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On Demand CLE: Pretrial Advocacy- The Era of Front-Loaded Litigation

The pretrial playing field has changed markedly over the last three decades, moving the battleground from the jury to the gauntlets that leave a judge with discretion to eliminate or trim a case before it even sees a jury. Standards governing motions to dismiss, summary judgment, experts, the breadth of discovery, and even class certification are the battlegrounds that often determine the fate of a case. Against this backdrop, technology – including the internet and the ability to create real-time recordings of events – has markedly changed the availability and quantity of evidence. Selecting the most compelling evidence – or deselecting evidence is a new challenge in addition to the age-old skill of constructing a narrative that glues the theories in place. Precision in the pretrial process and an appreciation for the evidentiary rules and their interface with the procedural rules are essential. From complaint preparation through discovery and motions practice, this 60-minute session will provide listeners with a crash course overview of what is needed in this new era of front-loaded litigation.

Faculty:

Reuben Guttman is a founding member of Guttman, Buschner & Brooks PLLC. His practice involves complex litigation and class actions. He has represented clients in claims brought under the Federal False Claims Act, securities laws, the Price Anderson Act, Department of Energy statutes and regulations, the Worker Adjustment and Retraining Notification Act (WARN), Racketeer Influenced and Corrupt Organizations Act (RICO) and various employment discrimination, labor, and environmental statutes. He has tried and/or litigated claims involving fraud, breach of fiduciary duty, antitrust, business interference and other common law torts. The International Business Times has called Mr. Guttman “one of the world’s most prominent whistleblower attorneys.” He has served as counsel in cases brought under the False Claims Act returning over $6 Billion to the government. Mr. Guttman served as lead counsel in a series of cases resulting in the recovery of more than $30 million under the Federal Fair Labor Standards Act and he served as lead counsel in a civil rights class action against the South Carolina Department of Corrections which resulted in a consent order requiring the testing and treatment of more than 20,000 inmates for Hepatitis C. He is co-author (with JC Lore) of the text, Pretrial Advocacy (Wolters-Kluwer-NITA, 2022). In addition, he is the author and/or editor of numerous articles, book chapters, and technical publications and his commentary has appeared in Market Watch, American Lawyer Media, Forbes, AOL Government, Accounting Today, Law 360, The Global Legal Post, and the Jerusalem Post. Mr. Guttman has testified before committees of the United States House of Representatives and the United States Senate on the Asbestos Hazard Emergency Response Act (AHERA). In 1992, he advised President-elect Clinton’s transition team on labor policy and worker health and safety regulation. Mr. Guttman earned his law degree at Emory University School of Law, where he has served as a Senior Fellow and Adjunct Professor at the Emory University School of Law Center for Advocacy and Dispute Resolution, and he has been a Team Leader for the school’s Trial Techniques Program. He is founder of, and Senior Advisor to, the Emory Law Corporate Governance and Accountability Review, and he is currently an Adjunct Professional Lecturer at the American University School of Public Affairs where he teaches Equal Protection and Civil Rights.

To learn more or register visit https://www.quimbee.com/cle/courses/pretrial-advocacy-the-era-of-front-loaded-litigation

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CLE: Drafting and Responding to Civil Lawsuits, Interrogatories, Document Requests, Admissions, & Hold Letters CLE – Telephonic Seminar

Telephone Seminar, 7/19/2023, Noon – 1:30 | Learn the latest on Drafting and Responding to Civil Lawsuits, Interrogatories, Document Requests, Admissions, & Hold Letters CLE with this convenient, telephonic seminar. Register to obtain CLE and MCLE credit, receive access to complete course and reference materials, and attend this telephonic seminar.

Discovery and pre-trial litigation have never been more important than now, when less than 1% of cases are tried to a jury. This 90-minute program is a crash course on the trajectory of the of a civil case from the initial complaint through motions and discovery. This program covers (1) pleading a complaint to meet the heightened standards of Iqbal and Twombly with a focus on theme and theory; (2) anticipating defenses and motions to dismiss; (3) securing the discovery necessary for summary judgment and trial; and (4) understanding the key rules of evidence and using them to build a case. Our distinguished seminar faculty will also drafting civil lawsuits, discovery requests, winning responses, and the most overlooked yet effective objections. Registration includes access to complete course and reference materials to outline and diagram the discussed best arguments, practices, and techniques. Register today to learn the most effective plans on Drafting and Responding to Interrogatories, Requests for Production, Admissions, & Hold Letters.

