Texas Lawyer Podcasts and Video Blog

Podcast: Objecting to the Admission of Harmful Evidence

Mon, 13 Dec 2010 22:19:36 GMT

A trial lawyer objecting to the admission of harmful evidence must have a thorough understanding of motions in limine, objections and limiting instructions to avoid a waiver of the right to complain about the admission on appeal, says Quenting Brogdon.

Podcast: Citizens United, Texas Bingo and the First Amendment

Wed, 17 Nov 2010 19:02:40 GMT

Paul C. Watler says a ruling by a federal judge in Austin extends the controversial 5-4 decision by the U.S. Supreme Court in Citizens United v. Federal Election Commission that corporations have a First Amendment right to engage in free speech in support of political candidates and causes.

Podcast: Deportation and Criminal Convictions

Fri, 29 Oct 2010 21:05:14 GMT

Gary A. Udashen outlines the five categories of crimes that can render a noncitizen deportable.

Podcast: Proving Personal-Injury Damages to a Jury

Wed, 20 Oct 2010 18:35:09 GMT

Maximizing damages is perhaps the most difficult task for trial lawyers who represent victims of wrongdoing, says Quentin Brogdon. The lawyer must make the jury feel the victim's injuries, pain and suffering without causing jurors to believe they are being manipulated.

Podcast: A Criminal-Defense Lawyer's Duties Regarding the Immigration Consequences of a Criminal Conviction

Thu, 07 Oct 2010 21:18:16 GMT

Gary A. Udashen says that a recent U.S. Supreme Court ruling means that defense attorneys have a new duty to provide competent advice regarding any possible immigratioin penalties that follow from a criminal convinction. Failure to do so, he says, can be the basis for a claim of ineffective assistance of counsel.

Podcast: Defensive Attribution in the Jury Room

Wed, 08 Sep 2010 21:06:54 GMT

When jurors are confronted with evidence of suffering, there may be a clash between the jurors' belief in a just world and the idea of an innocent, blameless victim suffering harm, observes Quentin Brogdon. To remedy that clash, jurors may engage in "defensive attribution."

Podcast: Milo v. Martin: Case Applies 'Net Free-Speech Provision

Tue, 31 Aug 2010 15:59:14 GMT

Paul C. Watler tells about a ruling in the first Texas appellate court application of a federal Internet free-speech statutory provision.

Podcast: Divorced With Children: 10 Tips for Tiger and Elin

Thu, 26 Aug 2010 21:03:23 GMT

Brad LaMorgese has some advice for Tiger Woods and Elin Nordegren on how to maintain an amicable post-divorce ralationship, particularly as it concerns their children. His advice can apply to any spouses who are divorced but remain linked through their children, he says.

Podcast: Why Lawyers Should Be Candid With the Court

Thu, 05 Aug 2010 21:12:46 GMT

Quentin Brogdon says the two most persuasive reasons to be candid with the court are that it's the right thing to do, and it's the smart thing to do. But litigators should keep in mind, he adds, that being candid also is the required thing to do.

Podcast: 20 Years With the Americans With Disabilities Act

mmaslanka@fordharrison.com — Fri, 30 Jul 2010 21:02:02 GMT

Michael P. Maslanka, managing partner of Ford & Harrison in Dallas, looks back at the impact of the landmark legislation.

Podcast: Cross-Examining the Sophisticated Adverse Expert

Mon, 26 Jul 2010 18:40:50 GMT

Contrary to popular belief, lawyers should not use the deposition of an expert to attempt to argue the expert out of his or her opinions or to prove the expert wrong in those opinions, says Quentin Brogdon. He lists some specific goals that the lawyer should use when examining the expert.

Podcast: Insurance Contractual Liability Exclusion

Mon, 21 Jun 2010 16:29:44 GMT

Ernest Martin says that — in light of a recent Texas Supreme Court ruling — insurance policyholders should prepare to defend against insurance companies' anticipated denials of coverage for claims arising our of contracts, even those contract-based claims that insurance companies have traditionally covered.

Podcast: Cross Examination: A Difficult Skill to Master

Fri, 11 Jun 2010 20:51:01 GMT

Quentin Brogdon says cross examination requires a wide variety of innate talent. But with careful study and repeated practice, any trial lawyer can learn the necessary skills.

Podcast: Five Key Employment Issues at the USSC

mmaslanka@fordharrison.com — Tue, 25 May 2010 21:37:45 GMT

The day after the U.S. Supreme Court handed down a unanimous pro-employee decision in Lewis, et al. v. City of Chicago, Illinois, Michael P. Maslanka looks at five key employment law issues at the high court.

Podcast: Can a Noncompete Be Bought for Cash?

mmaslanka@fordharrison.com — Fri, 07 May 2010 21:16:58 GMT

Michael P. Maslanka considers the question: Can money paid to an employee be consideration for an employee agreeing to a noncompete? The Dallas Court of Appeals has ruled on the matter, but now the Texas Supreme Court will take up the case.

Podcast: The "Pole Tax" and the First Amendment

Fri, 30 Apr 2010 20:04:38 GMT

The Texas Supreme Court recently waded into a constitutional thicket when it took up a case on the issue of whether the state may levy a tax on nude dancing clubs, says Paul Watler.

Podcast: The Cat's Paw Theory and Discriminatory Animus

mmaslanka@fordharrison.com — Mon, 26 Apr 2010 16:44:51 GMT

The United States Supreme Court recently granted cert on an issue that is bedeviling employment law: How should courts treat cases in which the cat's paw theory comes into play? Michael P. Maslanka explains the theory and tells why the Supreme Court needs to bring some certainty to a knotty issue.

Podcast: 3rd Court Weighs in on Hostile Work Environment

Thu, 08 Apr 2010 16:01:27 GMT

The Austin Court of Appeals recently established a very pro-employer standard for looking at cases involving allegations of sexually hostile work environments, says Michael P. Maslanka.

The Duty to Defend v. The Duty to Indemnify

Mon, 05 Apr 2010 19:03:24 GMT

Ernest Martin poses the question: Must insurance companies pay settlements or judgments on behalf of their insureds when there is no duty to defend? The Texas Supreme Court has the answer to that question, he says.

Cert Granted in FLSA Retaliation Case

Tue, 23 Mar 2010 20:45:08 GMT

Michael P. Maslanka discusses a court ruling that limits anti-retaliation protection in an employment case to written complaints.