This webinar discusses discovery practice in litigation. It begins with an overview of the rules governing discovery, including initial disclosures, written discovery like requests for production of documents and interrogatories, and oral discovery such as depositions. It covers topics like proportionality, preservation of electronic data, discovery from non-parties, and expert discovery procedures. The webinar provides both an explanation of the procedural rules and practical guidance about managing the discovery process.
Discovery Practice (Series: Newbie Litigator School - Fall Edition)Financial Poise
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the attendee will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour long discussion.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
NEWBIE LITIGATOR SCHOOL - Part I 2022 - The Federal Rules of Civil ProcedureFinancial Poise
Has it been 10 years since you took Civil Procedure in law school? Are you a business owner that’s been sued for the first time? How does litigation really move through the Federal Courts? This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the listener will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour-long discussion.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- PART 1 2022
See more at https://www.financialpoise.com/webinars/
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
Discovery Practice (Series: Newbie Litigator School - Fall Edition)Financial Poise
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the attendee will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour long discussion.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
NEWBIE LITIGATOR SCHOOL - Part I 2022 - The Federal Rules of Civil ProcedureFinancial Poise
Has it been 10 years since you took Civil Procedure in law school? Are you a business owner that’s been sued for the first time? How does litigation really move through the Federal Courts? This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the listener will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour-long discussion.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- PART 1 2022
See more at https://www.financialpoise.com/webinars/
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
E-Discovery in Products Liability Litigation: Preparing for New FRCP Amendmen...Brendan Kenny
This CLE webinar provides products liability counsel with a review of the challenges that arise when preserving, collecting, and producing documents in response to burdensome e-discovery requests from plaintiff’s counsel. The panel prepares litigators for upcoming amendments to the Federal Rules of Civil Procedure covering proportionality and sanctions for failing to preserve electronically stored information.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Civil ProcedureWeek 2Prior to Proceedings 11.docxsleeperharwell
Civil Procedure
Week 2
Prior to Proceedings 1
1
Workshop Overview
1.0 Introduction
2.0 Legal Ethics and Civil Litigation
3.0 Cause of Action
4.0 Limitations of Actions
5.0 Personal Injuries Process
Introduction
This week and next week we are looking at what needs to be considered prior to commencing an action.
Next week we look at the courts and which court certain matters can be brought in.
Client Care
Should you find yourself working as a litigation solicitor, the nature of your clients and the management skills required will vary according to:
large/medium/small firm;
community/government/corporate sector; and
position within firm/organisation.
For example:
large commercial firm – sophisticated, well-resourced, repeat clients; large matters with sometimes many lawyers working exclusively on one matter.
small firm – less sophisticated, one-off clients with relatively few resources; one lawyer will be responsible for many files.
Client Care
Regardless of the firm/organisation, there are some basic tenets of client care which are generally applicable:
promote positive and productive interaction between clients and all members of the firm;
be available, approachable, interested, understanding of client needs, trustworthy, honest and competent;
mutual expectations should be clear, with transparent complaint resolution procedures in place; and
clients should be updated regularly, and receive value for money
Client Care
Honesty and competence are particularly significant in a litigation context:
any client contemplating litigation needs to understand that litigation is expensive, time consuming and uncertain; and
clients need to be provided with a realistic, not optimistic, assessment of the advantages and disadvantages of commencing litigation.
Rules about client care may be enforced in contract and/or tort, and are reflected in statute and delegated legislation.
For example, Legal Profession Act 2007 (Qld):
Part 3.4 – disclosure clients regarding costs (s 308)
File Management
Basic file management requirements include:
keeping a paper-trail (or what electronically now amounts to a paper trail):
everything – instructions, advice, research, memos, record of telephone conversations, and so on; and
important if a client challenges you on a step taken in the action or on costs; dates and bring-up systems:
paper and electronic; and
very important in litigation, where missed court dates, filing times etc can be very costly for your client;
working on files of others:
clear instructions from acting solicitor crucial;
can be totally responsible (eg acting solicitor on leave) or partially (eg preparation of a research memo on a particular issue); and
again, paper-trail very important; handover of files:
carefully manage with client;
clear instructions important; and
usual practice is to leave a file note providing background on the matter, current status, and necessary further steps/important dates.
Ethics and the A.
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).
