University of Texas School of Law

eCourse

Answer Bar: Going to Trial on an Employment Law Case (Oct 2017)

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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.
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Total Credit Hours:
8.50 | 1.75 ethics     Credit Info

TX MCLE credit expires: 1/31/2019

Includes: Video Audio Paper Slides

$305  

Preview Sessions
Credit Hours
1. Investigating Sensitive Employment Complaints (Oct 2017)

Connie L. Cornell

1.00 0.00 0.00 1.00  

Preview Session Materials

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for offline use.

Video (mp4) 56 mins
Audio (mp3) 55 mins
Paper (pdf) 40 pgs
Slides (pdf) 13 pgs

SESSION 1 — 56 mins, credit 1.00

Session 1:

Investigating Sensitive Employment Complaints (Oct 2017)

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. 

Originally presented at: Sep 2017 Essential Employment Law: A Practical Course in the Basics

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX

2. The TRO Process Explained (Oct 2016)

Steven L. Mierl

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 28 mins
Paper (pdf) 32 pgs
Slides (pdf) 6 pgs

Preview limited to first 5 slides
of 11
SESSION 2 — 28 mins, credit 0.50

Session 2:

The TRO Process Explained (Oct 2016)

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.
 

Originally presented at: Sep 2016 Essential Non-Compete and Trade Secret Law: A Practical Guide to Talent Management

Steven L. Mierl, Cornell Smith Mierl & Brutocao, LLP - Austin, TX

3. Fight at the TI Corral (Oct 2016)

Steven L. Mierl, William E. Hammel, Mark Temple

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 47 mins
Audio (mp3) 49 mins
Paper (pdf) 8 pgs
Slides (pdf) 9 pgs
Slides (pdf) 12 pgs

Preview limited to first 5 slides
of 41
SESSION 3 — 49 mins, credit 0.75

Session 3:

Fight at the TI Corral (Oct 2016)

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.

Originally presented at: Sep 2016 Essential Non-Compete and Trade Secret Law: A Practical Guide to Talent Management

Steven L. Mierl, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
William E. Hammel, Constangy, Brooks, Smith & Prophete, LLP - Dallas, TX
Mark Temple, Reed Smith LLP - Houston, TX

4. Trade Secrets: Texas Law and the New Federal Legislation (Oct 2016)

John C. C. Sanders Jr.

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 45 mins
Slides (pdf) 12 pgs

Preview limited to first 5 slides
of 23
SESSION 4 — 45 mins, credit 0.75

Session 4:

Trade Secrets: Texas Law and the New Federal Legislation (Oct 2016)

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.

Originally presented at: Sep 2016 Essential Non-Compete and Trade Secret Law: A Practical Guide to Talent Management

John C. C. Sanders Jr., Fish & Richardson P.C. - Dallas, TX

5. Taking Depositions in Business Cases (Sep 2017)

Karen C. Burgess

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 31 mins
Audio (mp3) 31 mins
Paper (pdf) 6 pgs
Slides (pdf) 21 pgs

SESSION 5 — 31 mins, credit 0.50

Session 5:

Taking Depositions in Business Cases (Sep 2017)

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. 
 

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Karen C. Burgess, Richardson + Burgess LLP - Austin, TX

6. Taking the Deposition of a Corporate Representative (Sep 2017)

Paul N. Gold

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 31 mins
Audio (mp3) 31 mins
Paper (pdf) 46 pgs
Slides (pdf) 40 pgs

SESSION 6 — 31 mins, credit 0.50

Session 6:

Taking the Deposition of a Corporate Representative (Sep 2017)

Review of the rules and discuss practical ways to maximize testimony from a corporate representative.

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Paul N. Gold, Aversano & Gold - Houston, TX

7. Nuts and Bolts When Deposing on Behalf of the Plaintiff (Sep 2017)

Linda Turley

0.50 0.00 0.00 0.50  

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for offline use.

Video (mp4) 31 mins
Audio (mp3) 31 mins
Paper (pdf) 13 pgs
Slides (pdf) 6 pgs

SESSION 7 — 31 mins, credit 0.50

Session 7:

Nuts and Bolts When Deposing on Behalf of the Plaintiff (Sep 2017)

When representing the Plaintiff: essential steps for a successful deposition of defendant’s expert, a witness or the defendant. 
 

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Linda Turley, Turley Law Firm - Dallas, TX

8. Beating the Expert (Sep 2017)

Quentin Brogdon

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 43 mins
Audio (mp3) 43 mins
Paper (pdf) 29 pgs
Slides (pdf) 29 pgs

SESSION 8 — 43 mins, credit 0.75

Session 8:

Beating the Expert (Sep 2017)

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."

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Quentin Brogdon, Crain Lewis Brogdon, LLP - Dallas, TX

9. Developing Your Trial Cross Through the Adverse Deposition (Sep 2017)

Dawn Estes

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 33 mins
Audio (mp3) 33 mins
Paper (pdf) 11 pgs
Slides (pdf) 9 pgs

SESSION 9 — 33 mins, credit 0.50

Session 9:

Developing Your Trial Cross Through the Adverse Deposition (Sep 2017)

Discover effective techniques for getting the answers you need from an adverse witness.

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Dawn Estes, Estes Thorne & Carr, PLLC - Dallas, TX

10. Witness Preparation (Sep 2017)

Robert C. Walters

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 27 mins
Audio (mp3) 27 mins
Paper (pdf) 5 pgs
Slides (pdf) 1 pgs

SESSION 10 — 27 mins, credit 0.50

Session 10:

Witness Preparation (Sep 2017)

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.

Originally presented at: Aug 2017 Winning at Deposition: Skills and Strategy

Robert C. Walters, Gibson, Dunn & Crutcher LLP - Dallas, TX

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

Susan E. Hutchison

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 25 mins
Paper (pdf) 45 pgs

SESSION 11 — 25 mins, credit 0.50

Session 11:

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 at: Jun 2017 Labor and Employment Law Conference

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

12. Communication with Adverse Parties (Jul 2017)

Victoria Martin Phipps

0.50 0.50 0.00 0.50 | 0.50 ethics  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 29 mins
Slides (pdf) 17 pgs

SESSION 12 — 29 mins, credit 0.50 | 0.50 ethics

Session 12:

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 at: Jun 2017 Labor and Employment Law Conference

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

13. Bad Lawyering Caught on Tape (Oct 2014)

Adam T. Schramek

0.50 0.50 0.00 0.50 | 0.50 ethics  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 29 mins
Paper (pdf) 8 pgs

SESSION 13 — 29 mins, credit 0.50 | 0.50 ethics

Session 13:

Bad Lawyering Caught on Tape (Oct 2014)

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.

Originally presented at: Oct 2014 Civil Litigation Conference

Adam T. Schramek, Norton Rose Fulbright - Austin, TX

14. Lawyer Disqualification: Recent Developments & Practical Tips (Nov 2016)

Charles Herring Jr., Gaines F. West II

0.75 0.75 0.00 0.75 | 0.75 ethics  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 41 mins
Paper (pdf) 52 pgs

SESSION 14 — 41 mins, credit 0.75 | 0.75 ethics

Session 14:

Lawyer Disqualification: Recent Developments & Practical Tips (Nov 2016)

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. 

Originally presented at: Oct 2016 Civil Litigation Conference

Charles Herring Jr., Herring & Panzer, L.L.P. - Austin, TX
Gaines F. West II, West Webb Allbritton & Gentry P C - College Station, TX