TRIAL.COM
By The Network of Trial Law Firms, Inc.
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Podcast Description
Audio podcasts about The Network of Trial Law Firms and Litigation Management topics of use for in-house counsel. TRIAL.COM also offers online CLE on our website at no charge to in-house counsel.
| Name | Description | Released | Price | ||
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1 |
Catastrophic Loss Cases - How They Are Different | Even heavily experienced litigation managers pay particular attention to catastrophic losses. Cases that can draw attention to the company and to in-house counsel, and affect stock price, and company sales and reputation, always merit extra focus. Early detection and valuation are critical, and a team approach is often required. Recognizing who is on that team, and what their interests are will go a long way to achieving a successful result. | 11/6/10 | Free | View In iTunes |
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2 |
Guilt By Association: You Didn't Design It, Make It, or Sell It, But You Could Be Liable Anyway | Civil conspiracy claims are on the rise in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Trade association membership is fueling claims of enterprise liability, conspiracy, concert of action, collusion, fraud, deceptive trade practices and false advertising. Late-joining "conspirators", lack of intentional acts, observers vs. participants, intra-corporate civil conspiracy and the plurality requirement factor into defense strategies. Defense weapons include demands for bills of particulars, motions to dismiss, motions for summary judgment, motions in limine, interrogatories, causal nexus, and a company story separate from the industry story. | 11/6/10 | Free | View In iTunes |
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3 |
Panel: In-House Counsel on the Hot Seat | A potpourri of sticky situations facing in-house counsel and what to do about them. Lessons learned from the options backdating debacles, to former in-house counsel turned whistleblower and discovery sanctions. | 11/6/10 | Free | View In iTunes |
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4 |
Protecting Your Brand from Social Network Abuse | Social networks and other technical changes pose challenges and opportunities for in-house counsel to protect their company's brands and public image. Trial lawyer Miguel Pozo will discuss trends and best practices to protect your company in the new highly connected wired and wireless world. | 11/6/10 | Free | View In iTunes |
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5 |
In-House Counsel Avoiding E-Discovery Headaches | Before you allow e-Discovery compliance and sanctions concerns to overtake your life and derail you from defending your cases, in-house counsel could use some straightforward practice pointers to simplify e-Discovery and minimize its cost. A few easy steps now can avoid disaster later. Trial lawyer Bill Belt sets forth easy-to-implement methods to minimize your company's vulnerability, coordinate with your IT department and communicate with all levels of management to avoid spoliation, heavy sanctions, and adverse criticism. A stitch in time.... | 11/6/10 | Free | View In iTunes |
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6 |
Ethics: Effect of Corporate IT Policies on Otherwised Privileged Communications | Personal use of corporate IT resources has become commonplace and, in some instances, essential for busy employees. If the company has an IT monitoring policy, however, that policy could prevent any privilege from attaching to personal communications from company employees to third parties (attorneys, spouses) that pass through the company's server. Counsel should be aware of the effect these corporate IT policies have (or could have) on evidentiary privileges and, therefore, the scope of discoverable information in various litigation settings. | 11/5/10 | Free | View In iTunes |
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7 |
Ethics: Avoiding Traps in Internal Investigations | Do's and don'ts in performing the General Counsel's role; protecting confidentiality, work product, and common interests; use of joint defense agreements; risks of cover ups, the crime-fraud exception and obstructions of justice; the Upjohn template; disclosures in, up and out under Model Rule 1.13 and Sarbanes-Oxley; and the effective use of Audit Committees and QLCCs. | 11/5/10 | Free | View In iTunes |
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8 |
Ethics: Privilege and In-House Counsel | Increased licensing requirements specifically addressing in-house counsel are causing the attorney-client privilege and work product doctrine to come under review. Trial lawyer Jim Miller will examine the basis for the privilege and doctrine for in-house lawyers, survey challenges and suggest best practices to afford protection to attorney-client communications and work product. | 11/5/10 | Free | View In iTunes |
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9 |
Compliance: In-House Counsel's New Challenges | In-house counsel are facing unprecedented legal risks posed by increased regulation and changing legislation. Trial lawyer Scott O'Connell will provide practical tips to in-house counsel to position themselves appropriately while dealing with ethical, reputational and compliance issues. | 11/5/10 | Free | View In iTunes |
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10 |
Post Election: What In-House Counsel Need to Know and Do | Elections have consequences, and the November 2 national elections in the U.S. could impact employers in many important ways. The status quo may remain largely in place, or we could see significant changes. In-house counsel will want to be prepared to advise their corporate clients as to the changing legal and political landscape. John Entenmann will offer a to-do roadmap for employers to consider. | 11/5/10 | Free | View In iTunes |
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11 |
Panel: Changing In-House and Outside Counsel Relationships | In-house and outside counsel discuss law departments' and law firms' responses to the changing legal marketplace, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts. | 11/5/10 | Free | View In iTunes |
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12 |
A Trial Lawyer's Guide to the Universe | With a dozen or more trials to verdict every year, trial lawyer John Fitzpatrick shares some secrets to winning juries' confidence and their verdicts. Not quite Zen, but close, Fitz has some fundamental do's and don'ts that every in-house lawyer needs to know. | 11/5/10 | Free | View In iTunes |
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13 |
What's Your Story? It's Simply The Key to Winning Your Case | Trial lawyer Jeff Parsons discusses the critical importance of effective storytelling in winning the hearts and minds of a jury. Topics include the elements of an effective story, the identification and use of themes, testing your story through jury science, and strengthening your story through effective demonstrative evidence. See how effective storytelling can turn complex cases into simple disputes and hard-to-win cases into victories. | 11/5/10 | Free | View In iTunes |
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14 |
Panel: May It Please The Court - The Best And Worst Of Trial Law | Terse, Pithy, and Other Ways to Please the Court. Presentation tactics, communication skills, common errors, and best practices that litigation managers should watch for. | 4/24/10 | Free | View In iTunes |
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15 |
Panel: Trial Lawyers Facing The New Decade | What’s ahead? More of the same or none of the same? Here's how trial lawyers see the future and how they're adapting to cope with it. | 4/24/10 | Free | View In iTunes |
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16 |
Fiduciary Duties Of Officers and In-House Counsel | With reasonable risk management systems in place, courts will protect boards of directors and defer to business judgment and sound governance principles. Judicial scrutiny of Special Litigation Committees in increasing, as it is for shareholder derivative suit settlements. Get an overview of trends in fiduciary duty and corporate governance law, with a focus on important developments regarding fiduciary duties of in-house counsel. | 4/24/10 | Free | View In iTunes |
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17 |
Arbitration Risk-Benefit Analysis | Risks and benefits of arbitration in complex and high exposure cases. Discovery rights, evidentiary and expert issues, and limited options in the event of an adverse result. What in-house counsel must consider at contract time. | 4/24/10 | Free | View In iTunes |
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18 |
Managing Litigation By Using Arbitration | Magic words in arbitration clauses can spell the difference between success and failure (e.g., waiving rules of procedure and evidence; the AAA's optional rules and why they must be expressly included), dangers of waiving appeal in bet-the-company cases, unconscionability issues, and more. Guidance for in-house counsel. | 4/24/10 | Free | View In iTunes |
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19 |
Enhanced Enforcement of International Trade Laws | Company operations will be significantly disrupted by prosecutors around the world who are actively enforcing international trade laws (anti-corruption, export control, etc.) and using "sting operations" to snare violators. In-house counsel whose companies do business abroad must put in place an international trade law compliance program before an employee phones from the lock-up facing criminal and civil process. Learn how to avoid international trade law enforcement stings. | 4/23/10 | Free | View In iTunes |
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20 |
Executive Pay: Potential Litigation Pitfalls | Executive pay is in the crosshairs of plaintiff law firms and the government. The issues are as diverse as the payments - stock options, special cash payments, severance packages -- and the dollars are big. What in-house counsel can do to avoid litigation disasters. | 4/23/10 | Free | View In iTunes |
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21 |
Free Speech Or Sanctions? | Where is the boundary when an in-house lawyer or trial lawyer's comments about the judiciary move from speech protected by the First Amendment to sanctionable conduct subject to fines, bar complaints, or jail time? | 4/23/10 | Free | View In iTunes |
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22 |
Pros and Cons of MDL Consolidation | Putting all your eggs in one basket is usually not a good idea. Can it be different for all of your litigation of a given kind? Pros and cons of MDL consolidation, potential advantages and possible pitfalls. | 4/23/10 | Free | View In iTunes |
