Why you should attend
Pretrial practice in federal civil litigation has undergone tremendous change. 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. What does the changing nature of pretrial practice in litigation mean for your practice? 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
- Planning the litigation
- Investigating the facts and the law
- Pleading your case
- Pretrial motions
- Settlement strategies
Who should attend
This program will benefit attorneys who are not yet experienced litigators familiar with the ins and outs of pretrial practice.
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
Hon. Sidney H. Stein, Ariana J. Tadler, 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
Nancy Axilrod, David A. Crichlow, Hon. Holly B. Fitzsimmons, Rowan D. Wilson
11:15 Networking Break
11:30 Preliminary Remedies and Summary Judgment Motions & Preparing Discovery Demands and Discovery Responses
- Preliminary Remedies and Summary Judgment
- Expedited treatment
- TROs and preliminary injunctions
- Motions for summary judgment
- E-filing issues: practical tips and differing rules
- Preparing Discovery Demands and Discovery Responses
- Preparing for the initial meeting
- Preparing discovery demands
- Responding to discovery demands
William M. Bloss, Robert S. Fischler, Hon. James C. Francis IV, Michele Gapinski, Robert T. Westrom
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. Nina Gershon, Hon. Steven M. Gold, 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 S. Crawford, Hon. Michael A. Hammer, Jonathan J. Ross, Margaret L. 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
Nancy Axilrod ~ Vice President, Deputy General Counsel, Coach, Inc.
Michele Gapinski ~ Chief Deputy for Court Operations, United States District Court, Eastern District of New York
Hon. Nina Gershon ~ United States District Judge, United States District Court, Eastern District of New York
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
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
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.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.