Litigation CLE

This course provides an advanced overview of criminal mitigation as a key strategic tool for criminal defense lawyers, and reviews various humanizing processes that a criminal law attorney can utilize to better advocate for his or her client. Mr. Silver discusses how the use of psycho-social analysis, which can also impact the factual analysis of the case, can provide a more positive and informed narrative of a client and increase their chances of success in the courtroom. Both experienced and novice lawyers will gain important insight into various criteria to consider and deploy at the pre-sentence or pre-plea stage of representation.

In this seminar, forensic expert Mark Silver provides the immigration lawyer with a detailed analysis of criteria considered by clinical experts when undertaking a psychosocial evaluation in extreme hardship cases for waivers and cancellation of removal cases. Here, Mr. Silver integrates important legal considerations with the psychosocial criteria offering new and different insights to better advocate for the clients and their family members. He also reviews the different challenges that have an impact on extreme hardship considerations. Additionally, he addresses how to best present these issues to help your client.

The Rules of Professional Conduct contain special rules regarding the duties, obligations, and restrictions applicable to attorneys engaged in litigation, which also includes administrative proceedings. The course will provide an overview of the fundamental ethical rules, and their relationship to substantive rules and law, that litigators encounter. The course will include discussion of the rules that ever litigator needs to fully know and understand in order that they can properly represent their clients in dispute proceedings. Since a violation of the rules can result in significant harm to the client’s case, attorneys should stay fully informed about the pertinent rules. Although the course is basically an ethics course, ideas on how to better represent a client in litigation and comply with the rules will be discussed.

It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.

This CLE explores the Federal Rules of Evidence applicable to digital evidence. Attendees will learn about relevant case law and how to authenticate or challenge the admission of digital evidence at trial. We will explain how to use digital evidence effectively at trial and how to incorporate it into an overarching story or theory of a case. In Section 1, attorneys will be introduced to the topic and the types of evidence that will be covered in the presentation. Section 2 covers the applicable rules of evidence in the Federal system, particularly rules 901, 801, 803, and 703. Section 3 explores ideas in how to present digital evidence effectively to a judge or jury.

In this ethics program, we explore how to deal with biased and bad judges within the governing ethics standards. We address the fundamental ethics issues involved in challenging a judge for disqualification, as well as the ethics traps for lawyers who make the charge too easily. We use as a case example an explosive, interesting historical case from the Cold War — the serial deportation trials of Harry Bridges. We also use famous current cases to explore the bias issues, as well as improper race-based conduct by judges and lawyers. Along the way, we offer useful tips to protect and advise clients so you tread carefully and safely.

More and more homes contain smart devices: Amazon Alexa, Google Home, Nest Thermostat, Smart TVs, Roombas, and more. These devices store all kinds of activities and send that data to the cloud. This CLE explores the types of data available, looks at some cases where that data was used, and discusses the law regarding the collection of this type of data. Section 1 is an introduction to the CLE and covers some definitions relevant for the presentation. In Section 2, explore a variety of cases involving internet of things devices. In Section 3, attorneys will learn how to obtain data from various devices.

In this appellate advocacy program, we explore how to prepare and deliver the best appellate oral argument for you, how to be the best advocate you can be, and how to maintain your credibility as an advocate. We address the fundamental appellate advocacy issues involved in appeals. And we focus heavily on principles of advocacy including how to be your authentic self as an advocate and how and why you should not fake it by trying to be someone you are not. We offer useful real world experiences along the way and useful tips and practice pointers so you tread carefully and safely in your appeal.

This class will explain the evolution of computer forensics into what is now known as digital forensics. As a part of this class, attorneys will learn about the foundations of digital forensics, including how digital evidence should be collected, forensically acquired (copied), preserved, examined, and analyzed. The class then uses numerous case examples to explain different forensic artifacts and how they can be used in cases. Evidence types include metadata, internet history, communication artifacts, searches, multimedia, location evidence, and much more. Actual case examples are utilized to illustrate the usefulness of these forensic artifacts in litigation. Attorneys will also learn the difference between an information technology expert and a digital forensics expert, with case examples illustrating the problematic outcomes of having information technology experts attempting to testify about digital forensics.

Electronic evidence necessarily touches every case. Even a simple rear end car accident case is going to have potentially relevant electronic evidence on the drivers’ cell phones. Not only is a basic understanding of electronic discovery (eDiscovery) critical for effectively requesting and finding key evidence, but it is also mandated under an attorney’s duty of competence. The nuances of eDiscovery rules may very from state to state, but best practices for dealing with electronically stored information (ESI) are universal. The truth is, the key evidence in most cases is electronic. Finding that piece of evidence requires knowing what to ask for and the right tools to find the needle in the haystack. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will help answer the common questions he encounters while advising litigators who finally decide to go after electronic evidence. He will demystify the seeming incomprehensible process of requesting, compelling, receiving and searching electronic evidence. He will discuss eDiscovery techniques to increase negotiating leverage early in the discovery process, and how to spot and defeat common dilatory tactics. This session will include examples from actual cases and real experiences to illustrate real-world application and raise the level of familiarity and comfort with eDiscovery.

The Supreme Court’s October Term 2020 included important decisions in many areas of law, including free exercise of religion, freedom of speech, intellectual property, and voting rights. The lecture will describe the most important cases from October Term 2020 and explain their significance for the law and for society.

Learn what it takes to develop and litigate citizen suits to enforce our country’s landmark environmental laws! This course will cover the basic purposes of citizen suits; the remedies available to successful litigants; the key steps involved in developing and filing citizen suits; and trends that affect the value and viability of citizen suits as a tool.

Suing an insurance company involves nothing more than a contract case but, then again, is it? There is so much more to know about insurance recovery litigation. How do you understand the issues you need to spot in order to evaluate one of these cases? What do you do when a client walks in with an insurance recovery problem? What are some of the unique problems that arise when your client needs to sue an insurance company, or an insurance company sues your client? In this program, we lay all of this out for you and in a simple and understandable way.