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23 |
Litigating With Medicare-Eligible Personal Injury Plaintiffs | Recent changes in the Medicare Secondary Payor Reporting Act affect reporting requirements and carry significant fines and penalties for settling defendants who improperly handle settlements with medicare-eligible personal injury plaintiffs. Educating plaintiff's counsel early in the case about the Act to reduce damages in your case. | 4/23/10 | Free | View In iTunes |
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24 |
Panel: Successfully Navigating National And Global E-Discovery Disputes | Complying with U.S. discovery requirements in domestic litigation and also in the face of limitations imposed by foreign jurisdictions can be challenging and dangerous, but it is an inescapable part of a company's litigation reality. This panel of experts will discuss processes and policies to help clients successfully navigate those treacherous waters and ensure successful outcomes in sanctionable discovery disputes. | 4/23/10 | Free | View In iTunes |
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25 |
E-Discovery' Latest Bombshell | Zubulake Revisited: Six Years Later -- Described as an ugly picture of the consequences of failure to comply with discovery obligations, explore Pension Committee, etc., the latest blockbuster decision in e-Discovery and what it means for in-house counsel and their trial lawyers. And now, Rimkus v. Cammarata, a view from outside the SDNY. | 4/23/10 | Free | View In iTunes |
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26 |
When The Feds Knock On Your Door | In-house counsel should not be caught flat-footed when the government commences a criminal investigation into a company's business. An effective response can help achieve a favorable result for the client and its officers, directors and employees, as well as for the in-house lawyer. Hear about examples from real-world corporate criminal investigations. | 4/23/10 | Free | View In iTunes |
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27 |
Dealing With Disaster - How To Make Sure The Government Doesn't Destroy Your Case | Following a catastrophic event, the feds are heading your way. They are not coming to help you. The government's agenda may be different from yours, and its findings of fact can be admissible in evidence. Suggested proactive approaches to reduce collateral damage from the investigation and lessen the likelihood of becoming a target. And, when the worst happens, how to keep the government's report away from the jury. | 4/23/10 | Free | View In iTunes |
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28 |
Panel Discussion: In-House Counsel Maintaining Privilege | U.S. in-house counsel dealing with counterparts in Europe and elsewhere, or with subsidiaries in other countries, must be mindful of the distinction between privileges in the U.S. and privileges as limited in other jurisdictions. Impact on corporate policies, board meetings, and day-to-day correspondence between the corporation's employees and its in-house legal department find the differing roles in litigation. | 11/7/09 | Free | View In iTunes |
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29 |
Arbitration Provisions To Avoid Class Actions | Talk about nipping a lawsuit in the bud. Practice pointers for in-house counsel drafting arbitration clauses in commercial contracts to avoid class action litigation. What works, what doesn't, and where. | 11/7/09 | Free | View In iTunes |
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30 |
Class Action Litigation Trends | Class actions remain at the top of many companies' high risk litigation inventories. Examine growth areas, including trends in consumer fraud class action litigation. Impact of Class Action Fairness Act, roles of in-house counsel and insurers in settlements; impact of In re Tobacco II Cases and In re Hydrogen Peroxide. | 11/7/09 | Free | View In iTunes |
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31 |
Crushin' A Concussion | There may be as many as 4 million head concussions in North America in 2009. Unlike actress Natasha Richardson;apos;s case, most head concussions are mild. However, in the courtroom no concussion is mild; no plaintiff reports a complete recovery. Here;apos;s where to look for records, what to expect of experts and what to show the jury to get a favorable assessment of damages and recovery. | 11/7/09 | Free | View In iTunes |
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32 |
How To Win Or Lose Your Case During The Opening Statement | Trial lawyer Marshall Grossman will discuss the differences between opening statements that provide a path to victory and those that foretell disaster. He is fresh off a 600 million dollar settlement during the trial of Grupo Televisa v. Univision in Los Angeles federal court. | 11/7/09 | Free | View In iTunes |
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33 |
Winning With Stories - Building Rapport In The Courtroom | Innovation and creativity are key to grabbing and keeping jurors' interest. You have to tell a story. And you have to connect with the jurors. Eye contact, thought contact. A virtual Vulcan mind-meld. And you have to know where to draw the line. Here are some examples of good stories and bloopers. | 11/7/09 | Free | View In iTunes |
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34 |
Effective Electron Case Management | Cost effective case management tools to reduce massive amounts of data in complex litigations. Culling information for a database of key exhibits and deposition testimony. Flexibility to continually build on the litigation team's collective work product and avoid duplicative costs as matters progress toward resolution. | 11/6/09 | Free | View In iTunes |
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35 |
Defending Environmental Class Actions | Environmental class actions pose unique problems for defendants and outside counsel. Regulatory, political, scientific and public relations issues can be the perfect storm of a failed defense, an unfortunate settlement or an adverse verdict and, invariably, more cases. Coming off a recent victory for their client in which they defeated class certification and obtained a complete defense verdict after a seven week jury trial, an in-house lawyer and his outside trial attorney share the keys to the successful defense of environmental class actions. | 11/6/09 | Free | View In iTunes |
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36 |
Predatory Raiding and High-End Executive Defections | Competition for top-level executive talent and their specialized knowledge and information has never been greater. Competitive zeal often crosses the line. Overzealous raiding of competitor's top-level talent poses great risk for companies trying to buy a competitive edge. Companies victimized by raids have options, even when their defecting executives are not bound by traditional non-compete agreements. The line between legitimate and unfair competition can get blurry. Hear some helpful guidance for corporate counsel on both sides of the issue. | 11/6/09 | Free | View In iTunes |
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37 |
Preparing Your Clint To Testify | Important roles for in-house counsel partnering with trial counsel to prepare company witnesses to testify. Explaining the scope of examination, dealing with credibility issues, admissions, compromising documents. Locking your client into his or her story, protecting against impeachment, finding goblins in your witness' past, and the makings of a good corporate representative. Explaining the format of the testimony, applicable privileges, the importance of objections, responding to questions, and explaining that the lawyer represents the company. Practice run-throughs, pre-dispute document management and retention, litigation holds, ethical considerations, and more. | 11/6/09 | Free | View In iTunes |
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38 |
Nuts and Bolts of International Arbitration | As global trade increases, so do disputes and arbitrations, often in foreign countries under unfamiliar rules, written and jurisdiction-specific (e.g., gap-filling). In-house counsel need to be familiar with the rules of international arbitration and how advocacy technique differs from jury or judge trials. | 11/6/09 | Free | View In iTunes |
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39 |
Panel Discussion: Changing Times for In-House Counsel Relationships and Roles | In-house and outside counsel discuss law departments' and law firms' responses to the economic downturn, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts. | 11/6/09 | Free | View In iTunes |
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40 |
Copycat Liability | Unintentional, even superficial use of copyrighted material can land your company in the grease. Ads, webpages, promotional materials, proposals and other company-generated publications are fertile ground for violations as well as declaratory, injunction, enforcement and damage actions. Everything from an Internet site to a song hook is fair game. | 11/6/09 | Free | View In iTunes |
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41 |
Protecting Your CEO | Protecting the CEO from and at depositions. Avoiding disaster by preparing the CEO for personal confrontations, challenges to his or her authority, knowledge, awareness, performance. Neutralizing below-the-belt shots by examining attorneys and taking high ground in response. Teaching the CEO not to extrapolate or pontificate. The importance of rehearsing executives who think they can wing it. | 11/6/09 | Free | View In iTunes |
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42 |
Antitrust - A New Day is Dawning | Changes in enforcement priorities at the Antitrust Division of DOJ and at the FTC promised by President Obama are upon us. Evidence includes the DOJ's joint opposition with the FTC against reverse payment settlements by pharmaceutical companies, investigation of the class action settlement allowing Google to digitize millions of books, the Clayton Act (Sec. 8) investigation of Google and Apple, and the investigation of the credit default swap market. Other cutting edge issues include the change in philosophy concerning monopoly power. | 11/6/09 | Free | View In iTunes |
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43 |
"We Are From The Government. We Are Here To Help" | The new administration in Washington brings a wave of new priorities for the Justice Department and associated exposure areas for corporate America. Unprecedented spending for the financial services bailout (TARP) and the economic stimulus package will be closely scrutinized for fraud and abuse. A tsunami of regulation and control is inevitable. Preparation can help prevent your company from being swamped when the tsunami of regulation hits us. Trial lawyer Scott O'Connell -- Leader of Nixon Peabody's Financial Recovery Initiative -- will discuss getting your company and its executives ready for the Big Kahuna. | 4/25/09 | Free | View In iTunes |
