Litigation

Pre-Trial

Published: March 2009
Last Updated: October 2012

Recorded on: Mar. 13, 2012

AMY TAUB: Greetings. My name is Amy Taub, and I'm a Program Attorney with PLI. I would like to welcome you to today's briefing, "ESI, Technology, and the Lawyer-- The Intersection of Competence, Ethics, and Electronically Stored Information." Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have ...

Course Handbook from the program Handling a Securities Case 2012: From Investigation to Trial and Everything in Between, held April, 2012.

Recorded on: Apr. 27, 2012

LYLE ROBERTS: Great. If everyone is settled in, or getting settled in, we will launch into our second panel today, which is, OK, we've had the investigation. Or at least we've talked about the issues surrounding investigation, and perhaps a quick, early settlement, if possible, with the SEC. But what about the civil actions? Our fact patterns suggest that we're going to have a lot of civil actions going on, including multiple securities class actions ...

Recorded on: Apr. 27, 2012

JONATHAN K. YOUNGWOOD: Panel, yes. So we've talked about the investigation, the government regulatory aspect, which is often how a securities case starts. We've talked about the drafting of the complaint, the filing of the complaint, the likely motion to dismiss the Complaint. And lo and behold, we can all assume that the Medicines R Us case was not thrown out on a motion to dismiss. And so it's going to continue as a civil securities case, likely ...

Recorded on: Apr. 27, 2012

LYLE ROBERTS: Great. We are back. And thanks, everybody, for coming back in. And this panel will now be on seeking resolution, strategies in mediation and settlement. And as you know, through the morning, we kind of took you through the case from investigation, to filing of a civil action, to some of the litigating of the civil action. And an important piece, especially in a securities class action, is the potential for settlement. And so this panel ...

Recorded on: Apr. 27, 2012

JONATHAN K. YOUNGWOOD: We are now going to formally start our first panel, and let me briefly introduce the panelists who are up here with me now. I will go from my right down the panel, so you're left, or left to right. Adam Hakki, immediately next to me, is a partner at Shearman & Sterling in their litigation group. He has extensive experience representing clients in complex securities actions and shareholder litigation, as well as in civil ...

Course Handbook from the program Pretrial Practice 2012, held May, 2012.

From the program: International Litigation 2012

Recorded on: Jun. 18, 2012

Taken from the Web Program International Litigation 2012 Recorded June 2012 in New York City Lecture Topics International Litigators Toolbox No. 1: When U.S. Discovery Rules Clash With Foreign Law (Including a Mock Argument Before District Court Judges) [01:13:21] Foreign privacy and confidentiality laws and regulations Foreign blocking statutes Strategies, doctrines and devices The purchase price of this Web ...

Course Handbook from the program Expert Witness 2012, held June, 2012.

Recorded on: Jun. 28, 2012

RICHARD S. TAFFET: Thank you Ken. And good morning everybody. I'm glad you all got up as I did this morning. And please forgive me if I drone on a little bit out of fatigue. I did go to the Red Sox game yesterday and they won unfortunately, so that's the bad news I have to deliver this morning. But what I'm going to try to do this morning is give an overview-- after I give my Bingham advertisement-- give an overview of the federal rules. I will say ...

Recorded on: Jun. 28, 2012

KENNETH SCHACTER: We're going to proceed to the next panel without a break, although obviously you're welcome to take a rest break if you need it. OK. So let me quickly introduce our panel members. To my right is Jessie Beeber who is a partner at the New York firm of Frankfurt, Kurnit, Klein, & Selz, which is one of the leading media and advertising law firms in New York. Jessie does a lot of media, advertising, litigation, Lanham Act cases, and ...

From the program: Electronic Discovery Guidance 2012: What Corporate and Outside Counsel Need to Know

Released on: Oct. 8, 2012

New questions constantly arise about how to effectively and fairly handle the potentially overwhelming demands and costs of e-discovery in litigation. This program will provide an overview of the development of e-discovery law and a look to where that law is heading. An outstanding faculty of experienced lawyers, judges, and e-discovery professionals will provide an inside look at the current state of e-discovery, give tips for avoiding pitfalls litigants ...

Recorded on: Sep. 26, 2012

GARY ADLER: Good morning. We're going to continue. Thank you all for listening to me and coming back. You should all come to my depositions and say that to the lawyers on the other side and the deponents who wander off into the hall and don't come back. We're going to continue now-- Litigation Continues-- Nuts and Bolts of Preservation and Document Review. Our panelists are Ashish Prasad, Jeff Fowler, and Peggy Stulberg. Ashish is chief executive ...

