On-Demand Learning

Litigation

Transcripts

Recorded on: Aug. 27, 2013

JANET SIEGEL: And now it's my pleasure to introduce to you the chair of this afternoon's program, David Lewis. David Lewis is a partner in the firm of Hinshaw & Culbertson, and he's also the chair of the New York City Bar Association's professional responsibility committee. Mr. Lewis advises individual lawyers and law firms on all aspects of professional ethics and risk management. He serves as go-to outside ethics counsel for a diverse range ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: And to kick off our first panel, what I'm going to do is speak briefly about why my organization, a civil rights and social justice organization, has decided to focus on criminal justice and reentry issues. But before I do that, I'd like to go ahead and briefly introduce our panelists. So you have their full bios in your materials, but I do want to say a few words about each of the great folks that you're going to be hearing from ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: Great. Thank you. And thank you all. Welcome back. We are going to move into our third and final session where we're going to be looking more in depth into special topics related to employment screening. Most of the clients that we see through the Second Chance Legal Clinic are motivated to come see us because they're having employment issues. And I'll introduce our two panelists, who are going to discuss, first, background check ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: OK, we are going to keep moving quickly. Thanks so much for sticking with us. We've got an exciting second session here that we're going to jump into, and before we do, I'd like to introduce our presenter, Eliza Hersh. Eliza is the director of the Clean Slate Practice at the East Bay Community Law Center, the East Bay's largest provider of free legal services and a teaching clinic of Berkeley Law School. The Clean Slate Practice ...

Recorded on: Aug. 15, 2013

PARISA KARAAHMET: Hi, everyone. So we have just two panels left. This next panel should be very interesting, especially since it's going to be carried by Mr. DiRaimondo on his own. Unfortunately, Tom wasn't able to make it today, but I have full confidence in Michael. And I'm sure we're going to hear some very interesting and fascinating things about post-conviction relief for your client. So just briefly, as I have done in other panels, I'm going ...

Recorded on: Aug. 8, 2013

ARTURO REQUENEZ: OK. Thank you everybody. If we could get seated we're going to start again with our next panel. This next panel is a wonderful panel of lots of years of experience on jury selection, which is, obviously, a critical topic, especially if you're in state court, but even in federal court. Although in federal court, more and more, judges are reducing the amount of time that you get the ask jurors questions in federal court. I'm going ...

Recorded on: Aug. 8, 2013

ARTURO J. GONZALEZ: Our first panel is going to talk about a number of issues that are very important. And each one of these could have almost been a separate hourly program, but because there are so many issues we had to bundle them together. We're going to talk a little bit about a trial plan. What is a trial plan, and why is it important? And why should you will always be thinking about that? How detailed it happens to be would vary from case ...

Recorded on: Aug. 8, 2013

CYNTHIA MCGUINN: I like this. This is wake up coffee. ARTURO J. GONZALEZ: I thank you all for coming back, promptly. We do need to start on time to remain on schedule. The next panel is one of my favorite topics, opening statements and closing arguments. The one thing I will say to you is that, if you're ever talking about this topic, please remember to say, opening statement. Do not ever say, opening argument. Because the minute you say, opening ...

Recorded on: Aug. 8, 2013

SPEAKER 1: If I could have the panel for the next topic to come up, Don, and your group. ROBERT S. ARNS: How you doing, Arturo? I'm Bob. SPEAKER 1: Very good, sir. You're at the end. Yes. The whole hour. ROBERT S. ARNS: Guys, we're going to stay here, so I'm going to be doing the slides. SPEAKER 1: Why don't we put the PowerPoint up there, and then just leave it up there, and then they'll control it. WILMA J. GRAY: Good morning. SPEAKER 1: Good ...

Recorded on: Aug. 8, 2013

ARTURO J GONZALEZ: Good question-- the question that we got is, if plaintiff's counsel calls a defense witness first, can the defense counsel call the same witness in the defendant's case? It's a very good question. And the answer is probably yes, usually yes. But I want to explain to you why it's not just that simple. There's a tactical issue, and there's a practical one. The practical issue is, if the plaintiff is calling a witness that you as ...

Recorded on: Jul. 31, 2013

DEAN ERWIN CHEMERINSKY: In this hour, we're going to talk about the First Amendment. We're going to also talk about the marriage cases. With regard to the First Amendment, one of the cases that we're going to talk about was Clapper versus Amnesty International, which is about standing to challenge a provision of the Foreign Intelligence Surveillance Act that expanded the ability of the National Security Agency to listen in to conversations. As we ...

Recorded on: Jul. 31, 2013

ERWIN CHEMERINSKY: To the next topic on the agenda, which is race in the Constitution, voting rights, and affirmative action. But Ted, everything that you said certainly is a transition to that. And we'll have the opportunity to respond to your questions and others as we go along. We're going to divide this into two parts. Initially, we're going to talk about the Voting Rights Act, which we've already alluded to, Shelby County. But also there's an ...

Recorded on: Jul. 31, 2013

ERWIN CHEMERINSKY: Thank you so much. Oh, it's wonderful to be here. I want to start by thanking Janet Siegel and PLI for hosting this. One of the great pleasures of doing the program is getting to be with Marty and also our fellow panelists. I'm going to quickly introduce you to the other panelists. And I'm going to do very short bios because, otherwise, we would spend a lot of time going through their tremendous qualifications. And others will ...