Whether it is the Yorkshire terrier in the carrier on the airplane or the emotional support rat on the shopper’s shoulder in the grocery store, one encounters people insisting on and resisting about the use of animals to assist them with a variety of activities in the world. What are the allowable options in that regard? What does the law permit, what does the law prohibit, and what does the law simply not pay attention to at all when it comes to the service animal, the assistance animal, or the emotional support animal in a public setting. This seminar examines both the sense and the nonsense of not just the players involved but the rules that are imposed on those players – which can include not simply the animal owner but the merchant, bystander, government agent, and affected consumer as well. We do so by ferreting out the scope of regulations across jurisdictions, by specifying the questions that can and cannot be asked of certain participants, and by trying to glean what rationalizations lay behind protections and penalties in the use and abuse of dogs, cats, rabbits, horses and other animals in the service of people.

From graduation day of law school to the retirement party, no lawyer can avoid encountering the "Rambo"-type lawyer who, both in litigation and out, uses aggressive and oftentimes unethical behavior to advance their client's cause. Are these types of dirty-tactic attorneys unavoidable? Can they be sympathized with, effectively battled, or at least partially understood? In this seminar, we approach all those goals in the entertaining format of positing a look at them through A Natural History of the North American Silver-Tongued Rambo Litigator (Rambus litigatus), and we closely examine their cultural and jurisprudential origins; their "anatomy and physiology"; their development, range, and distribution; tool use; fighting behaviors; and finally ponder some proposals for their potential conservation or extinction.

Before the Internet, there was no such thing as cybersquatting. But once the Internet came into existence, domain-name disputes soon followed. Although cybersquatting does not fit into the traditional trademark paradigm, in 1999 Congress passed The Anti-Cybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and it became part of the Lanham Act, 15 U.S.C. 1051 et seq., which is the primary federal trademark statute in the United States. The ACPA established a legal recourse for entities who are the victims of others registering, trafficking in, or using a domain name that is confusingly similar to, or dilutive of, an entity's trademark or a person's name. In this "Introduction to Cybersquatting", attorneys learn the origins and history of cybersquatting, as well as the elements of the cause of action. Participants will also analyze several cases in which courts have addressed cybersquatting at various stages of litigation.

In this IP analysis for transactional lawyers in due diligence or representing small/medium businesses, we look at the major areas of IP law to understand what the IP assets are exactly, how to make sure they are valuable assets and scheduled properly, how to assess if there is potential value that is being missed, and registration regimes for different IP classes to guarantee the most protection. Along the way we offer lots of practice pointers for issue spotting so you do not make mistakes interacting with IP assets, which in many respects differ in basal assumptions about ownership compared to real property assets.

e-Discovery has exploded onto the scene of commercial litigation. From its rudimentary beginnings around the start of the 21st Century, it has now become a major component of such litigation. Some have even dubbed it “The Tail that Wags the Dog in Complex Commercial Litigation.” In this Introduction to e-Discovery, attorneys learn e-Discovery from both the vendor’s and the litigator’s perspective. Participants will analyze several cases in which courts have admonished, sanctioned, or ruled harshly against attorneys who have been nonchalant about preserving, collecting, reviewing, or producing e-Discovery.

This course is designed to review basic contract provisions uniquely encountered with construction projects, such as provisions regarding “pre-bid inspections and liabilities imposed,“ “no-damage-for-delay,” “pay-to-be-paid,” and scheduling issues. The course will also address common contract provisions, but in the context of a construction project, such as indemnification and insurance, scope of work, issues with privity of contract and pass-through provisions, issues with fixed-fee and cost-plus projects, termination and abandonment, and damage limitations. In addition to expressed provisions, the course will cover implied terms, such as workmanship and code compliance. The course is designed to alert an attendee of the various contractual issues experienced with construction projects and how to generally address the issues when reviewing or preparing a construction contract or litigating the contract. The course will be beneficial for both the attorney who only periodically works with construction projects, as well as more experienced attorneys. Case law is cited in the materials to assist in identifying issues and their resolution.

This program, taught by Russo & Gould LLP Partner Florina Altshiler, an experienced trial lawyer, will address key concepts in the psychology of jury selection. The course will review the social science behind selecting a jury in civil and criminal matters, helping attorneys learn to identify and eliminate jurors who will be problematic to their theory of the case, while also establishing the rapport necessary to engage them with their narrative of events. The program offers practical guidance on voir dire tactics, including best practices in interviewing jurors, introducing the case during jury selection, and avoiding objections during the selection process. It also addresses how to effectively use peremptory challenges. In addition to strategy, the course also covers the statutes, and procedures that govern jury selection. Finally, the presenter will discuss COVID-19 implications for jury trials, the latest updates to court procedures, and strategy.

The purpose of this course is to introduce listeners to the various kinds of litigation that arise under Title VII. We will discuss the background of Title VII and legal developments that have shaped the law into what it is today. We will also discuss the various kinds of claims and the general elements of each claim. Listeners will be left with an understanding of the general framework for Title VII Litigation.

Remote depositions are here to stay and they require planning unlike conventional depositions. Justin Blitz will discuss issues related to taking and defending virtual depositions in personal injury cases. The course will discuss what should go into the planning of remote depositions, how to ask questions effectively in a remote environment, how to strategically use exhibits remotely, when to object (or not object!) to a question your client is asked, when it makes sense to not conduct a deposition, and the advantages of video depositions. Mr. Biltz will also address how to prepare your witness and how to adapt the art of non-party depositions to a virtual setting.

Mr. Blitz will focus on civil cases brought by a plaintiff's attorney to trial. This course is intended as an introduction to trying a civil case to verdict and a refresher course for seasoned attorneys. The course will begin with jury selection and proceed through opening statements, direct and cross exam of the plaintiff, defendant and defendant’s experts and continue through summation. We will discuss issues on how best to prepare for trial as well as maximizing jury selection, effective openings, techniques for cross examination and evidence presentation, and other related topics. Mr. Blitz will also discuss those items that trial attorneys face during a trial that require fast and strategic thinking. Mr. Blitz will provide tips and strategies for trial preparation for cases involving devastating injury and wrongful death claims, including how to implement technology and demonstrative evidence to show the devastation the injury caused at trial.

