Employment Litigation: Summary Judgment Motion Strategies

Leveraging Discovery Tools, Statement of Facts, and Timing in Discrimination, Harassment, and Retaliation Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, January 21, 2015

Recorded event now available

Program Materials

This CLE webinar will provide employment counsel with techniques for pursuing or defending summary judgment motions. Our panel of experienced employment litigators will outline their perspectives and approaches to refine and improve summary judgment motion practice.


Summary judgment is one of the most critical stages in employment litigation. An employer’s successful summary judgment motion can save millions in litigation costs. For plaintiffs’ counsel, defeating a summary judgment motion is equally important.

To effectively advocate for clients, employment counsel must be well versed in summary judgment practice and strategically plan to bring or defend against motions from the very outset of the case. Boilerplates and templates are far from adequate for summary judgment motions of any kind, but particularly with the nuanced challenges presented by employment claims.

Listen as our authoritative panel reviews the federal procedural rules and substantive techniques for summary judgment motions. The panel will provide attendees with litigation strategies on timing and the use of discovery, offer tools to use the statement of facts to the employer’s advantage, and outline approaches to save employer clients a great deal in employee claims defense and litigation costs.



  1. Procedural framework
    1. FRCP 56
  2. Substantive framework
    1. Employment discrimination, harassment and retaliation
      1. Direct vs. circumstantial evidence approach
    2. Affirmative defenses
  3. Practice techniques
    1. Discovery
    2. Timing
    3. Form of motion
    4. Statement of facts


The panel will review these and other key issues:

  • What are the key strategies for planning for a motion for summary judgment in employment litigation?
  • What are the core procedural requirements?
  • What are the substantive considerations in planning the motion?
  • How does discovery affect the outcome of a motion for summary judgment?


Jill Barbarino
Jill Barbarino

Epstein Becker and Green

Ms. Barbarino represents clients in employment-related litigation on a broad array of matters, including claims of...  |  Read More

Jeff Sand, Esq.
Jeff Sand, Esq.

The Weiner Law Firm

Mr. Sand’s employment law experience includes litigating and counseling clients in matters involving claims of...  |  Read More

Johanna T. Wise
Johanna T. Wise

Seyfarth Shaw

Ms. Wise represents and counsels employers in all aspects of labor and employment law with an emphasis on instituting...  |  Read More

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