This CLE course will discuss how counsel can objectively satisfy the Fed. R. Civ. P. 26(g) duty to make reasonable inquiry into the client's discovery responses and thereby certify that the client has met its discovery obligations. The program will review what being "actively involved in discovery"... Read More

This CLE course will discuss significant exceptions to third-party attorney-client privilege waivers, including the Kovel doctrine for third-party consultants, the common interest doctrine, and the functional equivalent doctrine. The program will address the scope and applicability of these exceptio... Read More

This CLE webinar will discuss the role of corporate representatives at trial and strategies for counsel either representing or opposing the company. The panel will discuss selecting "appearance" only representatives and those who have also been deposed under Federal Rule 30(b)(6). The panel will rev... Read More

This CLE course will discuss how force majeure, impracticability and impossibility, and comparable "change of law" clauses have continued to be formidable defenses and points of leverage in breach of contract cases and also the bases of affirmative relief to recover prior payments. The program will... Read More

This CLE webinar will guide seasoned trial attorneys on the most effective use of requests for admission (RFAs) and the best response strategies. The panel will cover the underappreciated value of RFAs, their purposes, the proper scope of RFAs, how to respond and object adequately, and strategies to... Read More

This CLE webinar will discuss sufficiently proving damages and damages strategies in breach of contract cases, offering best approaches for each phase of a dispute from discovery through closing argument and verdict forms. The panel will identify the types of available damages and their components,... Read More

This CLE course will identify and review solutions to the recurring and seemingly universal flouting of the Federal Rules of Civil Procedure and their state counterparts concerning written and oral discovery. Read More

This CLE webinar will guide outside litigation counsel through the practicalities and applicable ethical rules for avoiding disqualification when they are asked to represent the client as well as the client's members, officers, directors, or employees in the same matter or in depositions. The paneli... Read More

This CLE webinar will show litigators how financial experts quantify lost profits so that trial counsel can understand the framework, bases, and aspects of a lost profits damages calculation, and then use those figures and calculations to prove or defend against a lost profits damages claim. The pan... Read More

This CLE course will discuss the best removal and remand strategies for getting a case into or keeping a case in a preferred forum or moving it out of an opponent's choice of forum. The program will cover the forum defendant rule, snap removal, 28 U.S.C. 1147(e), 28 U.S.C. 1446, federal officer remo... Read More

This CLE webinar will discuss the boundaries of the litigation privilege and attorney immunity as defenses to retaliatory civil actions and ethical complaints filed against attorneys and party opponents. The panel will also survey evidentiary and procedural issues that arise in these cases. As part... Read More

This CLE course will guide litigators on the use of joint defense agreements in civil litigation. The panel will discuss the tactical benefits of joint defense agreements and their potential pitfalls and offer best practices for crafting an agreement that protects the interests of both counsel and c... Read More

This CLE webinar will guide experienced counsel through advanced strategies and tactics for successfully avoiding, achieving, or resisting summary judgment in a contract dispute. The panel will discuss the rules of contract interpretation and real versus imagined ambiguity, when other evidence and p... Read More

This CLE course will address a litigant's pursuit of discovery regarding an adversary's efforts to search for, locate, preserve, and collect relevant ESI (aka discovery on discovery), including: (1) the interplay between cooperation and transparency in discovery, (2) recent judicial decisions addres... Read More

This CLE will discuss best strategies for managing the risks associated with employees' use of personal devices for business purposes, including governance and control considerations, litigation strategies, and identifying, collecting, and producing ESI on employee-owned devices while protecting and... Read More

This CLE webinar will discuss defending clients interacting with and being investigated by state Attorneys General and other federal enforcement bodies, such as the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC). The panel will address preserving and protecting con... Read More

This CLE webinar will discuss how to get a court's attention in a discovery dispute and prove (or disprove) annoyance, embarrassment, and undue burden for Federal Rule of Civil Procedure 26(c) and corresponding state court rules. The panel will discuss the evidence needed beyond boilerplate recitals... Read More

