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eCourse

Answer Bar: Going to Trial on an Employment Law Case

Contains material from Jul 2017 to Oct 2021

Answer Bar: Going to Trial on an Employment Law Case
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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: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes.

Session 3: Depositions in Business Litigation - Discuss strategies for securing the testimony you need in complex business cases.

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: Deposing for the Defendant - Effective deposition preparation and technique help achieve the dual goals of securing important admissions and discovering the Plaintiff’s case such that the Defendant is not surprised at trial. This topic covers best practices for both aspects of taking depositions on behalf of a defendant.

Session 6: 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 7: 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 8: 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 9: 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 10: 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 11: 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 12: Top Drivers of Large Employee-Plaintiff Verdicts - What happens at the workplace, before litigation, that drives large employee-plaintiff verdicts? What happens during the lawsuit that drives large employee-plaintiff verdicts? Understanding these drivers can help those on the worker-side develop a case toward a large verdict and help those on the management-side take action to avoid or limit a large verdict.

Session 13: Ethics for Employment Attorneys: Am I Your Lawyer? - Explore the point at which an attorney-client relationship forms, with particular reference to employment attorneys on both the plaintiff and defense side. Discussion includes casual conversation, client intake, the effect and importance of disclaimers, and the risk of individual representation of corporate agents.

Includes: Video Audio Paper Slides


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1. Investigating Sensitive Employment Complaints​ (Oct 2021)

Connie L. Cornell

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(mp4)
59 mins
(mp3)
58 mins
(pdf)
22 pgs
(pdf)
13 pgs
Session 1 —59 mins
Investigating Sensitive Employment Complaints​ (Oct 2021)

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: Aug 2021 Essential Employment Law: A Practical Course in the Basics

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

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2. Whistleblowers (Jun 2021)

Drew L. Harris, Austin Kaplan

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
18 pgs
(pdf)
12 pgs
Session 2 —45 mins
Whistleblowers (Jun 2021)

A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes.

Originally presented: May 2021 Labor and Employment Law Conference

Drew L. Harris, Office of the Attorney General - Austin, TX
Austin Kaplan, Kaplan Law Firm - Austin, TX

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3. Depositions in Business Litigation (Jun 2021)

Karen C. Burgess

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(mp4)
32 mins
(mp3)
31 mins
Paper
(pdf)
6 pgs
(pdf)
21 pgs
Session 3 —32 mins
Depositions in Business Litigation (Jun 2021)

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

Originally presented: Apr 2021 Winning at Deposition: Skills and Strategy

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

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

Linda Turley

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
13 pgs
Slides
(pdf)
6 pgs
Session 4 —31 mins
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: Aug 2017 Winning at Deposition: Skills and Strategy

Linda Turley, Turley Law Firm - Dallas, TX

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5. Deposing for the Defendant (Jun 2021)

Elizabeth M. Fraley

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(mp4)
31 mins
(mp3)
30 mins
(pdf)
12 pgs
Session 5 —31 mins
Deposing for the Defendant (Jun 2021)

Effective deposition preparation and technique help achieve the dual goals of securing important admissions and discovering the Plaintiff’s case such that the Defendant is not surprised at trial. This topic covers best practices for both aspects of taking depositions on behalf of a defendant.

Originally presented: Apr 2021 Winning at Deposition: Skills and Strategy

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

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6. Beating the Expert (Jun 2021)

Quentin Brogdon

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(mp4)
47 mins
(mp3)
46 mins
(pdf)
29 pgs
(pdf)
36 pgs
Session 6 —47 mins
Beating the Expert (Jun 2021)

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: Apr 2021 Winning at Deposition: Skills and Strategy

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

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

Jim Sanford

0.50 0.00 0.00
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(mp3)
29 mins
(pdf)
37 pgs
Session 7 —29 mins
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: May 2019 Labor and Employment Law Conference

Jim Sanford, Gillespie Sanford LLP - Dallas, TX

Show session details

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

Robert E. Sheeder

0.50 0.00 0.00
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(mp3)
28 mins
(pdf)
25 pgs
(pdf)
16 pgs
Session 8 —28 mins
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: May 2019 Labor and Employment Law Conference

Robert E. Sheeder, Bracewell - Dallas, TX

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9. Communication with Adverse Parties (Jul 2017)

Victoria Martin Phipps

0.50 0.50 0.00
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(mp3)
29 mins
(pdf)
17 pgs
Session 9 —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

Show session details

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

John V. Jansonius

0.50 0.00 0.00
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(mp3)
32 mins
(pdf)
19 pgs
(pdf)
10 pgs
Session 10 —32 mins
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: May 2019 Labor and Employment Law Conference

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

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

Laura M. Merritt

0.75 0.00 0.00
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(mp4)
44 mins
(mp3)
44 mins
(pdf)
14 pgs
(pdf)
8 pgs
Session 11 —44 mins
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: May 2019 Labor and Employment Law Conference

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

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12. Top Drivers of Large Employee-Plaintiff Verdicts (Jun 2021)

Amy Gibson

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(mp4)
44 mins
(mp3)
43 mins
(pdf)
27 pgs
Session 12 —44 mins
Top Drivers of Large Employee-Plaintiff Verdicts (Jun 2021)

What happens at the workplace, before litigation, that drives large employee-plaintiff verdicts? What happens during the lawsuit that drives large employee-plaintiff verdicts? Understanding these drivers can help those on the worker-side develop a case toward a large verdict and help those on the management-side take action to avoid or limit a large verdict.

Originally presented: May 2021 Labor and Employment Law Conference

Amy Gibson, Gibson Wiley PLLC - Dallas, TX

Show session details

13. Ethics for Employment Attorneys: Am I Your Lawyer? (Jun 2021)

Jason Boulette

1.00 1.00 0.00
Preview Materials

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(mp4)
60 mins
(mp3)
59 mins
(pdf)
25 pgs
(pdf)
10 pgs
Session 13 —60 mins
Ethics for Employment Attorneys: Am I Your Lawyer? (Jun 2021)

Explore the point at which an attorney-client relationship forms, with particular reference to employment attorneys on both the plaintiff and defense side. Discussion includes casual conversation, client intake, the effect and importance of disclaimers, and the risk of individual representation of corporate agents.

Originally presented: May 2021 Labor and Employment Law Conference

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX