In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the unique and challenging relationship between trial lawyers and juries, illustrated through his experience prosecuting the complex and emotionally charged Racketeering Influenced and Corrupt Organization Act (RICO) case against the Cammarata Organization. He highlights how, despite the inability to converse directly, subtle interactions, gestures and small moments — such as a mishap with a wrapped finger or a cheeky message to opposing counsel — helped build a connection with the jury during the grueling month-long trial. The episode emphasizes the importance of consistently striving to respect, engage and communicate effectively with jurors, reminding trial lawyers that every action, no matter how trivial it may seem, can influence how the jury understands and responds to a case.

Connecting with the Jury

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on the unpredictable and often mysterious nature of jury selection and engagement, sharing the story of Juror No. 6 from the challenging Cammarata Racketeering Influenced and Corrupt Organizations Act (RICO) trial. Despite appearing disengaged and distant throughout the trial, Juror No. 6 proved a key contributor in deliberations, demonstrating the importance of patience and understanding in the courtroom. Mr. Small emphasizes that trial lawyers must craft their narratives with Juror No. 6 in mind: assuming that jurors are listening and striving to make complex stories accessible and meaningful to every member of the jury, even those who may seem withdrawn. This episode offers a powerful reminder of the human element in trials and the responsibility lawyers have to connect with juries to achieve justice.

Juror No. 6 and the Unexpected Misunderstanding

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta covers the emerging issues driving federal and state enforcement and private litigation. He highlights six themes shaping priorities: artificial intelligence (AI) and automation, advertising and marketing practices, privacy and data security, unfair and abusive practices, sector-specific scrutiny of financial services, health and environmental claims, and escalating coordination among enforcers. Mr. DiResta explains how agencies are intensifying oversight of AI transparency and bias, influencer and native advertising disclosures, data collection and breach response, "dark patterns," hidden fees and products targeting vulnerable consumers. He then describes practical steps to help mitigate unwanted attention from the government, from AI audits and human oversight to substantiation, social media policies, incident response plans and consumer-centric design. He concludes by highlighting how important it is to build trust through first instance compliance to reduce risk and position your business to thrive in a dynamic enforcement landscape.

A Roadmap for Emerging Consumer Protection Issues

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata drugs-and-murder Racketeering Influenced and Corrupt Organizations Act (RICO) case, a voluntary eight-page confession was initially suppressed under the exclusionary rule because the Texas Rangers did not include the arrested individual's last name on the warrant. Mr. Small appealed the decision, and the U.S. Court of Appeals for the Fifth Circuit ruled in his favor, making the confession admissible at trial. The ruling helped establish the "good-faith exception" to the exclusionary rule, which was soon officially adopted by the U.S. Supreme Court.

Bad Facts Make Bad Law

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Mariángela Cáceres, abogada de asuntos laborales, analizan la Ley María y la iniciativa en Colombia de ofrecer a los padres la oportunidad de participar más en la crianza de sus hijos. Como explican los abogados, en 2002 la Ley María estableció una licencia de paternidad de solo ocho días. En 2021 llegó la Ley 2141, que aumentó la licencia a dos semanas. Ese mismo año se crearon las licencias parentales, mediante las cuales los tiempos de las licencias de maternidad o paternidad pueden distribuirse de común acuerdo entre los padres, con el fin de fomentar una crianza más presente por parte de ambos. Este episodio también aborda cómo se compara este sistema con otros países en Latinoamérica y Europa.

Ley María y otras formas de incentivo legal a la paternidad responsable

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Juan Pablo Colom, abogado del área laboral, analizan el acoso laboral utilizando de ejemplo la icónica novela "Betty la Fea". Se examinan conductas que hoy podrían constituir acoso laboral, como la constante referencia al "cartel de las feas", integrado por las amigas de Betty y se contextualiza en el marco legal colombiano vigente. El episodio también destaca la evolución normativa en Colombia: desde la Ley 1010 de 2006, que introdujo por primera vez una definición legal del acoso laboral, hasta la Ley 2365 de 2024 sobre acoso sexual laboral.

Betty la Fea, cuando la moda… incomoda

In this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks with Miami litigation attorney Jose Casal about his recent experience serving as a juror in the Miami-Dade courthouse. Mr. Casal states he wished he had the opportunity to serve on a jury at the beginning of his career because of the perspectives it gave him on how the jury thinks and operates. Sitting on the other side of the bench made him realize that tactics such as objections and impeachments were often seen by jurors as annoying and ineffective, merely slowing down the trial and distracting from its main points. Similarly, the case featured numerous claims and objections, resulting in a 22-page verdict that Mr. Casal found confusing even as a trained lawyer. Based on this experience, Mr. Small and Mr. Casal agree that presenting your case simply and clearly is far more beneficial and convincing for Juror No. 6 than legal technicalities they do not understand. 

The View from the Jury Box

In this episode of our "Florida Capital Conversations" podcast series, Tallahassee transportation and regulatory compliance attorney Katie Inman discusses the rapid growth of Florida's commercial space industry and what it means for stakeholders. Drawing on her senior experience at the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) and as former general counsel to Florida's Attorney General, Ms. Inman talks about the surge in FAA-licensed launches and breaks down how private investment and new laws are accelerating the sector. She highlights major federal developments – including the executive order to streamline launch licensing and National Environmental Policy Act (NEPA) reviews, bond financing incentives for spaceport infrastructure and Space Command/Space Force initiatives – as well as Florida's 2025 legislation establishing the International Aerospace Innovation Fund and expanding seaport-spaceport infrastructure support. She additionally explains Space Florida's unique role as an economic development entity, reviews anticipated timelines for infrastructure versus research funding and shares practical steps for companies to engage in this rapidly growing field.

This Tallahassee-based podcast series takes a look at the many different aspects of state and local government through the lens of experienced legal professionals. Hosted by attorneys Nathan Adams and Mia McKown, these candid conversations offer a seat at the table to everyone who listens.

Lift Off! Navigating the Growth of the Commercial Space Industry

In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. Mr. Small talks with Mr. Alexander about the transition from being in the back row of a trial team to having a stand-up role. After reflecting on the beginning of his legal career, Mr. Alexander offers advice for young litigators on how to prepare for a trial and how to best support the attorneys on your team, plus some important don'ts to avoid in the courtroom. Mr. Alexander also emphasizes that there is no one way to approach a trial. Taking an approach that fits your case and fits who you are is important and will help you to come across as genuine.

Juror No. 6 and the Unexpected Misunderstanding

Holland & Knight Legal Podcast

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