Jury Selection in Employment Litigation: Preparing for Voir Dire, Identifying Bias, Leveraging Strikes

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


Conducted on Wednesday, July 19, 2017
Recorded event now available


This CLE webinar will provide employment litigators with strategic techniques for effective jury selection. The panel will offer tips for using social media and questionnaires, weeding out jurors, dealing with tainted panels, and avoiding common mistakes during voir dire.

Description

Strategic jury selection is a key element in the outcome of trials on employment claims. Prospective jurors in employment cases usually have strong values and preconceived ideas based on their own experiences regarding the employer-employee relationship. These beliefs may impact how a juror views a case.

By using tested jury selection techniques, including questions designed to elicit jurors’ attitude towards employers, employment litigators can develop insights into potential jurors and weed out those they don’t want on the jury at trial.

Listen as our authoritative panel discusses key techniques in preparing for voir dire, eliciting potential biases among prospective jurors, and selecting a jury that will be most open to support your clients’ position.

Outline

  1. Use of themes in jury selection
  2. Effective questioning to determine biases and identify who to strike
  3. Use of juror questionnaires
  4. Dealing with a tainted jury panel
  5. Pros and cons of using of social media in jury selection

Benefits

The panel will review these and other key issues:

  • What techniques can employment litigators use to increase the relatability of an employer by potential jurors during jury selection?
  • What types of open-ended questions elicit biases of potential jurors?
  • How can employment litigators precondition jurors to key themes in their case during voir dire?

Faculty

Gayla C. Crain, Of Counsel
Gray Reed & McGraw, Dallas

Ms. Crain represents clients in all areas of labor and employment law. She counsels and represents public employers and private companies in a diverse range of industries. Her extensive experience before federal and state courts, administrative agencies, and arbitration tribunals includes complex employment and business litigation disputes.

Jonathan E. Clark, Esq.
Polsinelli, Dallas

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.

Emily McDonald, Ph.D., Litigation Consultant
Bloom Strategic Consulting, Dallas

Dr. McDonald uses social science to identify the factors that effect and influence juror decision-making in the courtroom. She has critically analyzed data produced in over 100 mock jury studies conducted nationwide and translates the findings revealed in each jury study to offer insight and understanding to counsel about the way trial jurors will likely view the case. Dr. McDonald provides strategic implications and recommendations to refine and effectively communicate case strategy and key case concepts.


Recordings

CLE On-Demand - Streaming Video

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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Recorded Event

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Program Materials

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Program Materials

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CLE Credits

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Cathleen Scott & Associates

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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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