In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers to enhance the power and persuasiveness of their words since the ancient Greeks. Mr. Small discusses why key devices such as lists, anaphora and rhetorical questions remain vital methods for trial lawyers to effectively present evidence clearly and persuasively.

Connecting Separate Pieces of Evidence Clearly, Persuasively

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down a powerful cross-examination technique for challenging a witness' credibility that he calls "The Three C's": Commit, Credit and Confront. Using a real example from the Farmers Export grain elevator explosion trial, the episode illustrates how to skillfully expose a witness' prior inconsistent statements to undermine their testimony. By first having the witness commit to their current testimony, then credit their previous statement and finally confront them with the contradiction, Mr. Small was able to successfully dismantle a key defense witness' credibility. This episode offers valuable insights for trial lawyers aiming to master effective witness impeachment strategies.

The Three C’s for Addressing Prior Inconsistent Statements

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares personal stories from early in his legal career that illustrate the invaluable role of experienced trial observers and honest feedback. Recalling his time at the U.S. Attorney's Office in Boston, he explains how casual gatherings of retired gentlemen helped them become expert critics who offered constructive advice that dramatically improved his trial skills. He also narrates a moment during a trial in Galveston, Texas, where he had the opportunity to sit down with court staff and listen to their feedback on this performance. These encounters taught him more about courtroom strategy and advocacy than formal education alone. The episode emphasizes the importance of seeking and valuing feedback in the challenging work of trial law and conveys a message of paying forward the lessons learned to help nurture the next generation of trial lawyers.

Seek Out Feedback

En este episodio de "A Lo Legal En Par Minutos", el socio Edwin Cortés conversa con Mariangela Cáceres, abogada de derecho laboral, sobre la reciente ampliación del fuero de paternidad en Colombia, derivada de la Sentencia C-517 de 2024 de la Corte Constitucional. Explican qué es el fuero, cómo protege a los padres durante la gestación y las 18 semanas siguientes al parto y los requisitos para activar esta protección. Además, discuten la importancia de esta figura para garantizar la estabilidad laboral frente a despidos injustificados relacionados con la paternidad, aportando información valiosa tanto para empleados como empleadores.

Podcast - Ampliación del fuero de paternidad

Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion case. He recalls how the defense's grain dust expert struck him as "too brief" and "too smooth." Trusting his instincts rather than simply following standard procedure, he began to rigorously question the witness during cross-examination, asking both open-ended and leading questions to test his expertise. After more than an hour of persistent inquiry, Mr. Small was able to reveal that the expert was not as knowledgeable as he initially seemed, resulting in the breakdown of a key part of the opposing side's case.

Follow the Rules … Most of the Time

In this episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien talks with Robert A. Friedman, co-head of Holland & Knight's International Trade practice and a leader of the firm's National Security & Defense Industry Group, about intelligence community (IC) security clearances. They discuss how IC clearances differ from the processes used by the U.S. Department of Defense (DOD) and Defense Counterintelligence and Security Agency (DCSA), highlighting that IC clearances are contract-specific, often less prescriptive and can vary depending on the assigned contracting officer. In addition, both use similar documentation and focus heavily on foreign ownership, control or influence (FOCI) analysis, but IC tends to be more cautious with foreign investors outside U.S. allies. Mr. Friedman recommends companies be as transparent as possible and seek legal counsel when filling out clearance applications and also reminds the listeners that there is a newly updated SF-328 form that requires more detailed information and diligence in the clearance process.

A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve into the critical topic of expert witness preparation, emphasizing the importance of thorough preparation and knowing the boundaries of the expert's role. Mr. Ratner shares his extensive experience and stresses that even seasoned experts benefit from diligent preparation that helps them understand the case inside out. Mr. Small highlights three pillars of expert testimony — expertise, passion and clarity — and stresses that it's critical to translate technical jargon into "plain old English" that juries can understand. Mr. Ratner also offers insights into common mistakes lawyers make when preparing experts, the trend of overly aggressive depositions and the often lonely nature of the expert witness role.

Part II: Being an Expert Is a Lonely Business

In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export grain elevator explosion case. After two explosions claimed the lives of 54 workers, the Occupational Safety and Health Administration (OSHA) and U.S. Department of Justice (DOJ) sought to hold two managers accountable in a month-long, emotionally charged trial. With compelling evidence and moving testimony from grieving workers and investigators, the case became more than just a fight for justice — it became a turning point. Mr. Small reveals how the trial itself sent a resounding message that sparked meaningful, industry-wide change, leading to a decade without similar deadly explosions. His reflections highlight how success in the legal world can be measured not only by the outcome in court, but also by driving progress and inspiring reform, transforming what may seem like "losses" into some of a lawyer's proudest victories.

How Do You Define Success?

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an early analysis of the Federal Trade Commission's (FTC) direction under Chair Andrew Ferguson, emphasizing that the agency is intensifying, not scaling back, its enforcement efforts despite broader deregulatory trends. Mr. DiResta examines recent FTC actions that span multiple sectors, including holding a workshop on the tech industry's impact on families, issuing new rules against deceptive pricing, targeting business scams and increasing scrutiny on artificial intelligence (AI) product claims. This episode highlights the FTC's multi-agency collaboration and suggests that, although enforcement may become more selective, the focus will be on precedent-setting cases. Mr. DiResta cautions companies to not interpret deregulatory rhetoric as a relaxation of compliance expectations and instead understand that the need for robust, well-documented and proactive compliance measures has never been greater.

For more, visit: https://www.hklaw.com/en/insights/media-entities/2025/06/podcast-compliance-needs-are-alive-and-well-ftcs-recent

Podcast - Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines the FTC's focus on exaggerated performance claims, misleading product labeling, opaque data practices and bias in AI-powered systems, highlighting recent enforcement actions for false or misleading representations. Mr. DiResta emphasizes that businesses must ensure their AI-related claims are accurate, transparent and comply with existing consumer protection regulations.

For more, visit: https://www.hklaw.com/en/insights/media-entities/2025/06/podcast-ftc-to-focus-on-deceptive-ai-claims

Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, conversa con Juana Cajiao Reina, abogada del área de propiedad intelectual, sobre la importancia del derecho marcario y el derecho de autor para proteger a los creadores y sus innovaciones. Como ella explica, el derecho de autor protege las creaciones del intelecto humano, mientras que el derecho de marca protege los activos marcarios. Los abogados hacen referencia al ejemplo de Disney, que se asegura de tener protección bajo ambas figuras — el derecho marcario y el derecho de autor — ya que existen diferencias tanto en lo que protegen como en el tiempo durante el cual cada uno ofrece protección.

Connecting Separate Pieces of Evidence Clearly, Persuasively

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