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Litigation

 

Contests for Control: Recent Developments in Shareholder Derivative Litigation(4.6.11)

An expert faculty will examine recent developments in shareholder derivative litigation, including the spike in FCPA-related cases in light of increased regulatory activity;  the duty to monitor business risk, as opposed to legal risk, in light of In re Citigroup Inc. S`holder Derivative Litig.; and the availability and proper scope of discovery.  Read more


 

Blogging, Friending, Tweeting: What Attorneys Should & Should Not Do (3.25.11)

This panel discussion will explore an issue at the forefront of the legal profession in the 21st century: how attorneys are to navigate the world of blogs and social networking sites. These internet tools, which are extremely useful ways to keep up with the latest developments in the law and the profession, and which provide for a vigorous and stimulating debate, can also be minefields for the unwitting attorney, whose conduct is governed by a host of ethics rules and regulations not applicable to other online users.

 

In recent months, attorneys have been reprimanded, fined, and otherwise sanctioned for comments they have made on blogs. On the grounds that they have breached their ethical obligations or attorney-client confidences, they have been penalized, for instance, for questioning the motives and competence of judges presiding over their cases, or for talking about cases they have worked on. The panel will explore what ethical issues an attorney should keep in mind when commenting on a blog, and how the rules of professional conduct, as well as rules pertaining to attorney advertising, might bear on what an attorney says about him or herself on such sites as Facebook or Twitter.  Read more


Commercial Lending: Trends, Enforcement Strategies & Key Court Decisions (12.10.10)

The panel will examine relevant commercial lending topics and products as well as key court decisions that impact commercial lenders.  They will also present strategies for enforcing and foreclosing upon commercial lending facilities.  Read more


Jury Selection: Strategies for Choosing a Winning Jury (2.8.11)

This program will focus not only on the basic mechanics of how to conduct an effective voir dire, but also how to use the jury selection process to begin to lay the groundwork for arguments you will want to advance in your case.  Learn the best strategies for selecting a jury from experienced litigators.  Read more


Litigation 101: Practices & Procedures Explained & Demystified (1.26.11)

This program will cover the basic “tricks of the trade” of litigation practice in New York.  One part of the program will cover state court litigation from the filing of the complaint to the note of issue. There will also be a discussion of the service and filing of motions. The panelists will highlight some of the confusing parts of the CPLR as they apply to these areas, as well as similar topics. This program is geared toward junior associates and other attorneys with an interest in essential litigation skills.  This program is a must for all new practitioners. This program’s updated content will provide CLE credit to all attendees, even if they attended in the past.  Read more


Litigation Contingency Reporting:  Where Are We with FASB and the SEC? (1.28.11)

One of the most perplexing issues facing in-house litigation counsel today involves litigation contingency reporting under FAS 5 – that is, the new ASC 450.  FASB has drafted a proposed disclosure standard that has given rise to significant controversy.  Conformity even to the present standard is under a microscope with both FASB and the SEC planning to take a careful look at upcoming 10-K litigation disclosures in evaluating compliance and the need for a new standard at all.  This one-hour program is designed to provide insight into what’s going on and what both FASB and the SEC may be looking for in upcoming 10-Ks.  Read more


 

 

Recent Developments in Civil Practice: CPLR & Evidence (2.23.10)

A panel of leading authorities will provide an update of recent developments and trends in New York State civil practice, including:

  • Highlights from 2009
  • Court of Appeals Roundup
  • New Statutes
  • Disclosure Developments
  • Motion Practice
  • Evidence and Calendar Practice

Read more


Recent Developments in Document Retention: Legal, Ethical & Practical Advice on Document Retention in the Context of Criminal, Regulatory & Civil Litigation (4.20.10)

This program with provide practical advice and ethical guidance for in-house and outside counsel who confront document retention issues in the context of criminal and regulatory investigations, as well as civil litigation. The program will discuss the proper design and implementation of document retention policies, the legal requirements that arise in the context of investigations and litigation, and penalties and other sanctions that have been imposed for document retention failures. The program will address the particular challenges that arise with respect to preservation of electronic documents. The panel will include perspectives of the private practitioner, the government official, and the in-house lawyer. Read more

 


Supreme Court: A Year in Review (7.21.10)

During the October 2009 Term, the Supreme Court ruled on some of the most significant cases concerning conflicts between individual and government interests and the range of federal governmental power, making for an exciting “year in review.” At this program, a prominent panel of former Supreme Court law clerks, federal prosecutors, constitutional scholars, litigators from two of the cases discussed and a federal district court judge will examine, review, and debate the leading Supreme Court decisions of the term and their impact on the future. The speakers represent diverse points of view and perspectives and will provide insightful discussions of the Court’s decisions.

