Listen to me explain why putting people at ease is the best way to elicit information from them. I don’t have a badge or a subpoena, so the key is to be nice to them and be interested in what they do, think, and feel. Get the podcast chat on Ernie Sander’s  “You Said What?”

Any litigator tasking interviews of potential witnesses needs to know about the no-contact rule (ABA Model Rule 4.2)[1], which forbids talking to represented people on the other side of a case. This also goes for most current employees of the other side —  certainly any employee senior enough to make critical decisions or

Anyone following artificial intelligence in law knows that its first great cost saving has been in the area of document discovery. Machines can sort through duplicates so that associates don’t have to read the same document seven times, and they can string together thousands of emails to put together a quick-to-read series of a dozen

When your defense is that the law allows you to publish garbage without fear of prosecution, one takeaway is simple: the internet is filled with garbage that needs to be well verified before you rely on it.Internet searching

This blog thinks the Ninth Circuit got it right in exonerating Yelp this week from the lawsuit by

We have been asked in recent months to look at an uncommonly large number of expert witnesses, both for clients thinking of hiring experts and by people checking out the other side’s experts.expert witness due diligence.jpg

What an eye-opener. Nearly half of these people turned out to have something in their backgrounds that would give someone pause before

On Election Day, it’s useful to remember that Speaker of the House Tip O’Neill’s famous assertion that “All politics is local” can apply to investigations as well.

When we’re tasked with a public records search, our clients expect that we’ll review federal and state government records. What they may not realize, though, is that an exhaustive public records search also requires digging through local public records, which may be a treasure trove of offline information unavailable elsewhere. Remember, though: There’s local and then there’s local. Think of it as gradually smaller geographic circles until you hone in on where the person you’re investigating actually lives or works.
Continue Reading Local Public Records: Offline and On Foot