Employment Litigation Pretrial Motions to Dismiss, to Limit Discovery, and Motions in Limine

A live 90-minute CLE webinar with interactive Q&A


Wednesday, October 11, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 22, 2017


This CLE webinar will provide guidance to employment litigators for pursuing or defending motions to dismiss, motions to limit the scope of discovery, and motions in limine. Our panel of experienced employment litigators will discuss their perspectives and approaches to pretrial motion practice in discrimination and wage/hour claims.

Description

To advocate effectively for employers or employees, employment litigators must be versed in pretrial motion practice and prepared to pursue or defend motions to dismiss, motions to limit the scope of discovery, and motions in limine from the outset of the case.

Motions to dismiss, generally called 12(b)(6) motions, are attractive because they have the potential to dismiss an entire case based solely on the initial pleadings. However, employment litigators must carefully consider whether the likelihood of success on the motion to dismiss outweighs the possibility that the court will allow the opposing party to amend and strengthen its pleading.

Federal Rule 26 mandates the court, either on motion of a party or on its own, to limit the frequency or extent of discovery in certain circumstances, including when the burden or expense of producing the proposed discovery outweighs its likely benefit. Knowing how to successfully leverage motions to limit the scope of discovery is key to reigning in discovery costs.

Motions in limine can set the stage for success in employment litigation by preventing unfavorable evidence from coming before the jury. When approached thoughtfully, motions in limine can also be instrumental in helping counsel develop case themes and define the parameters of a trial. Motions in limine can also serve as an effective tool for preserving issues for appeal.

Listen as our authoritative panel of employment litigators discusses how to strategically leverage or challenge motions to dismiss, motions to limit the scope of discovery, and motions in limine. The panel will explore recurring issues that arise with each type of pretrial motion in employment litigation and offer guidance on effectively drafting and arguing for or against pretrial motions.

Outline

  1. Motions to dismiss
    1. Evaluating whether to bring motion
    2. Timing considerations
    3. Drafting motion
    4. Arguing motion
    5. Defending motion
  2. Motions to limit the scope of discovery
    1. Rule 26 framework
    2. Evaluating whether to bring motion
    3. Drafting motion
    4. Arguing motion
    5. Defending motion
  3. Motions in limine
    1. Evaluating whether to bring
    2. Timing of motion
    3. Drafting motion
    4. Arguing motion
    5. Defending motions in limine
    6. Preserving issues for appeal after unfavorable ruling on motion in limine

Benefits

The panel will review these and other key issues:

  • What considerations should employment counsel weigh in evaluating whether to file motions to dismiss, motions to limit discovery and/or motions in limine?
  • What are best practices for drafting pretrial motions and arguing for or against them to the court?
  • What types of evidence do employment attorneys generally seek to exclude via motions in limine?
  • What steps should counsel take to preserve an objection for appeal following the denial of a motion in limine?

Faculty

Richard E. Nowak, Esq.
Mayer Brown, Chicago

Mr. Nowak has extensive trial experience in state and federal courts and also represents clients in arbitrations, mediations, and governmental and internal investigations. His civil practice is focused on commercial disputes, labor and employment related issues, and defending clients in consumer class actions. Mr. Nowak has experience defending claims arising under Title VII of the Civil Rights Act, ERISA, Fair Credit Reporting Act, Fair Labor Standards Act, National Labor Relations Act, and other state and federal discrimination and consumer protection laws. He also has experience handling DOL, EEOC, NLRB, and other state and federal agency charges and complaints.

Steven J. Pearlman, Partner
Proskauer Rose, Chicago

Mr. Pearlman is Co-Head of the firm's Whistleblowing and Retaliation Group and focuses on defending complex employment litigation involving claims of discrimination, harassment and retaliation; wage and hour laws; breach of contract; and restrictive covenants. A sought-after commentator on a range of legal issues, Mr. Pearlman has presented alongside the Solicitor of the DOL, appeared on Bloomberg News, and is regularly quoted in leading publications such as The Wall Street Journal.


Live Webinar

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Customer Reviews

I appreciated the clear nature of the presentation slides, as well as the Q&A section at the end.

Edmund Morrell

Alston & Bird

The level of the content was advanced and worth my time commitment to the Webinar. The presentation was very clear with strong materials.

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Nutter McClennen & Fish

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Lockridge Grindal Nauen

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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