Litigation Management

Brendan Gaughan Quoted in Mass. Lawyers Weekly

Brendan Gaughan Quoted in Mass. Lawyers Weekly

Brendan Gaughan was interviewed for an article published in the Massachusetts Lawyers Weekly entitled "Surveillance video takes center stage in premises liability." The article examines the proliferation of video surveillance in commercial settings, the impact of this...

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Trial Strategies To Combat The Reptile Theory

Trial Strategies To Combat The Reptile Theory

In 2009, jury consultant David Ball and plaintiff’s attorney Don C. Keenan published a book, Reptile: The 2009 Manual of the Plaintiff’s Revolution (“Reptile Manual”). The concept of the “Reptile Theory” is based upon the reptilian or primal portion of the human...

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A $30 Million Mistake

A $30 Million Mistake

Last month, I wrote about a Massachusetts personal injury case in which the Supreme Judicial Court heard oral arguments that addressed an issue concerning improper “reptile based” comments made by plaintiff’s counsel during closing argument. Before jury deliberations...

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Objecting During Closing Arguments

Objecting During Closing Arguments

We’ve all been there. Opening statements are over, the evidence is closed and you just killed it with your closing argument. Nothing left to do but relax, let your guard down a bit and listen to your opponent’s closing argument.  Right?  Wrong!!! While you may be...

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