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44 |
Excluding Expert Testimony | The importance of excluding your adversary's expert testimony cannot be overstated. Veteran trial lawyer David Herr will discuss techniques for challenging expert testimony, both in the trial court and on appeal. | 4/25/09 | Free | View In iTunes |
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45 |
Panel Discussion: E-Discovery Challenges Facing In-House Counsel | A recent survey indicates that one in ten in-house counsel believes his/her company is ready for electronic discovery requests, while most note that their companies are unprepared. This panel will look at the new rules and talk about their own experiences. | 4/25/09 | Free | View In iTunes |
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46 |
U.S.S.C. Developments in Federal Preemption | Preemption is a constitutional doctrine that has been used to bar State-based liability in certain cases where the Federal government has acted. Under the Supremacy Clause, federal law trumps conflicting State statutes, regulations, and common-law claims. Altria, Riegel, and other recent decisions of the Roberts Court tell us a great deal about the vitality of the doctrine, where the fighting issues stand, and the kinds of cases that are good or poor candidates for assertion of a preemption defense. | 4/25/09 | Free | View In iTunes |
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47 |
Controlling Hindsight Bias in Jury Trials | Trial lawyer Tom Allen talks about the cognitive dysfunction known as hindsight bias and how it can be used in litigation to impeach witnesses, especially experts, and bar the admission of some types of evidence. In doing so, he will use as an example an approach he took in a serious criminal case, including photographs that the plaintiff attempted to use as evidence of notice. | 4/25/09 | Free | View In iTunes |
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48 |
New and Treacherous CPSIA Rules | The Consumer Product Safety Improvement Act. Given little binding guidance by the CPSC, businesses will lose hundreds of millions of dollars as a result of the destruction of non-compliant inventory, as well as recalls, and laboratory and attorney fees. Even businesses that have been diligent have not been able to achieve full compliance as a result of onerous deadlines. Recent CPSIA developments will be discussed with a focus on serious current business implications; how to navigate the treacherous waters of the CPSIA and protect your company from civil and criminal liability. | 4/25/09 | Free | View In iTunes |
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49 |
Panel Discussion: When an Insurance Company Goes Bust | The current economic crisis as well as other runs on insurance funds (e.g., mass tort claims) is putting substantial pressure on insurance companies, some of which may fail. A patchwork of insurance guarantee funds and State regulatory schemes control liquidations of insolvent insurers. However, they often fail to provide full protection to all policyholders and claimants. This panel will explore the rights of insured companies in the event of carrier insolvency. | 4/24/09 | Free | View In iTunes |
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50 |
Keyword Trademark Traps | The use of sophisticated keyword search tools and metadata in Internet search requests is spawning litigation over infringing use of trademarked words and phrases. In-house and outside counsel are being called upon to represent clients on both sides of those cases, as well as to protect againt being blindsided. This presentation will provide useful strategies and tactics for winning, and avoiding costly Internet trademark litigation. | 4/24/09 | Free | View In iTunes |
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51 |
Managing the Assault on TASER | The death of Robert Dziekanski at the Vancouver Airport in October 2007 has attracted and continues to attract world wide attention. This incident resulted in an unprecedented attack on the safety of TASER devices despite extensive peer reviewed human medical research showing the devices are safe. Doug Klint, Vice President and General Counsel of TASER International, Inc. and David Neave of Blakes Vancouver will discuss the manner in which the company has dealt and is dealing with the assault on TASER. | 4/24/09 | Free | View In iTunes |
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52 |
Defeating Private Whistleblower Claims | A patchwork of state laws protect public and private sector whistleblowers. Recent legislative and case law developments provide real world strategies for winning at trial by tailoring defenses to jury attitudes about whistleblowers. | 4/24/09 | Free | View In iTunes |
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53 |
Information is Power | Trial lawyer Phillip Sykes harnesses 21st-century technology to develop proprietary databases used by clients to dismiss lawsuits, leverage favorable settlements, and disqualify suspect jurors. | 4/24/09 | Free | View In iTunes |
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54 |
Panel Discussion: Mass Tort Cases Can Be Won | The untold story of how perseverance, determination, creativity and hard work can reign in out-of-control judicial anomalies. | 4/24/09 | Free | View In iTunes |
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55 |
The Web as a Weapon | Facebook, Blogs, Zillo, Zaba, Google, Cache, You Tube, MySpace -- Disgrace. Damaging information is posted on the web everyday. Trial Lawyer Jeff Hines will show us how to gather and use such information, as well as how to prevent it from being used against your client. | 4/24/09 | Free | View In iTunes |
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56 |
Has 'Cafa' Made a Good-Tasting Brew? | The Class Action Fairness Act (CAFA) went into effect more than four years ago. Has it had the desired effect? We'll look at the resulting trends in class action litigation, plaintiffs' evolving pleading strategies, and the new tactics defendants are using to successfully "de-CAFA-nate" the class action industry, with a special focus on consumer class actions. | 4/24/09 | Free | View In iTunes |
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57 |
Cost vs. Value - Beyond Budgets, Toward Trust | Unchecked and non-policy-based billing practices can impair or destroy attorney-client relationships. Pressure to produce revenue can bump up against professional conduct and excellence in client service. There may be better surrogates for value than hours billed. Increasing pressure to control costs is forcing law departments and their outside counsel to reassess business models. Jack Sharman offers concrete suggestions for in-house lawyers to maximize value while fostering relationships of trust with outside counsel producing exceptional results. | 4/24/09 | Free | View In iTunes |
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58 |
SkyRadio Interviews Warren Platt, Chair of The Network of Trial Law Firms | SkyRadio Interviews Warren Platt, Chair of The Network of Trial Law Firms. | 1/15/09 | Free | View In iTunes |
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59 |
Expert Annihilation | Cases turn on expert testimony, which often can be difficult for jurors to understand. As testimony becomes more complex, jurors fall back on their impression about an expert's credibility. Tactics to win the impression battle and persuade jurors to trust your expert rather than the adversary's. | 11/1/08 | Free | View In iTunes |
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60 |
Bell-Ringer Openers Win at Trial | Cases are won or lost in opening statements. Plaintiff attorneys put the defense in a hole by opening first. But defense lawyers with bell-ringing openings can dig out and overcome detrimental pre-judging that often occurs. Techniques to seize attention, capture control, sell a theme and deliver facts with presentations that demonstrate trustworthiness, a just cause and where fault really lies. Proven methods to bring juries in for your client time and again. | 11/1/08 | Free | View In iTunes |
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61 |
Changes in the Marketplace - What Clients Want | The legal marketplace is changing. Corporate clients expect expertise in the delivery of legal services and cost-effective partnering for predictability and excellence of results. Tools that have come of age include budgeting, reporting, and alternative billing. Who is using them and with what results? The panel will discuss what in-house counsel want and how outside counsel can provide what clients demand. | 11/1/08 | Free | View In iTunes |
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62 |
Discovery: Just How Much is Being Spent, Where and Why | In a real eye-opener, the details of corporate spending on discovery and litigation services are revealed, trends identified and projections made as to where the demand and spending in this market are going and what is the driving force. Survey results, graphs and analysis, as well as changes in the rules and demand-creating case law make this presentation timely and informative. | 11/1/08 | Free | View In iTunes |
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63 |
Winning Bad Faith Jury Trials | Big corporations and wealthy Ds&Os don’t usually engender jury sympathy but jurors can get exercised about "little" facts that can become pebbles in the trial shoe. Making bad faith claims understandable and relevant is key to winning bad faith jury trials. | 11/1/08 | Free | View In iTunes |
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64 |
Panel: Ethical Challenges Facing Corporate Counsel | One national legal commentator called the job of in-house attorney "the most ethically-challenging position in the legal profession". Fair or not, prosecutors and regulators view in-house counsel as gatekeepers and are increasingly seeking to hold corporate counsel personally accountable for corporate misconduct. In this post-Enron, Sarbanes-Oxley "zero tolerance" regulatory environment, corporate counsel who fail to pay attention to corporate compliance do so at their peril. | 10/31/08 | Free | View In iTunes |
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65 |
Juror Reactions to Attorney Courtroom Behavior | Juror interviews following verdicts show that the conduct of counsel during trial can have a significant impact on juror decisions. Juror expectations of how trial lawyers should behave in the courtroom have been influenced by TV and other media. Conduct that works and conduct to avoid. | 10/31/08 | Free | View In iTunes |