Weather is becoming more erratic and insurance policies are becoming more complicated. Policyholders are often confused about coverage and whether the insurance company is correct. Many are turning to attorneys for answers. This course aims to give attorneys an overview of a homeowners policy. We will break down and explain the policy and help you decide whether the insurance company is following its terms.

Are you curious about environmental justice work? Confused about where to start? This course will cover basic terminology and history; laws commonly used to present and seek to address environmental justice issues in U.S. courts; and practice tips and principles.

Many lawyers who are new to practice may say they want to be litigators, but they don’t necessarily have an idea of what that looks like. This introduction to litigation covers some of the most common steps of every case and includes practical first-hand knowledge of the best practices and common pitfalls of each step. This course will detail the process of litigation, from pleadings, to discovery, to dispositive motions through trial, while discussing the importance of continued settlement negotiations along the way.

A well-known legal aphorism states that while a good lawyer knows the law, a great lawyer knows the judge. Kidding aside, in order to be successful, a litigator must routinely have positive interactions with judges. This course will explore ways lawyers can improve their interactions with judges without running afoul of legal and ethical rules that limit the ways that lawyers and judges can interact with one another. Among the topics that will be discussed are MCLE classes and bar receptions, social media, courtroom advocacy and social hospitality.

While not the most glamorous part of litigation, document requests are a key method for obtaining winning evidence. This CLE covers writing and responding to document requests during the discovery phase of a lawsuit. Participants will learn practical tips they can implement in their own practices to draft effective document requests and think strategically when objecting and responding to document requests served on their clients. Participants will also gain insight into negotiating the scope of document requests and preparing for motion practice along the way, in case those negotiations break down.

In a legal system where not everybody speaks English, court interpreters are crucial to overcome language barriers. This one-hour presentation is designed to provide attorneys with valuable information that will benefit their work with court interpreters during legal proceedings.

Own a patent, now what? Only patent owners can enforce their right to exclude others from making, using, selling, or offering to sell their invention. In this introduction to patent litigation, we breakdown the major steps necessary to file and pursue a patent infringement complaint in U.S. district court. We also discuss the importance of claim construction and selecting the right forum. Participants in this course will gain a general understanding of the key step when enforcing a patent owner’s right to exclude.

This course will teach you the fundamentals of using federal Civil Rule 35 to take mental examinations, a discovery technique commonly used in employment cases by management to have a mental health practitioner intrusively question the plaintiff. We will discuss who can attend such an examination, the uses and misuse of “garden variety” emotional distress, the role of the treater and the treater as a “hybrid” witness, the reports required of a forensic expert and treater, as well as psychological testing and the controversy over malingering and the Fake Bad Scale, and tax treatment of emotional distress damages. By the end of this course you should be able to answer the following questions: Must the plaintiff endeavor to mitigate emotional distress damages? Can the defense conduct an ex parte interview of plaintiff's treater? And can the defense require the plaintiff to be interviewed by a vocational rehabilitation professional?

The Biden Administration’s proposed budget for the Occupational Safety and Health Administration (“OSHA”) seeks, among other things, funding to hire significantly more OSHA inspectors in 2022 and beyond.  As businesses brace for aggressive enforcement in the coming years, this program is designed to help attorneys assist their clients through an OSHA investigation.  You will hear from a former OSHA trial attorney while he reviews the investigation process from the opening conference through the issuance of citations.  The program further addresses considerations attorneys need to be thinking about when advising clients on whether to settle or litigate OSHA citations.  Often these important considerations include how OSHA citations will affect third party claims which may present significantly more liability than the OSHA penalties themselves.  Moreover, the program discusses best practices during the investigation process and settlement strategies to achieve client objectives while minimizing risk of future repeat or willful violations. 

Thorough employment investigations of employee allegations of sexual, gender, age, racial and religious discrimination must balance the adverse interests of an employee’s complaint and the employer’s need to minimize interruptions to business operations. To further complicate these competing interests, internal investigations can involve difficult witnesses. This program will provide corporate counsel, internal investigation teams, and human resource professionals with tactics for identifying difficult witnesses and real-time adjustments in investigation strategies that disarm difficult witnesses while maintaining professionalism. Professional service providers such as physicians and accountants will also increase their understanding of internal investigations conducted in small business settings.

Notwithstanding its illegality under federal law, cannabis is now legal for medical and/or adult recreational use in a majority of states. The tension between state and federal law (and the newness of a quasi-legal cannabis industry), however, complicates the legal representation of cannabis industry clients and raises potential ethical pitfalls. The representation of cannabis clients in Intellectual Property (IP) matters is no exception and implicates unique strategic concerns.

Determining the location of an individual at a specific point in time can make or break a case. You can use location data to present an alibi in defense, discredit a witness or party, show how long someone was on the road prior to a crash, establish where a digital contract was signed, and more. This unique webinar will show you how to find and use location data in your case. We will answer your live questions, and walk through realworld location analysis. You will come away knowing where to find data to support your case, as well as how to analyze some of the data yourself.

This program is designed to provide a basic understanding of how to interview children, specifically children who have experienced trauma and may also be refugees. Attendees will gain a comprehension of the different developmental ages of children and learn techniques to effectively interview children to gather information for legal proceedings. The training will include sample questions and hypotheticals to practice these techniques.

Perhaps no area of discovery is more active than Social Media. The ubiquitous nature of cell phones and the proliferation of social media sites has spawned countless discovery challenges and disputes. This fast-paced seminar will help you identify the critical issues you need to focus on. Practice pointers, timely advice, and ethical considerations will also be offered – and will be valuable for all levels of experience with these complex issues.

How great would it be if you could walk into any negotiation feeling confident and walk away satisfied that you had the best possible outcome? In this presentation, Susan Borke will teach you three elements that you can use to improve your negotiations with your clients, managers, team members, contractors, vendors, and even friends or family.