This CLE course will examine proving and defending tortious interference with contract, tortious interference with business relations, and tortious interference with economic advantage. These claims arise when a person intentionally disrupts a formal agreement between two parties or when a third par... Read More

This CLE course will equip litigators to assert or overcome privileges beyond the attorney-client privilege and the work product doctrine by understanding overlooked exceptions and limitations to discovery and testimonial privileges and immunities. The program will discuss the often-overlooked fiduc... Read More

This CLE webinar will seek to comprehensively address the issue of "mixed" or "dual-purpose" communications between clients and counsel. The CLE panel will survey the states' different approaches to the issue, discuss key federal court decisions on the topic, and apply these state and federal law pr... Read More

This CLE course will review best strategies for changing how lawyers should argue their cases after recent U.S. Supreme Court and U.S. Circuit Court decisions applying or modifying the doctrine of stare decisis. The panel will discuss new ways of analyzing, applying, and refining precedent, how U.S.... Read More

This CLE webinar will discuss strategies for countering and excluding circumstantial evidence and related inferences to pave the way for summary judgment or possibly a directed verdict. The program will review distinguishing proper inferences from speculation, the problem of inferences from inferenc... Read More

This CLE course will guide litigators through effective techniques to prevent, end, and even leverage counterfeit objections having no basis in the rules of evidence, including infamous speaking objections. Read More

This CLE course will prepare trial attorneys to defend the depositions of corporate representatives during litigation. The panel will discuss how to respond to a Rule 30(b)(6) deposition notice and select and prepare witnesses for the deposition. The panel will also review the "meet and confer" requ... Read More

This CLE course will cover advanced deposition techniques in litigation. The panel will discuss strategies for getting the most out of depositions, including exhaustion, boxing-in, and summarization techniques for ordinary, hostile, or evasive witnesses. Read More

This CLE course will guide commercial litigators and arbitration practitioners through the significant changes to arbitration law from several 2022 U.S. Supreme Court decisions. The panel will explore issues resolved, and challenges and opportunities revealed. Read More

This CLE course will enlighten in-house counsel and their trial lawyers on issues that can potentially damage the corporation when in-house counsel is noticed or subpoenaed for a deposition. The panel will explore motions to quash or limit such examinations, permissible lines of inquiry during these... Read More

This CLE webinar will guide litigators in managing high-stakes clashes between U.S. discovery obligations and foreign privacy protection laws, primarily the EU's General Data Protection Regulation (GDPR). The panel will discuss the growing importance of foreign privacy laws in U.S. litigation, curre... Read More

This CLE course will guide counsel through the processes and mechanics of actually obtaining mobile phone data from mobile phone carriers when one does not have access to the individual device or when it is impractical to forensically analyze each relevant person's phone or device. The program will... Read More

This CLE course will explore the challenges in responding to document requests--particularly broad requests--under FRCP 26 and 34 and propose solutions to several perennial discovery problems, including overbroad requests, privilege, and novel ways to restrict responses. The panel will also raise qu... Read More

This CLE course will explore the significant changes in post-arbitration proceedings after the U.S. Supreme Court's rejection in Badgerow of "look through" federal jurisdiction. The program will address how the nature of post-arbitration review has been altered and what moving a substantial number o... Read More

This CLE webinar will guide counsel through better strategies and practices for thoroughly reviewing an opposing expert's report efficiently but carefully. The panel will discuss why most counsel fail to get as much leverage as possible by failing to follow the best procedures. The panel will explai... Read More

This CLE course will provide appellate counsel with techniques for persuading appellate judges during oral argument, with attention on remote and video arguments. Our panel of appellate specialists will discuss the key goals of oral argument and how to prepare for and present the argument, as well a... Read More

This CLE course will analyze Rule 68 offers of judgment and how they may induce settlement. The program will discuss the mechanics of the rule, strategic considerations defendants must consider in light of the consequences of making the offer, and factors for plaintiffs to contemplate in considering... Read More

