international partnership agreements, shady and possibly unenforceable global non-competes bound up with suspicious, constrictive service agreements, confidentiality clauses, non-disclosure agreements, and hidden, secretive contracts that would be worth millions of dollars.

Four women partnered together to publish one of the most successful book series of all time, but one of the partners, Australian Amanda Hayward, absconded with the profits. Left holding the empty bag was bubbly Texas school teacher Jennifer Pedroza. Amanda's acts shattered Jennifer's dream of a bright, well-off future. When the puzzle pieces all came back together, an entirely new image had been created: one that cut Jennifer entirely out of the picture. A flurry of cease-and-desist letters, threats of criminal charges and prison, and underhanded scare tactics not only lead Jennifer to discover her own strength and courage, but to discover the attorney willing to stand beside her and fight for justice.

Mike Farris, trial lawyer and superb writer and storyteller, teams up with Jennifer Pedroza to tell their remarkable story. This tale of betrayal, breach of trust, and high-stakes litigation will keep you glued to the edge of your seat as it takes you on a roller-coaster journey that one journalist called Fifty Shades of Greed.

While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become ubiquitous. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's access to justice.

What's the value of a deceased person, a victim's injuries, a contaminated water well? Formulas for Calculating Damages draws from the fields of law, accounting, economics, and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages.

These formulas can be applied to thousands of case scenarios and used to informally estimate the value of a case, to negotiate or mediate settlements, or to prove damages in the course of a trial. However, they also serve many other purposes: deciding whether to accept or reject a case, whether to hire an employee or retain a contractor, whether or not to sell a business, etc.

In 20 chapters, Formulas for Calculating Damages addresses basic rules and strategies - including calculating interest, measuring probability, the key rates of return, and financial ratios - and introduces the most fundamental formulas, then applies those formulas to the major practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual property, and family law. The last chapter provides a detailed examination of the retention of forensic experts and the top rules for using them strategically. Among the changes to this second edition are new Chapter 4 (Speed Math, Estimation, and Memorization) and Chapter 19 (Admiralty and Aviation Law Damages).

This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded fishing expedition, where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the fishing expedition bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-fishing expedition crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of notice of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37. (From the Introduction ...)

This book is a no nonsense guide for those who seek to understand the nuts and bolts of state and federal civil litigation. It discusses the mechanics of civil litigation from the initial construction of the lawsuit to trial, including pre-trial discovery, motion practice and the stages of a trial. The book also includes important terms and definitions critical to understanding litigation. The Chapters Cover The Following Topics: 1. SUBSTANTIVE LAW/PROCEDURAL LAW 2. THE LAWSUIT CHECKLIST 3. THE TEXAS STATE COURTS 4. REMEDIES 5. ACTIONS AND PARTIES 6. PLEADINGS 7. SOME GENERAL RULES PERTAINING TO PLEADINGS 8. PLAINTIFF'S ORIGINAL PETITION - BY THE NUMBERS 9. FORM - PLAINTIFF'S ORIGINAL PETITION 10. FILING SUIT, SERVICE OF PROCESS AND ANSWER 11. DEFENDANT'S ANSWER TO PETITION - BY THE NUMBERS 12. FORM - DEFENDANT'S ORIGINAL ANSWER 13. DEFENDANT'S CHALLENGES TO PLAINTIFF'S PETITION 14. PRE-TRIAL DISCOVERY - INTRODUCTION 15. TYPES OF PRE-TRIAL DISCOVERY 16. AGREEMENTS BETWEEN COUNSEL 17. FORM - RULE 11 AGREEMENT 18. REQUEST FOR ADMISSIONS 19. FORM - REQUEST FOR ADMISSIONS 20. REQUESTS FOR DISCLOSURE 21. FORM - REQUESTS FOR DISCLOSURE 22. INTERROGATORIES 23. FORM - INTERROGATORIES 24. REQUESTS FOR PRODUCTION AND INSPECTION 25. FORM - REQUESTS FOR PRODUCTION AND INSPECTION 26. ASSERTING OBJECTIONS AND PRIVILEGES 27. EXPERT WITNESSES 28. DEPOSITIONS 29. FORM - DEPOSITION UPON ORAL EXAMINATION NOTICE 30. FORM - DEPOSITION UPON WRITTEN QUESTIONS NOTICE 31. BUSINESS RECORDS 32. FORM - BUSINESS RECORDS DECLARATION AND AFFIDAVIT 33. FORM - BUSINESS RECORDS/MEDICAL BILL AFFIDAVIT 34. MOTIONS 35. FORM - MOTION 36. DISPOSING OF A CASE WITHOUT TRIAL 37. OTHER PRE-TRIAL MATTERS 38. THE PARALEGAL AND THE TRIAL 39. THE STAGES OF A CIVIL TRIAL 40. TRIAL TERMINOLOGY 41. FEDERAL COURTS AND JURISDICTION 42. FEDERAL PROCEDURE - DIFFERENCES IN TERMINOLOGY AND PRACTICE 43. FORM - FEDERAL COMPLAINT 44. FORM - FEDERAL ANSWER 45. FEDERAL PRE-TRIAL DISCOVERY 46. FORM - INITIAL DISCLOSURES - RULE 26, FRCP 47. INNOVATIONS - STATE AND FEDERAL

The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed.

