On-Demand Learning

Litigation

Transcripts

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

A. THOMPSON BAYLISS: So name that judge who said the following, "I'm just going to confess out loud that I have reached the point in my career of what I will call 'disclosure fatigue.' That is the struggle that the court goes through to try to figure out what information, about a target's financial advisor's analysis, needs to be disclosed to stockholders." Well everybody's voting. I'll just ask the panel, who here suffers from disclosure ...

Recorded on: Jun. 21, 2013

THEODORE O. ROGERS: All right. We're ready to start again. Thank you for being timely in getting back by 1:45. Our next session is on retaliation claims. This is my favorite song lyric-- and it's Anne's suggestion-- "every breath you take, I'll be watching you." Because, as we'll discuss a little bit more, people who have made complaints and stay in the workforce probably do have the point of view that there are people out there with that ...

Recorded on: Jun. 21, 2013

THEODORE O. ROGERS, JR: I'd clink a glass but it doesn't work on the paper cup, so we'll just-- whoops there it goes. Anne's going to introduce our next distinguished panel, but I did want to note that one of the challenges of holding this within the 10 days at the end of the Supreme Court's term is that there can be breaking news. And there's a decision that was issued this morning by the Supreme Court, which our panelists are going to describing ...

Recorded on: Jun. 11, 2013

J. ANTHONY BOWEN: OK. For our next panel, we have two presenters. One of our presenters will be joining us via conference call, and so he will be on the phone. And we have Steven Hunter is here, who will be live. And so I'll start by introducing our conference call participant faculty, and that is Joseph DeMarco. Joseph is a partner at DeVore & DeMarco LLP, where he specializes in litigating and counseling on complex issues involving information ...

Recorded on: Jun. 11, 2013

PHILIP M. BERKOWITZ: OK. We're going to move right into our next panel. And let me make the introductions, please. There are fewer panelists on this one, but I think you'll agree that there's much more brainpower, frankly, on this panel than the last one. I think they've all left. Let me make the quick introductions, please. I'd like to start. To my immediate right is Don Dowling. Don Dowling is really a legend in this field. I've known him for ...

Recorded on: Jun. 11, 2013

JOHAN LUBBE: Thank you, Phil. Good morning, everyone. Our task as the first panel is to address cross-border assignments and employment agreements. I am equally very pleased and honored to have a number of very well-known international employment lawyers on the panel. They are all greatly appreciated and recognized in their jurisdictions as employment lawyers who focus on cross-border issues. I'm going to be introduced them very briefly but invite ...

Recorded on: Jun. 5, 2013

KIRSTEN S. AUNAPU: OK, great. Welcome back to day two of PLI's Pocket MBA Finance for Attorneys. And we're going to start off today with a session on the basics of valuation, principles, and methodology. So please welcome back Ken Herzinger to the panel. He's been the speaker on this topic for the past couple of years, and we're happy to have him again. Ken is a partner in Orrick's San Francisco office, is a member of the securities litigation, and ...

Recorded on: Jun. 5, 2013

RAJ TANDEN: All right. So we're going to get started here. We're on to our last panel, which is Closing Business Transactions. We have Andrew Wiederhorn, who is the CEO of Fatburger. Previously, Andy founded and served as the CEO of Wilshire Credit Corporation, and by the age of 32 amassed a fortune estimated to be worth $140 million. From there, he founded Fogcutter Capital Group, which invested in a diverse range of equity, corporate, debt, and ...

Recorded on: Jun. 3, 2013

GREGORY P. WILLIAMS: So let's start with the defensive mechanism of the year. Every year it seems like there's some little deal protection mechanism that gets a lot of publicity, gets a lot of attention in the case law. This past year it's been don't ask, don't waive standstills. And Ted will it take us through that topic. THEODORE N. MIRVIS: Thank you, Greg. I think it is fair to say that don't ask, don't waive is perhaps the sleeper series winner ...

Recorded on: May. 9, 2013

J. THOMAS ROSCH: Final panel. For our final panel, we're going to hear from Robbie Robertson and Nate Eimer. And I happen to know Robbie personally, because he was the FTC's principle litigation lawyer for a number of years while I was there. He litigated in one, the CCC Mitchell case, which has just been discussed, Polypore case, which has not been discussed, Chicago Bridge, which has not been discussed. He graduated from VMI and the University ...

Recorded on: May. 1, 2013

JONATHAN K. YOUNGWOOD: --panel of the day is not on a specific part of the case, as the prior panels have all been. It's a panel that's going to focus on an ethical issues that really surround each of the topics that we've talked about today. And you actually may see that some of the things we discuss have in some way or another been discussed by earlier panels. But we're going to try and take a different angle on them. We're going to really focus ...

