Impact of New FRE 807 on Hearsay Evidence: New Residual Exception
May 12, 2020 • CLE • Live Webinar
This CLE webinar will alert trial lawyers to the new opportunities and challenges presented by the Dec. 1, 2019, amendment to Federal Rule of Evidence 807 regarding the residual exception to the hearsay rule. The amendment relaxes some of the barriers to the admission of hearsay, and counsel must be...
Enforcing and Collecting Judgments: Strategies for Locating and Recovering Corporate Asset...
Alter Ego Liability, Piercing the Corporate Veil, Reverse Piercing, and Fraudulent Conveya...
February 4, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide commercial litigators with the tools to help clients enforce and collect judgments. The panel will outline best practices for obtaining and preserving judgments, conducting post-litigation discovery to locate assets, and executing and satisfying judgments, and will disc...
Lay Opinion Testimony Under FRE 701: Admission and Exclusion Challenges
January 22, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will educate counsel as to the nuances of Federal Rule of Evidence 701, which attempts to define the parameters of admissible opinion evidence from lay witnesses. Trial lawyers who understand Rule 701 can use this powerful tool to expand the testimony of their own witnesses and rest...
Using Civil Conspiracy to Establish Vicarious Liability
Determining Evidence to Prove a Conspiratorial Agreement; Circumstantial Evidence; Persona...
December 17, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide trial lawyers with detailed guidance on a valuable but underutilized tool to expand the scope of liability in a civil action: pleading and proving the existence of a conspiracy. This webinar will address, among other things, the many misconceptions about this powerful l...
Firing or Withdrawal of Counsel During Litigation
Duties to the Client; Impact on Litigation; Collection of Fees; Effects on Malpractice Cla...
November 20, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will address the panoply of complex issues arising out of a change of counsel during pending litigation. Changes can be client caused (i.e., firing counsel) or counsel caused (i.e., withdrawal). Regardless of the cause, both old and new counsel have obligations to the client and to...
Lost Profits in Commercial Litigation: Proving and Defending Damages
Leveraging Calculation Methodologies, Documentation and Expert Evidence
September 25, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide trial counsel with an overview of how financial experts quantify lost profits to help them understand the framework, bases and aspects of lost profits damages calculations. The panel will explain how to use this approach to prove or defend against a lost profits damages...
Deposition Sanctions for Counsel and Witness Misconduct
Seeking and Defending Motions for Sanctions, Avoiding Misconduct
September 19, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will guide trial lawyers through the dangerous area of deposition misconduct. Whether dealing with an evasive witness or an obstreperous lawyer, courts are not shying away from issuing costly sanctions orders. Deposing counsel must know what tools are available to keep defending cou...
Leveraging Rule 68 Offers of Judgment in Settlement Negotiations
Inducing Favorable Settlements, Avoiding Potential Pitfalls
May 29, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will analyze Rule 68 offers of judgment, how defense counsel can leverage the rule to induce settlement, issues, and consequences of making the offer, and considerations for plaintiffs in rejecting the offer. The panel will also discuss Rule 68 as a tool in class action suits after...
Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Su...
Finding and Obtaining Admissions by Opponents on Twitter, Instagram, Facebook, Reddit, You...
October 26, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, guidance on sending spoliation warning letters for social media posts, and a roadmap for subpoenas of social media ev...
False Claims Act Litigation: Proof, Defenses, Individual Liability, and More
September 27, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will discuss litigation tactics for defending False Claims Act (FCA) cases, including individual liability and the impact of the Yates Memo on FCA liability and reverse false claims. The program will look at recent trends in FCA litigation and recent case law developments.
Asset Recovery in Commercial Litigation: Litigating Piercing the Corporate Veil, Alter Ego...
Strategies for Plaintiffs and Defendants to Maximize Recovery or Protect Assets
July 11, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide commercial litigators with an analysis of legal theories that allow creditors to recover assets from affiliates and subsidiaries of corporate debtors and other transferees, namely piercing corporate veil, alter ego liability, successor liability and fraudulent transfers...
Social Media, Internet and Email Evidence at Trial: Admissibility of Electronic Evidence
Overcoming the Challenges of Authentication, Relevance and Hearsay to Get Evidence Admitte...
