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Who should attend Appealing Standards: Determining the Applicable Standard of Review
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
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This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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Seminar Summary:

This teleconference is designed to help you with your two most important jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it).  (see full course description)

 
 
 

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print the agenda print agenda for the Appealing Standards: Determining the Applicable Standard of Review seminar

 

Training Course Syllabus:


Appealing Standards: Determining the Applicable Standard of Review
 

Benefits

This teleconference is designed to help you with your two most important jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it). The two most common mistakes in appellate advocacy are (1) taking the standards at face value, uncritically assuming that they mean what they say and that the court will apply them as they are written and (2) treating the standards as mere verbal formulas that have neither intrinsic substantive meaning nor independent persuasive force. This teleconference will help you avoid these errors by exploring what the standards actually mean in the context of different types of issues that are theoretically governed by the same rule and, even more important, explaining how the standards can be effectively integrated into arguments and advocacy that will actually influence the way appellate courts decide cases and therefore the decisions that they make.



Agenda

Theory vs. Substance in Appellate Standards

  • The Verbal Formulas
  • The Tension Between Verbalization and Actual Decision Making


Applications of This Theoretical Construct to the Appellate Standards Most Commonly Applied

  • Questions of Law: De Novo Review
  • Questions of Fact: Clear Preponderance of the Evidence
  • Mixed Questions of Law and Fact
  • Discretionary Rulings


Using Appellate Standards in the Real World

  • Deciding Whether to Appeal and What Issues to Press
  • Framing the Appellate Argument


 

Who Should Attend

This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.


Faculty

Michael A. Bowen, Foley & Lardner LLP

Michael A. Bowen

  • Partner in the Milwaukee office of Foley & Lardner LLP
  • Has had principal responsibility for appellate cases in the 2nd, 3rd, 5th, 7th, 8th, 10th and 11th Circuits, as well as several state appellate courts
  • Focuses on commercial litigation, particularly in the distribution area
  • Member of the firmís Appellate Practice Group since its inception
  • A sampling of decisions reflecting his efforts includes The Drillot Corporation v. Sub-Zero Freezer Company, Inc.; Morley-Murphy Co. v. Zenith Electronics Corp.; Snap-on Tools Corporation v. Mason; S+L+H v. Miller-St. Nazianz, Inc.; Campbell v. Snap-on Tools Corporation; and East Bay running Store, Inc. v. Nike, Inc.
  • Graduate, cum laude, Harvard Law School
  • Included in The Best Lawyers in America and Chambers USA: Americaís Leading Lawyers for Business for several years, through 2007
  • Author or co-author of a number of legal works, ranging from the Wisconsin State Bar Treatise on The Wisconsin Fair Dealership Law (co-authored with Brian Butler) to the entry on The American Legal System for The Oxford Companion to Crime and Mystery Fiction
  • Can be reached at mbowen@foley.com or at 414-297-5538

 

Continuing Education Units

  • CLE 
  • NALA
  • NFPA (Pending)
  • Paralegals

Only registered attendee will receive continuing education credit.


Teleconference Time:  1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)

Length:  1 hour 30 minutes

 

Live Teleconference: $199.00

Live Teleconference + CD:  $268.00

Can't Attend the Live Teleconference?   CD/Manual Package Only: $199.00

Seminar Summary:

This teleconference is designed to help you with your two most important jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it).  (see full course description)

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