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Litigation Strategies: Discovery Advances, Social Media, Non-Competes, and Adverse Communication

Contains material from Jul 2017

Litigation Strategies: Discovery Advances, Social Media, Non-Competes, and Adverse Communication
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Session 1: What's New in Seeking, Getting, and Using Discovery - Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules.
 
Session 2: Social Media as a Tool for Evidence - Social media is growing increasingly prevalent as a source of evidence in employment law cases, if you can discover it and get it admitted. Review ethical discovery methods related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
 
Session 3: Non-Competes Under Attack - State-level initiatives are making it more challenging to establish and enforce non-competes in many jurisdictions. Hear a discussion about evolving strategies for multi-state employers looking to establish and enforce non-compete regimes.
 
Session 4: Communication with Adverse Parties - How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules.

Includes: Audio Paper Slides


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1. What's New in Seeking, Getting, and Using Discovery (Jul 2017)

Susan E. Hutchison

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(mp3)
25 mins
(pdf)
45 pgs
Session 1 —25 mins
What's New in Seeking, Getting, and Using Discovery (Jul 2017)

Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules. 

Originally presented: Jun 2017 Labor and Employment Law Conference

Susan E. Hutchison, Hutchison & Stoy, PLLC - Fort Worth, TX

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2. Social Media as a Tool for Evidence (Jul 2017)

Michael J. Golden

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(mp3)
31 mins
(pdf)
63 pgs
(pdf)
17 pgs
Session 2 —31 mins
Social Media as a Tool for Evidence (Jul 2017)

Social media is growing increasingly prevalent as a source of evidence in employment law cases, if you can discover it and get it admitted. Review ethical discovery methods related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.

Originally presented: Jun 2017 Labor and Employment Law Conference

Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

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3. Non-Competes Under Attack (Jul 2017)

Sean M. Becker

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(mp3)
30 mins
(pdf)
27 pgs
(pdf)
10 pgs
Session 3 —30 mins
Non-Competes Under Attack (Jul 2017)

State-level initiatives are making it more challenging to establish and enforce non-competes in many jurisdictions. Discuss evolving strategies for multi-state employers looking to establish and enforce non-compete regimes.

Originally presented: Jun 2017 Labor and Employment Law Conference

Sean M. Becker, Vinson & Elkins LLP - Houston, TX

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4. Communication with Adverse Parties (Jul 2017)

Victoria Martin Phipps

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(mp3)
29 mins
(pdf)
17 pgs
Session 4 —29 mins
Communication with Adverse Parties (Jul 2017)

How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules. 

Originally presented: Jun 2017 Labor and Employment Law Conference

Victoria Martin Phipps, Littler Mendelson P.C. - Houston, TX