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66 |
The Future of Antitrust Law | Antitrust law is rapidly evolving here and abroad. Following a whirlwind survey of the state of antitrust law, important trends will be identified and the future of antitrust jurisprudence boldly predicted. Special attention to the newest and most dangerous antitrust risk areas. | 10/31/08 | Free | View In iTunes |
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67 |
Corporate Fraud Issues | Fraud is the domestic crime du jour. Most companies have been victims of corporate fraud, whether they are aware of it or not. Trial lawyer Steve Williger will discuss prevalent fraudulent activity, ways to identify and prevent it, and what to do once fraud is discovered. | 10/31/08 | Free | View In iTunes |
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68 |
Panel: Class Actions - Winning Up Front by Preventing Certification | Class actions present complex and high exposures for corporate defendants. Winning at the certification stage remains the most effective tactic to bring an early close to litigation. This panel will explore successful strategies for defeating class certification and reducing the sometimes bet-the-company exposure often presented by these cases. | 10/31/08 | Free | View In iTunes |
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69 |
Responding to Information System Breaches | Physical security is no longer solely sufficient to protect a company's assets and shareholder value. Data and communication security is vital to both. When a data breach takes place, reaction time and a clear understanding of liability exposures are critical. Computer intrusions and industrial espionage threaten shareholder value and corporate existence. Challenges facing attorneys when a computer breach occurs or when private information is lost. Specific case studies to explain how cyber information can be the trial lawyers' best friend or worst adversary. | 10/31/08 | Free | View In iTunes |
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70 |
Internal Investigations Done Right - The Nuts and Bolts of Who and How to Conduct Them | Companies face increasing scrutiny from regulators, prosecutors and shareholders. Headlines peal out one allegation of corporate wrongdoing after another. Investigations are demanded. Basic but critical questions regarding internal investigations - how to know when an investigation is necessary; who should conduct them; and how should they do it? Is separate counsel is necessary for employees, officers and directors? Should a written report be prepared? Protecting attorney client and other privileges. | 10/31/08 | Free | View In iTunes |
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71 |
Federal Pre-Emption's Impact on Product Liability | The U.S. Supreme Court's decision in Reidel v. Medtronic elevated federal agency approval over state liability law as to medical devices. The Court gets another chance this term in Wyeth v. Levine when a similar issue will be before it as to pharmaceuticals. Trial lawyer Lee Hollis discusses federal pre-emption law in the drug and medical device area and the impact these decisions will have on product liability litigation generally. | 10/31/08 | Free | View In iTunes |
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72 |
White Collar Prosecutions from Subprime Mortgage Problems | The FBI is investigating numerous companies in connection with the subprime mortgage crisis. The probe, focusing on accounting fraud, questionable securitization of loans, and insider trading, is the most recent illustration of the aggressive stance law enforcement is taking with the business community. Trail lawyer Wayne Gross will discuss what companies need to know to protect themselves in such an environment, including under what circumstances a company should retain outside counsel to investigate conduct, fashion remedies, and communicate findings to enforcement authorities. | 5/3/08 | Free | View In iTunes |
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73 |
Punitive Damages: Avoiding the Consequences of Juror Cynicism | Few fields in the law are more fluid. Two trends in opposite directions are at work. Juror attitudes about corporate behavior and ethics are growing more cynical, leaving them more willing than ever to impose significant punishment. At the same time, the law is evolving to give defendants more and more protections against outsized awards. Trial lawyer Chris King will discuss ways to survive the first trend and to take advantage of the second. | 5/3/08 | Free | View In iTunes |
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74 |
Panel Discussion: Innovative Litigation Management Strategies | Current and former in-house executives and outside trial counsel discuss cutting-edge strategies for litigation management in high stakes matters, including early case assessment, alternative fee agreements, e-discovery tips/new obligations, and avoiding class action land mines. | 5/3/08 | Free | View In iTunes |
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75 |
Turning the Tables on Plaintiffs' Counsel | Plaintiffs file unmeritorious cases against corporations in the U.S. every day, driving up the cost of goods and services and eroding our global competitiveness. We all know about Rule 11 and its shortcomings as an effective deterrent to abusive litigation. Trial lawyer James Murphy will reveal some little known weapons available to counsel defending clients facing frivolous litigation. These seldom-employed tools can be used to force plaintiffs' counsel to pay should they bring a frivolous case against your company. | 5/3/08 | Free | View In iTunes |
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76 |
Winning the Subprime Trial | An Akerman trial team led by Jim Miller recently won a $7+ million jury verdict in a case involving a portfolio of subprime loans. The trial yielded many lessons including the effectiveness of humanizing an institution, like a bank, for a jury. Esoteric and mysterious topics like subprime loans and warehouse lending had to be demystified for the jury. And, complex damages had to be proven without an expert. This case was prepared and won without a single deposition -- not always possible but sometimes necessary -- and desirable. | 5/3/08 | Free | View In iTunes |
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77 |
Panel Discussion: Cutting Edge issues in Intellectual Property Litigation | Our panel of experienced trial lawyers discuss recent developments in Intellectual Property litigation and suggest strategies for prevailing in this dynamic high-stakes environment. Recent examples from various industries will be analyzed. | 5/2/08 | Free | View In iTunes |
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78 |
Arbitration: What Role Should it Play in Resolving Disputes | As litigation stakes escalate, opportunities for resolution by arbitration are receiving more attention. Trial lawyer Ted LeClercq analyses whether arbitration delivers on its promise of faster, more efficient, reasonable, and more private means of dispute resolution. | 5/2/08 | Free | View In iTunes |
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79 |
Anti-Counterfeiting Campaigns | Counterfeiting is a $250 billion industry in North America with serious consequences for consumer safety and the economic viability of the companies affected. In his analysis of efforts to combat counterfeits, trial lawyer Brian Lewis outlines the criminal, civil and administrative remedies available to victims. He also discusses Square D Company's recent success in halting the manufacture, sale and importation of counterfeits into North America. | 5/2/08 | Free | View In iTunes |
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Panel Discussion: Corporate Investigations and Parallel Proceedings | Internal investigations have become one of the most consuming and high risk activities for in-house counsel. Criminal investigations, regulatory oversight and plaintiffs' suits have eroded the attorney client privilege and work-product protections previously associated with such investigations. This panel comprised of in-house counsel and outside attorneys will discuss practical considerations useful in minimizing risks and maximizing protections afforded internal investigations. | 5/2/08 | Free | View In iTunes |
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When Your CEO Becomes a Witness | Plaintiffs want to depose high-level executives (including the CEO) in order to pressure the defendant. In many cases, CEO depositions can be dangerous, distracting and disruptive but at times can be necessary, helpful and indispensable. Knowing when to oppose and when to acquiesce in a demand to produce the CEO can make the difference between the jury embracing your defense or returning a plaintiff verdict. | 5/2/08 | Free | View In iTunes |
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82 |
Trust: A Trial Lawyer's No. 1 Tactic | Are your lawyer and your case trustworthy? Trial lawyer Jeff Parsons discusses the extraordinary impact on trial results of having both a trustworthy lawyer and a trustworthy case, the absence of either of which can spell trouble. Concrete advice on building and demonstrating trustworthiness in every aspect of your company's presence and performance at trial, as well as effective ways to identify shortcomings in the opposition's case without hurting your own case. | 5/2/08 | Free | View In iTunes |
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Hidden Liability Exposure for Nonemployees and Outsourced Operations | Independent contractors, agency employees, outsourced operations. You are not as safe as you think. Hidden liabilities and unexpected risks of borrowed servants and apparent agents. Buyer beware. Practical guidance on limiting exposures. | 5/2/08 | Free | View In iTunes |
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84 |
Reaching Today's Juror: High-Tech Trial Trips and Techniques | As television and the Internet have become the principal, if not the exclusive, source of news and information for many Americans, trial attorneys have had to develop trial preparation and presentation techniques that command the attention of today's jurors while effectively communicating key messages on complicated subject matter. Trial lawyer Kevin Zielke examines high-tech trial techniques from opening statements to witness examination and closing argument. | 11/3/07 | Free | View In iTunes |
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85 |
Mississippi's Reversal of Fortune: From Judicial Hellhole to Pro-Business | Trial lawyer Phillip Sykes will provide an overview of Mississippi's evolution from a historically pro-business state to judicial hellhole in the mid-1990's through early 2000's and its return to a pro-business condition. Judicial and legislative reform, combined with an aggressive public relations campaign have turned the tide of litigation there. This case study will provide practical recommendations that defense lawyers and their clients can use in other dangerous jurisdictions. | 11/3/07 | Free | View In iTunes |