This one hour presentation will provide a fast-paced refresher on the foundational Rules of Professional Conduct governing our daily lives as practicing attorneys. We will also explore the most common ethics violations attorneys make – often inadvertently – to provide guidance on avoiding these most common mistakes.

This course offers an in-depth look at how the concept of ownership is treated with regard to animals and their offspring and it provides participants with every key case citation as to ownership rules, animals as properties to be conveyed and transferred, and how value and damages theories affect our application of ownership laws to animal-relate disputes. The cliched proposition that animals are personal properties is simply the jumping off point to a host of more sophisticated analyses about owning such properties and the unique problems that are brought to light by the fact that as properties animals do odd things such as make decisions, independently transport themselves from place to place, and magically compound their value over time. We also consider how animals may be “specially valued” and at the same time keep in mind the realistic comparison of dead animals with dead humans in both applying and misapplying wrongful death laws and valuation schemes.

Attorneys are constantly facing demands on their time from courts and clients. With all these responsibilities, who could possibly find time to fit in a pro bono case? This presentation will discuss the importance of pro bono representation, explain the numerous opportunities for both short and long term pro bono representation, and provide some ethics considerations and practice tips for those who want to get started.

In 2006, social activist and author Tarana Burke introduced the world to the hashtag and phrase “metoo,” which provided a platform for thousands of employees to speak more candidly about sexual harassment and inappropriate behavior in the workplace. Many forms of sexual misconduct that were once tolerated by employees and employers, is no longer acceptable. Sexual harassment involving anyone from C-suite executives to hourly wage earners can expose an organization to great financial and reputational harm. In this program, counsel tasked with investigating sexual harassment allegations will learn how to implement preventative training and conduct comprehensive investigations. The program will review key steps needed to conduct a balanced investigation and help lawyers and investigators avoid the appearance of bias when dealing with an inherently sensitive subject. This course will also provide an overview of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” the federal legislature passed by the U.S. Senate in February 2022.

Every year more than two million people seek treatment for Traumatic Brain Injuries (TBIs) in the United States, according to the Centers for Disease Control and Prevention. TBI claims are on the rise in personal injury litigation, from catastrophic accidents to minor fender-benders. But what are TBIs and how are they diagnosed?  This one hour presentation will provide a fast-paced overview of TBI injuries, the effects they have on an injured person, and how they are diagnosed and measured.

With hundreds of class action lawsuits being filed each year for allegedly deceptive food labeling, and many more cases threatened and settled without getting to court, it is critically important that food companies and their lawyers understand the risks. This course introduces participants to the regulatory framework governing food labeling and advertising, the legal theories used in litigation, and defenses that food companies commonly assert in these cases. Lauren Handel of Handel Food Law LLC will review examples of recent cases illustrating the labeling issues that have been most targeted in litigation. She also will discuss strategies for advising clients on their labeling and advertising to minimize the risk of getting sued.

This is a comprehensive overview by an attorney who defended the Church for 20 years. How did the sexual abuse crisis start? What was the Church’s response? What must one do to sue the Church? What must one do to defend it? What are special issues that come up? What are the insurance implications? Examples from the presenter’s experience are discussed, and the handling of litigation is uniquely treated in light of the presenter’s previous career as a social worker in which he also dealt with victims (and perpetrators) of sexual abuse. Warning: explicit descriptions are given such as is necessary in this area of litigation.

This course provides a general overview of the common law duty to preserve evidence and the process of developing and implementing a legal hold. The discussion will focus on essential practice information for both new and experienced litigators and will provide tips for recognizing and complying with the duty. This seminar will also be useful to transactional attorneys and business advisors whose clients may become obligated to preserve documents and information.

This course is a primer to class litigation, in essentially three parts: Part 1 is class action legal theory, Part 2 is the public policy debate, and Part 3 is class litigation in practice. Part 1 will address the creation of Federal Rule of Civil Procedure 23, as well as key legal developments in class action law, including Wal-Mart v. Dukes, Campbell-Ewald v. Gomez, Amchem v. Windsor, and others, up through the present day. Part 2 will address the major arguments both for and against class actions as public policy. Part 3 will address class litigation in practice, tracing changes in how class actions are litigated over time, and how class litigation has been practically impacted by developments in class action case law, with a focus on how to use the current law to successfully prosecute or defend a class action.

This course is an advanced review of the legal ethics issues raised by litigation finance and how these have been resolved. We will cover ABA Model Rules, court decisions, bar opinions, and state rules (where appropriate) involving the following topics: attorney competence, scope of authority & control, communicating with the client, fee sharing, disclosure, privilege & confidentiality, and conflicts of interest. Attendees will leave this lecture with substantive knowledge of the ways litigation finance has developed without contravening attorney ethical rules.

Motion practice is an important component of every litigation attorney’s law practice. The New Jersey Court Rule Book, with Comments, is the “Bible” for the litigation attorney. Yet, in my 20 plus years of experience as a trial Judge in the busiest county in New Jersey (Essex County), and as a Judicial Law Clerk (many, many years ago), it never ceased to amaze me that attorneys consistently ignore even the most basic rules of motion practice. In this program, the Honorable Michael R. Casale, J.S.C. (retired), currently “Of Counsel” at Greenbaum, Rowe, Smith & Davis (Roseland and Woodbridge, New Jersey offices), will help you navigate the New Jersey Court Rules as to motion practice. The program will examine Judge Casale’s “Top Ten Issues with Motion Papers” and summarize the requirements for the most common motions in Civil and Family law.