February 28, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide trial counsel with best practices for getting social media evidence admitted at trial, authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations that counsel must weigh when using social m...
Federal Appellate Petitions and Motions: Filing and Response Strategies
Making or Opposing Requests for Permission to Appeal, Mandamus Orders, and Other Procedura...
February 7, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will discuss best practices for filing and responding to petitions to appeal and motions for other relief in the federal appellate courts, while providing strategies to make compelling submissions and avoid common pitfalls.
Deposing Rule 30(b)(6) Corporate Witnesses
Preparing the Deposition Notice, Questioning the Corporate Representative, Raising and Def...
December 13, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will prepare business litigators to depose corporate representatives in accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure. The webinar will discuss best practices for meeting the 30(b)(6) notice requirements, effectively questioning the corporate representative,...
Tortious Interference with Contracts, Business Relations and Economic Advantage: Proving a...
Navigating the Complexities of Claims Alleging Intentional and Improper Business Disruptio...
November 8, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with an examination of the latest developments in cases alleging tortious interference with contract, tortious interference with business relations, and tortious interference with economic advantage. The panel will address challenges business counsel face in pro...
Expert Witness Depositions: Preparing to Attack the Opponent's Expert
Obtaining Testimony to Support Daubert Challenges, Impeachment at Trial, and Gain Settleme...
September 27, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will equip litigators with skills to obtain deposition testimony from opposing experts that can be used to impeach or disqualify the expert from testifying at trial and to gain leverage for favorable settlements. Our authoritative panel will provide techniques for eliciting favorabl...
Leveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presen...
Strategies for Using 3D Animation, Trial Software, iPads, Video, Mobile Apps, Wearables an...
July 7, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide trial counsel with strategies for effectively using technology in the courtroom. The panel will discuss how to create digital presentations that will capture and hold a jury's attention, integrate technology into examinations and arguments, and leverage data from wearab...
Protecting Privilege in Post-Accident Investigations
Successfully Asserting Attorney-Client Privilege, Self-Critical Analysis Privilege, Work P...
March 22, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will explore the thorny privilege issues that arise when companies self-investigate accidents or incidents involving their products or services. The panel will review recent court rulings on attorney-client privilege, self-critical analysis privilege, paralegal investigations and th...
Defending TCPA Litigation Following the FCC's 2015 Omnibus Order
Navigating Issues of Consent, Strict Liability, Ascertainability, Picking Off/Mootness, Co...
February 23, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to commercial litigators on defending Telephone Consumer Protection Act (TCPA) lawsuits in the wake of the Federal Communications Commission's (FCC's) recent Omnibus Order on robocalls. The panel will examine the latest class action trends and settlements under...
Leveraging Discovery Special Masters in Complex Business Cases: A Case Study
Insights From Plaintiff's Counsel, Defense Counsel and Discovery Special Master
January 12, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will discuss how using a discovery special master in complex business litigation can save significant fees, costs and time, and help the parties more quickly resolve their dispute. The panel will offer a case study illustrating the advantages of using a discovery special master in a...
Impeachment of Witnesses in Civil Litigation: Strategies for Discrediting Adverse Witnesse...
Using Depositions, Testimony and Correspondence to Impeach With Prior Inconsistent Stateme...
November 17, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to strategically and effectively impeach witnesses in civil litigation. The panel will discuss how to use prior inconsistent statements, contradictory facts and evidence of bias to impeach the credibility of adverse witnesses; when to impeach your own witness; a...
Fee Shifting in Civil Litigation: Leveraging New Court Rulings and Rule 68 Offers of Settl...
Obtaining and Contesting Attorney Fees and Cost Awards
February 17, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with techniques for fee shifting. Our panel will discuss and offer insights into new court rulings and the interaction between FRCP 68 offers of settlement and statutory exceptions to the American rule governing the circumstances under which fees may be shift...
Navigating Parallel Agency Investigations and Civil Litigation: Discovery and Disclosure C...
Cooperating With Investigations While Protecting Corporate Interests in Parallel and Poten...
November 19, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with a game plan for handling the dichotomy that comes with corporate government investigations in parallel with civil suits. Our panel will discuss how business litigators can achieve the optimal balance between civil trial strategies and cooperation with ag...
Punitive Damages in Commercial Litigation: Pursuing and Defending Claims
Leveraging Pre-trial Motions, Discovery and Trial Strategies, Navigating Constitutional Re...
April 22, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with guidance on the oftentimes controversial and complex punitive damage claim. Hear from experienced litigators as they discuss techniques in seeking and defending punitive damage claims in commercial litigation.
Summary Judgment Motions: Advanced Strategies for Civil Litigation
Weighing the Risk of Showing Your Hand, Leveraging Discovery Tools and Timing, Identifying...
April 8, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with techniques for preparing and presenting successful summary judgment motions. Our panel of experienced litigators will step outside the obvious to explain the nuances in deciding whether and when to file a summary judgment motion, using discovery, timing...
Rule 702 and Daubert Standards for Expert Witness Testimony
Best Practices for Bringing and Defending Daubert Challenges
February 12, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will prepare litigators to meet the Daubert standards on admissibility of expert opinion testimony and outline effective strategies for bringing and defending Daubert motions.
Discovery Issues in Federal Agency Litigation: Navigating Privileges, Work Product, FOIA a...
Mastering Application of Discovery Concepts and Unique Rules for Litigation With Governmen...
January 14, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with the necessary tools to effectively conduct discovery when a federal agency is a party. Our panel of experienced litigators will analyze, explain and offer their experiences on key issues involving government privileges, work product and the use of the Fr...
Expert Discovery After Rule 26 Amendments: Lessons from Recent Cases
Navigating the Practical Impact of the “Facts or Data” Scope Change, “Drafts of Expert Rep...
November 26, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will examine the courts' recent application of the Rule 26 Amendments on expert witness discovery, including lingering uncertainties. The panel will review the practical impact of the "facts or data" scope change, draft expert report protections, and other key changes to the expert...
Avoiding Tort Liability in Breach of Contract Actions
Leveraging the Independent Tort and Economic Loss Doctrines and Mitigating Risk with Effec...
October 31, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will review recent cases in which breach of contract actions morphed into tort claims, the potential damages exposure for contracting parties under tort law, the application of the economic loss and independent tort doctrines as defense strategies, and contracting strategies to mini...
Pleading Standards, Affirmative Defenses and Motions to Dismiss in Federal Court
Navigating Rule 8 Pleadings, 12(b)(6) and (f) Motions to Dismiss, and Standards in Removal...
August 29, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the evolution of pleadings standards since Iqbal/Twombly and how to survive a motion to dismiss. The panel will also discuss the applicability of the heightened pleadings standard to affirmative defenses as well as cases removed to federal court for diversity.
Predictive Coding: Emerging E-Discovery Tool
Leveraging E-Discovery Computer-Assisted Review to Reduce Time and Expense of Discovery
June 26, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel on using predictive coding in e-discovery, considerations when implementing and evaluating a predictive coding protocol, and the recent case law developments on the use of predictive coding.
E-Discovery and Social Media: Latest Litigation Challenges
Preserving and Collecting Tweets, Facebook Postings, LinkedIn Updates and Other Content
March 12, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to meet the challenges involved in preserving and collecting social media data. The panel will discuss evolving case law developments and offer best practices for preserving ESI associated with social networking.
Electronically Stored Information Preservation and Collection
Navigating the Changing ESI Landscape for Effective Litigation Holds
February 27, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will provide business counsel with a review of the implications of recent court decisions and explain the analytical framework for preserving electronically stored information (ESI). The panel will offer best practices for using litigation holds and preserving ESI.
Federal Courts Jurisdiction and Venue Clarification Act: One Year Later
Lessons Learned from Applying the New Jurisdiction and General Removal Procedures
February 20, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will review the pertinent provisions of the Federal Courts Jurisdiction and Venue Clarification Act of 2012, and will analyze its first year of implementation and what may be encountered in the future. The panel will address best practices and lessons for litigators one year after t...
Cloud Computing: E-Discovery Challenges
Best Practices to Minimize Pitfalls in Identification, Preservation and Collection of ESI
October 24, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel on the legal complexities of cloud computing and its unique e-discovery challenges. The panel will provide best practices for managing ESI in cloud computing sources and drafting contract provisions to address potential litigation pitfalls.