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Attacking Medical Studies and Statistical Associations | Medical experts often rely on studies and statistics to link an event with an injury and, in turn, to an impairment. Successful defense counsel distinguish mere "associations" from proof of causation. Trial lawyer Jerry Glas shows you how to find the buried treasure in every medical study. Defense counsel can roll-up their sleeves and dig for demographic tables, exclusion criteria, confounding variables, and tests for statistical significance. And experts don't always tell the whole story. Defense counsel can discover information that was hidden about a study, and use that information during cross-examination. | 11/3/07 | Free | View In iTunes |
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Panel Discussion: Arbitration - Is it Broken? Can it be Fixed? | What's wrong with arbitration and why do draftspersons resist it? Our panel of experienced litigators will examine the state in which we find arbitration today and consider how it got there. Trials are expensive, prolonged, and polarizing. But is arbitration any better? Our panel will analyze the arbitration processes and suggest a course for redemption. | 11/2/07 | Free | View In iTunes |
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88 |
Litigation Considerations when Outsourcing to China and Elsewhere | Every substantial North American company is either doing business in China, going to be doing business in China or doing business with another company with strong China connections. China's legal system and jurisprudential culture present challenges and surprises to the uninitiated. In addition to getting the deal done, in-house counsel face added responsibilities for protecting the company not usually present in domestic transactions. From lead paint in children's toys to copyright piracy, U.S. companies face increased risks. | 11/2/07 | Free | View In iTunes |
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89 |
Electronic Documents, But Real Money: Controlling E-Discovery Costs | Businesses spend millions each year responding to electronic discovery requests. Are costs out of control? Can value and ROI be measured for electronic-discovery expenses? To what risks are companies exposed? What roles should outside counsel, vendors and technology play? Trial lawyer Jack Sharman walks through a practical, step-by-step process designed to help you get the most bang for your e-discovery buck. | 11/2/07 | Free | View In iTunes |
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90 |
Emerging Exposures in Canadian Product Liability Law | Canadian courts are expanding potential exposures for defendants in product liability class actions, permitting law suits to proceed claiming pure economic loss in tort and disgorgement of profits that would not be maintainable in U.S. or foreign jurisdictions. Trial lawyer Mary Jane Stitt will discuss recent developments with potentially significant negative implications for U.S.-based manufacturers whose products are used in Canada, highlighting insurance coverage issues under Canadian law for these new claims. | 11/2/07 | Free | View In iTunes |
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91 |
Litigation Risk Analysis: More Than Rolling the Dice | Every client evaluates cases. Do we have a "good" chance of winning? What's the risk of a "big" verdict? What's the settlement value? Hugh Gottschalk has been trying cases for Fortune 500 companies for more than 25 years, and working to find more reliable ways to evaluate and quantify risk, as well as to determine technically defensible settlement values. Hugh will provide an overview of the widely acclaimed Decision Tree methodology, and share his experiences using decision trees to evaluate cases and develop business model-like approaches to settle/try decisions. | 11/2/07 | Free | View In iTunes |
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92 |
The Jury's Changing Faces: Profiles of our New Decision Makers | Selecting jurors on the basis of "gut feeling, instinct, and 'I know them when I see them'" tactics is becoming increasingly risky. Differing life experiences are shaping attitudes and presumptions in vastly different ways. Children of the new millennium have different views than Gen X'ers and baby boomers on virtually everything. Smoke out likely views and making sure your message comes across is the goal. Trial lawyer Warren Platt brings his exceptional high stakes trial experience to bear on this emerging issue. | 11/2/07 | Free | View In iTunes |
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93 |
Trials, Tribulations and Travails | Always funny, often entertaining, trial lawyer Steve Mooney puts humor aside (for a moment) to present some of the best, and worst trial strategies and victories. Funny is an understatement. | 11/2/07 | Free | View In iTunes |
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94 |
Mistakes in Preparing and Presenting Corporate Designees | Who tells the story and how it's told is as important as the story itself. Trial lawyer John Sandberg distills his experience from hundreds of corporate designee depositions and gives us the best and worst he's heard and seen, complete with videos. | 11/2/07 | Free | View In iTunes |
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95 |
High Profile Litigation with Historical Impact | Seminal litigation with decisions that make new law can change the course of history with huge impacts on local economies. A consistent theme adopted from the start, hammered home at every opportunity, can spell success despite overwhelming odds and powerful, well-funded opposition. The truth is a litigant's strongest ally and should be clarified, embraced and championed throughout. Trial lawyer Kelly Corr has recently concluded such a case with numerous appeals and several years of litigation resulting in the preservation of an established commercial institution dating back to the Yukon Gold Rush. | 11/2/07 | Free | View In iTunes |
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96 |
Bad Bugs and Foodbourne Illnesses | The recent onslaught of foodborne outbreaks have brought into question the safety of the Nation's food supply. At the center of this dispute are the companies accused of producing and selling these products. From scrutiny of Federal and State investigators and enforcement branches to the ever persistent inquiries of the media, each has faced a crisis which threatened the viability of their businesses. Al Maxwell will walk you through the lessons he has learned in defending these types of cases and offer crisis management tips that can be applied to yours. | 4/21/07 | Free | View In iTunes |
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97 |
Panel Discussion: Expert Witnesses and How to Destroy or Protect Them | Learn cutting-edge techniques for cutting-up the bad guys' experts and protecting your own! Soak up some of the latest developments in Daubert challenges: whether or not to make a Daubert challenge and other strategic issues; preparing for the Daubert challenge; techniques that work (and some that don't)! Hear how the qualifications and credibility of opposing experts and the reliability of their opinions are shredded before and during trial! Enjoy straight from the courtroom lessons on how opposing experts have been brought to tears - or would have been if they had any soul. | 4/21/07 | Free | View In iTunes |
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98 |
Identity Theft and Privacy Exposures | The recent federal Class Action Reform Act has taken some of the fun out of life for the plaintiff class action bar. Traditional target industries are enjoying a bit of a respite while class action lawyers re-aim. Mass identity and privacy compromise claims against corporate victims of data theft are emerging as the next focus for class action litigation. Nearly every company is at risk as the media. Legislatures and the courts increasingly view loss of personal data as a strict liability exposure. | 4/21/07 | Free | View In iTunes |
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99 |
High-Profile Cases in a Media Frenzy | In 2006, a politician was indicted alleging involvement in the biggest political scandal in Ohio's history. Trial lawyer John Mitchell was defense counsel amid intense national, state and local media scrutiny over his client's ties to Ohio's highest ranking public officials, including the Governor, Attorney General and State Auditor. Mitchell will focus on how to use the media to your advantage and some proactive steps to take when caught in a biased media spotlight. | 4/21/07 | Free | View In iTunes |
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100 |
Using Economics to Win Jury Trials | Today's economists are rock stars: Milton Friedman; Alan Greenspan; Paul Samuelson. Econometrics confirms hypotheses, shapes policy, and affects every aspect of human life. By allowing economic experts, judges bring economic methodology into jury decision-making. Often, though, an "expert economist" is nothing more than a calculator with a pulse. Trial lawyer Ike Ryan discusses cross-examination of economic experts and how to use economic theory to win jury trials. | 4/21/07 | Free | View In iTunes |
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101 |
Arbitration Exorcising Seven Litigation Sins | Trial is expensive, prolonged, and polarizing. But is arbitration any better? With scores of jury verdicts under his belt Rod Heard is also a frequent advocate in arbitration, serves as an arbitrator and teaches arbitration in two law schools. His analysis of the processes and his recommendations may leave you with the impression that there is no right answer. And, you may be right. | 4/21/07 | Free | View In iTunes |
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102 |
Protecting and Enforcing Intellectual Property Rights | Yes, hard to believe but true. You and the local U.S. Marshal can raid that dastardly villain who's been copying your products, barge into his factory, guns drawn, take his papers and computers, and effectively shut him down. But you'd better be right. Trial lawyer Jill Wheaton shares Draconian remedies to organize and lead raids impounding counterfeit and bootleg copies of your product. Pleadings, legal standards and strategies under federal trademark and copyright law (Lanham Act). Protection programs to implement in-house. | 4/21/07 | Free | View In iTunes |
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103 |