Recorded on: Jul. 31, 2013

DEAN ERWIN CHEMERINSKY: Good afternoon. We begin now with the criminal cases in the term focus, especially on criminal procedure. Joining us for this and the afternoon is Sherry Colb. One of the greatest joys of being a law professor is watching the tremendous success of my students. And Sherry has overcome the obstacle of being my student, in Federal Courts. Sherry is a Professor of Law and the Charles Evans Hughes Scholar at Cornell Law School. ...

Recorded on: Jul. 31, 2013

DEAN ERWIN CHEMERINSKY: Our last hour focus on business and property interest, of course, that overlaps with what we were just talking about in terms of business liability under Title VII. Marty, you had some points that you wanted to make before we had to take our break. PROFESSOR MARTIN A. SCHWARTZ: Well, the two decisions in the Title VII cases that Ted was talking about, these are the type of decisions that to me drive me to poetry. Because-- PROFESSOR ...

Recorded on: Jul. 31, 2013

SPEAKER 1: We'll now move to the next part of the program where we're going to look at civil litigation dispute resolution. And I get the pleasure of welcoming Tom Merrill who has now joined us. Tom is the Charles Evan Hughes Professor at Columbia Law School. He's previously taught for many years at Northwestern University Law School and Yale Law School. He's published widely in the area of both property law and constitutional law. We're delighted ...

Recorded on: Jul. 29, 2013

ROBERT W. MURPHY: Hi, Bob Murphy again. And my presentation wrapping up today's seminar is on helping clients avoid getting run over. It's a primer on auto law. Before I get started, I have a little disclaimer. And I just put there because if I say something that's a little bit off-color with respect to a case, or perhaps with respect-- I don't say anything bad about the judge-- just remember it's with respect to me sometimes trying to be funny. ...

Recorded on: Jul. 29, 2013

ROBERT W. MURPHY: I'm going to first introduce Brian. I have to get his biography, although I know it by heart. Brian attended Vassar College, initially. And then he went on to Oberlin, graduated from Oberlin his bachelor's degree, and then went to Brooklyn Law School. That's his educational background. Brian is, I believe, argued from every circuit in the United States, with maybe one or two exceptions, the appellate level, repeatedly in front of ...

Recorded on: Jul. 29, 2013

ROBERT W. MURPHY: Thank you, Brian. Our next speaker is Amy Wells, and she's going to be speaking to you about the Fair Credit Reporting Act. Miss Wells is a founder of the Wells Law Office, a boutique consumer protection litigation firm base in Dayton, Ohio. She earned her JD and her MBA in a joint program at the University of Dayton School of Law. She dedicates her legal practice to consumer advocacy, including issues involving identity theft, ...

Recorded on: Jul. 23, 2013

C. BURR: Good afternoon and welcome back to the afternoon session of "Basics of Accounting for Lawyers." This afternoon, we start off with the section of "How Lawyers Can Use Accountants as Experts." And we're very fortunate to have with us this afternoon Matt Harrison, who is a partner with Latham & Watkins here in San Francisco and has done a tremendous amount of work representing accountants and accounting firms in malpractice ...

Recorded on: Jul. 11, 2013

ROBERT P. DEWITTE: Folks, why don't we get started again so we can get everybody out for lunch break on time. Folks? Hello? JAYNE GOLDSTEIN: I'm sure people on the web are listening. HOWARD S. SUSKIN: OK. For our next segment, we're going to be talking about class notice and claims administration. You've gotten a little bit of a sense, both from Professor Vairo as well as our last panel, about some of the problems that can come up with class notice ...

Recorded on: Jul. 11, 2013

GEORGENE VAIRO: Thank you. Don't shut me up though Howard, like that. That's not clear. But I do want to thank you both for having me back. And it certainly has been another really, really busy year for class actions, both at the Supreme Court level and in the lower courts. So in my first slide, which as you can see, I have violated every rule of good PowerPoint presentations by clogging it up with a lot of small words. But I think that just sort ...

Recorded on: Jul. 11, 2013

JAYNE GOLDSTEIN: We're now going to proceed with our Panel One objectors. And I'd like to introduce our panel. We have Linda Goldstein, a partner at Dechert. She's an experienced trial attorney who focuses her practice on securities, fraud claims, and other complex civil and commercial litigation matters. Next to her, we have Kellie Lerner. Kellie is a partner at Robins, Kaplan, Miller, and Ciresi. And she has over a decade of experience litigating ...

Recorded on: Jul. 11, 2013

JAYNE A. GOLDSTEIN: Our next panel is going to be a very interesting panel, because we're going to discuss three very important Supreme Court decisions that just came out that dramatically affect the landscape of class action litigation. And we're so pleased to have this distinguished panel, because all of them were involved in the case that they're going to discuss. And with a full disclosure, I was personally involved in the Comcast matter and the ...

Recorded on: Jul. 11, 2013

HOWARD S. SUSKIN: OK. Welcome back, everybody, for our final panel. And this, historically, has always been one of our more interesting panels. It's where we try our best, with the help of three very experienced class action lawyers, to predict what's next based on everything we've heard, the landscape of what's occurred over the past year, and how things have changed. What's our best predictions for what the future holds for class action practice? And ...