Publications

New York Law Journal February 24, 2014 MondaySECTION: EXPERT ANALYSIS; p.3, col.1 Vol. 251 No. 35 LENGTH: 2611 wordsHEADLINE: Case for the Rhetorical Question As a Summation Technique; TRIAL ADVOCACYBYLINE: Ben Rubinowitz And Evan TorganBODY:The art of persuasion comes in many forms. It is the manner in which the trial lawyer chooses to present certain...

New York Law Journal December 23, 2013 MondaySECTION: EXPERT ANALYSIS; p.3, col.1 Vol. 250 No. 121 LENGTH: 2218 wordsHEADLINE: Exposing Expert Witness' Bias During Cross: Collateral Attack; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:When preparing for a cross-examination, the skilled litigator must always first determine his "theory" of the cross: Specifically, it must determine...

New York Law Journal October 28, 2013 MondaySECTION: EXPERT ANALYSIS; p.3, col.1 Vol. 250 No. 83 LENGTH: 2142 words HEADLINE: Turning the Table: Cross-Examining IME Doctor Using Video of Exam; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:In all personal injury actions, the plaintiff bears the burden of proof regarding the nature and extent of...

New York Law Journal August 26, 2013 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 250 No. 40 LENGTH: 1935 wordsHEADLINE: Summation: More Than a Final Argument; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:Summation should be a carefully planned, well organized argument that, if delivered properly, leaves the jury no alternative but to vote in...

New York Law Journal July 15, 2013 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 250 No. 10LENGTH: 2143 wordsHEADLINE: The Use of Video Depositions at Trial; TRIAL ADVOCACYBYLINE: Ben Rubinowitz And Evan TorganBODY:The astute trial lawyer must always be aware of the jurors' ability to process information and effectively learn from that information. Perhaps this...