Insurers Face New Law After Katrina - Billions at Stake | The decisions rendered in the first year following Hurricane Katrina followed a predictable path, and largely reaffirmed decades of prior precedent. Recently, however, one Mississippi judge held an insurer guilty of bad faith as a matter of law, a class action settlement proposal with that same insurer has been rejected, and a federal judge in Louisiana has ruled that the flood exclusion is ambiguous, potentially shifting billions in losses to insurers. Learn what these decisions mean about litigation in the Gulf States. Lessons to be learned in litigation following natural disasters. | 4/21/07 | Free | View In iTunes |
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104 |
Top Ten Reasons You Should Have a Woman on Your Side | Why women litigators stand out. A light and funny review with a scientific or research-based look at some of the differences between men and women as they apply in litigation. | 4/20/07 | Free | View In iTunes |
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105 |
National Coordinating Counsel | Why, when and what do they do that I can't do in-house less expensively? Pattern, cookie-cutter, multi-district, class action, and other national litigation demands uniformity and consistency in discovery response, factual and expert witness management. Allocated claim expense (e.g., defense costs) of insured litigation might be covered whereas the salaries of in-house counsel would never be. And in the long term, institutional memories of law firms not subject to RIFs, promotions to management and transfers to other companies or law firms far exceed those of corporate legal departments. | 4/20/07 | Free | View In iTunes |
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106 |
Panel Discussion: What In-House Counsel Want and How to Give It to Them | Decision-making at the in-house counsel level. Why in-house counsel make the decisions they do. Factors driving in-house counsel's litigation strategy and settlement decisions. Communication – the why and what. Punitive damages – why they must be avoided at all costs. Legal Fees – the real cost of a bad result. Insurance Coverage – how it affects litigation strategies. Subrogation – myth or reality? Panel counsel – why and why not. | 4/20/07 | Free | View In iTunes |
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107 |
Backdating Stock Options: Anatomy of a Corporate Scandal | A Wall Street Journal article shining a spotlight on the unusually propitious timing of stock option grants within a handful of public companies started a process that ultimately uncovered one of the largest corporate scandals of all time. In terms of the sheer number of companies involved, this threatens to dwarf Enron and the other corporate accounting scandals that ultimately gave rise to Sarbanes-Oxley. Companies are restating financials, senior corporate officers are being fired in droves, lawsuits abound and people are going to jail. Mr. Murphy will provide an update on the status of the investigations and prosecutions currently underway at the Department of Justice, SEC and IRS. He will also talk about the anticipated future course of these investigations with special emphasis on the role of inhouse counsel in protecting their companies when serious problems like this are uncovered. | 4/20/07 | Free | View In iTunes |
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108 |
Insurance Coverage Litigation After Natural Disasters | The litigation landscape on the Gulf Coast has been altered just as fundamentally as the physical landscape as a result of Hurricane Katrina. Thousands of cases are currently pending, including those filed by Senator, and Former Majority Leader, Trent Lott, U.S. Representative Gene Taylor, and many federal and state court trial judges on the Mississippi Gulf Coast. One case has already gone to trial. Get an up-to-date summary of current insurance coverage litigation arising out of Hurricane Katrina, recent decisions, the legal issues being litigated. | 11/4/06 | Free | View In iTunes |
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109 |
Panel Discussion: In-House Counsel Called to Testify | Issues to be discussed include the extent to which the attorney-client communication privilege and the work product doctrine can protect you; how activities performed by an in-house lawyer that would ordinarily or could be performed by a business person can subject an in-house attorney to deposition or trial testimony. | 11/4/06 | Free | View In iTunes |
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110 |
In-House Counsel Exposure to SEC Enforcement Actions | The SEC will sanction in-house counsel for conduct that would give rise to an enforcement proceeding against a non-lawyer but it won't sanction an in-house lawyer for merely giving bad advice. Sarbanes-Oxley's focus on lawyers as gatekeepers who can prevent corporate frauds will be addressed in light of several recent SEC enforcement actions: In the Matter of Google, Inc. and David C. Drummond; In the Matter of John E. Isselmann, Jr.; and In the Matter of Ira Weiss. | 11/4/06 | Free | View In iTunes |
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111 |
Strategic Implications of Joint and Several Liability, Indemnity and Contribution | Most states limit joint and several liability, but many do not. Common knee-jerk reaction to a new case is to cross-claim against co-defendants and bring in third-parties for contribution or indemnity. However, strategic legal and business reasons may counsel a different course. Until juries can be instructed on the implications of joint and several liability, in-house counsel must consider all possible fallout and implications. | 11/4/06 | Free | View In iTunes |
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112 |
Choosing a Cross-Examination Strategy Based on Personality and Background | Every expert witness is different. Cross examination strategies should be tailored to the case strategy, the expert's history and personality, and the cross examiner's style. This presentation looks at four distinct types of experts: the professional witness, the nice guy, the prolific writer and the genius. Suggestions, based on trial experience, as to handling each type of expert effectively. | 11/3/06 | Free | View In iTunes |
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113 |
Panel Discussion: Risk Management Techniques of In-House Counsel Managing Litigation | In-house counsel's responsibilities for setting litigation strategies in light of available insurance coverage and insurance market relationships, customer relations, employee availability, contractually-based risk shifting, early case evaluation, trial readiness committees of outside counsel, using counsel to manage repeat-use expert witnesses, consolidating discovery responses, try/settle decision analysis, testing defenses, themes and arguments before trial with moot argument before retired judges and representative jurors, managing the press in high profile litigation, and other topics. | 11/3/06 | Free | View In iTunes |
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114 |
Expert Witnesses as Trojan Horses | Plaintiffs always call a neuropsychologist in brain trauma cases and anecdotes invariably jump out of their mouths, including lay and medical opinion testimony, neither of which they are qualified to give. Often they move to vocational rehabilitation testimony opining as to the ability of the plaintiff to work again. Sometimes toxicologists try to testify as to accident causation in alcohol impairment cases without accident reconstruction expertise. Such experts must be expected to try to bring in the entirety of plaintiff's case unless your defense counsel acts to prevent it. Illustrative video clips. | 11/3/06 | Free | View In iTunes |
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115 |
Canada Class Actions Impact U.S. Companies | What you need to know about the growth of class action litigation in Canada before it's too late. Plaintiff counsel on both sides of the border are working closely, sharing information, documents and experts, in coordinated attacks on U.S. defendants. Canada's less restrictive certification thresholds coupled with the threat of international class action litigation require that in-house counsel and insurers managing litigation develop strategies to prevent Canadian litigation from achieving results not possible in the U.S. | 11/3/06 | Free | View In iTunes |
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116 |
Panel Discussion: The Company Representative - A Judicial Perspective | How judges see company representatives. What company representatives can do to help and hurt their clients. | 4/29/06 | Free | View In iTunes |
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117 |
Panel Discussion: Counsel Selection Programs | It started long ago, one company gave it a name ("convergence") and others tailored it to their own needs (e.g., Pfizer's "3P" program). Whatever you call it, and however it's organized, it means great control for in-house counsel over counsel selection, task assignment and costs. But what about results? Traditional counsel selection methods compared with pre-qualification programs. In-house and outside counsel offers views from their perspectives. | 4/29/06 | Free | View In iTunes |
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118 |
Jurors Say The Darnedest Things | Jurors in the box are sedated beasts before the sedative wears off. What they say and do during deliberation often has no connection with the official evidence and everything to do with the unofficial "facts" they gather while watching the trial and by combing their collective memories and lifetime travails for relevant experiences (and TV shows) on which to base their decisions. Take a ride on the wild side with trial lawyer Tony White who recently spent two weeks as a juror in a civil case. Things are not what they appear behind the wooden door. | 4/29/06 | Free | View In iTunes |
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119 |
Reasons Not to Arbitrate | Even though you have an arbitration provision, if the other side sues you might want to go with it rather than to move to compel arbitration. Or you might want to sue and try to slip out of the arbitration provision. The decision to arbitrate should not be automatic given today's sometimes lackluster panels, ridiculous fees, commissions to arbitration organizations, arbitrators' conflicts of interest given their natural desire to be re-hired and the unavoidable impact on their case decisions, especially on the likelihood of defense awards. Arbitration and litigation compared on many fronts, including the independence of a life-tenured judge motivated to control his/her docket versus that of an hourly rate arbitrator with demands to produce billable hours on matters in his/her docket. | 4/29/06 | Free | View In iTunes |
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120 |