This CLE course will discuss the use of deposition testimony at trial under FRCP 32 and comparable state evidence rules. The program will cover using deposition testimony for impeachment, refreshing recollection, offer of proof, admission of a party opponent, and unavailable witness. The program wil... Read More

This CLE course posits that the primary goals in a deposition of an opponent's key witness are the same as effective cross-examination at trial--to frame questions that will either elicit admissions or set up effective impeachment. The program will present a five-step approach for achieving these ob... Read More

This CLE course will explain how trial attorneys in high stakes litigation can navigate such things as client or witness illegal activity related or unrelated to the case, suspected witness or client perjury, changing stories, and suspicious activities, but still ethically represent the client. A fo... Read More

This CLE course will equip litigators to obtain from adverse experts the testimony and admissions needed for impeachment, to support disqualification or exclusion of testimony, and to acquire information that increases leverage in settlement negotiations. Our authoritative panel will provide techniq... Read More

This CLE course will provide attendees with practical guidance and innovative ways to reduce the burdens of producing defensible privilege logs under Fed. R. Civ. P. 26(b)(5)(A), while still adequately protecting privileged communications and work product. The panel will (1) discuss leveraging Feder... Read More

This CLE course will guide litigators on obtaining and using cell phone evidence at trial, from issuing discovery requests to overcoming admissibility issues. Our panel will also discuss the function of expert witnesses in providing evidence on cell phone location, GPS, text messaging, and other com... Read More

This CLE webinar will examine whether the 2020 amendments to Federal Rule of Civil Procedure 30(b)(6) have produced the hoped for improvements in getting better prepared witnesses giving useful testimony with fewer discovery disputes. The panel will review the language of the prior and current rules... Read More

This CLE course will address a litigant's pursuit of discovery regarding an adversary's efforts to search for, locate, preserve and collect relevant ESI (a/k/a "discovery on discovery") including: (1) the interplay between cooperation and transparency in discovery; (2) recent judicial decisions addr... Read More

This CLE webinar will guide appellate lawyers to refine authority's compelling and persuasive deployment in briefs and oral arguments and review why authority should be handled differently in these separate settings. The panel will discuss resisting the "more is better" trap, recognizing when the de... Read More

This CLE course will explore how to avoid producing through discovery an incident-response report prepared for litigation and how commercial litigators can consult with experts in preparation for litigation while safeguarding the work product and attorney-client privilege. The panel will discuss the... Read More

This CLE course will provide litigators with a general review of business-related fiduciary duty claims, how the context of a closely held business may change how those claims are pursued and defended, and steps that will increase the chance of winning at or before trial. Read More

This CLE course will provide trial lawyers with critical guidance on using third-party subpoenas to obtain testimony and evidence under FRCP 45. The panel will also discuss best practices for objecting to, limiting the scope of, and quashing subpoenas. Read More

This CLE course will offer commercial litigators the tools needed to exercise the exclusive remedy available for obtaining and monetizing liens against the judgment debtor's partner or member interests in partnerships and limited liability companies--charging orders. The program will discuss how the... Read More

This CLE course will sharpen commercial litigators' knowledge, authority, and persuasiveness when pressing clients' position on the meaning and applicability of "merger" clauses in contracts. The program will discuss courts' increasing reluctance to enforce merger clauses, review the different ways... Read More

This CLE course will guide counsel through the unique challenges when someone seeks to depose a high-ranking executive, such as Chairman of the Board, CEO, President, etc. The panelist will discuss the best strategies for preventing abuse of such depositions in federal and state courts and those nee... Read More

This CLE course will guide counsel on correctly using and applying Federal Rule of Evidence 1006 (and state counterparts) to admit summaries, charts, or calculations and prove the content of documents that are too "voluminous" to be conveniently viewed in court. The program will highlight some unusu... Read More

This CLE course will provide attendees with practical guidance on preparing and producing below-budget privilege logs that will not draw valid objections. The panelists will discuss the key components of a log, negotiating less onerous logging requirements, metadata, categorical logs, identifying fl... Read More

