《HANDBOOK OF BUSINESS LITIGATON TACTICS AND TECHNIQUES》

Chapter 1: How to Get Off on the Right Foot as a Business Litigator: Say What You Mean When You Write and Speak1

Eliminate the Use of Legal Mumbo-Jumbo2

Substitute English for Latin4

How to Avoid the "Cover-All-the-Bases Syndrome"4

How to Avoid Conflicting and Inconsistent Theories4

State the Question and the Issue at the Outset5

Use Plain Words and Short Sentences6

Place the Emphasis on Pictures, Graphics and Movies7

Avoid Technical and Fashionable Lingo7

Seven Litigation Rules to Live By8

Chapter 2: Getting Better Litigation Results by Estimating What to Expect and How Much They'll Cost17

Pick the Trial Team First18

Estimate the Cost of the Lawsuit18

Budget the Case19

Use a Decision Tree to Value the Case20

Use Jury Instructions as a Guide to Issues21

Consider a Protective Order24

Chapter 3: How to Assess the Merits of a Jury Demand49

Points to Consider When Making Your Decision52

Punitive Damage Claims53

Business Tort Claims53

Duration of Trial53

Complexity of Evidence53

Extent of Disposition Testimony53

Budget Constraints53

Judicial Impatience54

Anti-Corporate Bias54

Chapter 4: How to Make Videotape an Essential Technique in Winning High-Tech Litigation57

Videotaped Conference Depositions58

State Courts59

Conducting the Videotape Deposition59

Other Uses of Videotape61

Videotape Places and Things62

How Videotape Leads to Settlement Enhancement64

Buying the Basic Gear64

Editing Guidelines65

Effective Use of Videotape at Trial66

Use to Cross-Examine69

Use During Final Argument69

Sample Orders for Videotaping70

Chapter 5: Seizing and Maintaining Control of Your Case77

Threshold Preparation77

Jury Instructions77

Learn About the Business78

Prepare a Chronology and Glossary78

Find Out About Your Client78

Get the Lowdown on Your Adversary78

Keep Your Trial Team Lean79

Before Discovery Gather Available Evidence81

Putting the Trial Touches on Discovery Preparation82

How to Analyze the Computerized/Manual Issue Index Question82

Deciding Tour Needs for Computer or Manual Support85

Handling Motion Practice85

Producing Defensive Documentation86

Responding to Adversary Requests87

Offensive Document Examination91

Discovery of Parties91

Discovery of Non-Parties91

Discovery of Computerized Evidence92

Depositions93

Chapter 6: How to Beady Your Witnesses for Trial95

Preparing Them for Depositions95

Preparing to Horseshed Major Role Witnesses100

The Final Drill106

Horseshedding Your Leading Role Witnesses for Trial Requires Different Tactics107

Communicating in the Courtroom107

Chapter 7: Making Better Use of Cross-Examination in High-Tech Litigation117

Before Trial117

Obtain Oreganizational Charts118

Conduct a Power Structure Probe118

Prepare a Hit List of Your Adversary's Top Brass119

Do Break the Cardinal Rule for Cross-Examination125

Do Not Allow Unnecessary Questions126

Do Not Tolerate Certain Adversary Instructions126

Cross-Examination During Trial127

Preparing a "Zinger" Cross-Examination Videotape127

Do Not Try to Capture New Tuff127

Plough New Ground Discreetly129

Chapter 8: When and How to Use Expert Testimony to Present Facts and Probe Damages133

Determining What Kind of Expert You Need133

Handling the Expert Witness Relationship138

Frequently Encountered Damage Problems144

Causation144

Accuracy of Estimates144

Measuring Lost Profits and Decline in Market Share144

Measuring Overcharges146

Measuring Reduction in the Value of a Business146

Measuring True Value Versus Inflated Value in Securities Fund Cases147

Some Other Uses of Experts148

Unfair Competition149

Geographic Price Differences149

Predatory Pricing by a Dominant Company150

Monopoly and Attempted Monopoly Cases151

Chapter 9: Using Successful Negotiation Techniques to Avoid Lengthy and Risky Litigation155

Why Lead Counsel Should Not Be the Chief Negotiator155

How to Use Professional Negotiator Techniques156

Prepare a Powerful and Modem Settlement Brochure for the Settlement Judge164

Prepare Modem and Tight Settlement Agreements166

Chapter 10: Success-Proven Final Preparation Rules173

Discard the Weak Claims173

Reduce the Size of the Trial Team174

Using Summary Exhibits175

Arrange Audio-Visual Aids for Maximum Impact177

Do a Comprehensive Evidence Review179

Using Threshold (in limine) Motions to Preclude, and Trial Ground Rules180

Chapter 11: How to Pick a Good Jury185

Questions to Ask Prospective Jurors185

The Case for Blue Ribbon Juries188

Obtain Background Information on Jurors188

Consider These New Developments in Jury Selection189

Deciding Upon the Type of Juror You Want190

Chapter 12: Opening Arguments That Win Business Cases193

Be a Salesman193

Aids for the Salesman194

Be a Spokesman194

Use Charts194

Create a Good Impression194

Speak Directly to the Jury194

What You Must Tell the Jury195

Continue to Use the Rule of Seven196

Winning Pitch—Examples199

Chapter 13: Helping Juries to Understand Cases207

Give the Jury a Short Course207

Give the Jury the Instructions at the Start of the Case208

Use Other Learning Aids to Help the Jury Understand209

Let Jurors Ask Questions210

Use the Modern Mode and Order of Presentation of Evidence210

Use Videotape During Trial210

Treating Ordinary Employees of an Adverse Party as Neutral Third Parties212

Give Jurors a Booklet Covering Each Side's Final Argument212

Chapter 14." Techniques That Win Business Litigation Cases215

How to be Persuasive215

How to Keep It Concise216

How to Recall Your Opening Argument217

How to Use Visual Aids and Graphics217

How to Talk to the Jury During the Close218

A Winning Pitch Example219

Index229