Seal the Deal: Closing Statements And Witness Cross-Examinations Juries Can't Ignore | Trial lawyers have used everything from obscene gestures to self-denigration to win over jurors. Here's a generous helping of some of the best (and worst) ways to get the jury to see it your way. | 4/28/06 | Free | View In iTunes |
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121 |
Canadian Strike Suits | Canada may soon become a jurisdiction of choice for class action strike suits brought against U.S. public companies. Ontario and British Columbia have both enacted statutory causes of action for secondary market transactions which will allow disappointed investors to band together to seek damages for what they say are a company's misrepresentations or failures to make timely disclosure. These new causes of action do not include some of the protective safeguards to frivolous strike suits that are afforded under U.S. law. As a result, the Canadian strike suit may be coming to a client near you soon. | 4/28/06 | Free | View In iTunes |
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122 |
E-Discovery: Burdensome, Risky, Expensive and Unavoidable | A brief summary of where we've been, and where we're going. Plus, some "best practice" tips to help your company navigate the mine field and tame the beast. | 4/28/06 | Free | View In iTunes |
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123 |
Panel Discussion: Corporate Governance | Discussion of the development and implementation of corporate governance, ethics, and compliance programs, including management structures and control systems, to prevent and detect violations of law. | 4/28/06 | Free | View In iTunes |
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124 |
Defending Mass Tort Cases by Exposing Plaintiff Fraud | Judge Jack's landmark holding in silica litigation where massive fraud by plaintiff attorneys and doctors has been exposed and criminal investigations have been launched may be only the tip of the iceberg as professional plaintiff victims of every mass tort imaginable are being exposed. Doctors whose diagnoses once served as the basis for hundreds of millions of dollars of settlements are now pleading the Fifth Amendment in an effort to avoid spending years in jail for perjury. Almost half a dozen have already recanted prior testimony. Defendants are now searching more than one million social security records for additional evidence of fraud. Can this be the beginning of the end of damageless mass tort litigation? | 4/28/06 | Free | View In iTunes |
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125 |
Winning Mass Tort Litigation Strategies | Well-rounded defense programs coordinate insurance coverages, data management, national and local counsel roles, legislative efforts, public and press relations re great results and set-backs, national defense groups, and case management orders, among other things. Planning "evergreen" defense programs for suitability in every jurisdiction for all time and especially beyond the lifetimes of employees and other witnesses, coordinating defense strategies with similarly situated defendants, grooming and controlling defense experts, establishing national defense groups with other manufacturers in all jurisdictions, including related products. | 4/28/06 | Free | View In iTunes |
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126 |
Expert Witness Selection, Care and Control | Your defensive case rides on the performance of expert witnesses whose testimony can be concise, on point and persuasive. But, it could also be wandering, self-absorbed and disregarded. With experts charging as much as or more than attorneys, and with their impact on results being at least as much as counsel's, experts must be carefully selected, managed and monitored, unnecessary writings must be avoided, and witnesses must stay focused. Hal Morlan reaches into his 29 years of trial experience to give us guidance and tips in this highly determinative area of litigation management. | 4/28/06 | Free | View In iTunes |
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127 |
Demolishing Expert Witnesses and Expert Witness Malpractice | Since Daubert, expert witness work is not a free ride. Learn techniques built on decades of experience destroying opposing experts and delivering friendly experts unscathed after cross-examination. | 4/28/06 | Free | View In iTunes |
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128 |
How Much is Your Intellectual Property Worth? | Lowenstein Sandler Litigation Department Chair David Harris presents a case study on the need to protect intellectual property against a clever and recalcitrant infringer. Costs of persistent protection as well as related legal and business strategies. | 11/12/05 | Free | View In iTunes |
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129 |
Toxic Tort Litigation: Exposure and Disease | Exposure measurement and dose-response, threshold exposures, de-emphasis on mathematical precision, quality of quantification, surrogates for exposure levels, exposure simulation and dose reconstruction studies, pros and cons of mathematical modeling, relevance of odor detection information, symptom correlation, co-worker testimony, MDS sheets, raw material specifications, and when measurement is unnecessary. | 11/12/05 | Free | View In iTunes |
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130 |
Jury Voir Dire: Use and Misuse | Weeding out prejudiced jurors can be as important as the case you put before them. Effective jury selection establishes credibility and sells your case. Focus groups, background investigations, and juror questionnaires are some of the tools trial lawyer Tom Myrick finds effective in this first strike opportunity. | 11/12/05 | Free | View In iTunes |
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131 |
Document Destruction, Criminal Prosecution and Spoliation Claims | Jack Sharman, formerly Special Counsel to the House Banking Committee, including for the Whitewater Investigation, examines the U.S. Supreme Court's recent reversal of Arthur Andersen's conviction for obstruction of justice based upon document destruction. That case has broad implications for sanctions in civil lawsuits, and for how juries perceive businesses at trial. Corporate counsel are the first line of defense when such questions arise, and need practical advice about how to avoid criminal and civil spoliation issues -- pre-lawsuit, pre-trial and at trial. | 11/12/05 | Free | View In iTunes |
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132 |
Litigation Relating to Import and Export Enforcement Actions | The Bush Administration has stepped up enforcement of import and export laws. The area is highly active, including with litigation brought by the government at the administrative level and in the courts, as well as by private parties seeking redress after a penalties have been imposed by the government. International Trade and Customs Practice Group Leader Julia McCalmon focuses on legal issues, and how the parties involved in the import and export supply chain and interrelate. She also addresses how management and avoidance of enforcement actions through global trade compliance programs. | 11/12/05 | Free | View In iTunes |
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133 |
High Profile Cases: Litigation Tactics and Media Themes | Whether it's the DC Sniper Civil Litigation, the Seattle Newspaper Wars, Courtney Love v. Nirvana, foster care class actions, or the biggest bankruptcy in state history, Former Assistant U.S. Attorney Kelly Corr discusses litigation jugular strikes and means to get messages across quickly and effectively. | 11/11/05 | Free | View In iTunes |
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134 |
In-House Responsibilities When Unions Organize | What you can and what you can't do while staying within the law. Advising management when unions organize. John Entenman brings more than 30 years experience to the podium based on his representation of professional athlete associations, automotive industry suppliers, hospitals and other companies. You'd be surprised what's prohibited but maybe even more surprised by what's allowed. | 11/11/05 | Free | View In iTunes |
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135 |
Pitfalls to Avoid When Investigating Employee Wrongdoing | Trial lawyer and former Ninth Circuit U.S. Court of Appeals clerk Gwyn Quillen outlines necessary pre-interview disclosures to be made to employees, the issue of separate counsel, duties in the event of disclosure of bad facts, the obligations regarding disclosure of investigation results to the government, and recent case law regarding privilege while making disclosure to the government. | 11/11/05 | Free | View In iTunes |
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136 |
Lessons Learned from Hurricane Katrina and the New Orleans Experience | Forget what you thought you knew about disaster recovery and business continuity planning. Hurricane Katrina and the New Orleans Experience have just made everything you thought, knew, planned, said and wrote obsolete. You need a new book -- a book that expands your horizons beyond the traditional scope of planning on a building-, block-, neighborhood-, or even city-wide basis. Your new book needs a national perspective. When the floor drops out from beneath you, your people and your operations need to be harnessed to support points states and even time zones away. Fresh from New Orleans, senior partner and trial lawyer Bob Kerrigan tells it like it is. | 11/11/05 | Free | View In iTunes |
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137 |
Critical Things You Need to Know About Conducting American Litigation Involving Canadians | If you find yourself north of the border there are several key differences from what you may be used to in the United States when litigating in Canada. Canada trial lawyer Ken Mills provides a primer on topics ranging from deposition of Canadian witnesses for U.S. proceedings to the unwillingness of Canadian courts to award substantial punitive damages or readily embrace jury trials in civil cases. | 11/11/05 | Free | View In iTunes |
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138 |
Dynamics of Communications Among Large Corporate Insureds and Their Multi-Level Insurers in Large Loss Cases | Trial attorney Linda Woolf, veteran of two decades of insurance coverage litigation, speaks to the issue of communications among and obligations owed by insurers and insureds in complex litigation, involving multiple levels of coverage spanning multiple coverage periods. | 11/11/05 | Free | View In iTunes |
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139 |
