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 how building genuine trust with a witness can make or break a case, recounting his extraordinary trip to Italy to meet Domenic D'Alessandro in the Frank Wallen corruption investigation. What began as a long-shot effort — navigating approvals from U.S. Department of Justice (DOJ) and and U.S. Department of State, coordinating with the IRS and overcoming internal skepticism — turned into a lesson in human connection. Over a shared meal and conversation, plus more than a few glasses of wine, Mr. Small and Mr. D'Alessandro developed mutual respect and forged a bond that led to Mr. D'Alessandro's voluntary return to the U.S., guilty plea and critical testimony. The story underscores a central tenet in trial preparation: You cannot extract the truth from strangers on a park bench; you must invest the time to create rapport and reliability with witnesses, because trust, not pressure, opens the door to honest testimony.

Trust Is Key

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the debate on using interpreters for witnesses in the courtroom. In some instances there is no choice: A witness who cannot understand English requires an interpreter. But when it's a gray area, some lawyers argue that an interpreter diminishes the connection between the witness and the jury. Mr. Small disagrees and offers a humorous anecdote from the corruption case United States v. Wallen, which he prosecuted, to support his pro-interpreter stance. He closes by reminding the listeners that misunderstandings often hurt your case and that interpreters help minimize them for both sides.

The Benefits of Using an Interpreter

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Tatiana Pérez, abogada de derecho penal, analizan si las conductas de Armando en "Betty la Fea" encajarían hoy en el delito de administración desleal. Tatiana explica que este tipo penal fue introducido por la Ley 1474 de 2011 (Estatuto Anticorrupción) y se configura cuando un administrador, socio, directivo, empleado o asesor, en beneficio propio o de un tercero, abusa de sus funciones y dispone fraudulentamente de los bienes sociales o contrae obligaciones en nombre de la compañía, causando perjuicio económico a los socios. Aunque en la época de la novela el delito no existía, hoy aplicaría a acciones como la manipulación de estados financieros y la creación de "Terra Moda" para mantener el control de Ecomoda. El episodio también detalla las sanciones para este conducto: prisión de cuatro a ocho años y multas de 10 hasta 1.000 salarios mínimos legales mensuales vigentes.

Betty: Armando, ¿un administrador desleal?

In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is once again joined by Partner Eric Alexander, who leads the firm's Product Liability – Life Sciences Team. This episode's conversation focuses on product liability trials and how they differ from other types of litigation, as well as recent shifts in juror attitudes and the effects on expert witness selection and preparation.  Mr. Small shares an anecdote to emphasize that getting the jury to like you isn't just a part of trial, it's the only part of trial. For his part, Mr. Alexander suggests that changes in juror dynamics were likely accelerated by COVID-19 and the associated shutdowns. The attorneys agree that a strong expert nowadays is defined more by the ability to speak "juror's English" than by degrees or professional experience. The dialogue offers a behind-the-scenes look into the world of product liability litigation and the factors that can determine success in the courtroom.

Part II - Recent Changes in Jury Dynamics and How to Prepare Your Expert Accordingly

In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explains why simplifying a complex case is essential to persuading a jury. Recalling the federal prosecution of U.S. budget director Bert Lance, Mr. Small describes how large investigations can produce lengthy indictments that confuse rather than convince, and emphasizes that focusing on clear, provable charges can strengthen a case. He outlines the risks of overcomplication and the importance of telling a straightforward story that a juror can follow.

Clarity Over Complexity at Trial

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small explores the complexity of federal corruption cases. He highlights a matter he handled as an assistant U.S. attorney in the Boston U.S. Attorney's Office Public Corruption Unit: a case in Brockton, Massachusetts, in which the IRS uncovered corrupt relationships between contractors and Frank Wallen, the city's superintendent of sewers and then-commissioner of public works. Mr. Small shares insights into how the case arose, what work his team focused on and why it was so difficult to prosecute.

The Challenge of Corruption

En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y Jonathan Sánchez, abogado del área de litigios, analizan el Decreto 768 de 2025, por el cual se reglamenta parcialmente el Código Nacional de Seguridad y Convivencia Ciudadana. Éste busca mejorar el sistema y la forma en que se adelantan los procesos policiales, ya sea a partir de querellas interpuestas por particulares o iniciados por entidades públicas. Los abogados explican en qué consiste la mejora del procedimiento, qué es una queja o una querella, y qué es el Registro Nacional de Medidas Correctivas.

Orden en el procedimiento de querellas: El giro del Decreto 768 de 2025

On the first episode of "The Tack Room," Partner Kayla Pragid, founder and chair of Holland & Knight's Equine Industry Team, joins Public Affairs Advisor Tori Deal for a conversation with Holland & Knight-sponsored rider Kara Lindenberger and Lindsay Barrack, who owns and works as a trainer at Mahan Farm. Along with covering the path to an equine career, the hosts trace Ms. Lindenberger's journey from 4-H and "backyard" riding to eventing, including transforming a difficult mustang into a pony safe for children and setting sights on the American Eventing Championships with her young mare, Stella.​ Ms. Barrack discusses building a barn business from the ground up, mentorship and the power of asking questions. Together, they unpack training philosophies, day-to-day routines and confidence-building strategies that help riders progress thoughtfully, providing a way to turn passion, persistence and smart planning into real results.

Tips for Building Your Equine Career

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an update on Federal Trade Commission (FTC) actions in the digital commerce space. Mr. DiResta discusses the FTC's core concerns with online transactions, including unclear or deceptive terms and conditions, insufficient privacy protections and failure to comply with the "Click to Cancel" rule. He then outlines a best practices framework for companies seeking to ensure compliance and build consumer trust. His final takeaway: Online commerce must be transparent, be fair and be consumer-centric.

The Digital Marketplace: The FTC's Focus on Fair Online Transactions

In the newest episode of his "Two Byte Conversations" podcast, Data Strategy, Security & Privacy attorney Kevin Angle is joined by privacy officer Aaron Mendelsohn to discuss the ins and outs of building a privacy program and how to work with internal stakeholders and clients to build trust and respect. They also talk about Mr. Mendelsohn's new book, "Operationalizing Data Protection and Privacy," his experience teaching cybersecurity and privacy law at Cleveland State University and their views on being an effective legal counselor and privacy officer.

The Three C’s for Addressing Prior Inconsistent Statements

Holland & Knight Legal Podcast

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