Part of the webinar series: ETHICAL ISSUES IN REAL ESTATE-BASED BANKRUPTCIES 2022
See more at https://www.financialpoise.com/webinars/
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
E-Discovery in Products Liability Litigation: Preparing for New FRCP Amendmen...Brendan Kenny
This CLE webinar provides products liability counsel with a review of the challenges that arise when preserving, collecting, and producing documents in response to burdensome e-discovery requests from plaintiff’s counsel. The panel prepares litigators for upcoming amendments to the Federal Rules of Civil Procedure covering proportionality and sanctions for failing to preserve electronically stored information.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
Civil ProcedureWeek 2Prior to Proceedings 11.docxsleeperharwell
Civil Procedure
Week 2
Prior to Proceedings 1
1
Workshop Overview
1.0 Introduction
2.0 Legal Ethics and Civil Litigation
3.0 Cause of Action
4.0 Limitations of Actions
5.0 Personal Injuries Process
Introduction
This week and next week we are looking at what needs to be considered prior to commencing an action.
Next week we look at the courts and which court certain matters can be brought in.
Client Care
Should you find yourself working as a litigation solicitor, the nature of your clients and the management skills required will vary according to:
large/medium/small firm;
community/government/corporate sector; and
position within firm/organisation.
For example:
large commercial firm – sophisticated, well-resourced, repeat clients; large matters with sometimes many lawyers working exclusively on one matter.
small firm – less sophisticated, one-off clients with relatively few resources; one lawyer will be responsible for many files.
Client Care
Regardless of the firm/organisation, there are some basic tenets of client care which are generally applicable:
promote positive and productive interaction between clients and all members of the firm;
be available, approachable, interested, understanding of client needs, trustworthy, honest and competent;
mutual expectations should be clear, with transparent complaint resolution procedures in place; and
clients should be updated regularly, and receive value for money
Client Care
Honesty and competence are particularly significant in a litigation context:
any client contemplating litigation needs to understand that litigation is expensive, time consuming and uncertain; and
clients need to be provided with a realistic, not optimistic, assessment of the advantages and disadvantages of commencing litigation.
Rules about client care may be enforced in contract and/or tort, and are reflected in statute and delegated legislation.
For example, Legal Profession Act 2007 (Qld):
Part 3.4 – disclosure clients regarding costs (s 308)
File Management
Basic file management requirements include:
keeping a paper-trail (or what electronically now amounts to a paper trail):
everything – instructions, advice, research, memos, record of telephone conversations, and so on; and
important if a client challenges you on a step taken in the action or on costs; dates and bring-up systems:
paper and electronic; and
very important in litigation, where missed court dates, filing times etc can be very costly for your client;
working on files of others:
clear instructions from acting solicitor crucial;
can be totally responsible (eg acting solicitor on leave) or partially (eg preparation of a research memo on a particular issue); and
again, paper-trail very important; handover of files:
carefully manage with client;
clear instructions important; and
usual practice is to leave a file note providing background on the matter, current status, and necessary further steps/important dates.
Ethics and the A.
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. However, this arrangement can easily lead to some ethical issues, should the property owner become distressed. Where is the line between a savvy real estate strategy and unethical behavior? This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Insider Lease Agreements. Model Rules addressed include those that govern the client-lawyer relationship (Rule 1.7: Conflict of Interest: Current Clients); those that speak to the need for candor toward the tribunal and fairness to an opposing party and counsel (Rule 3.3 through 3.4); and the necessity for truthfulness in statements to others and issues surrounding unrepresented persons (i.e. Rule 4.3).
Part of the webinar series: ETHICAL ISSUES IN REAL ESTATE-BASED BANKRUPTCIES 2022
See more at https://www.financialpoise.com/webinars/
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022: Bad Debtor Owes Me Money!Financial Poise
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
See more at https://www.financialpoise.com/webinars/
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022: Data Breach Response - Before and After...Financial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022_How to Build and Implement your Company'...Financial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 - Enforcement: Post-Judgment Procee...Financial Poise
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
See more at https://www.financialpoise.com/webinars/
CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
Although issues in oil and gas chapter 11 cases vary from case to case, there are, nonetheless, certain issues that tend to arise in most oil and gas cases. Among them: treatment of oil and gas leases, the payment of royalties, hedging agreements, and valuation. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
How to Split Bills in the Odoo 17 POS ModuleCeline George
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Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
4
5. Meet the Faculty
MODERATOR:
Adam Hirsch - Roetzel & Andress
PANELISTS:
Matthew T. Christensen - Johnson May Law
Joelle M. Shabat - Sugar Felsenthal Grais & Helsinger LLP
Max Stein - Boodell & Domanskis, LLC
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6. About This Webinar – Discovery Practice
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the
exchange of relevant information- usually in the form of documents or oral depositions, takes
up the majority of a litigator’s time and costs clients the most money.
