On-Demand Learning

Transcripts

Litigation

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 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

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

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

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

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: 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

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. 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. 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

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 ...

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. 18, 2013

EDWIN SMITH: It's very important that you do the evaluations. We look at those every year to try to determine who to keep on the panel and who to throw off. I'd now like to introduce, as my colleague on this session, June Basden, from Carruthers & Roth in Greensboro. JUNE BASDEN: And that's Greensboro, North Carolina. EDWIN SMITH: There we go. Right. And so we're here to talk about bankruptcy related issues for asset-based lenders. We're going ...

Recorded on: Mar. 15, 2013

CYRUS D. MEHTA: All right. Great. So we are now ready to start the next session, the immigrant or permanent visa categories that lead to lawful permanent residency, or the green card. And we again have a very distinguished panel who have been doing it for many years. Deborah Notkin is a partner with the firm of Barst, Mukamal & Kleiner, and maintains a large international and National Immigration practice. She is the past president of the American ...

Recorded on: Mar. 15, 2013

BARRY P. BARBASH: This morning we're starting with the topic of litigation in the investment management, the asset management area. It's been a busy year. I would venture to say a little bit toned down from a couple of years past, although, we'll see whether that's really the case from the experts. I'm joined today by two very prominent litigators in the asset management area and two good friends of mine. To my immediate right is Jim Benedict, a ...

Recorded on: Mar. 15, 2013

CYRUS D. MEHTA: OK, so we'll get moving with the next panel. We spoke about how people get into removal and deportation proceedings. This panel will generally speak about how people can seek relief from removal and deportation. And just relief in general, because asylum can be sought even administratively outside the removal context. So we do have a great panel. And it's going to be a long panel-- 1 hour, 15 minutes. Each speaker will have 25 minutes ...

Recorded on: Mar. 15, 2013

CYRUS D. MEHTA: All right, so in the next one hour, we are going to discuss nonimmigrant visa categories. So remember, I told you that you can either be an immigrant or a nonimmigrant. So let's start with, who are the nonimmigrants, and what visas are applicable to them? And we have an extremely distinguished panel who have been doing it before for years. So they're not only seasoned practitioners, but they're also seasoned presenters at PLI conferences. So ...

Recorded on: Mar. 15, 2013

CYRUS D. MEHTA: Hello, everybody. I'm glad you've come back and we're going to have our next session, post-lunch session. The morning session essentially focused on how to bring people into the United States, either on temporary visas, as well as on immigrant visas, and how they would ultimately get green cards. This session will be the exact opposite. It will focus on how to represent and defend people who are either being removed from the United ...

Recorded on: Mar. 14, 2013

AMY TAUB: Thank you. Hello, my name is Amy Taub. And I'm a program attorney with PLI. I would like to welcome you to today's briefing, Mediation and Settlement--Real World Strategies. 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 access to materials for this briefing via the Question tab in the program ...

Recorded on: Mar. 13, 2013

GERALD A. STEIN: OK, thanks very much everybody. We're going to try to keep this rolling on time. The first panel, we talked mainly about preparing yourself for taking a deposition. And we're going to switch gears a little bit now, and talk about how you prepare the witness, and defend a deposition. So with us now are two phenomenal litigators. I've known Lori Pine since the days I had more hair. And I've known Hillary actually from this panel. So ...

Recorded on: Mar. 13, 2013

GERALD STEIN: OK, we're going to move right into our next panel. And I wasn't kidding. That was an excellent segue to our next panel, because Lauren Aguiar and Michael Paskin are going to talk about how to use the deposition transcripts, both in the summary judgment context and at trial. Lauren is a litigation partner at Skadden Arps and has vast litigation experience, which you can, again, reference in your materials. And Michael Paskin is a partner ...

Recorded on: Mar. 13, 2013

SPEAKER 1: Well, thank you everyone for coming back. We hope you enjoyed the morning session. And we're going to shift gears a little bit in the afternoon session. And whereas in the morning, we talked about preparing and defending fact witnesses, this afternoon we're starting off with a panel on expert depositions. And we have three terrific panelists for that. Carla Mulhern actually is an expert witness. And she's an economist at Analysis Group. ...