The official blog of DOAR Litigation Consulting. Covering litigation issues from discovery to decision. 

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E-mail Spoofing: A Cautionary Tale

Ever wonder when you receive an e-mail if the actual person displayed in the FROM header is really the Sender?  Throughout the years, while working on matters to structure comprehensive searches or preparing privilege logs, we often encounter unknown “display names” that are completely different from that of the actual sender. For example, let’s say

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The Apple v Samsung Jury Trial

IDG News asked experts on the legal system, patent litigation and the smartphone market what they made of the Apple v. Samsung case as the jury begins deliberations. Read what our expert, Roy Futterman, had to say here.

 
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Decent Exposure: Focusing On The Primary Voir Dire Goal

It is easy to over-think jury selection, especially when one listens to the plethora of theories and techniques of people who think way too much about it, like, say, the writers of this blog. To remedy this, here is a simple guide to how to pick your favorable jury by focusing on the most basic

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To Testify Or Not To Testify

With regard to testifying in criminal cases, research suggests that defendants are “damned if they do, damned if they don’t.”  When defendants choose not to testify, judges often instruct juries not to conclude anything (e.g., guilt) from their choice not to testify.  Studies have shown, however, that limiting instructions actually have a boomerang effect in

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Jurors, Judges, and Signing Pledges on Internet Use

Judge Shira A. Scheindlin (US v. Viktor Bout, 2011) turned to jurors’ pledges to stop jurors from researching cases online. Her hope was that having jurors sign pledges promising not to research a case online (or elsewhere) would make their oaths more salient and stop jurors from conducting online research. It probably did not hurt

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The State Court Funding Crisis

I had the privilege of speaking this weekend at the Pound Civil Justice Institute’s Forum for State Appellate Court Judges.  Though I was speaking on social media and the courts, the broader theme of the conference was the funding crisis for state courts.  It was sobering to hear about courthouses that are cutting hours or

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© 2012 DOAR Litigation Consulting