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Although any trial lawyer would like to be Atticus Finch in “To Kill a Mockingbird” ' to make the world's most eloquent argument to a jury on the client's behalf ' the reality is that a trial creates a situation in which the risks of losing, in general, do not outweigh the safety to be found in a negotiated settlement. In effect, both parties win when a case settles. A methodical deposition that has been carefully prepared serves the client's interests, since it favors a controlled settlement.
If you want to settle cases or to win at trial, the “crux move” in medical negligence litigation is the deposition of the opposing medical expert witness. This article provides the theory you need to conceptualize the deposition, to decide what you need, and to create an intricate, yet effective method that will pin down the opinions and, simultaneously, allow weaknesses in the opposing case theory to surface. This type of a deposition will encourage settlement, or, if the case does go to trial, the trial lawyer will have the best ammunition. These techniques may be applied in any deposition for any witness.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.