Injury May Not Be As Catastrophic As it is Made to Appear | Combat-tested trial lawyer Keith Phoenix brings us a case study involving a brain-damaged plaintiff who won a $5 million settlement against two defendants but took nothing from a target defendant. Discussion of how family members and a forensic psychologist were used by the defense and how plaintiff’s treating doctor was positioned to abandon an earlier brain injury diagnosis. After being confronted with the "new" defense and other developments, the plaintiffs dismissed their lawsuit and then faced a fraud investigation by the federal government. | 11/11/05 | Free | View In iTunes |
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140 |
Jurors Unsilenced and Asking Questions | A majority of jurisdictions hold that a trial judge can allow questions from the jury, but few judges do. The trend is to allow questions. Trial attorney Rod Heard shares his experience in dealing with loss of objectivity, over-involvement, and improper questions. Procedural bases for allowing questions, instructions concerning what kinds and scope of questions can be asked, when questions can be asked, whether questions can be asked directly of the witnesses or only put to the judge, and whether in writing or oral. Actual experience with juror questions. | 11/11/05 | Free | View In iTunes |
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141 |
Ethical Implications of Counsel' Gatekeeper Role Under Sarbanes-Oxley | Trial lawyer Bruce Friedman notes that Sarbanes-Oxley addressed corporate misconduct scandals in an effort to restore investor confidence in securities markets. "Noisy Withdrawal", the SEC's most controversial proposal, requires attorneys to report suspected financial fraud directly to the SEC if a corporation's board of directors fails to take appropriate action following a warning of wrongdoing. We examine that "noisy withdrawal" proposal, the concern and opposition that it has evoked from the bar, and its implications for the preservation of the attorney-client privilege as we know it. | 8/5/05 | Free | View In iTunes |
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142 |
Conflicts, Waivers and Other Things That Reall Annoy Me About You! | Trial lawyer Scott O'Connell explains that the relationship between "in-house" and "out-house" attorneys needs regular care and attention. Strains to the relationship are inevitable, and increasingly occur over the dicey and complex issues of ethical and subject matter conflicts, adversity to an affiliate and requests for waivers. Successful management of those issues requires a command of applicable ethical rules. When does a current client become a former client, and why does it matter? What are the dangers of relying on conflict waivers? When is the representation of an affiliate a conflict? How can in-house counsel stop outside lawyers from making bad law for the client in cases of issue conflict? | 8/5/05 | Free | View In iTunes |
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143 |
With Liberty and Justice... Under Siege | Trial lawyer Jeff Parsons examines the recent and alarming upsurge in lawyer-, judge- and justice-bashing, comparing it with dangerous historical precedents. He advocates education to prepare the public in advance for justice bashers and to impair their recruiting potential. He examines our country's founding fathers' belief in justice as one of three essential cornerstones of our democracy; our nation's historical respect for and adherence to the Rule of Law; the role of the judge, the jury and higher courts in our system of jurisprudence; and the continuing role of our justice system in preserving individual liberties and our system of democratic government. | 8/5/05 | Free | View In iTunes |
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144 |
Stopping the Serial (Litigation) Killer | Organizing, managing, staffing and defending serial litigation. Standardizing discovery, allocating responsibilities for functional aspects of the cases across a national team. Courting and caring for fact and expert witnesses to be used repeatedly. Trial lawyer Banks Sewell summarizes principles of national coordination in a nutshell. | 8/5/05 | Free | View In iTunes |
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145 |
Subrogation Claims: After the Loss | Creating and managing an institutionalized subrogation program for the real party at financial interest, the insured, to shave liability losses and tweak your company's claims performance. Trial lawyer Steve Johnson tells us how to pursue uninsured losses and deal with problems posed by large subrogation claims. | 8/5/05 | Free | View In iTunes |
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146 |
Insist on Videotaped Depositions | Witnesses say the darndest things when they forget they're being taped. Use in settlement. Trial lawyer Steve Mooney outlines pitfalls for unwary witnesses and in-house counsel and discusses the special rules applicable to videotaped evidence. | 8/5/05 | Free | View In iTunes |
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147 |
Enforcing Restrictive Covenants After Employee Departures | Departing employees pose an unfair competition risk when they leave to join or form competitors. Trial lawyer David Wissert discusses effective protection of company confidential information, trade secrets, and customer relationship information. TRO's, preliminary injunctions, tactical maneuvers, enforcing bargained-for contractual protections, and the need to strike early. | 8/5/05 | Free | View In iTunes |
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148 |
Canadian Competition and Anti-Trust Law | Anti-trust class action litigation is on the rise in Canada, driven by aggressive plaintiffs@apos; counsel, contingency fees and amendments to Canada's Competition Act intended to facilitate private actions. Trial lawyer Jeff Galway highlights important differences between U.S. and Canadian anti-trust class action litigation. | 8/5/05 | Free | View In iTunes |
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149 |
Have We Seen Federal Sentencing Guidelines' High-Water Mark? | Booker struck down the guidelines to the glee of defense counsel. Prosecutors no longer hold all the cards. Trial lawyer Doug Grover tells us just how much have things changed and how should companies respond in the current and changing enforcement environment?. | 8/5/05 | Free | View In iTunes |
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150 |
Defending Premises Liability Claims After Crimes | The claim is that the crime would not have happened to the customer, guest, invitee but for your company's poor on-premises security. And now, unforeseeability of the criminal act is diminishing as a viable defense. Trial lawyer Christine Welstead discusses considerations for cross-examining victims of on-premises crime. | 8/5/05 | Free | View In iTunes |
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151 |
Product Counterfeiting Can be Dangerous to Your Company's Health | Yes, hard to believe but true. You and the local U.S. Marshal can raid that dastardly villain who's been copying your products, barge into his factory, guns drawn, take his papers and computers, and effectively shut him down. But you'd better be right. Trial lawyer Tony Lathrop shares Draconian remedies to organize and lead raids impounding counterfeit and bootleg copies of your product. Pleadings, legal standards and strategies under federal trademark and copyright law (Lanham Act). | 8/5/05 | Free | View In iTunes |
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152 |
General Counsel's Best Trial Lawyer Interview Methods | When the GC gets involved in selecting counsel, you know the matter's important. Firms send their best closers for the dog and pony show, people who've won beauty contests before. But what should in-house counsel really be asking? Trial lawyer John Fitzpatrick gives you the hard questions that separate jury trial lawyers from everyone else. Learn what they are and how to get the answers you deserve. Better to learn them now than to have to explain to your Board of Directors how you missed asking them when you had the chance to do so. | 8/5/05 | Free | View In iTunes |
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153 |
The Company Representative at Trial | Do you call your company's "central casting" for a "Senator" character or use a real person who can relate to the jury, especially if there's a chance he'll be called to testify, overheard in the court hallways, button-holed by the press? Trial lawyer Alex Marconi outlines a process for selecting and grooming good company witnesses to sit through trials, consult with counsel and to be there if and when needed. | 8/5/05 | Free | View In iTunes |
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154 |
E-Discovery - You Thought You Heard The Last Word | Responsibilities of in-house counsel to preserve, maintain and produce documents in litigation, cost-allocation methods, proposed e-discovery amendments to the Federal Rules of Civil Procedure; harsh penalties for e-discovery violations. Trial lawyer Joe Ortego tells you what you need to know today to stay out of trouble tomorrow. | 8/5/05 | Free | View In iTunes |
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155 |
Class Action Fairness Act of 2005 | Trial Lawyer Mark Miller will discuss how this new law can affect your company's class action exposure. CAFA requires most class action suits that heretofore could be litigated in state court to be moved to the Federal courts. The law will make it much more difficult to bring class action suits. And, it gives the Federal government - by way of judicial appointments - the ability to somewhat control what was previously under state control. CAFA covers claims for false advertising, violations of consumer protection laws, and product liability. | 8/5/05 | Free | View In iTunes |
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156 |
Don't Forget Punitive Damages When Making Choice of Law Decisions | State-specific procedural rules and substantive law could leave unwary defendants deprived of discovery on punitive damages issues. Trial lawyer Dan Stephenson shares his experience with an overview of choice of law issues as they relate to punitive damages, with examples from recent cases. | 8/5/05 | Free | View In iTunes |
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157 |
Something Can Be Done About Mass Tort Litigation | Techniques and strategies that force plaintiffs to play by the rules, stay on the high road and eschew due process short-cuts and dirty tricks. Forman Perry Watkins Krutz & Tardy were one of the lead law firms in the federal court MDL in Corpus Christi, Texas, where questionable silica screening procedures were first revealed. Trial lawyer Tom Tardy provides a history, an overview and a prognosis for these fascinating proceedings and suggests strategies that you can use in your mass tort cases. | 8/5/05 | Free | View In iTunes |
| Total: 157 Episodes |
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