Your client’s townhouse development project is underway. Things are going well and ahead of schedule. Then, seemingly out of nowhere, the New Jersey Department of Environmental Protection visits his work site and slaps him with a large fine and then serves him with an unsettling lawsuit. Now what? Is the project over? Will general liability insurance cover litigation costs and damages? In New Jersey, environmental lawsuits are frequently brought about by the NJDEP and attorney general. There is no quick exit ramp for these kinds of lawsuits, so trial preparation is key. A quick Q&A with the client reveals that he purchased the vacant parcel without doing basic due diligence to determine detrimental liens, covenants and restrictions. The local site plan and subdivision processes went smooth, and local approval was granted. What seemed like an “all clear” was anything but. The prior owner, it turns out, stuck him with a large unpaid environmental cleanup bill for nearby stream contamination. Unfortunately, these bills run with the land, not the owner at the time of occurrence. In this course, we will discuss how detailed trial preparation can spare your clients from the worst outcomes of environmental lawsuits. This involves how to research every nook and cranny of a property and its history, including NJDEP permits on file, rejected applications, transcripts of past proceedings, environmental investigations and studies. Preparation then involves determining which laws, regulations and subsequent caselaw are applicable to the case at hand, while keeping in mind that the federal government preempts the state in many areas of environmental law. Finally, sometimes it is better to live to fight another day: Striking a deal with the NJDEP is often favorable to fighting a bitter, losing litigious fight. Envisioning the most favorable and also plausible outcome is the most important factor shaping trial preparation. Then, we will survey some of the best practices for drafting responsive pleadings, supported by law, regulation and scientific evidence, to the best possible extent, so that your client receives the best representation in an area fraught with uncertainty

As companies look to seize opportunities for growth in 2022, many are facing uncertainty in the broader business environment and on their own balance sheets. Whether a company is thriving or struggling, litigation finance may be a financial solution to transform liabilities into assets, helping businesses and law firms monetize legal claims for working capital or other purposes. Litigators, in-house counsel, C-level executives, and law firm managers might all benefit from understanding how this tool may help their own or their client’s business better manage risk and maximize growth, even while managing active litigation.

Students and faculty alike are protected from discrimination in education under Federal Law. If an educational program receives federal funds, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, Title IX of the Education Amendments of 1972 prohibits discrimination based on sex, and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability. Nonetheless, the remedies available under these laws were drastically limited by the US Supreme Court, on April 28, 2022, when its decision in Cummings v. Premier Rehab Keller cutoff victims' right to recover emotional distress damages. Learn what remedies remain under these federal laws and how the Court's narrow reasoning left emotional distress damages available under other anti-discrimination statutes. This course will break-down the Cummings Case and prepare you to litigate education discrimination under its new rubric. 

The Supreme Court’s October Term 2021 was among the most momentous in history. Dean Erwin Chemerinsky will review the leading cases in the areas of abortion, administrative law, civil rights, federal jurisdiction, the First Amendment, and the Second Amendment, and discuss their implications for constitutional law and society.

You have landed in the court of appeals – now what? Many practitioners approach appeals much in the same way that they do trial court matters but learning the nuances of appellate practice can give you a leg up on your opponent. This course will provide you with a roadmap to guide you on your journey to the court of appeals and beyond. You will learn practical tips that will increase your confidence levels along with your overall chances of success.

The False Claims Act was passed by Congress and signed into law in 1863. The statute has been amended multiple times but it is most well-known for its resource constraints and other considerations, often qui tam provisions, which allow private citizens to bring suit in the name of the government to recover dollars lost as a result of fraud. While the government may elect to intervene in an FCA case and run the litigation, resource constraints and other considerations often leave private counsel to pursue the case on their own. This one-hour CLE will provide a soup-to-nuts guide on litigating FCA cases. From determining when to take a case through case investigation, pleading considerations, motions practice, the use of experts, and readiness for trial. It will weave practical considerations into a narrative with the procedural and evidentiary rules. In an era where more and more solid FCA cases are being litigated without government intervention, this program provides essential guidance.

Insurance touches every facet of our businesses and private lives. When insurance coverage litigation ensues, the dispute often stems from what particular provisions mean, whether policy terms are ambiguous, and whether information outside the four corners of the policy can be introduced to reconcile the meaning/intent of policy language. In this insurance law seminar, we will cover key issues regarding when extrinsic evidence may be used to establish that a particular policy provision is ambiguous and under what circumstances courts allow extrinsic evidence to resolve an ambiguity. This presentation will benefit insurance litigators, as well as general counsel, in-house counsel, risk managers, claims professionals and any other individuals who are involved in insurance policy interpretation and coverage disputes.

Truck accidents are different than car accidents. There are added regulations, additional evidentiary issues, and the regular need for experts. Because of this, it is difficult to tackle a truck accident case without significant experience. This course will provide an overview of the basic steps in how to litigate a truck accident case. We will start at the time the call is first received, the initial investigation, pleading, discovery, and commonly litigated issues. We will cover this from both the Plaintiff (injured party) and Defendant (truck driver) perspective. There is, obviously, much more to litigating a truck accident than we can cover in 1 hour. If you have any questions on your truck case, please feel free to email me ([email protected]) or call me 404-793-0026.

The pretrial playing field has changed markedly over the last three decades, moving the battleground from the jury to the gauntlets that leave a judge with discretion to eliminate or trim a case before it even sees a jury. Standards governing motions to dismiss, summary judgment, experts, the breadth of discovery, and even class certification are the battlegrounds that often determine the fate of a case. Against this backdrop, technology - including the internet and the ability to create real-time recordings of events - has markedly changed the availability and quantity of evidence. Selecting the most compelling evidence - or deselecting evidence is a new challenge in addition to the age-old skill of constructing a narrative that glues the theories in place. Precision in the pretrial process and an appreciation for the evidentiary rules and their interface with the procedural rules are essential. From complaint preparation through discovery and motions practice, this 60-minute session will provide listeners with a crash course overview of what is needed in this new era of front-loaded litigation.

What are your options under the Federal Rules of Evidence with a witness’s trial testimony goes differently than you expect? Learn the differences between impeaching a witness to attack the witness’s credibility, refreshing recollection to repair any defects in the witness’s memory, and using the recorded recollection exception to the hearsay rule which allows the admission of an exhibit. Learn when to use each of these three techniques. Then watch an experienced litigator use each technique in the setting of a hypothetical trial. Participants will leave this training with a template they can use anytime they need to apply these three options at trial.