This webinar begins with a summary of the rules governing discovery. In particular, we
discuss newer federal rules governing the preservation and discovery of electronic data and
information, and the concept of “proportionality” in discovery. We also discuss the
practicalities of discovery: budgeting, tactics, and common opportunities and pitfalls. This
hour demystifies a mystifying process, and provides listeners with what they need to know to
not get tripped up in litigation. At the very least, you will understand why the acronym “ESI”
causes our panel to wince.
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7. About This Series – Newbie Litigator School – Fall
2022 Edition
Has it been a couple of (or more) years since you took Civil Procedure in law school? Or perhaps you a
business owner who has been sued repeatedly and you want to learn a bit about how the sausage is
made. This series is one of several series (together with the “Newbie Litigator School” Parts 2 and 3) that
Financial Poise designed specifically for attorneys who could use a broad-brush yet pithy refresher about
civil litigation fundamentals, with some real world color added in. The purpose is to introduce different
components and phases of litigation, from the basic rules of civil procedure and evidence, to dispositive
motions, through trial, and on to appeal and post-judgment collection work.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
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8. Episodes in this Series
#1: The Federal Rules of Civil Procedure
Premiere date: 6/9/22
#2: Discovery Practice
Premiere date: 7/28/22
#3: Dispositive Motions
Premiere date: 8/25/22
#4: Working With Experts
Premiere date: 9/29/22
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10. Discovery Practice
⚫ “Discovery” means the pre-trial phase of litigation in which parties to the case take steps
to uncover and understand the relevant facts.
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11. The Rules
⚫ Discovery is governed by the applicable Rules of Civil Procedure. Every state’s rules are
different, though many of the principles and concepts are similar. We will be using the
Federal Rules of Civil Procedure as our baseline for today’s discussion. You should
check to make sure you understand which set of rule are going to apply to your case.
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12. Fed. R. Civ. P. 26
⚫ Rule 26 is the touchstone rule for discovery under the Federal Rules. Rule 26(b)(1)
provides:
⚫ Parties may obtain discovery regarding any nonprivileged matter that is relevant to any
party's claim or defense and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount in controversy, the parties’
relative access to relevant information, the parties’ resources, the importance of the
discovery in resolving the issues, and whether the burden or expense of the proposed
discovery outweighs its likely benefit.
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13. What Comes First?
⚫ Under Federal Rule 26(a)(1), litigants are required to make initial discovery disclosures at
the start of a case. These disclosures include:
(1) The name, address, and telephone number of each individual likely to have
discoverable information
(2) A copy—or a description by category and location—of all documents, electronically
stored information, and tangible things that the disclosing party has in its possession,
custody, or control and may use to support its claims or defenses, unless the use would
be solely for impeachment
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14. What Comes First?
(3) a computation of each category of damages claimed by the disclosing party- who must
also make available for inspection and copying under Rule 34 the documents or other
evidentiary material, unless privileged or protected from disclosure, on which each
computation is based, including materials bearing on the nature and extent of injuries
suffered.
(4) For inspection and copying as under Rule 34, any insurance agreement under which an
insurance business may be liable to satisfy all or part of a possible judgment in the action
or to indemnify or reimburse for payments made to satisfy the judgment.
Fed. R. Civ. P. 26(a)(i)-(iv)
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15. Trial and Error in Early Discovery
⚫ The United States District Court for the Northern District of Illinois implemented a pilot
program that changed how initial disclosures and discovery worked in that district.
⚫ From June 1, 2017 to June 1, 2020, the Northern District of Illinois ran a three-year pilot
project, known as the “Mandatory Initial Discovery Pilot Project,” which studied whether
requiring parties in civil cases to respond to a series of standard discovery requests before
undertaking other discovery will reduce the cost and delay of civil litigation.
⚫ Though no new cases are being added to the pilot program, we will not know the results of
this study until all pending participating cases have concluded.
Source: https://www.ilnd.uscourts.gov/Pages.aspx?jYyawIFLXKMJrmXzxFk8lw==
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16. What Did the Pilot Program Do?
