Training Course Syllabus:
Employment Litigation From Start to Finish
Work Through the Litigation Process With Ease
You know all about the ADA, EEOC, FMLA and NLRB; but are you able to confidently take the latest employment laws and apply them to any client who has been wronged by an employer? Employment litigation is a complicated and tricky process that requires a skilled and well-versed attorney. This essential program will review the formal procedures of litigation while also divulging best practices for using the court system to your advantage. Learn from experienced attorneys as they discuss their strategies and tips for successfully navigating the trial process. Register today!
- Be able to decipher right off the bat whether or not your client has a case.
- Recognize how the EEOC's determination of a charge can impact whether or not your client can pursue a lawsuit.
- Review federal electronic filing procedure and ensure all the crucial documents are submitted in order to give your case the best chance of success.
- Get practical guidance on the types of factual content to be included in support of the pleading.
- Understand what standards must be satisfied in order to grant a motion for summary judgment.
- Maximize your effectiveness in federal court with solutions to expert and evidence problems.
- Make sure you are drafting and reading the jury instructions in an advantageous manner.
- Be able to identify and avoid unethical practices, such as conflicts of interest.
- Elements of Employment Law Claims
9:00 - 9:15, Lorna M. Wiggins
- Outline Prima Facie Case of Various Employment Statutes
- Filing Your Case With the EEOC or Other State Agency
9:15 - 10:00, Lorna M. Wiggins
- Current Policies
- The Initial Assessment of the Charge
- Filing Deadlines
- Effective Interviewing Techniques
- Documents and Information to Include in the Filing
- The Employer's Response
- Preparing for an On-Site Investigation
- EEOC Mediation
- Determination of Charge
- Initial Pleadings and Filings
10:15 - 11:00, Timothy S. Hale
- Tips for Electronic Filing
- The Language of the Initial Filing
- Affirmative Defenses
- Correctly Serving and Responding to Summons
- Risk of Trial and Exposure
- Damages for Various Types of Claims
- Sufficiency of the Complaint
- How Much Factual Content is Enough to Draw a Reasonable Conclusion About the Alleged Liability?
- Tips for Successful Mediation
11:00 - 11:30, Timothy S. Hale
- Selecting A Mediator - Does It Matter?
- Client Preparation
- Negotiation Pointers - Techniques and Traps in Maximizing the Deal
- Settlement Agreements - Getting the Details
- Discovery Tactics
12:30 - 1:30, Trent A. Howell
- Determining Scope
- Timing Considerations
- Keeping Down the Costs
- Types of Discovery
- Document Requests
- Subpoenaing Records
- Limitation on Paper and Depositional Discovery Imposed by Federal Practice and Procedure
- Electronic Evidence in Federal Court
- Summary Judgment and Other Dispositive Motions
1:30 - 2:15, Trent A. Howell
- Pros and Cons for Using Summary Judgment and Adjudication Motions
- Common Mistakes to Avoid
- Using Time Limits and Strategies to Your Advantage
- What Exactly is a “Triable Issue”?
- Evidence Objections
- Pre-Trial Order and Trial
2:30 - 3:30, Repps D. Stanford
- Preparing the Judge for Trial
- Drafting the Pre-Trial Order
- Jury Analysis and Selection
- Opening Statements
- Witness Testimony
- Closing Arguments
- Jury Instruction Considerations
3:30 - 4:30, Repps D. Stanford
- The Rules of Professional Conduct
- Confidentiality and Privileged Communications
- Handling Highly Prejudicial Evidence
- Handling Questions of Jurors During Voir Dire
- Talking to Witnesses Before They Testify
- Identifying and Avoiding Conflicts of Interest