Witness Preparation Strategies
Pursuing Aggressive Advocacy While Avoiding Ethical Violations for Woodshedding
October 4, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with effective techniques for preparing witnesses for deposition and trial. The panel will review the ethical rules applicable to witness preparation, analyze recent case law developments on sanctions for witness woodshedding, and offer strategies to avoid et...
E-Discovery and Attorney-Client Privilege: Document Reviews and Inadvertent Disclosures
Conducting a Defensible Privilege Review and Leveraging FRE 502 and Clawback Agreements to...
September 11, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with best practices for searching and identifying privileged documents amid electronically stored information. The panel will offer strategies for leveraging Federal Rules of Evidence (FRE) 502 and clawback agreements to preserve the privilege and confidentialit...
Expert Witnesses: Attorney-Client Privilege and Work Product Protection
Protecting Confidential Communications With Experts and Outside Consultants Before and Dur...
April 18, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with an analysis of the attorney-client privilege and work-product doctrine with respect to the use of experts and outside consultants before and during litigation. The panel will discuss common pitfalls and approaches to protect confidentiality and attorney...
New Federal Courts Jurisdiction and Venue Clarification Act
Navigating Significant Changes to Jurisdiction and General Removal Procedures
March 28, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with a thorough review of provisions of the Federal Courts Jurisdiction and Venue Clarification Act. The panel will assess how the Act will affect federal litigation, outline strategic considerations and offer best practices to cope with the new law.
Preliminary Injunctions and TROs in Commercial Disputes
Obtaining or Opposing Emergency Motions in Business Litigation
February 8, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to file or defend against motions for preliminary injunctions and temporary restraining orders (TROs). Our panel of experienced litigators will examine the standards to obtain or defeat such motions, discuss key procedural aspects, and review appeal consideratio...
Diversity Jurisdiction and Removal to Federal Court
Applying the Supreme Court's Nerve Center Test to Complex Corporate Structures and Navigat...
September 27, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with a review of the rules for diversity jurisdiction and the application of the Supreme Court's nerve center test to complex corporate and LLC structures. The panel will offer litigation strategies to identify and avoid the pitfalls often encountered in the...
Attorney–Client Privilege Challenges With Social Media and E-Communications
Effective Strategies for Preserving the Privilege and Maintaining Confidentiality
July 7, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will prepare attorneys to face the attorney-client privilege and work product protection challenges presented by social media and electronic communications. The panel will discuss how privilege can be inadvertently waived and outline best practices to preserve the privilege and main...
Employment Arbitration Agreements
Crafting Enforceable Arbitration Clauses and Successfully Navigating the ADR Process
March 2, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide legal and practical guidance for crafting enforceable employment arbitration agreements and achieving favorable results in arbitration.
Federal Court Jurisdiction: Diversity and Removal Complexities
Navigating the Intricate Jurisdiction Standards and Removal Process
December 2, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide litigators with an overview of the rules for diversity and removal jurisdiction, identify common pitfalls in the removal process, and analyze significant case law developments in this area.
Expert Witnesses: Leveraging New Rule 26 Amendments
Preserving Work Product Immunity for Expert Opinions and Reports
September 28, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will prepare litigators to adapt to the new Rule 26 amendments regarding discovery of attorney communications with expert witnesses. The panel will outline best practices to leverage the amendments to protect expert opinions and reports.
E-Discovery Cost Containment: Legal Strategies
Leveraging Economical Litigation Agreements, E-Mediation and Other Emerging Tools
August 19, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with strategies to contain e-discovery costs without sacrificing quality or increasing legal risks or potential court sanctions. The panel will review and evaluate emerging tools and ongoing developments within the legal profession.
Pleadings Standards Post-Iqbal: Litigation Trends
Meeting Tougher Plausibility Standards in Commercial Litigation
July 15, 2010 • CLE • CLE On-Demand, Download
This CLE seminar will update counsel either filing or arguing against motions to dismiss on the impact of the Supreme Court's Iqbal decision on pleading standards one year later. The panel will review recent case law developments, including emerging state court cases that discuss Iqbal.
Cloud Computing: Emerging E-Discovery Trends
Meeting the New Discovery Challenges in Electronically Stored Information
May 4, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will enhance the attorney's knowledge of cloud computing and its unique e-discovery challenges. The panel will provide best practices for managing ESI in cloud computing sources and drafting contract provisions that address some of the litigation pitfalls.