⚫ Per the Court’s Standing Order:
o As part of an examination of discovery practices endorsed by the Judicial Conference of
the United States, the Court is participating in a pilot project that requires mandatory
initial discovery in all civil cases other than: (1) cases exempted by Rule 26(a)(1)(B)1, (2)
actions under the Private Securities Litigation Reform Act (“PSLRA”), (3) patent cases
governed by a local rule, and (4) cases transferred for consolidated administration in the
District by the Judicial Panel on Multidistrict Litigation. The discovery obligations
addressed in this Standing Order supersede the disclosures required by Rule 26(a)(1)
and are framed as court-ordered mandatory initial discovery pursuant to the Court’s
inherent authority to manage cases, Rule 16(b)(3)(B)(ii), (iii), and (vi), and Rule
26(b)(2)(C). Unlike initial disclosures required by current Rule 26(a)(1)(A) & (C), this
Standing Order does not allow the parties to opt out.
Source https://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf
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17. Written Discovery
⚫ Discovery occurs in both written (paper) and oral forms.
Written discovery includes:
⚫ Requests for the production of documents (Rule 34)
⚫ Written questions that must be answered under oath, called “interrogatories” (Rule 33)
⚫ Requests for admission (Rule 36).
⚫ Discovery of information held by non-litigants is governed by Rule 45.
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18. Written Discovery
Request for the Production of Documents
o Fed. R. 34(a)(1) provides:
o In General. A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or
sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information—including writings,
drawings, graphs, charts, photographs, sound recordings, images, and other data or
data compilations—stored in any medium from which information can be obtained
either directly or, if necessary, after translation by the responding party into a
reasonably usable form; or
(B) any designated tangible things;
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19. Written Discovery
⚫ Request for the Production of Documents (cont’d)
o Documents Requests are an instrument to tell your opponent which documents you want
produced. Document Requests need not be perfectly tailored to each particular
document you want (asking for documents by category or type is fine), but legitimately
vague or overbroad document requests may be objected to.
o Document Requests that use terms of art that are undefined or do not prescribe a
reasonable time limit are likely to draw objections.
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20. Written Discovery
⚫ Responding to Requests for the Production of Documents
o Clients should be provided with copies of the other side’s document requests
immediately. Parties are obligated to conduct reasonable searches for responsive
documents and information. If your client is a corporation, any person working for that
corporation who might be in possession of responsive documents should be contacted
and asked to search for them. Any possibly responsive documents should be forwarded
to the attorney for review, and the attorney, working with the client, can make the final
determinations as to which documents are to be produced.
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21. Written Discovery
⚫ Interrogatories
o Fed. R. Civ. P 33(a) provides:
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any
other party no more than 25 written interrogatories, including all discrete subparts. Leave
to serve additional interrogatories may be granted to the extent consistent with Rule
26(b)(1) and (2).
(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule
26(b). An interrogatory is not objectionable merely because it asks for an opinion or
contention that relates to fact or the application of law to fact, but the court may order that
the interrogatory need not be answered until designated discovery is complete, or until a
pretrial conference or some other time.
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22. Written Discovery
⚫ Interrogatories (cont’d)
o Interrogatories are most often used for three objectives:
❖ To learn names and background information of potential witnesses beyond those
required to be disclosed under Rule 26(a).
❖ To learn facts
❖ To cause the other side to disclose or take positions on certain discrete issues.
These type of interrogatories are called “contention interrogatories.”
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23. Written Discovery
⚫ Requests For Admission
o Fed. R. Civ. P. 36(a)(1) provides:
❖ Scope. A party may serve on any other party a written request to admit, for purposes
of the pending action only, the truth of any matters within the scope of Rule 26(b)(1)
relating to:
(A) facts, the application of law to fact, or opinions about either; and
(B) the genuineness of any described documents.
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24. Written Discovery
⚫ Effect of Failing to Respond to Requests for Admission
o Fed. R. Civ. P. 36(a)(3) provides:
❖ Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30
days after being served, the party to whom the request is directed serves on the
requesting party a written answer or objection addressed to the matter and signed by
the party or its attorney. A shorter or longer time for responding may be stipulated to
under Rule 29 or be ordered by the court.
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25. Oral Discovery
⚫ Depositions
o Oral discovery means depositions (Rule 30). A deposition is an examination of a witness
under oath by a lawyer. These examinations do not take place in court, but the witness’
testimony is given under penalties of perjury. Under the Federal Rules, depositions can
last up to seven hours.
o A deposition of a party or party representative does not require a subpoena. You can
compel such a witness to appear for a deposition by serving a “Notice of Deposition” on
opposing counsel.
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26. Oral Discovery
⚫ Depositions (cont’d)
o If you want to depose someone at a company, but don’t know who is going to be able to
testify knowledgeably on the topics you’re interested in, you can notice a corporate
representative deposition under Rule 30(b)(6), and that corporation has to find the right
person, or provide someone who will represent the corporation’s knowledge on the
particular topics at issue:
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27. Oral Discovery
⚫ Depositions (cont’d)
o “In its notice or subpoena, a party may name as the deponent a public or private
corporation, a partnership, an association, a governmental agency, or other entity and
must describe with reasonable particularity the matters for examination. The named
organization must then designate one or more officers, directors, or managing agents, or
designate other persons who consent to testify on its behalf; and it may set out the
matters on which each person designated will testify. A subpoena must advise a
nonparty organization of its duty to make this designation. The persons designated must
testify about information known or reasonably available to the organization.”
Fed. R. Civ. P. 30(b)(6)
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28. Discovery
⚫ Discovery From Non-Parties
o Consistent with this maxim, under Fed. R. Civ. P. 45, a litigant can send a subpoena to a
non-party to compel the production of documents, a deposition, or both. The subpoena
recipient is obligated to respond fully and truthfully, even though there are not a party to
the litigation.
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“The public has a right to every man’s evidence.”
- Lord Chancellor Hardwicke (1742),
quoted in United States v. Monia, 317 U.S. 424, 432 (1943).
29. Discovery
⚫ Expert Discovery
o Rule 26(a)(2) governs discovery of expert witnesses. An expert witness is one who
testifies as to her opinion, as opposed to a witness who testifies only about facts. There
are well-established standards for the discovery of expert opinion testimony.
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30. Discovery
⚫ Expert Reports and Depositions
o Expert witnesses who are going to testify at trial are subject to Rule 26(a)(2)(A) and (B),
which requires they produce a written report and other disclosures:
(A) In General:
❖ In addition to the disclosures required by Rule 26(a)(1), a party must disclose to
the other parties the identity of any witness it may use at trial to present
evidence under Federal Rule of Evidence 702, 703, or 705.
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31. Discovery
⚫ Expert Reports and Depositions
(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered
by the court, this disclosure must be accompanied by a written report—prepared and
signed by the witness—if the witness is one retained or specially employed to provide
expert testimony in the case or one whose duties as the party's employee regularly
involve giving expert testimony.
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32. Discovery
⚫ Expert Reports and Depositions (cont’d)
o The report must contain:
(i) a complete statement of all opinions the witness will express and the basis and
reasons for them;
(ii) the facts or data considered by the witness in forming them;
(iii) any exhibits that will be used to summarize or support them;
(iv) the witness's qualifications, including a list of all publications authored in the
previous 10 years;
(v) a list of all other cases in which, during the previous 4 years, the witness testified as
an expert at trial or by deposition; and
(vi) a statement of the compensation to be paid for the study and testimony in the
case.
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33. Discovery
⚫ Expert Reports and Depositions (cont’d)
o Rule 26(a)(4) governs expert depositions in Federal Court:
(4) Trial Preparation: Experts.
(A) Deposition of an Expert Who May Testify. A party may depose any person
who has been identified as an expert whose opinions may be presented at trial.
If Rule 26(a)(2)(B) requires a report from the expert, the deposition may be
conducted only after the report is provided.
(B) Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A)
and (B) protect drafts of any report or disclosure required under Rule 26(a)(2),
regardless of the form in which the draft is recorded.
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34. Discovery
⚫ Expert Reports and Depositions (cont’d)
(C) Trial-Preparation Protection for Communications Between a Party's Attorney
and Expert Witnesses. Rules 26(b)(3)(A) and (B) protect communications
between the party's attorney and any witness required to provide a report under
Rule 26(a)(2)(B), regardless of the form of the communications, except to the
extent that the communications:
(i) relate to compensation for the expert's study or testimony;
(ii) identify facts or data that the party's attorney provided and that the
expert considered in forming the opinions to be expressed; or
(iii) identify assumptions that the party's attorney provided and that the
expert relied
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35. Discovery Disputes
⚫ If you cannot agree with your opponent about a discovery issue, most courts require you to
attempt to come to a compromise or accommodation before bringing the dispute to the
Court’s attention. Courts typically do not like to be presented with contested discovery
issues.
⚫ Before filing a discovery motion, Federal Rule 37 requires that the movant certify “that the
movant has in good faith conferred or attempted to confer with the person or party failing to
make disclosure or discovery in an effort to obtain it without court action.”