This CLE course will guide counsel through the three stages of any deposition that will expose intentionally false and deliberately misleading testimony. The program will explore how to develop a thorough line of attack to expose lies and half-truths. Read More

This CLE course will guide litigators on the unique challenges of discovery and litigation involving or concerning trade secrets. The panel will begin with some practical tips on how to investigate and verify suspected misappropriation of trade secrets, then review the necessary level of detail for... Read More

This CLE course will guide litigators on combating the trial strategy commonly known as the "reptile theory." The panel will educate counsel about identifying and responding to "reptile" tactics at every stage of a matter, from discovery through closing argument. Read More

This CLE course will review the advantages and challenges of using non-retained experts in complex litigation. The panel will discuss how to identify non-retained experts, when some or all of the disclosure and reporting requirements of Federal Rule of Civil Procedure 26 apply, how to prevent waiver... Read More

This CLE course will review how to be effective on direct examination so that the factfinder hears an interesting, articulate, and credible witness. The program will explore why direct examination is so difficult, how to work with the witnesses one has, the limits of what opposing counsel can ask ab... Read More

This CLE course will guide litigators on obtaining and using cell phone evidence at trial, from issuing discovery requests to overcoming admissibility issues. Our panel will also discuss the function of expert witnesses in providing evidence on cell phone location, GPS, text messaging, and other com... Read More

This CLE course will discuss the immense importance of how publicity and media attention can influence litigation and public opinion and how attorneys acting as counsel or as commentators in these cases can maximize the advantages while avoiding jeopardizing their standing and reputations while adva... Read More

This CLE course will guide litigators in using Federal Rules of Evidence 902(13) and (14) to have records derived from electronic sources admitted into evidence. The panel will discuss the scope of the rules, state analogs, and avoiding unexpected stumbling blocks when obtaining the necessary certif... Read More

This CLE course will discuss why practitioners must revise and update outdated litigation hold notices, policies, and implementation procedures, as well as best practices for doing so. The program will offer suggested language for notices and recommendations for preserving, collecting, reviewing, an... Read More

This CLE course will explore the procedural and substantive motions that can be filed with a U.S. Circuit Court to initiate an appeal and once the appeal is pending. The panel will discuss how strategic use of motions --or successful opposition to them--can influence the course of the appeal. The pr... Read More

This CLE course will discuss how to give the jury reasons not to award punitive damages even if it ultimately decides the client caused the alleged harm and should compensate the plaintiff. The panel will discuss important pre-trial considerations, legal protections available to the defendant, and c... Read More

This CLE course will provide counsel with guidelines for dealing with three recurring "mistakes" or missteps that occur during discovery and production of documents, review the surprising nuances and limits of computing and extending time under Federal Rule 6, and point out strategies for proving ex... Read More

This CLE course will offer counsel new appreciation of the power and versatility of motions in limine to alter the course of litigation. The panel will guide counsel in how to use them proficiently and proactively to not only obtain rulings on critical pieces of evidence but also to educate the cour... Read More

This CLE course will examine the evidentiary and discovery issues arising from the pervasive use of video conference platforms. Counsel must understand what data is being created, the cost of storing it, how that data should be managed, retention policies, and potential legal obligations. Read More

This CLE course will provide guidance for counsel in drafting and responding to private data and social media discovery requests. The webinar will also discuss strategies to leverage social media evidence at trial or in settlement negotiations. Read More

This CLE course will provide an overview of ADA Title III requirements and then focus on some of the hottest areas of litigation right now against online and brick and mortar businesses, including lawsuits about websites/mobile apps, physical facilities, COVID-19 policies, and landlord tenant issues... Read More

This CLE course will show litigators new strategies and techniques to prepare witnesses to testify with credibility and power, even when the facts aren't ideal and the cross-examination is fierce. Read More

This CLE course will guide counsel in confronting false statements in errata sheets and sham affidavits in which the deponent rewrites, retracts, and reverses material and substantive portions of prior sworn testimony. The webinar will also consider the conflicting ethical duties that arise when cli... Read More

