Answer Bar: Going to Trial on an Employment Law Case

Session 1: Investigating Sensitive Employment Complaints - The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process.

Session 2: The TRO Process Explained - The temporary injunction hearing is the key moment in non-compete enforcement. Get practical tips on what you need to establish, and specifically what constitutes imminent irreparable harm.

Session 3: Fight at the TI Corral - The temporary injunction (TI) fight is an essential step in non-compete litigation, but it comes early in the process and litigants can get caught unprepared! Many lawyers express that a case may be won or lost at this early stage.  How does this hearing differ from the TRO hearing? What should litigants do to prepare for success at this critical hearing? What are the anticipated issues and arguments? Learn how to avoid the traps and set yourself up for an effective litigation.

Session 4: Trade Secrets: Texas Law and the New Federal Legislation - An in-depth look at the Texas Uniform Trade Secrets Act and new federal Defend Trade Secrets Act, and what they mean for your business.

Session 5: Taking Depositions in Business Cases - Strategies for deposition-taking in business cases, including who to depose first, deposing corporate executives, and how to make sure you have the testimony you need in a complex business case.

Session 6: Taking the Deposition of a Corporate Representative - Review of the rules and a discussion about practical ways to maximize testimony from a corporate representative.

Session 7: Nuts and Bolts When Deposing on Behalf of the Plaintiff - When representing the Plaintiff: essential steps for a successful deposition of defendant’s expert, a witness or the defendant.

Session 8: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert."

Session 9: Developing Your Trial Cross Through the Adverse Deposition - Discover effective techniques for getting the answers you need from an adverse witness.

Session 10: Witness Preparation - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial.

Session 11: 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 12: 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.

Session 13: Bad Lawyering Caught on Tape - An entertaining and educational review of some of the best deposition misconduct tapes found online. As you watch video clips documenting attorneys who mistreat others, discredit themselves and mock their licenses, explore better ways to maintain decorum and ethical conduct. Armed with the Texas Disciplinary Rules and Lawyer's Creed, sort through what happened, what it means and how you can be different.

Session 14: Lawyer Disqualification: Recent Developments & Practical Tips - Motions to disqualify counsel continue to proliferate. Consequences can be severe for lawyers and clients. The client can lose counsel of choice, and the lawyer can lose the client and potentially face liability claims and disciplinary problems. Review recent disqualification decisions and discuss practical tips for litigating disqualification motions.

Includes: Video Audio Paper Slides