8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST 

9:00 – 9:05 a.m.
WELCOME & ANNOUNCEMENTS

9:05 – 9:35 a.m.
Understanding the Civil Remedies Framework – Choosing the Right Remedy Before You Plead 

• Sources of the Right to Collect 
• Measure of Recovery 
• Legal vs. Equitable Remedies 
• Overall Strategy Considerations

– Bryan K. Washburn

9:35 – 10:20 a.m.
Contract Remedies – Measuring and Limiting Recovery 

• Expectation, Reliance and Restitution
• Incidental and Consequential Damages
• Lost Profits and Lost Business Value
• Liquidated Damages vs. Unenforceable Penalties
• And More!

– Arthur G. Boylan & Ryan M. Lawrence

10:20 – 10:30 a.m.
BREAK

10:30 – 11:15 a.m.
Proving and Defending Business Tort Damages

• Fraud, Tortious Interference, and Trade Secrets
• Economic Loss and Lost Profits
• Reputational Harm
• Reasonable Certainty, Foreseeability, and Causation
• Mitigation
• Navigating Multiple Actors

– Wade S. Davis & Jeffrey W. Post

11:15 – 11:45 a.m.
A Deeper Dive into Personal and Punitive Damages 

• Reputational Damages – Defamation and Invasion of Privacy
• Emotional Distress 
• Admissibility, Discoverability and Damage Awards
• State vs. Federal Action

– Josh Jacobson

11:45 a.m. – 12:30 p.m.
LUNCH BREAK (on your own)

12:30 – 1:15 p.m.
Proving and Defending Damages in Discovery from a Plaintiff and Defense Perspective 

• Burden of Proof
• Liability vs. Damages Causation
• Developing the Record
• Lay vs. Expert Foundation & Discovery
• And More!

– Bryan K. Washburn & Joshua T. Peterson

1:15 – 2:15 p.m.
Financial Mechanics Every Litigator Needs to Understand from an Expert’s Perspective

• Prejudgment and Post-judgment Interest
• Costs and Attorney Fees
• Present Value and Discount Rate Selection
• Inflation, Growth Assumptions, Taxation and Gross-Up Issues

– Thomas J. Gorowsky & Anna E. Reding

2:15 – 2:25 p.m.
BREAK

2:25 – 3:25 p.m.
Advanced Damages Issues – Experts, Motions, Trial, and Post-Trial Preservation 

• Daubert/Rule 702 Challenges
• Attacking Unsupported Assumptions, Failure to Apportion, Flawed Methodologies and Unreliable But-For Models
• Proving Damages at Trial through Law Witnesses, Experts, Summaries, and Demonstratives
• Preserving Issues on Appeal
• And More!

– Jan M. Conlin & Kyle W. Wislocky

3:25 – 3:40 p.m.
Questions & Answers
– Jan M. Conlin & Kyle W. Wislocky

LIVE IN-PERSON
Wednesday, September 9, 2026
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAYS
Monday, October 12, 2026
Monday, October 19, 2026
Attend online
A moderator will be available to answer questions by email.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

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 5.5 standard CLE credits. The maximum number of total credits attendees may claim for this program is 5.5 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 5.5 civil trial specialist credits.