July 31, 2015
Partner Kathleen W. Cannon was quoted in the Law360 article “5 Dos And Don'ts For Litigating At The CIT.” The article discusses how the U.S. Court of International Trade can be a daunting forum for unfamiliar litigants and shares tips on what to do when litigating at the CIT. Ms. Cannon commented that given the extensive research and rigorous preparation needed for a CIT trial, lawyers may tend to hone in on a single narrative arc in their oral arguments, which can often lead to trouble, according to Kathleen W. Cannon, managing partner of Kelley Drye & Warren LLP's Washington office “The judge is trying to ask questions, the judge is trying to have a dialogue with you, and when you have that opportunity, you as a lawyer want to answer the judge’s questions; that is the most important thing.” She added that many of the judges have been going out of their way to hammer this point home by sending attorneys a list of topics and questions that are of particular interest to the bench in that case. “You have an argument to present, but if you are not listening to where they are coming from I'm not sure you're going to be very effective. Some people regard oral argument as a speech; I regard oral argument as a dialogue.”
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