Recorded on: Sep. 26, 2012

GARY ALDER: Just seconding what Laurie said, the evaluations are extremely helpful to us in trying to figure out what we should do differently or similarly in future years. So thank you for that. And thank you in advance for your patience in staying through the day. I know there will be a little bit of an anxious to get out the door once we finish so let me thank you in advance now. Although I'll do it again when we finish this panel. And I think ...

Recorded on: Sep. 26, 2012

GARY A. ADLER: Our presenter on ethics is David Lender. David is a partner in the New York office of Weil, Gotshal, where he specializes in complex commercial litigation. David is co-chair of the firm's litigation department and also head of the firm's e-discovery task force. David is a frequent author and lecturer on electronic discovery issues and has authored leading treatises on the subject of e-discovery. And I just have to add that I asked ...

Recorded on: Sep. 26, 2012

GARY A. ADLER: OK, if we can return to our seats, we're going to continue now with our Annual Update of In-house Counsel's Guide to E-Discovery-- Everything You Need to Know. Our panelists for this panel are John Rosenthal and Steve Bennett. John is a litigation partner in Winston & Strawn's Washington, DC, office who represents clients across the globe in complex antitrust and litigation matters. John is chair of the firm's e-discovery and information ...

From the program: Think Like a Lawyer, Talk Like a Geek 2012: Get Fluent in Technology

Released on: Nov. 19, 2012

For many lawyers, addressing legal issues arising from a client’s use of technology or negotiating contracts for technology services, like mobile apps, have become a routine part of daily practice.  Lawyers, who often have no technical training, are required by court rules to report on their client’s technology infrastructure so that a judge may address electronic discovery issues.  The rapidly changing world of technology requires ...

Released on: Nov. 28, 2012

Taken from the briefing Technology-Assisted Review: Evolving Case Law and Practice recorded November, 2012. Technology-assisted review - also known as “computer-assisted review” or “predictive coding” - uses computer “machine learning” algorithms to dramatically reduce the amount of human effort necessary to sift through massive volumes of electronic information for responsive documents.  ...

From the program: Government Investigations 2013: The Role of Electronic Information in Investigation and Response

Recorded on: Apr. 5, 2013

Taken from the Web Program Government Investigations 2013: The Role of Electronic Information in Investigation and Response recorded April, 2013 in New York.Lecture Topics  [01:07:55]The Scope of Government Investigations and Limits on Government Investigations  [01:07:55] Opening Remarks by Program Chair Ronald J. Hedges What makes the government decide to investigate? How and why agencies coordinate investigations How broad can ...

From the program: The Ethics Game Show: Matrimonial and Family Law Edition 2013

Released on: Apr. 11, 2013

The field of matrimonial law is fraught with ethical pitfalls, and understanding potential dangers is essential to practicing effectively. Matrimonial attorneys must deal with a wide range of highly sensitive and personal matters, and must be particularly mindful of ethical obligations to clients, courts and third parties. This is undoubtedly why matrimonial cases have provided some of the most memorable ethics teaching moments.Match wits with our ...

Published: April 2013

From the program: Handling a Securities Case 2013: From Investigation to Trial and Everything in Between

Recorded on: May. 1, 2013

Taken from the Web Program Handling a Securities Case 2013: From Investigation to Trial and Everything in Between recorded April, 2013 in New York.Lecture Topics  [01:01:16]The Investigation: Coordinating Requests from Government Regulators  [01:01:16] Practices and strategies for internal investigations Considering the effect of regulatory proceedings on future civil actions Defense and government perspectives on regulatory proceedings ...

Recorded on: May. 1, 2013

JONATHAN K. YOUNGWOOD: We had three panels in the morning. We're going to have three in the afternoon. And we're going to continue through the litigation practice. So in the morning, we started off where there's an event for a company. There's a regulatory proceeding. A civil litigation ensues. We went through the process of drafting the complaint, filing the motion to dismiss, then we moved on to issues that kind of come in the middle, class certification ...

Recorded on: May. 1, 2013

LYLE ROBERTS: All right, everyone, we'll get started again, with our next panel, which is on prosecuting and defending the civil actions. So kind of the next step, we're going to assume, of course, that, in our fact pattern, WIND has not been successful in its motion to dismiss. So we're going to have to go ahead and we're going have to deal with two very thorny issues, that this panel is going to cover in depth. One is discovery, and all the obligations ...