REMEDIES & DAMAGES IN COMMERCIAL LITIGATION
Live Simulcast Seminar
ITEM #:  2137562201   |   EVENT CODE:  386873    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$195.00
STANDARD PRICE
$245.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

ONLINE

Friday, July 30, 2021

8:55 AM - 4:00 PM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.

Remedies and Damages in Commercial Litigation

A Seminar for Transactional Attorneys and Litigators Featuring Insights and Practical Tips from Experts

Topics covered include:

  • Contract Damages
  • Tort and Statutory Damages
  • Methodologies and Challenges in Calculating and Proving Damages
  • Damages at Mediation
  • Recovery of Attorneys’ Fees
  • Damages on Appeal
  • And More!

8:25 – 8:55 a.m.
JOIN ONLINE


8:55 – 9:00 a.m.
WELCOME & INTRODUCTION


9:00 – 9:15 a.m.
Overview of Damages and Other Remedies in Litigation
In this overview, Nathan Ebnet will discuss the general damages and remedies available during litigation and will provide a foundation for the topics to be discussed for this program.
– Nathan J. Ebnet


9:15 – 10:00 a.m.
Contract Damages and Other Remedies
A review of contract damages and other remedies; including compensatory damages, consequential damages, liquidated damages, specific performance, rescission, reformation, declaratory judgments, and more. Learn when these apply, strategies for obtaining them and how to defend against them.
– Mike Stinson


10:00 – 10:05 a.m.
BREAK


10:05 – 10:50 a.m.
Presenting or Negotiating Damages and Other Remedy Issues at Mediation
Learn from an experienced arbitrator, mediator, and retired Ramsey County District Judge on how to properly present and negotiate for damages and other remedies in an alternative dispute resolution setting. Understand what evidence you need to present, the most effective way to present evidence, and how to make a persuasive argument for your claim.
– Kathleen R. Gearin


10:50 – 10:55 a.m.
BREAK


10:55 – 11:40 a.m.
Methodologies and Challenges in Calculating and Proving Damages
A financial expert and an experienced litigator discuss the methodologies and challenges in calculating and proving damages in commercial litigation including claims for lost profits.
– Deborah A. Ellingboe & Frances M. McCloskey


11:40 – 11:45 a.m.
BREAK


11:45 a.m. – 12:30 p.m.
Business Tort Damages and Other Remedies
A review of key business tort damages and statutory remedies including lost profits, punitive damages, injunctive relief, and others. This panel will also address new legal developments, risk assessment, and proving and defending damages in motion practice and trial.
– Wade S. Davis & Jeffrey W. Post


12:30 – 1:00 p.m.
LUNCH BREAK


1:00 – 1:30 p.m.
Recovery of Attorneys’ Fees
When are attorneys’ fees recoverable? How do courts determine the reasonableness of fees? What evidence is required? Who decides attorney fee cases – judges or juries? This session will discuss key Minnesota case law on this issue, key negotiating tips and strategies, and helpful practice pointers to recover attorneys’ fees either as an element of damages or via sanctions.
– Aram V. Desteian


1:30 – 1:35 p.m.
BREAK


1:35 – 2:20 p.m.
Reviewing Damages and Fee Awards on Appeal – Standards and Considerations
This session will provide an overview on the most effective ways to present or defend against damages and fee awards on appeal. Learn practical tips and strategies in framing persuasive arguments for your brief and for your oral argument.
– Mark R. Bradford


2:20 – 2:25 p.m.
BREAK


2:25 – 2:55 p.m.
Personal and Punitive Damages
What is the measure of damages under Minnesota law for reputational torts such as libel, defamation and invasion of privacy? When can a plaintiff recover damages for emotional distress, and what distinguishes “garden variety” emotional distress claims from more serious claims? When are punitive damages available under Minnesota law? Do Minnesota’s procedural rules governing the pleading of punitive damage claims apply in federal court?
– Josh Jacobson


2:55 – 3:00 p.m.
BREAK


3:00 – 4:00 p.m.
Roundtable Discussion – Applying Remedy and Damage Analysis to 4 Different Types of Disputes

  • Shareholder Disputes
    – Casey D. Marshall
  • Franchise Disputes
    – R. Henry Pfutzenreuter
  • Employment Claims
    – Benjamin R. Kwan
  • Class Action Damages
    – Anna P. Prakash

– Nathan J. Ebnet & Mike Stinson (moderators)

LIVE WEBCAST
Friday, July 30, 2021
Attend online

LIVE REPLAYS
There are no live replays.

$195 MSBA members / $195 paralegals / $245 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.

MEMBER PRICE
$195.00
STANDARD PRICE
$245.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

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