litigation strategy Archives

Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask
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Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask

Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask

April 4th, 2024|Categories: ELP, HB Emerging Law Notes|Tags: antitrust, antitrust litigation, breach of contract, Civil Jury Project, complex commercial litigation, conspiracy, Defend Trade Secrets Act, emerging litigation, emerging litigation podcast, Emerging Technologies, fraud, hb litigation, insurance, intellectual property, journal on emerging issues in litigation, juror psychology, jury research, Jury Selection, legal podcast, litigation, litigation podcast, litigation strategy, oil and gas, patent and trademark infringement, plaintiffs and defendants, products liability, regulatory enforcement, Securities, tara trask, Tom Hagy, trade secrets, Trask Consulting, Trial Consultant Advisor, trial consulting|

In this episode, we discuss picking juries in an age of misinformation, general distrust, tribalism, unleashed social media surfers, and unorthodox legal strategies unfolding on a daily basis with Tara Trask of Trask Consulting, jury and trial expert. "Jury service is an opportunity for everyday Americans to interact with an important institution, our courts, and play their part as citizens,"Trask says. "The court system could very well be our saving grace in trying to hang on to our democracy." Listen now.

Modernizing Our Court System (but Don’t Attend Trial from Your Car) with Hon. Scott Schlegel
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Modernizing Our Court System (but Don’t Attend Trial from Your Car) with Hon. Scott Schlegel

Modernizing Our Court System (but Don’t Attend Trial from Your Car) with Hon. Scott Schlegel

February 15th, 2023|Categories: ELP, Emerging Litigation & Risk, HB Tort Notes|Tags: emerging litigation, emerging litigation podcast, hb litigation, Judicial, Judicial Perspectives, litigation articles, litigation settlements, litigation strategy, mass tort, Scott Schlegel, Tom Hagy|

The judicial system is overburdened for a number of reasons, and greater efficiency is a must if court systems are to achieve their important objectives. Technology and openness to all that it offers is a key solution, something that was tried, tested and proven during the Covid pandemic which closed courthouses and law offices around the nation. Along with technology, improvements can be made by reexamining their orthodoxies about how things should be done based on decades of "that's how we've always done it." This is a matter of importance to judges, lawyers, plaintiffs, defendants, and numerous others whose lives are impacted directly or indirectly when either the civil or criminal justice systems are inefficient, cumbersome, costly, confusing, slow, and even inaccessible. If only we had an example of at least one judge who is trying to do something about it. But wait ... [...]

Greatly Exaggerated: The Impact of Bankruptcy on Mass Torts with Jennifer Hoekstra
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Greatly Exaggerated: The Impact of Bankruptcy on Mass Torts with Jennifer Hoekstra

Greatly Exaggerated: The Impact of Bankruptcy on Mass Torts with Jennifer Hoekstra

January 12th, 2023|Categories: ELP, Emerging Litigation & Risk, HB Tort Notes|Tags: bankruptcy, emerging litigation, emerging litigation podcast, hb litigation, Jennifer Hoekstra, Lawyers, litigation articles, litigation settlements, litigation strategy, mass tort, Tom Hagy|

When large companies face massive mass tort litigation, one way they can survive is to file for bankruptcy protection and reorganize. 3M recently put its Aearo Technologies subsidiary into bankruptcy in the face of more than 230,000 claims that's its defective earplugs caused hearing loss. When it came to filing bankruptcy 3M said Aearo was solely responsible for the product. But for several years of litigation 3M argued that it, as the parent, was solely responsible, not its various subsidiaries. That was a strategy that was beneficial to the company in multidistrict litigation. Why did 3M suddenly change course? What impact does bankruptcy have on claimants? Could corporations use bankruptcy law to neuter mass tort litigation for all eternity? And how did the strategy sit with the federal magistrate judge overseeing the multidistrict litigation? Joining me to discuss this incredibly complex litigation is Jennifer M. [...]

Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning
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Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning

Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning

January 6th, 2023|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: bressler amery, court hearing, Diana Manning, emerging litigation, emerging litigation podcast, hb litigation, Lawyers, litigation articles, litigation settlements, litigation strategy, Supreme Court, supreme court justice, Tom Hagy|

The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. The backlog of cases in New Jersey, for example, nearly quadrupled between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN). The state is also facing a historic shortage of jurists, NJSN reported, “leading to overworked judges, huge case backlogs and nearly 7,000 defendants in jail without bail, some 500 of them for more than two years despite a law that essentially requires a trial within two years for anyone detained." As reported by NJSN, one court official told the state Assembly Budget Committee about the impact of the pandemic on the court system: “Buildings were closed to most in-person trials for more than a year, although other proceedings continued virtually. The business closures and high unemployment led to a housing crisis that [...]

Lawyers for Good with Tara Trask and Jason Flom
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Lawyers for Good with Tara Trask and Jason Flom

Lawyers for Good with Tara Trask and Jason Flom

December 22nd, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: emerging litigation, emerging litigation podcast, hb litigation, Jason Flom, Lawyers, litigation articles, litigation settlements, litigation strategy, pro bono publico, tara trask, Tom Hagy|

If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you. Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make the world a better place. When there is strife, there is a supporting organization, and with them are lawyers. Wrongful convictions. Voting rights. Environmental protection. The rights of women, people of color, workers, LGBTQ, immigrants, asylum seekers. Lawyers are in a unique position to do something about all of this. And they do. And we hope more will. Join me as I interview nationally acclaimed trial consultant Tara Trask and music industry star-maker Jason Flom. Tara Trask is the President of Trask Consulting, a boutique litigation strategy, jury research and [...]

Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar
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Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar

Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar

April 1st, 2019|Categories: Emerging-On-Demand-CLE, Featured On-Demand, Torts-On-Demand-CLE|Tags: case valuation, litigation settlement, litigation strategy, mass tort settlement, mass torts, personal injury, personal injury settlement, settlement strategy|

Settlement Psychology Who's in charge? Homer Simpson or Mr. Spock? Cognitive obstacles to finding common ground. Complimentary On-Demand Webinar From HB! 1 CLE credit CLE questions? CLE@LitigationConferences.com Questions for speakers? Questions@LitigationConferences.com SPEAKERS Jeff Trueman Mediator / Negotiator John Philip Miller Baltimore City Circuit Judge (ret.) This course is also available via the West LegalEdcenter. Improve your negotiation strategy and outcomes. Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on them when it comes time to settle a claim. “The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a [...]