Tag Archive for: litigation

What Languages Can Your Investigator Speak?

I think we can all agree that the more languages you can speak, the better off you will be, all other things being equal. AI instant translation is a great invention, but who wouldn’t want to be able to read a case or a newspaper article in…
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The Advantage of Small Talk in Big Cases

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…
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Can Your Investigator Interview Your Opponent’s Ex-Employees? A Good Test for Your Investigator Before You Hire

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…
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Artificial Intelligence in Law: The Challenge of the Unlimited-Document Universe

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…
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Artificial Intelligence at Law Firms: The New Standard for “Smart” Lawyers

By now, if a lawyer isn’t thinking hard about how automation is going transform the business of law, that lawyer is a laggard. You see the way computers upended the taxi, hotel, book and shopping mall businesses? It’s already started in…
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The Best Picture Mix-Up and Artificial Intelligence

What will it take for artificial intelligence to surpass us humans? After the Oscars fiasco last night, it doesn't look like much. As a person who thinks a lot about the power of human thought versus that of machines, what is striking is…
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The Yelp Defense: Internet Garbage Isn’t Our Problem

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. This blog thinks the Ninth Circuit…
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Expert witnesses: Does Anyone Ever Check These People Out?

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. What an eye-opener. Nearly half of these people…
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Finding Litigation Awards and Settlement Proceeds

  PROBLEM: For years, you have heard your debtor complain about a lawsuit between him and his former business partner.  You suspect that the case is nearing a close, and that the debtor may receive a sizeable payout.  The debtor…
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The Half-Life of Facts: Required Reading for Lawyers

A wonderful new book called The Half-Life of Facts by Samuel Arbesman makes riveting reading for anyone in the business of gathering information. Don’t let the fact that the author is an applied mathematician scare you off. Arbesman keeps…