This is a webcast of the live New York session.Why you should attend
As fewer civil cases are tried, the staples of pretrial practice - pleadings, motions to dismiss, discovery,
Daubert motions, summary judgment, and settlement - have replaced trials as the focus of litigation. Join our faculty of experienced plaintiffs’ and defense attorneys, and inside counsel and judges as they review what you need to know to succeed at this increasingly important stage of litigation.
What you will learn
- How to plan the litigation
- How to accurately investigate the facts and the law
- How to maximize your use of pretrial motions to give your case an advantage
- How to explore settlement strategies that will benefit your case and your clients
Who should attend
This program will benefit attorneys who are not yet experienced litigators familiar with the ins and outs of pretrial practice.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
Morning Session: 9:00 a.m. - 12:45 p.m.
9:00 Introduction
David G. Keyko
9:15 Preparing to File a Lawsuit
- Collecting and preserving relevant documentary evidence
- Collecting evidence from potential witnesses (client and third party)
- Initial contact with the opposition
- Deciding where to sue
- Drafting a complaint
Gary L. Shockey, Hon. Sidney H. Stein, John M. Toriello
10:15 Responding to a Complaint
- Collecting and preserving relevant documentary evidence
- Collecting evidence from potential witnesses (client and third party)
- Initial contact with the opposition
- Considering counterclaims
- Drafting an answer
- Filing a motion to dismiss
David A. Crichlow, Hon. William F. Kuntz, II, Rowan D. Wilson
11:15 Networking Break
11:30 Preliminary Remedies and Summary Judgment Motions
- Expedited treatment
- TROs and preliminary injunctions
- Motions for summary judgment
- E-filing issues: practical tips and differing rules
Lauren E. Aguiar, Robert S. Fischler, Eric Fishman, Hon James C. Francis IV
12:30 Preparing Discovery Demands and Discovery Responses
- Preparing for the initial meeting
- Preparing discovery demands
- Responding to discovery demands
Lauren E. Aguiar, Robert S. Fischler, Eric Fishman, Hon James C. Francis IV
12:45 Lunch
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Depositions
- Fast track discovery
- What depositions to take
- Which witnesses to represent
- What questions to ask and what not to ask
- Time limits
- What potential witnesses may a lawyer contact before a deposition?
Sander Bak, Hon. Steven M. Gold, David W. Ichel
2:45 Use of Experts
- When to retain experts
- What type of experts to use
- Testifying vs. consulting experts
- Protecting expert communications
- Preparing expert reports
- Taking discovery of experts
- Daubert motions
Lucy P. Allen, Hon. Holly B. Fitzsimmons, John Halebian, Jeffrey T. Scott
3:45 Networking Break
4:00 Settlement
- When and how to begin settlement talks
- The use of mediation - court-annexed and private
- Developing a negotiating strategy
- The need for separate settlement counsel
- Ensuring confidentiality of settlement discussions
- What is proper bluffing and what is impermissible?
Marla Alhadeff Kelly Strange Crawford, Hon. Michael A. Hammer, Jonathan Ross, Margaret Shaw
5:00 Program Adjourns
Chairperson(s)
Speaker(s)
Marla Alhadeff ~ Global Head of Civil Litigation and Associate General Colunsel, The Bank of New York Mellon
Hon. Steven M. Gold ~ Magistrate Judge, United States District Court, Eastern District of New York
Hon. Sidney H. Stein ~ United States District Judge, United States District Court, Southern District of New York
Program Attorney(s)
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.