“Look at your jury instructions. What do you have for your elements? . . . You don’t need to get into somebody’s background for an hour about where they went to high school or when they had their first ice cream shop job. That probably isn’t important. Get into the important things. Have a plan.”

-Nicole Westbrook

Episode Outline

00:18 – Introduction

01:18 – About Nicole Westbrook

02:19 – Legal challenges for multi-level marketing (MLM) companies

08:45 – Nicole’s federal clerkship

12:12 – Retaining women in the legal practice

14:10 – Nicole’s work with the National Institute for Trial Advocacy

15:47 – Preparing for depositions

18:11 – A recent case involving an MLM business

22:25 – Nicole’s critique of the arbitration system

26:10 – The challenges of remote depositions

35:11 – Nicole’s advice on conducting an effective deposition

37:47 – Where to find Nicole Westbrook online


About Nicole Westbrook

A former federal law clerk in the busiest trial court in the United States, Nicole is a trial lawyer whose practice focuses on significant, high-stakes business disputes that others won’t try. Past successes in underdog cases of IP theft and trade secret litigation have restored claimant property to the rightful owners and defended against millions of dollars in claimed damages. Nicole is also an MLM trial attorney with experience defending network marketing companies and distributors in private litigation against multi-level marketers.

Nicole is an instructor for the National Institute for Trial Advocacy (NITA), where she builds up skills of fellow litigators. She’s been named a Martindale Hubble AV-Preeminent Attorney and to Super Lawyers as well as designated a Super Lawyers “Rising Stars”, recognized as an “Up and Coming Lawyer” and a “Compleat Lawyer” by Law Week Colorado. Nicole was also nominated “Forty Under Forty” by The Denver Business Journal.

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About The Litigation War Room

The Litigation War Room presents great stories and great insights from some of the nation’s most accomplished courtroom lawyers.
The Litigation War Room is hosted by Maxwell Goss, a litigation attorney with the intellectual property boutique firm Fishman Stewart PLLC. Max represents clients in intellectual property and business cases in Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.
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