Attorney Fee-Shifting Litigation
Obtaining and Contesting Attorney Fees and Cost Awards
December 16, 2009 • CLE • CLE On-Demand, Download
This CLE seminar will review the legal standards for attorney fee shifting, including key case law developments and how to determine reasonable attorneys fees and costs. The panel will outline best practices for obtaining and contesting fee and cost awards.
Social Networking Websites: The Emerging Litigation Tool
Strategies for Using Facebook, Google, and Other Online Sources in Litigation Practice
November 11, 2009 • CLE • CLE On-Demand, Download
This seminar will examine the use of social networking and other website content in litigation and best practices for getting such content admitted into evidence. The panel will also review the risks, limits and ethical considerations in using such information in litigation.
California's New E-Discovery Requirements
Preserving, Obtaining and Protecting Electronically Stored Information
August 6, 2009 • CLE • CLE On-Demand, Download
This seminar will examine California's new e-discovery rules and will discuss how they will change the litigation landscape. The panel will outline best practices for complying with the new requirements.
Email and Discovery Risks: Beyond Qualcomm v. Broadcom
Effectively Managing Electronic Evidence and Avoiding Sanctions, Penalties and Ethical Vio...
June 3, 2009 • CLE • CLE On-Demand, Download
This seminar will review discovery risks with email evidence for attorneys and clients, particularly since the Qualcomm Inc. v. Broadcom Corp. ruling. The panel will outline steps to properly manage, retain and produce electronic evidence without incurring sanctions and penalties or violating legal...
E-Discovery Strategies for Rule 45 Subpoenas and Non-Party Production
May 20, 2009 • CLE • CLE On-Demand, Download
This seminar will review Federal Rule of Civil Procedure 45 and how it relates to Rules 26 and 34. The panel will focus on the duties of non-parties to preserve potentially responsive electronically stored information (ESI) and best practices for non-party production.
Developing Document Retention Strategies
Crafting Effective Records Management and Destruction Programs
April 22, 2009 • CLE • CLE On-Demand, Download
This seminar will review and evaluate strategies for effective document collection, retention, preservation and destruction within the strictures of the Federal Rules Amendments, e-discovery requirements and court decisions, during a period of increased government scrutiny on corporate conduct.
New Rule 502 and Inadvertent Disclosures
Best Practices for Preserving the Attorney-Client Privilege
March 18, 2009 • CLE
This seminar will examine the new federal rule of evidence, how the courts are interpreting the rule, the implications for litigation practice, and the best methods for protecting attorney-client privilege.
Data Mapping and Litigation Preparation
Best Practices to Navigate Discovery and Track Electronically Stored Information
February 25, 2009 • CLE • CLE On-Demand, Download
This seminar will examine how to create and use data mapping, among other tools, to manage and reduce costs involved with electronically stored information in litigation and discovery preparation.
Effective Litigation Holds
Best Practices to Reduce Risks and Costs Under the Amended Federal Rules
February 17, 2009 • CLE • CLE On-Demand, Download
This seminar will examine the full extent of the duty to preserve electronic evidence and will provide practical strategies for streamlining efforts in order to save time and money while meeting the obligation.
Attorney–Client Privilege in Electronic Communications
Effective Strategies for Preserving the Privilege and Maintaining Confidentiality
January 21, 2009 • CLE • CLE On-Demand, Download
This seminar will examine attorney-client privilege in the context of electronic communications, the different ways the privilege may be waived, and best practices to implement to preserve the privilege.
Enforceable Mediation Settlement Agreements
Crafting and Executing Agreements to Withstand Court Scrutiny
January 13, 2009 • CLE • CLE On-Demand, Download
This seminar will review current case law trends related to the enforcement of mediated settlement agreements and will offer best practices for mediation counsel for negotiating, drafting and executing enforceable agreements.
Meet and Confer — Complying With Tougher Discovery Rules
Containing Costs, Reducing Risks and Avoiding Sanctions
January 13, 2009 • CLE • CLE On-Demand, Download
The panel will review discovery requirements under the federal rules amendments and steps that counsel must take to plan and execute an effective and efficient meet and confer strategy.