When you try a case in front of a jury, it’s critical that you convey information in a way that best permits you to persuade those jurors. Learn how jurors understand evidence so you can create effective direct examinations that convince those jurors to find in your client’s favor. Learn the basic direct examination skills, including proper form and style of questioning, as well as advanced techniques to take your direct examinations to the next level.

Perhaps the most fundamental issue for the introduction of evidence at a hearing or trial is properly laying an evidentiary foundation. Substantive evidence is not admitted unless a foundation is first laid. Foundation includes showing the witness has the necessary knowledge to testify about an event or matter, whether the witness is a fact witness or an expert, and that physical evidence is what a party purports it to be. Notwithstanding the fact that every trial lawyer should know how to lay a foundation, the reported cases show that trial lawyers are unable to introduce necessary evidence to establish a claim. This presentation will assist the younger attorney in understanding foundation and the use of the rules for getting evidence admitted. More advanced attorneys will also benefit from review of the rules and pertinent caselaw.

In this course, we will cover the basics of the Family and Medical Leave Act (FMLA). Attendees will gain a working knowledge of the FMLA and important terminology used in that statute. We will also review the process for notification, certification, and designation under the FMLA.

Appellate ethics are often an afterthought, but they shouldn’t be. Ethical quandaries arise in a variety of different contexts throughout the lifecycle of an appellate case. Using realistic hypotheticals and examples from actual appeals, consider how the Model Rules of Professional Conduct apply on appeal.

You can purchase expensive trial software and other technology or DIY – Do It Yourself. In many cases, the injuries and damages do not justify using pricey software and hiring outside consultants. But just because the case is smaller doesn’t mean that lawyers cannot provide a high quality professional presentation at a reasonable cost. In this program, attendees will discover how to use inexpensive trial technology they have in their office, including products such as Microsoft Office 365, Adobe Acrobat, and more. They will also learn about products that work on mobile devices, gaining practical, hands-on advice from an attorney who has used this technology to level the playing field against well-funded opponents.

This course provides a solid overview of the history of litigation finance, from its early days in Australia and the United Kingdom, to its current robust existence in the United States. Litigation finance opens up new avenues to capital for businesses and law firms with meritorious claims, but who otherwise would not have been able to pursue them due to the costs associated with doing so. Viewers will leave this lecture with a clear understanding of how litigation finance operates, what challenges it used to be faced with, and how the legal industry has opened up to it. We will also cover the questions practitioners should ask and answer when looking at litigation finance.

In this course, Susan Borke shares how to use your growth mindset to learn new skills and become proficient in preparing for negotiations. We will learn strategies and tips for attorneys who want to become strategic negotiators, including how to shift from intuitive negotiating to intentional negotiating.

This course gives a both-sides view of legitimate routes to liability against nursing homes and legitimate defenses. It also discusses the regulatory environment, special evidentiary issues with the changeover to electronic medical records, insurance coverage and lien issues. The presentation will draw heavily on the presenter’s experience representing nursing homes in both personal injury and regulatory matters.

In 2022, health care enforcement remains a focus of federal law enforcement agencies. Over the last few years, the DOJ brought a record-number of prosecutions related to health care fraud and anti-kickback violations, particularly in the realms of telemedicine and laboratory testing services. Perhaps unsurprisingly, prosecutors have also targeted fraud and other criminal schemes related to the COVID-19 pandemic since 2020.
Such investigations and prosecutions can make the acceptance of funds from federal payers (e.g., Medicare, Medicaid) fraught with risk for providers and related entities. In this presentation, we’ll discuss the key issues and claims on which federal prosecutors, often aided by agents from the U.S. Department of Health and Human Services, have focused in recent investigations and prosecutions.

With so many hearsay exceptions, where is a busy litigator to start? This refresher course breaks down Federal Rule of Evidence 804 and its exceptions in a comprehensive and clear manner. Fun pop culture examples are used to reinforce the material after the review. Brush up on these useful hearsay exceptions and be better prepared for your next trial.

Managed properly, the Family and Medical Leave Act (FMLA) can assist employers and employees alike with respect to providing predictability and with handling the issues that arise when employees are on leave. But there are traps along the way, and Human Resources Departments and employment lawyers must be mindful of how to identify and avoid these traps. This intermediate-level class is for practitioners who have a working knowledge of the FMLA and now want to understand tactics and strategies, as well as best practices, so that they can avoid violating the law.

One of the biggest challenges facing clients and counsel today is navigating the settlement process during high-stakes, complex litigation and/or class actions. This course, presented by Wyatt Partners (a corporation that focuses exclusively on evaluating both legal spend and litigation settlements), addresses today’s hot topics on this timely issue – both from an in-house and outside counsel perspective. The program will provide a step-by-step journey through the entire settlement process, beginning with the evaluation of risks to be considered when settling, the drafting and negotiating of the actual settlement documents, and the corporate, insurance, and judicial impacts on getting a settlement finalized and approved. The program will also specifically focus on applicable Rules of Professional Conduct and case law as they apply to all stages of the settlement process. Both law firms and corporations will benefit greatly from such insights on a timely and evolving topic that affects everyone in today’s legal and business market.

In this course, we will analyze the historical context of civil RICO claims and explore how relevant case law affects a RICO case plaintiff, including the particularity required of a claim (time, place, etc), details of the mental state, and pattern of activity.

In this one hour course, attorney Charles “Chuck” Dalziel, will take a deep dive into the current statutes and recent decisions that affect access to various types of court records. We will discuss how the U.S. Constitution and various federal statutes extend to the right to access court records depending on they type of case you are dealing with, including the limitations on using and obtaining juvenile court records. This course will also provide an overview on how to obtain court records and review relevant caselaw in this area.

Since 2015, there has been a significant increase in class actions addressing total loss auto insurance, starting in Florida and now expanding into numerous other states. It is now perhaps the most litigated issue in the class action insurance area of law. This course addresses the three major theories under which these cases are brought, along with the major issues, both as to the merits and class certification, particularly from the plaintiff's perspective.

