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Most litigators have at least a passing familiarity with the so-called “tailored testimony rule.” In the paradigmatic civil litigation example, a party makes a damning admission at his deposition, the admission is...

Authored and researched by Tim Capowski, John F. Watkins, and Kharis Lund with assistance from former colleague(s). The first two parts of this series discussed the role of certain tactics and improper summation techniques...

Authored and researched by Tim Capowski  and John F. Watkins with assistance from Kharis Lund and a former colleague. In part one of this article, we addressed the species of summation misconduct that we classify under...

Authored and researched by Tim Capowski, John F. Watkins, and Kharis Lund with assistance from a former colleague. Anyone who follows sports is familiar with the concept of a borderline play—the move or technique that...

Authored and researched by Tim Capowski with assistance from a former colleague. The problem is clear, the consequences are acute, but the solution is simple. The courts must act today to protect New York from the upward...