This CLE course will discuss how to locate and seize offshore assets with which to satisfy a US obligation or judgment. The panel will also address tools to prevent the removal of assets to other countries. Read More

This CLE course will cover the strategies and best practices for obtaining or opposing accelerated pre-trial relief and how to enforce a preliminary injunction or temporary restraining order (TRO). Injunctions are powerful tools to stop wrongdoing and preserve the dissipation of assets. But even the... Read More

This CLE course will take practitioners beyond the fundamentals of using depositions for impeachment and discuss when depositions from prior litigation may be introduced as substantive evidence. The webinar also will cover when to anticipate using a deposition in subsequent cases and how to lay a pr... Read More

This CLE course will discuss the trend in some jurisdictions to admit statements of outside counsel as admissions against their clients under Federal Rule of Evidence 801(d)(2). Read More

This CLE course will alert trial lawyers to the new opportunities and challenges presented by the Dec. 1, 2019, amendment to Federal Rule of Evidence 807 regarding the residual exception to the hearsay rule. The amendment relaxes some of the barriers to the admission of hearsay, and counsel must be... Read More

This CLE course will prepare trial lawyers to wield or resist the powerful weapon that is the voluntary payment doctrine (VPD). The VPD broadly prohibits parties from recouping payments they made to others, even if it exceeded the amount due the recipient or was made by mistake. Read More

This CLE course will equip the multinational litigator to use process in the U.S. to obtain discovery for proceedings underway in foreign countries. 28 U.S.C. 1782, as interpreted by the Supreme Court in Intel Corp. v. Advanced Micro Devices Inc., provides an oft-overlooked but highly powerful tool... Read More

This CLE course will focus on the critical importance of preparing the fact, expert, and Rule 30(b)(6) witness for deposition given the current restrictions on what defending counsel can do at the deposition to protect the witness. Read More

This CLE course will provide commercial litigators with the tools to help clients enforce and collect judgments. The panel will outline best practices for obtaining and preserving judgments, conducting post-litigation discovery to locate assets, and executing and satisfying judgments, and will discu... Read More

This CLE course will educate counsel as to the nuances of Federal Rule of Evidence 701, which attempts to define the parameters of admissible opinion evidence from lay witnesses. Trial lawyers who understand Rule 701 can use this powerful tool to expand the testimony of their own witnesses and restr... Read More

This CLE course will provide litigators with critical tools for preparing voir dire and opening statements. Trial lawyers have the opportunity to influence potential jurors through creative and effective voir dire. Opening statements then allow the attorney to set the stage for the rest of the trial... Read More

This CLE course will provide trial lawyers with detailed guidance on a valuable but underutilized tool to expand the scope of liability in a civil action: pleading and proving the existence of a conspiracy. This webinar will address, among other things, the many misconceptions about this powerful le... Read More

This CLE course will address the panoply of complex issues arising out of a change of counsel during pending litigation. Changes can be client caused (i.e., firing counsel) or counsel caused (i.e., withdrawal). Regardless of the cause, both old and new counsel have obligations to the client and to t... Read More

This CLE course will educate counsel as to the steps necessary to make an arbitration award something more than a piece of paper. Arbitrators lack the power to enforce their awards, therefore it is imperative that the victor know the necessary steps to follow to collect the spoils. These steps inclu... Read More

This CLE will discuss advanced substantive and procedural strategies for filing successful interlocutory appeals in federal courts. Read More

This CLE course will provide trial attorneys with the knowledge of how to succeed in asserting affirmative defenses under the tighter pleading standards that have developed under Twombly, Iqbal, and their lower and state court progeny. Failure to know when and how to plead these defenses can be fata... Read More

This CLE course will emphasize the necessity of understanding technology issues, discuss recent developments in this area of law, and provide a basic outline of the law. If you are wondering whether you know enough about technology, e-discovery, and spoliation, then you probably do not. Many states... Read More

This CLE course will guide trial lawyers through the dangerous area of deposition misconduct. Whether dealing with an evasive witness or an obstreperous lawyer, courts are not shying away from issuing costly sanctions orders. Deposing counsel must know what tools are available to keep defending coun... Read More

This CLE course will equip counsel with the tools necessary to control outside counsel discovery costs and maximize return on the capital expended. Rather than accepting the explanation that discovery costs neither be predicted or controlled, counsel should require litigators to state specific objec... Read More

This CLE course will guide litigators on how to use big data leading up to, and during, litigation. The panel will explore how data is being used to govern decisions as trial approaches, including settlement conditions, surveying potential jury member demographics, and use of psychographics for desi... Read More

This CLE course will provide guidance to litigators on properly estimating business costs in order to analyze lost profits damages. This panel will discuss important concepts of cost behavior analysis and avoided costs so that attorneys can identify arguments for or against certain damages during li... Read More

This CLE course will provide litigation counsel with an analysis of the doctrine of proportionality in e-discovery, its relevant metrics, and best practices for convincing a court to enforce proportionality. Read More

This CLE course will offer suggestions to litigators to help them comply with the new GDPR during e-discovery. Now that the GDPR is in full effect, litigators in the United States must take steps consistent with the GDPR and recognize that possible significant penalties exist for failure to comply w... Read More

This CLE course will discuss litigating indemnification and reps and warranty provisions in commercial contracts. The program will provide counsel with strategies for enforcing or attacking claims arising from contractual disputes involving these provisions. Read More

This CLE course will provide investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, guidance on sending spoliation warning letters for social media posts, and a roadmap for subpoenas of social media evi... Read More

This CLE course will discuss litigation tactics for defending False Claims Act (FCA) cases, including individual liability and the impact of the Yates Memo on FCA liability and reverse false claims. The program will look at recent trends in FCA litigation and recent case law developments. Read More

This CLE course will discuss what litigators need to know about removal of a case to federal court or remand of a case to state court. The program will discuss advantages of removal, procedural requirements, effect on other pleadings, litigation strategy, motion practice, and remand back to state co... Read More

This CLE course will provide commercial litigators with an analysis of legal theories that allow creditors to recover assets from affiliates and subsidiaries of corporate debtors and other transferees, namely piercing corporate veil, alter ego liability, successor liability and fraudulent transfers.... Read More

This CLE course will review the scope of the Federal Rules of Evidence hearsay rules and the most common and complex exceptions. The panel will outline best practices for either getting evidence admitted or making sustainable objections. The panel will also discuss the applicability of hearsay rules... Read More

This CLE course will provide trial counsel with best practices for getting evidence admitted at trial, authenticating the evidence, proving its relevancy, establishing foundation and overcoming hearsay objections. Read More

This CLE course will provide trial counsel with best practices for getting social media evidence admitted at trial, authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations that counsel must weigh when using social me... Read More

This CLE course will prepare business litigators to depose corporate representatives in accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure. The webinar will discuss best practices for meeting the 30(b)(6) notice requirements, effectively questioning the corporate representative, d... Read More

This CLE course will provide guidance for litigators and trial counsel on planning, negotiating and implementing alternative fee structures. The panel will analyze the risks and opportunities in various alternative fee arrangements and discuss how to avoid potential traps. Read More

This CLE course will provide trial counsel with strategies for effectively using technology in the courtroom. The panel will discuss how to create digital presentations that will capture and hold a jury's attention, integrate technology into examinations and arguments, and leverage data from wearabl... Read More

This CLE course will provide guidance for litigators to leverage metadata as evidence in litigation while preventing inadvertent exposure of the attorney's or client's metadata. The panel will discuss best practices for managing complex metadata during litigation to provide substantive evidence and... Read More

This CLE course will explore the thorny privilege issues that arise when companies self-investigate accidents or incidents involving their products or services. The panel will review recent court rulings on attorney-client privilege, self-critical analysis privilege, paralegal investigations and the... Read More