In this one hour course, bankruptcy attorney Daniel Gershburg provides an in-depth review into the meeting of the creditors. The meeting of the creditors, better known as a 341 hearing, is required by the bankruptcy code and an essential aspect of any bankruptcy case. This meeting allows the bankruptcy trustee and creditors the chance to ask questions of the debtor, assess the completeness of bankruptcy documents, and verify claims. This course will discuss the questions that might be asked of your client, how your client should respond, and how to avoid traps that could get your client into trouble.

Since the late 1980’s with the US Supreme Court’s landmark decision in Basic Inc. v. Levinson, in securities class actions, plaintiffs have been able to rely on the “fraud-on-the market” presumption of reliance at class certification. In recent years, the validity of that presumption and its evidentiary burdens at the class certification stage have been repeatedly questioned, leading to a “battle of the experts” to determine whether a class should be certified. This course examines the evolution of the fraud-on-the-market presumption and its uses at class certification and then delves into  expert’s role in securities class actions at the class certification stage.

Section 337 investigations at the U.S. International Trade Commission (ITC) provide a fast and efficient forum to assert your intellectual property against imported goods. A successful ITC complaint can quickly lead to the ITC blocking future imports of infringing products, protecting market share, and stopping unfair competition. Because Section 337 investigations differ substantially from federal district court actions, success requires a nuanced understanding of the ITC’s unique requirements and procedures. In this course, Mr. Riley explains how to file a complaint at the ITC and examines the wide array of possible causes of action, including patent infringement, trade secret misappropriation, unfair competition, and breach of contract. Mr. Riley also discusses how to best utilize the ITC’s procedure and discovery rules to strategic advantage.

This ethics program will explore how in-house counsel can successfully master the Engagement Agreement process when hiring counsel, experts, consultants, and vendors for litigation or transactions.  Our speakers will guide attendees through the entire process – the necessary preparation (including the Request for Proposal (“RFP”) process); the drafting process (including incorporation of both hourly rates/fees plus any potential expenses to be incurred); and general best corporate/firm practices to maximize the benefits of what in today’s legal market is the most useful first step to address and prepare for an upcoming litigation or transaction.

Depositions are an aspect of litigation that is fraught with ethical peril. There is little ability by the opposing party to regulate the preparation of the deponent, because the opposing party is not present. Unless the parties invite court intervention, no judge is present during the deposition itself to police the way the deposition is defended and taken. The format of online depositions present additional challenges. In this course we’ll discuss ethical traps for the unwary in the context of a realistic hypothetical employment discrimination case where online depositions are occurring

Trials are won and lost on evidence. Even having the best evidence to support your case theme and theory is useless if you can’t get that evidence admitted. In this practical refresher focusing on the Federal Rules of Evidence, attorneys will learn what it takes to authenticate any piece of evidence, best practices for doing so, and get a reminder of the specific types of evidence you must offer at trial under the Best Evidence Rule. This course will provide attorneys new to trial practice the practical application of evidence rules.

Most litigators agree—the hearsay rules are challenging. Familiarity with the many exceptions to this rule of exclusion are key if you want to succeed at trial. In this practical refresher focusing on the Federal Rules of Evidence, you’ll review the major exceptions to the rule against hearsay that are found in Federal Rule of Evidence 803.

Discrimination law is top of mind for most attorneys and businesses throughout the country. We all like to discuss the latest news headlines and debate our culture wars to determine who is right and wrong, but in reality, that discussion misses the point. The real question is what is the cost of being wrong. For example, while pecuniary damages (such as back pay and front pay) are known and tangible, have you considered non-pecuniary damages in your case evaluation? In discrimination law, the largest category of damages is emotional distress, which can vary depending on the proof you have and your ability to prove it in court. In this course, Andrew Lieb will teach you how to gather and prove these intangible damages, which will make or break your discrimination case.

In this course, Andrew Lieb will discuss the emergence of restrictions on speech in public schools and whether those restrictions constitute actionable viewpoint discrimination. Can the government regulate what teachers and students wear and display in our public schools? When are time, place, and manner restrictions permissible and when are they discriminatory? Do policies like the “Don't Say Gay” rule, violate the First Amendment? This course will teach you how to analyze a viewpoint discrimination case and prepare you to fight to protect your clients' constitutional rights.

Taking effective depositions is a crucial skill for litigators and trial lawyers, a skill that can be taught and learned. But how should deposition skills be taught? A lot goes into taking effective, powerful depositions and a lot goes into defending depositions. Effective depositions can be reduced to mastering certain skills, including conducting thorough due diligence before a deposition, thinking through and relying on your case theme during the deposition, securing all relevant information the witness has to offer, and directing the witness the provide you the information in the manner that you want it. This course will focus on strategies and exercises for teaching deposition skills that win cases.

The most important deposition in any case is your client’s deposition – the deposition you will never take. If we start with the premise that our client’s deposition is crucial, how do we ensure it goes smoothly? What steps do we take to prepare our client to give the best deposition testimony they can possibly give? This program will provide attorneys with a pathway to success when preparing there client for deposition. We will take a deep dive into the essential conversations you must have with your client when preparing them for deposition and best practices for excelling at deposition.

In this one hour program, attorney & author Frank Ramos will discuss in-depth the purpose of depositions, how to advance your case themes, support your case, and win at trial. This course will examine how to handle various types of witnesses, including the expert witness, and analyze how a witness will play a role in your case at trial. We will explore the importance of conducting witness due diligence and how that information will help you accomplish your deposition goals.

Many litigators joke that they “hate math” and chose law to avoid it. But in fact, data, and the use of analysis to process and present data, is critical to modern litigation. Data allows attorneys to scale up from individual to societal in scope, to claims encompassing entire financial markets and public-health epidemics. This new and insightful course explains why data is important and how to use it effectively in litigation. While class is a must for seasoned litigators who handle matters involving data sets for proving their case, others may find the topic of interest.

