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: Depositions in Business Litigation - Learn strategies for securing the testimony you need in complex business cases.
Session 3: Taking the Deposition of a Corporate Representative - Explore using the organization representative deposition, one of the more effective discovery tools to use when seeking discovery from an organization. Learn the ins and outs of using FRCP 30b(6) and TRCP 199.2(b) to depose the organization (a party or non-party) through the organization-selected representative(s) on topics you delineate relevant to the claims and defenses in the lawsuit.
Session 4: 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 5: 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 6: Developing Your Trial Cross Through the Adverse Deposition - Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial.
Session 7: Preparing Your Witness for Deposition - 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 8: Corroborating Evidence: It’s Not Just a Swearing Match - Workplace disputes dismissed as “he-said, she-said” very often are in reality “he-said, she-said” plus some other evidence says. What is corroborating evidence to courts and juries in workplace discrimination and harassment cases?
Session 9: Anti-SLAPP for Everyone! - More and more states are adopting Anti-SLAPP legislation, and the broad approach taken by Texas under the TCPA suggests that even a tangential relationship between the communication and a matter of public concern is sufficient. So what is an attorney to do? Review the elements and limits of Anti-SLAPP litigation, and make sure you are prepared the next time a slap is on the horizon.
Session 10: 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 11: Class Action Employment Litigation: What's Left and What's New - Dukes, Epic Systems, and many other cases in the past decade have made class litigation extremely difficult in employment cases. Nonetheless, government agencies and private litigants are still filing a variety of class action discrimination cases and the prevalence of wage‑hour collective actions remain strong. Discuss the status of class and collective action employment litigation with a focus on recent developments impacting both the plaintiffs’ and defense bars.
Session 12: Settlement Documents: Lessons to Learn - Optimizing separation agreement and settlement language to protect client assets, compliance with restrictions on confidentiality provisions, and avoiding hidden “gotcha” mistakes.
Session 13: Ethics for Employment Lawyers: 2019 - Get updated on on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations.
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Total Credit Hours:
7.50 | 1.25 ethics
TX MCLE credit expires: