8:30 – 9:00 a.m.
REGISTRATION, CHECK-IN & CONTINENTAL
BREAKFAST
9:00 – 9:45 a.m.
How to Handle Evidence Before Trial
Analyze evidentiary aspects of pre-trial motion practice and
discovery, particularly dispositive and non-dispositive motions. Examine
the dos and don’ts of motions in limine.
– David F. Herr
9:45 – 10:30 a.m.
How to Investigate and Gather Evidence
Learn tips and strategies for effectively gathering evidence that is
relevant to your case and persuasive to the court and jury. Examine
ethical considerations in the investigative stages of your case, and
discover the pros and cons of working with a paid investigator or
investigative service.
– Charles T. Hvass, Jr.
10:30 – 10:45 a.m.
BREAK
10:45 – 11:15 a.m.
Spoliation of Evidence
What duty does a party have to preserve evidence and potential
evidence? What happens if evidence is lost, misplaced or destroyed?
Discover the common causes of spoliation, and how can you avoid them.
Discussion and analysis of evidentiary treatment as well as sanctions
and tort issues. Includes discussion of fabricated evidence.
– Dawn C. Van Tassel
11:15 – 11:40 a.m.
Document Preservation Requirements and
“Litigation Holds”
– Karen D. Olson
11:40 – 12:15 p.m.
Developments in The Law of Privilege
A discussion of several important developments in the law of
privilege and how privilege can be lost. Also includes peer review,
waiver, inadvertent production, and the unique privilege issues faced by
corporate counsel.
– Edward T. Wahl
12:15 – 1:00 p.m.
LUNCH (on your own)
1:00 – 1:30 p.m.
Using Discovery at Trial: Depositions,
Interrogatories and More
Overview of Zubulake v. UBS Warburg rules; forming an
effective response; identifying and preserving evidence; abiding by the
duties of the hold; how to write a clear preservation letter; etc.
– Professor Peter Knapp
1:30 – 2:00 p.m.
Collecting and Handling Electronic
Evidence – the Essentials
The basics of collecting and handling electronic evidence. How can
you get access to the documents you need without wasting resources or
getting flooded with useless information? Once you find it, how can you
get your electronic evidence admitted? Includes a discussion of when,
and how, you should retain electronic discovery experts.
– George Socha
2:00 – 2:45 p.m.
What You Need to Know About Scientific
Experts
When is expert evidence admissible under Daubert and Frey
and its progeny. When, and how, to hire scientific experts. Also learn
how to keep the other side’s experts off the stand or their opinions out
of evidence.
– Barbara D’Aquila
2:45 – 3:00 p.m.
BREAK
3:00 – 3:45 p.m.
Presenting Evidence in a Multimedia
World: Simple Solutions Anyone Can Use
Learn how to make a big impression in court with multimedia
presentations powered by simple, affordable technology. Includes
overhead projectors, PowerPoint and Trial Director and much more.
– Becky R. Thorson
3:45 – 4:15 p.m.
Evidence: A View from the Bench
Learn how to avoid some of the common pitfalls practitioners face
dealing with “basic” evidentiary matters, including documentary
evidence, business records, “original” vs. “copy” and other
fundamentals.
– Honorable Daniel H. Mabley
4:15 – 4:45 p.m.
Evidence on Appeal: Presenting
Evidence Issues and Dealing With Them on Appeal
How to anticipate appellate evidentiary issues. How to preserve your
record, and evidentiary objections, for appeal. How to persuade the
appellate court in favor of your position on evidentiary mistakes, in
the face of a cold trial transcript.
– Eric J. Magnuson
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