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

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

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Conducted on Wednesday, June 22, 2022

Recorded event now available

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Course Materials

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

Description

Strategic jury selection is a critical element in the outcome of trials on employment claims. Prospective jurors in employment litigation 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' attitudes 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 successful techniques in preparing for voir dire, eliciting potential biases among prospective jurors, and selecting a jury that will be most open to supporting your clients' position.

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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 social media in jury selection

Benefits

The panel will review these and other high priority 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 fundamental themes in their case during voir dire?

Faculty

Clark, Jonathan
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

Paetkau, Tyler
Tyler M. Paetkau

Partner
Husch Blackwell

Mr. Paetkau has represented employers in labor and employment law matters for more than 25 years. He has handled...  |  Read More

Pearlman, Steven
Steven J. Pearlman

Partner
Proskauer Rose

Mr. Pearlman is Co-Head of the firm's Whistleblowing and Retaliation Group and focuses on defending complex...  |  Read More

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