The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following:

• how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks;
• how to approach the potential for international standardization;
• how to plan for cooperation rather than competition with private ODR platforms; and
• how to avoid the mistakes of the earliest online courts.

Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software.

With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.

With the majority of legal disputes being resolved in settlement, crafting strong, enforceable settlement agreements is critical. Most attorneys prepare to negotiate their case, but few get ready to write an effective settlement agreement that optimally addresses all of the issues between the parties and comports with statutory requirements. Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators identifies the many elements of preparation, from drafting proposed settlement agreements prior to negotiations, to reviewing boilerplate provisions with language that may be contradictory to the provisions unique to the settlement negotiated, to identifying desirable nonmonetary terms for the settlement of money only cases, such as indemnity and confidentiality clauses and clearly enforceable payout schedules.

In a single, comprehensive volume, author Brendon Ishikawa, provides valuable guidance for attorneys regarding the process of drafting settlements as well as the substantive terms required for enforceable agreements. An essential resource, this convenient desk reference will help you:

• Explore principles to follow to ensure an optimal drafting process and result for settlement agreement
• Avoid potential traps during the preliminary settlement agreement process
• Understand the legal requirements for settlement agreements
• Navigate complex interpersonal dynamics of people with opposing interests
• Analyze the practical implications of proposed contractual terms
• Identify problematic settlement agreement terms
• Explore ethical issues faced during the settlement agreement process
• Draft an effective, binding, and enforceable settlement agreement
• And much more!

Effective settlement agreements convert the risks, delays, and expenses of lawsuits into solutions that the parties choose for themselves. The drafting of a written, binding, enforceable settlement agreement requires an amount of attention, time, energy, and effort for which attorneys and mediators are seldom fully prepared. You will want to carry it with you to every mediation and negotiation you attend!

Bonus: This book contains a very detailed, valuable checklist of items to be included in a settlement agreement.

This book is intended to provide the foreign professional with a functional understanding of Mexican civil litigation, obviously not to litigate in Mexican courtrooms but to understand and deal effectively with local counsel and other professional counterparts.In doing so it tries to negotiate the opposing problems of being too general and too detailed. As the Mexican system owes much to the civil law tradition of Continental Europe, much can be gained from a knowledge of its overriding themes: for example, the basic schema of civil matters being regulated at the level of the states, of commercial matters at the federal; the weight still given to pleading forms of action; the extremely abbreviated phase in which evidence may be produced and presented, with very limited opportunities for discovery; the absence of a jury; and the relatively greater weight given to verbal versus oral testimony. In addition, the Mexican system has features of its own: among these, the looming presence of its famous (or infamous) amparo proceeding, which adds another layer of review (and delay, depending on one's point of view).At the same time, the book takes a close view at the fine print of procedures that may either involve, or puzzle, the foreign professional. It delves rather deeply into the types of evidence that are generally produced in Mexican litigation, with important distinctions made between party and non-party testimony; public versus private documents; and the great pressure brought on opposing experts to agree with each other, within certain tolerances. It emphasizes the importance placed on joining documentary evidence to the original pleadings; and the lack of sympathy for inconsistent or amended pleadings and theories. It takes the reader through what happens on the day of trial (that word is a misnomer). Some foreign counsel may be shocked to learn they may not witness the court's oral examination or opposing counsel's cross-examination of their own clients. The law is explained primarily through the lens of one code of civil procedure, that adopted in the Federal District, which has also served as a teaching model in Mexican law schools. While the basic template is an ordinary civil lawsuit, the book devotes several chapters to the distinctive summary process known as the juicio ejecutivo, or executory lawsuit (author's translation), which is often used to enforce secured claims, or claims based on negotiable instruments and other types of documents. Two chapters are devoted to ordinary appeals (which are relatively complicated) and the amparo proceeding, which is a direct attack on the lower court based on its alleged violation of constitutionally guaranteed rights. Finally, in the last chapter, the author summarizes and opines on Mexico's recent attempt to introduce orality into its court procedure, a process that over the past decade has achieved mixed results and differing reviews. The author concludes that its main benefit, and most lasting impact, will be in changing the culture of the courtroom, towards greater transparency.Rodolfo Rivera, a law professor, and a professional tasked with hiring local counsel around the world on behalf of a Fortune 500 company, has written: Few U.S. lawyers understand the legal intricacies of Mexican litigation better than Bill author]. Civil Litigation in Mexico is the first English language book that lays out the themes, nuances and the peculiarities of litigation in this very important country... It is long overdue William D. Signet has practiced many years in both U.S. and Mexican law firms, and taught Mexican law at the University of Texas Law School. He is the author of several treatises, books and law review articles on the subject, including the five-volume Mexican Law Library (West Group), and Introduction to the Mexican Real Estate System (Carolina Academic Press). He graduated from Columbia University Law School and the Parker School of Foreign & Comparative La