On June 1, 2015, in Elonis v. United States, the U.S. Supreme Court ruled in a 7-2 decision that a Pennsylvania man’s conviction for posting threatening Facebook posts regarding his estranged wife was a reversible error. The Supreme Court held…
Battery Liability for Offending Unusually Sensitive Sense of Personal Dignity
Under new rules, promulgated by the powerful American Law Institute, offending ultra-sensitive people now carries battery liability. In the olden days, battery was considered an offensive “unwanted touching” based on the reasonable person standard, for example, grabbing a menu out…
I've Been Hacked. Have I Been Damaged?
Pleading computer fraud damages Computer fraud has been a hot topic in the news with seemingly new lawsuits everyday. Nevertheless, plaintiffs seem to have difficulty pleading damages. Although there is some nuance, pleading damages is a fairly straightforward process as…
Is Litigation More of a Science Than an Art?
BASF’s Litigation Section will be hosting its annual Bench Bar Conference on October 16 to bring together judges, academics, and attorneys to discuss research on the science of decision making and persuasion. The event, entitled “Is Litigation More of a…
Innovation Needed to Attract Silicon Valley In-House Counsel
In a meeting billed as the “In-House Counsel Summit” on Wednesday afternoon, a panel of three legal leaders from prominent Silicon Valley hi-tech companies moderated by David Bruns, Director of Client Services at Farella Braun + Martel LLP, spoke to…
Tips for Better Presenting Photographs in Court
This article was first published by Michael Kelleher on the Cogent Legal Blog at cogentlegal.com/blog/2014/08/tips-for-photographs-in-court Well-presented photographs are powerful tools for litigators. In this post, I’ll share some samples that show how we’ve helped litigators use photographs in court, along with a…
Excel for Litigators: Tips to Present Numbers and Calculations at Trial
This article was first published by Michael Kelleher on the Cogent Legal Blog at cogentlegal.com/blog/2014/06/excel-for-litigators/ Litigators must master the presentation of numbers and calculations in trial because numbers often prove damages and/or liability. However, showing and explaining numbers and calculations in trial…
Litigation Tech Tips for Easy Access and Analysis of Key Case Info
This article was first published by Michael Kelleher on the Cogent Legal Blog at cogentlegal.com/blog/2014/01/tech-tips-for-case-information/ Litigation would be much easier if you could work on just one case at a time, and if each case moved quickly to a conclusion. Unfortunately, litigators…