Cross-Examining the Plaintiff in Employment Harassment and Discrimination Cases
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide employment trial lawyers with the tools to handle the challenging task of cross-examining a plaintiff/victim claiming harassment or discrimination. The plaintiff/alleged victim's deposition is typically the pivotal testimonial event in the case. Trial counsel is often stuck between a rock and a hard place: push aggressively, and the plaintiff/victim may garner sympathy; hold back too much, and the defense suffers.
Outline
- Differences between deposition cross and trial cross
- Witness preparation
- Information gathering
- Legal research
- Deposition conduct
- Learning the plaintiff's case
- Getting admissions
- Setting up impeachment
- Trial issues
- Know the answer to every question before asking
- Lines of attack
- Discrediting plaintiff testimony without fostering backlash sympathy
Benefits
The panel will review these and other critical issues:
- Whether to make deposition or trial the venue for plaintiff's cross-examination
- Substantive preparation and planning for the plaintiff's deposition
- Strategies for fortifying the plaintiff’s case during his or her deposition
- Strategies for discrediting the plaintiff without provoking anger at the defendant(s)
Faculty
Ashley Allyn
Of Counsel
Gibson Dunn & Crutcher
Ms. Allyn practices with the firm’s Labor and Employment and Litigation Departments. Her practice focuses on... | Read More
Ms. Allyn practices with the firm’s Labor and Employment and Litigation Departments. Her practice focuses on labor and employment litigation, including state-wide and national wage and hour and discrimination matters, as well as employer counseling and policy revision.
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Lynne Bernabei
Partner
Bernabei & Kabat
Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower cases for over thirty... | Read More
Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower cases for over thirty years. She is a founding partner of Bernabei & Kabat, PLLC, where she handles claims of civil rights violations, and discrimination cases across the country. Although the practice focuses on cases in state and federal court in the Mid-Atlantic region, she has also litigated cases in New York, California, Illinois, Pennsylvania, New Mexico, and Arizona.
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Jonathan E. Clark
Attorney
Sheppard Mullin Richter & Hampton
Mr. Clark has litigated on behalf of employers in both state and federal court, and in jurisdictions across the... | Read More
Mr. Clark has litigated on behalf of employers in both state and federal court, and in jurisdictions across the country. His representation has included both single-plaintiff and class-action cases. Additionally, Mr. Clark has achieved positive results for clients in mediation and arbitration proceedings. He also counsels employers in such crucial areas as employee-handbook development and workplace policies and procedures, and he has overseen internal workplace investigations.
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