Recorded on: May. 1, 2013

JONATHAN YOUNGWOOD: OK, we'll get started on our next panel. So we heard in the mediation panel that the plaintiffs are willing to try this case. That's the posture they're going to take. They're not afraid of going to trial on this. And so our next panel is going to talk about all those trial issues. Now some of that is, of course, the actual trial itself, if it gets there. But there's also a lot of things that go into before you actually get into ...

Recorded on: May. 1, 2013

JONATHAN K. YOUNGWOOD: So most of these things don't begin and end with the discovery of the press release, or the press story with the regulatory investigation. Any company that's experienced what this company just experienced is, without fail, going to face civil litigation, as well. And the rest of the day is really largely going to focus on that, although, keeping in the back of our minds that there's an ongoing regulatory investigation. And ...

Recorded on: May. 1, 2013

BRAD S. KARP: Thank you, very much, Lyle. The first issue, I should begin by saying, this fact pattern is not at all unusual. These are the sorts of situations we often find ourselves being called into. And the progression of the facts, likewise, is not all that unusual. And this is what presents the greatest challenge. You get a situation, you get a phone call, you are told about a problem. You don't know whether it's a little problem, medium sized ...

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 ...

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: Apr. 15, 2013

BURTON N. LIPSHIE: OK, end of play time. Back to work. You gotta earn those credits. You can't just sit there and get credits. You gotta earn them. You have to listen to this drivel for another hour and a half. OK, so the statute of limitations for breach of contract is six years, unless you're talking about a sale of goods, in which case it's four years. But other than that, breach of contract is six years. When does it run from? It runs from the ...

Recorded on: Apr. 15, 2013

BURTON N. LIPSHIE: Good afternoon, CPLR fans. Do not, please-- I mean we're here together for four hours. You need to get double-- can you give them double credit for sitting through four hours? No, you can't. But if there are any questions that pop into your head at any point during this thing, don't hesitate to interrupt me. And have for those of you out there in television land, I understand there's a mechanism by which you can email questions ...

Recorded on: Mar. 27, 2013

KYLA RATLIFF: Hello, everyone. Thank you for coming this afternoon. During the first section of today's training, I wanted to just give a very brief overview of the eligibility process for Social Security disability benefits and supplemental Security income. And also talk about the application process and the appeal process for claimants who are denied at the initial application stage. So there's a lot of material to cover in this first section. Just ...

Recorded on: Mar. 27, 2013

ANNE CALLAGY: My name is Anne Callagy, and I'm going to be talking about the Appeals Council review of ALJ decisions. I think, at the moment, we have the wrong PowerPoint up on the screen. I think we have jumped to Part 3. KYLA L. RATLIFF: All right. ANNE CALLAGY: There we go. So, you know, we're going in order of the administrative process. So Kyla has just gone through the initial application through the ALJ hearing. And then you get a decision ...

Recorded on: Mar. 21, 2013

DAVID GOSSETT: As I said at the beginning of this afternoon, brief writing is one of the most important parts of oral argument-- of appellate advocacy. Oral argument is clearly the other most important part of oral advocacy. And you are in for a real treat now to have Roy Englert and Kevin Newsom here to discuss oral advocacy with us. Roy is one of the founding partners of Robbins Russell Englert Orseck Untereiner & Sauber in DC, which is a small ...

Recorded on: Mar. 21, 2013

JANET SIEGEL: It is now my pleasure to introduce to you the chair of this afternoon's program. David Gossett serves as the assistant general counsel for litigation at the Consumer Financial Protection Bureau, where he leads the group of lawyers who defend the Bureau in litigation, as well as handling all appellate and amicus litigation for the bureau. Previously, he was a partner in the Supreme Court and appellate litigation practice at Mayer Brown. ...

Recorded on: Mar. 19, 2013

SPEAKER 1: Our next panel is evidence for social media. So this is a little bit of a different angle than we were talking about with the first panelists. And one of the panelists will be my partner, Francesca Morris. Francesca is a partner at Holland & Knight. Her practices include litigation and dispute resolution, international litigation and arbitration, bankruptcy, restructuring and creditors rights. She advises and represents foreign and ...

Recorded on: Mar. 19, 2013

RICHARD RAYSMAN: OK, we're back. And we're back online, as well. Our next topic is attorneys and social media. And there are just two speakers-- myself and Ignatius Grande, who is to my right, your left, who's a senior e-discovery attorney and director of the practice support at Hughes Hubbard & Reed. In his role, at Hughes Hubbard, Ignatius develops and implements strategies to ensure that the firm's clients receive the highest quality of litigation ...