A trial is really won or lost through the evidence, not through a flashy closing argument. In trial, evidence is presented to the jury through both direct and cross examinations of the witnesses. This course will help you hone the necessary skills to successfully present testimony and exhibits to the jury through direct and cross examinations of fact witnesses at trial.

Attorney Aaron Solomon and MBA and chaplain Meredith Parfet discuss the critical role of storytelling in communications, whether as a persuasive tool for lawyers, or as a component of crisis management for their clients. This course covers the cultural and cognitive role that storytelling plays, as well as ways it has been incorporated into legal pleadings, its excision from complaints under the Federal Rules, and its slow return. It then addresses the centrality of storytelling for clients, including such issues as the importance of controlling a public narrative, communicating with friends and family, and the danger of trying to stay totally silent. It presents concrete tools for finding and telling a story, such as a message map, stakeholder analysis, and message funnel. Finally, the course includes a case study of a high profile employment discrimination case and the role effective storytelling played in the outcome.

The courtroom may seem like a scary place, but it does not have to be. This course will discuss the evidentiary and admissibility rules that every attorney needs to know and will guide you through what to do during trial so that you have the best chance of getting your evidence admitted into the record. The goal of this course is to untangle the complicated world of evidence and admissibility rules and procedures, so that no matter how inexperienced you may be, you will feel at home in the courtroom.

Using examples from his personal experience of using data in litigation involving securities, antitrust, and litigation finance, our experienced and knowledgeable presenter will discuss how the data were used, how courts judged the data, and the outcome of those cases. This course includes practical recommendations for using data in working up cases, drafting pleadings, proving a case in discovery, and presenting data at trial.

The art of jury selection, commonly known as voir dire, plays a pivotal role in shaping trial outcomes. This course delves into the essential do's and don'ts of voir dire, equipping legal professionals with the knowledge and skills to conduct effective jury selection.
The course begins by examining the foundations of voir dire under state and federal law, providing a thorough understanding of the legal framework that governs the process. Participants will explore key concepts, such as the constitutional rights of potential jurors, challenges for cause, and peremptory challenges, enabling them to navigate the complexities of voir dire with confidence.
This course will also address how to craft compelling questions, establish rapport with prospective jurors, and identify potential biases and prejudices. Additionally, techniques for active listening and non-verbal communication will be explored to enhance the effectiveness of voir dire. Whether you are a seasoned litigator or a budding attorney, this course will empower you to select the most favorable jury for your client's case and enhance your overall trial advocacy skills.

This one-hour course will provide attendees with a solid foundation for producing compelling written argument for oral argument that is backed by solid research. The course will also provide tips and tricks for producing clear and concise briefs and avoiding common pitfalls that often lead to losing a motion before setting foot in the courtroom.

This course will help you learn to effectively manage difficult defense attorneys. Seasoned trial attorney Mike Brusca uses lessons learned from years of practice, basic child psychology, and solid communication principles to help you create natural consequences and strategies to navigate difficult interactions at all stages of litigation and depositions.

Plaintiffs’ lawyers now need to write more than ever – but they are faced with busy judges and need to compete with other litigants for the Court’s time. Join professional brief writer Jonathan Hilton as he explains how to fashion documents judges will look forward to reading. He explains his top ten tips: Five on how to help the judge spot your best arguments in less time, and five on how to make your clients more likable—and your clients’ stories more compelling. We round out the hour by looking at resources that will help you become a better brief writer moving forward.

Proficiency when using Microsoft Word is vital to the legal practitioner. In this practical program, attorneys will learn fundamental tips and tricks for Microsoft Word on Mac computers. This course will aim to provide instruction for attorneys on time saving practices in their everyday tasks. We will analyze the customization of the Word ribbon/toolbar, including how to create new custom tabs and ribbons for efficiency, as well as review styles, page numbers, and section breaks. This course will also provide an overview of how attorneys can use Word to build out tables of content and tables of authorities for legal documents.

The U.S. Department of Labor (DOL) has committed to moving forward with the process of establishing final regulations for governing the valuation of companies for employee stock ownership plan (ESOP) transactions. In this one-hour course we will provide an in-depth case study on a landmark trial victory that has had a direct impact on this new development. This course will focus on the ongoing efforts for recovering attorney’s fees and costs in the U.S. Court of Appeals. We will analyze how this effort to recover attorneys' fees and expenses increased pressure on the DOL to clarify ESOP valuations and related transactions for companies and fiduciaries.

In this course, Megan Stumph-Turner of Baker Sterchi Cowden & Rice LLC, will take attorneys on an exploration of current hot topics and trends in real estate litigation, including antitrust litigation, litigation involving force majeure clauses in the post-pandemic era, and litigation due to construction delays and cost disputes. By the end of this course attorneys will gain an understanding of potential litigation their clients may face and how to better advise them on avoiding these issues.

Effective trial lawyers use storytelling to develop a thematic narrative that leads the jury to a desired verdict. This course goes beyond basic devices for controlling witnesses (such as leading questions on cross-examination), and offers techniques for maximizing the storytelling impact of witnesses’ own words.

This course will provide attorneys with an in-depth overview of what comprises sports law. We will discuss the key aspects of case law in sports law and define various industry dynamics required to understand the space. Finally, this course will review how sports law can be added into an existing law practice.

As attorneys, we often believe that attorney-client privilege is sacrosanct. However, exceptions to, and ways to forcibly breach, privilege exist. One is the crime-fraud exception. Attorney-client privilege cannot shield a crime or a fraud. Courts, investigators, and prosecutors can force an exception to privilege, if they present evidence of a crime or a fraud. What does a prosecutor or opposing counsel have to present to a court to breach privilege? What are the duties of an attorney facing prosecution or a civil court order that seeks access to privileged materials and communications? What procedures do you ask the court to adopt, should you find yourself fending off an accusation that crime or fraud has occurred and justifies vitiating privilege? Put simply, this course will explain what to do as an attorney to protect yourself and your clients – and discharge your ethical duties – when the government or the court comes