⚫ State courts typically have similar “meet-and-confer” requirements.
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36. Discovery Sanctions
⚫ If a motion to compel discovery is required, and if that motion is granted, courts have broad
discretion to fashion sanctions or other relief to deter further wrongdoing. Typically, the first
step is an order compelling discovery. A court may also order the party who lost a discovery
motion to pay the attorneys’ fees of the victor.
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37. Discovery Sanctions
⚫ If an order compelling discovery is not complied with, a court may enter a further order:
(i) directing that the matters embraced in the order or other designated facts be taken as
established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses,
or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a
physical or mental examination.
Fed. R. Civ. P. 37(b)(2)(A)
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39. About The Faculty
Adam Hirsch - AHirsch@ralaw.com
Mr. Hirsch focuses his practice on commercial and business litigation, representing a wide
variety of clients ranging from individuals to small business owners to large corporations. He
has a particular focus on investment disputes and business fraud claims, and has
represented investors and investment companies as plaintiffs and defendants in lawsuits
around the country. Mr. Hirsch regularly writes and presents on current issues relating to
business fraud. He also has extensive experience litigating contract disputes, and has argued
and tried multi-million dollar contract issues before judges and juries nationwide. Mr. Hirsch
also has experience in advising clients in employment disputes relating to matters such as
separation, severance, non-solicitation, and non-compete agreements.
39
40. About The Faculty
Matthew T. Christensen - mtc@johnsonmaylaw.com
Matt Christensen joined Johnson May in 2008 as an associate attorney. Now a member of the firm, Matt
has a civil litigation practice involving commercial law (finance and secured transactions), bankruptcy,
real property, and business matters. He also has a transactional practice involving real estate, finance,
and business matters, including franchising. Matt frequently represents bankruptcy trustees and other
fiduciaries in recovering assets and administering estates. Prior to joining the firm, Matt was a Junior
Partner at a Meridian, Idaho, law firm and also established a solo practice. In addition to practicing law,
Matt is an adjunct professor at the University of Idaho College of Law where he teaches international
trade/business, real estate transactions, and law practice management courses. Matt obtained his
Bachelor of Arts in International Studies from Brigham Young University in 2002. He earned his J.D. and
LL.M in International and Comparative Law degrees from Duke University School of Law in 2005. While
at Duke, he was an Articles Editor for the Duke Journal of Gender Law & Policy. In addition to practicing
law and teaching, Matt also enjoys spending as much time as possible with his wife and five children and
expanding his ever-growing library of books.
40
41. About The Faculty
Joelle M. Shabat- Jshabat@sfgh.com
Joelle is currently a litigation associate in Sugar Felsenthal Grais & Helsinger LLP’s Chicago office. She has represented a variety of
business entities and individuals throughout the life of a case, from inception through trial and appeal.
Throughout her practice, Joelle works to develop close relationships with her clients, guide them through every step of litigating a case,
continually evaluate their objectives, and collaborate with them to obtain positive results.
The versatility and resourcefulness Joelle has gained by litigating a wide variety of matters has brought insight that spans across diverse
industries and subjects.
With her foundation in general litigation, Joelle has experience representing clients in heavily regulated industries including contracts,
employment law, healthcare and medical devices, enforcement actions, regulatory compliance and examinations, finance, intellectual
property, and privacy.
In her commercial and restructuring practice, Joelle has experience investigating and litigating matters involving fiduciary and business tort
issues, including fiduciary duty and agency disputes; director, officer, and professional liability claims; and fraudulent and preferential
conveyances.
To read more about Joelle, please visit: https://www.financialpoise.com/financial-poise-faculty/joelle-shabat/
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42. About The Faculty
Max Stein - mstein@boodlaw.com
Max Stein, a member of Boodell & Domanskis, LLC, is a business litigator focused on
meeting clients’ business objectives, helping them resolve disputes at the most opportune
times. Max represents clients as both plaintiffs and defendants in a wide variety of forums.
Additionally, Max notes that one advantage of practicing at a smaller firm, is that he is able to
offer his clients high-quality, nimble representation at reasonable rates. To aid his clients in
achieving their business objectives, Max approaches cases as though they will go to trial,
utilizing his extensive trial experience. Max also counsels his clients, helping to identify and
navigate legal risks to achieve their business goals and protect their competitive interests
while managing and, where possible, avoiding the expense and uncertainty of litigation.
42
43. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
43
46. About Financial Poise
46
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