University of Texas School of Law

eCourse

Answer Bar: Going to Trial on an Employment Law Case

Contains material from Jul 2017 to Jan 2020

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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: 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 DukesEpic 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     Credit Info

TX MCLE credit expires: 2/28/2021

Includes: Video Audio Paper Slides

$265  

Preview Sessions
Credit Hours
1. Investigating Sensitive Employment Complaints​ (Sep 2019)

Connie L. Cornell

0.75 0.00 0.00 0.75  

Preview Session Materials

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for offline use.

Video (mp4) 52 mins
Audio (mp3) 52 mins
Paper (pdf) 32 pgs
Slides (pdf) 13 pgs

SESSION 1 — 52 mins, credit 0.75

Session 1:

Investigating Sensitive Employment Complaints​ (Sep 2019)

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: Aug 2019 Essential Employment Law: A Practical Course in the Basics

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

2. Depositions in Business Litigation (Jan 2020)

Karen C. Burgess

0.50 0.00 0.00 0.50  

Preview Session Materials

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for offline use.

Video (mp4) 29 mins
Audio (mp3) 29 mins
Paper (pdf) 6 pgs
Slides (pdf) 20 pgs

SESSION 2 — 29 mins, credit 0.50

Session 2:

Depositions in Business Litigation (Jan 2020)

Discuss strategies for securing the testimony you need in complex business cases.

Originally presented at: Nov 2019 Winning at Deposition: Skills and Strategy

Karen C. Burgess, Burgess Law PC - Austin, TX

3. Taking the Deposition of a Corporate Representative (Jan 2020)

Paul N. Gold

0.50 0.00 0.00 0.50  

Preview Session Materials

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for offline use.

Video (mp4) 38 mins
Audio (mp3) 37 mins
Paper (pdf) 104 pgs
Slides (pdf) 46 pgs

SESSION 3 — 38 mins, credit 0.50

Session 3:

Taking the Deposition of a Corporate Representative (Jan 2020)

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.

Originally presented at: Nov 2019 Winning at Deposition: Skills and Strategy

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

4. 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 4 — 31 mins, credit 0.50

Session 4:

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

5. Beating the Expert (Sep 2017)

Quentin Brogdon

0.75 0.00 0.00 0.75  

Preview Session Materials

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for offline use.

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

SESSION 5 — 43 mins, credit 0.75

Session 5:

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

6. Developing Your Trial Cross Through the Adverse Deposition (Jan 2020)

Elizabeth M. Fraley

0.50 0.00 0.00 0.50  

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for offline use.

Video (mp4) 26 mins
Audio (mp3) 26 mins
Slides (pdf) 6 pgs

SESSION 6 — 26 mins, credit 0.50

Session 6:

Developing Your Trial Cross Through the Adverse Deposition (Jan 2020)

Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial.

Originally presented at: Nov 2019 Winning at Deposition: Skills and Strategy

Elizabeth M. Fraley, Baylor Law School - Waco, TX

7. Preparing Your Witness for Deposition (Jan 2020)

Manpreet Kaur Singh

0.50 0.00 0.00 0.50  

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for offline use.

Video (mp4) 28 mins
Audio (mp3) 28 mins
Paper (pdf) 5 pgs

SESSION 7 — 28 mins, credit 0.50

Session 7:

Preparing Your Witness for Deposition (Jan 2020)

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: Nov 2019 Winning at Deposition: Skills and Strategy

Manpreet Kaur Singh, Fanaff, Hoagland, and Gonzales - Houston, TX

8. Corroborating Evidence: It’s Not Just a Swearing Match (May 2019)

Jim Sanford

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 29 mins
Paper (pdf) 38 pgs
Slides (pdf) 37 pgs

SESSION 8 — 29 mins, credit 0.50

Session 8:

Corroborating Evidence: It’s Not Just a Swearing Match (May 2019)

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?

Originally presented at: May 2019 Labor and Employment Law Conference

Jim Sanford, Gillespie Sanford LLP - Dallas, TX

9. Anti-SLAPP for Everyone! (May 2019)

Robert E. Sheeder

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) 25 pgs
Slides (pdf) 16 pgs

SESSION 9 — 28 mins, credit 0.50

Session 9:

Anti-SLAPP for Everyone! (May 2019)

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.

Originally presented at: May 2019 Labor and Employment Law Conference

Robert E. Sheeder, Bracewell - Dallas, TX

10. 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 10 — 29 mins, credit 0.50 | 0.50 ethics

Session 10:

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

11. Class Action Employment Litigation: What's Left and What's New (May 2019)

John V. Jansonius

0.50 0.00 0.00 0.50  

Preview Session Materials

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for offline use.

Audio (mp3) 32 mins
Paper (pdf) 19 pgs
Slides (pdf) 10 pgs

SESSION 11 — 32 mins, credit 0.50

Session 11:

Class Action Employment Litigation: What's Left and What's New (May 2019)

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.

Originally presented at: May 2019 Labor and Employment Law Conference

John V. Jansonius, Jackson Walker LLP - Dallas, TX

12. Settlement Documents: Lessons to Learn (Jun 2019)

Laura M. Merritt

0.75 0.00 0.00 0.75  

Preview Session Materials

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for offline use.

Video (mp4) 44 mins
Audio (mp3) 44 mins
Paper (pdf) 14 pgs
Slides (pdf) 8 pgs

SESSION 12 — 44 mins, credit 0.75

Session 12:

Settlement Documents: Lessons to Learn (Jun 2019)

Optimizing separation agreement and settlement language to protect client assets, compliance with restrictions on confidentiality provisions, and avoiding hidden “gotcha” mistakes.

Originally presented at: May 2019 Labor and Employment Law Conference

Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

13. Ethics for Employment Lawyers: 2019 (Jun 2019)

Dennis P. Duffy

0.75 0.75 0.00 0.75 | 0.75 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 55 mins
Audio (mp3) 55 mins
Paper (pdf) 152 pgs
Slides (pdf) 13 pgs

SESSION 13 — 55 mins, credit 0.75 | 0.75 ethics

Session 13:

Ethics for Employment Lawyers: 2019 (Jun 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.

Originally presented at: May 2019 Labor and Employment Law Conference

Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX