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Publications

Cross-Examining The Mistaken Witness

Posted December 15, 2014 in
New York Law Journal December 15, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 252 No. 114LENGTH: 2184 words HEADLINE: Cross-Examining The Mistaken Witness; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:When a witness testifies falsely at trial there are generally only two reasons for such testimony: Either the witness is mistaken or a liar....
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Trying a Wrongful Death Case: Voir Dire as a Bridge to Summation

Posted October 27, 2014 in
New York Law Journal October 27, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 252 No. 81LENGTH: 2276 wordsHEADLINE: Trying a Wrongful Death Case: Voir Dire as a Bridge to Summation; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:Damages in a wrongful death case are fraught with complex issues and legal challenges. While it is...
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Videotaping IMEs: a Corollary To Defense Surveillance of Plaintiffs

Posted August 26, 2014 in
New York Law Journal August 26, 2014 TuesdaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 252 No. 39 LENGTH: 2510 wordsHEADLINE: Videotaping IMEs: a Corollary To Defense Surveillance of Plaintiffs; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:In personal injury cases, the defense bar has long employed the use of covert video surveillance of plaintiffs engaged...
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Making the Most of Omissions: When Critical Facts Are Left Unsaid

Posted June 23, 2014 in
New York Law Journal June 23, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 251 No. 119 LENGTH: 2296 words HEADLINE: Making the Most of Omissions: When Critical Facts Are Left Unsaid; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:The lynchpin of effective advocacy is persuasion, which can come in many forms. Capitalizing on the...
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Direct Examination Of the Economist

Posted May 19, 2014 in
New York Law Journal May 19, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 251 No. 95 LENGTH: 2778 wordsHEADLINE: Direct Examination Of the Economist; TRIAL ADVOCACYBYLINE: Ben Rubinowitz And Evan TorganBODY:While an award of damages for pain and suffering is often subject to the whims of jurors and strict oversight by courts, an award...
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