The panel will specifically cover the Supreme Court’s colorful docket this term which included major cases involving:
•Campaign Finance Regulation (Citizens’ United v. Federal Election Commission
Gun Control (McDonald v. City of Chicago
•Financial Regulation (Free Enterprise Fund, et. al. v. Public Company

•Accounting Oversight Board & Jones v. Harris Associates, Inc.)
•Consumer Protection Law (Shady Grove Orthopedic Associates v. Allstate Insurance Co.


This timely program will include a discussion of Justice Steven’s departure, possible replacements and the future of the Court, making it of interest to all criminal or civil practitioners.  Read more

 


 

Sway The Judge & Jury: Persuasive Opening & Closing Arguments (9.29.10)

This seminar is designed to provide you with all the information you need to know to give effective opening and closing statements at trial.  Topics include:   Using themes, theories, and juror values; humanizing issues for the jury; exuding emotions; the importance of storytelling; the concept of primacy work; types of statements that are prohibited in an opening; how long the opening/closing should be and dealing with judicially imposed time restraints; using stance and body language to your advantage; integrating the law and the jury; using visuals or props; and using analogies in closings.  Read more


 

Taking & Defending Depositions: From How To…To Expert Tips (5.12.10)

Depositions provide a valuable opportunity to take discovery necessary for your case, to test potential theories of your case and to gain valuable testimony to use for summary judgment and potentially at trial. They also offer the other side the very same opportunity. This program, by bringing together leading practitioners, will examine all aspects of taking and defending depositions through the use of lecture, demonstrations, roundtable discussion and open questioning. We will discuss why we take them, what we can get out of depositions and the logistics of a deposition so that you are at comfort when you enter the room. We will discuss how to marshal your facts and formulate a strategy to craft a helpful outline to take a deposition. We will examine how to formulate questions to maximize the information you receive at a deposition and get the testimony you seek. We will also discuss how to prepare a witness to be deposed and how to defend a witness at a deposition. Finally, we will have a round table discussion of unique issues that arise at depositions, expert tips for taking and defending depositions and a chance for you to pose your questions to the panelists. Read more

 

The 'How To' of Successful Motion Practice (4.15.10)

You will never get a second chance to make a first impression. Learn from experienced litigators about when to file motions and how to win them so that you advance your case and leave a favorable impression on the court and your client. Topics will include: motions to dismiss, discovery motions (including motions to compel), motions for summary judgment, pre-trial motions including motions in liminie, and other motions necessary to preserve error on appeal. Read more

 

The “How-To” of Effective & Cost-Effective Discovery (11.22.10)

Discovery has become one of the largest litigation expenses for law firms and companies.  Learn from experienced litigators on how to effectively and cost-effectively conduct discovery.  Topics will include: discovery planning and organization, decreasing the costs of discovery, sequencing discovery, effectively drafting discovery (including Requests for Production of Documents, Interrogatories, and Requests for Admission), depositions and experts.  Read more

Using Digital Forensics & Data from Social Networking Sites to Your Clients’ Best Advantage: Legal, Business & Ethical Issuesm(9.23.10)

Technological innovations present unique challenges to legal professionals and the experts who serve them, such as digital forensic specialists. This program will provide an overview of the field of digital forensics, including a discussion of the more common ways that digital forensics can be used by legal professionals to advance the interests of their clients in internal and regulatory investigations, civil litigation, and criminal defense work. The program then will examine the legal and business issues presented by the recent explosion of social networking and media sites, like Facebook and Twitter, and the implications of the widespread popularity and use of these kinds of sites. This part of the program will focus on understanding what information is available on social networking and media sites, recognizing how that information can be of evidentiary value, and evaluating identification and preservation strategies for this type of electronic data, as well as legal and ethical considerations surrounding the preservation and collection of this kind of data.  Read more