Holland & Knight Legal Podcast

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the distinction between refreshing and impeaching. Mr. Small covers three different approaches to handling problematic answers answers: refreshing a witness' memory, using past recollection recorded and impeachment by a prior inconsistent statement. The episode also outlines the steps involved...

En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Catalina Gutiérrez, abogada de propiedad intelectual, sobre el tema de las familias multiespecie en Colombia. Detallan que, a pesar de la falta de una definición legal, la Corte Suprema ha tutelado derechos relacionados, evidenciado por un caso reciente donde se protegieron los derechos emocionales de una persona...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses what to do when impeaching with a deposition. Impeachment with a prior inconsistent statement is difficult if the witness never made any prior statement on the subject. Mr. Small provides helpful insight into how to properly handle this particular situation in the courtroom.

In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel clearances in mergers and acquisitions (M&A) transactions. Drawing from her extensive experience, Ms. Tzinova guides listeners through the complexities of the National Industrial...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC's Proposed Rule Banning Deceptive Reviews and Testimonials," consumer protection attorney Anthony DiResta examines a proposed rule from the Federal Trade Commission (FTC) aimed at banning fake reviews, suppressing of negative reviews and buying positive reviews. The proposed rule seeks to prevent marketers from engaging in decep...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small covers typical areas of expert cross-examination and rules to follow when examining an expert witness. Mr. Small focuses on why your cross should always be well thought out and prepared.

En este episodio del podcast "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Gustavo Cuberos, abogado de insolvencia, sobre los orígenes históricos de la frase "No basta que la mujer del César sea pura, sino que también debe parecerlo". El Sr. Cuberos explica que la frase tiene sus raíces en el segundo matrimonio de Julio César. Durante un proceso de divorcio, César invocó la fra...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights strategies including maintaining a poker face and waiting patiently for cross-examination to present a compelling argument. Mr. Small also emphasizes the importance of committ...

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Halley Townsend explore the topic of the non-delegation doctrine, specifically in the context of the Federal Trade Commission's (FTC) non-compete rule, which is currently being challenged in a Texas district court. In addition to providing top-level takeaw...

The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew McAllister dive into the agency’s history, structure and functions, providing insights into the main stages of the DCSA clearance process life cycle and discussing recent devel...

In this episode of his "Clearly Conspicuous" podcast series, "The CFPB and State AGs Act Jointly Against Online Educational Company," consumer protection attorney Anthony DiResta discusses a joint enforcement action taken by the Consumer Financial Protection Bureau (CFPB) and 11 state attorneys general against Prehired. Prehired was an online training programs for software sales positions. The CFP...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully selecting which inconsistencies to address, preparing thoroughly and executing the impeachment effectively. Mr. Small provides seven key points for lawyers to consider when atte...

En este episodio del podcast "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Camila López, abogada de propiedad intelectual, sobre los influenciadores y la publicidad en redes sociales. La abogada detalla la responsabilidad que tienen los influenciadores al realizar promociones para empresas, subrayando la necesidad de cumplir con la regulación que exige la transparencia en publi...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear questions and avoiding arguments with an uncooperative witness. Mr. Small also outlines the potential benefits and drawbacks of two common approaches for managing explanatory...

In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the selection process and key considerations for maintaining a secure environment. International Trade attorneys Antonia Tzinova and Libby Bloxom join Ms. O'Casey for an episode that'...

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against Old Southern Brass for False 'Made in the USA' Claims," consumer protection attorney Anthony DiResta examines Federal Trade Commission (FTC) enforcement efforts regarding "Made in the USA" claims. The FTC recently took action against Old Southern Brass for falsely claiming its products were made in the Unite...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises against provoking arguments and instead advocates for asking clear, concise questions that aim to extract factual information. Mr. Small also emphasizes the importance of mai...

In the latest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the art of cross-examination, focusing on the strategic use of leading questions. Through practical insights and examples, Mr. Small emphasizes the importance of brevity and clarity in cross-examination tactics, providing valuable guidance for legal professionals.

In this episode of his "Clearly Conspicuous" podcast series, "Part 2: An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta continues his discussion on the Federal Trade Commission's (FTC) approach to regulating artificial intelligence (AI). The Biden Administration's executive order on AI directs the FTC to use its authority to protect consume...

In this episode of "The Eyes on Washington Podcast," Public Policy & Regulation attorneys Michael Werner, Sara Klock, Joshua Odintz and Ed Perlmutter discuss the proposed rule by the U.S. Drug Enforcement Administration (DEA) to movie marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act. They explore how the reclassification could impact federal and state reg...

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of preparation and organization when engaging in cross-examination. Mr. Small addresses the various stages of cross and explains how to approach it to effectively engage the judge and jury. Additionally, he illustrates these points with examples of the do's and don'ts that a...

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Alex Holtan and Andy Kriha shine a light on all things carbon markets, both voluntary and compliance. The speakers refer to this episode as a "state and federal carbon markets lightning round," giving listeners a high-level overview of the latest updates involving regula...

In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and submission of a CCP, covering essential documents and information cleared companies must submit to the Defense Counterintelligence and Security Agency (DCSA) or any other Cogniz...

En este episodio de "A Lo Legal en Par Minutos", nuestra asociada Ana Sofía Cabrales se une al socio Edwin Cortés para explorar el intrigante tema de "Taylor's Version." La Sra. Cabrales, abogada de propiedad intelectual y derecho de mercados, desentraña la fascinante historia detrás de la capacidad de Taylor Swift para regrabar sus propias canciones. Conozca cómo la artista recuperó el control so...

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the importance of understanding when to cross-examine. Mr. Small highlights the challenges that come with cross-examination and seven thoughts to consider before taking action.