Agenda:

  • a. Drafting Knock-out Civil Lawsuits
  • b. Pleading a Complaint to Meet the Heightened Standards of Iqbal and Twombly with a Focus on Theme and Theory
  • c. Best Practices on Formulating a Discovery Plan
  • d. Successfully Limiting the Scope of Discovery
  • e. Anticipating Defenses and Motions to Dismiss
  • f. Securing the Discovery Necessary for Summary Judgment and Trial
  • g. Understanding the Key Rules of Evidence and Using Them to Build a Case
  • h. Structuring Requests for Disclosure, Production, Admissions, and Interrogatories
  • i. Avoiding the Pitfalls of Objections and Motions to Strike
  • j. Making the Best Use of Contents of Writings, Recordings, and Photographs
  • k. Effective Objections & Disclosures
  • k. Winning with Motions to Compel and Motions for Protective Orders
  • b. Pleading a Complaint to Meet the Heightened Standards of Iqbal and Twombly with a Focus on Theme and Theory

Seminar Faculty

Shira Forman practices at Sheppard Mullin Richter & Hampton LLP, where she focuses her practice on the full spectrum of employment disputes in areas including breach of contract, breach of fiduciary duty, wrongful termination, retaliation, discrimination, and wage and hour claims, conducts employment-related investigations, and advises employers on day-to-day personnel matters. She is also a mediator and arbitrator and serves on multiple panels, including the American Arbitration Association’s Consumer Panel, her United States District Court mediators’ panel, and the FINRA arbitration panel, among others. She has experience in the gaming, entertainment and music industries, having addressed the nuanced business and legal issues faced by participants in these sectors. Ms. Forman is a graduate of Columbia University School of Law.

Reuben Guttman is a founding member of Guttman, Buschner & Brooks PLLC. His practice involves complex litigation and class actions. He has represented clients in claims brought under the Federal False Claims Act, securities laws, the Price Anderson Act, Department of Energy statutes and regulations, the Worker Adjustment and Retraining Notification Act (WARN), Racketeer Influenced and Corrupt Organizations Act (RICO) and various employment discrimination, labor, and environmental statutes. He has tried and/or litigated claims involving fraud, breach of fiduciary duty, antitrust, business interference and other common law torts. The International Business Times has called Mr. Guttman “one of the world’s most prominent whistleblower attorneys.” He has served as counsel in cases brought under the False Claims Act returning over $6 Billion to the government. Mr. Guttman served as lead counsel in a series of cases resulting in the recovery of more than $30 million under the Federal Fair Labor Standards Act and he served as lead counsel in a civil rights class action against the South Carolina Department of Corrections which resulted in a consent order requiring the testing and treatment of more than 20,000 inmates for Hepatitis C. He is co-author (with JC Lore) of the text, Pretrial Advocacy (Wolters-Kluwer-NITA, 2022). In addition, he is the author and/or editor of numerous articles, book chapters, and technical publications and his commentary has appeared in Market Watch, American Lawyer Media, Forbes, AOL Government, Accounting Today, Law 360, The Global Legal Post, and the Jerusalem Post. Mr. Guttman has testified before committees of the United States House of Representatives and the United States Senate on the Asbestos Hazard Emergency Response Act (AHERA). In 1992, he advised President-elect Clinton’s transition team on labor policy and worker health and safety regulation. Mr. Guttman earned his law degree at Emory University School of Law, where he has served as a Senior Fellow and Adjunct Professor at the Emory University School of Law Center for Advocacy and Dispute Resolution, and he has been a Team Leader for the school’s Trial Techniques Program. He is founder of, and Senior Advisor to, the Emory Law Corporate Governance and Accountability Review, and he is currently an Adjunct Professional Lecturer at the American University School of Public Affairs where he teaches Equal Protection and Civil Rights.

To learn more or register visit https://www.mcssl.com/store/legalresourcesinc/catalog/product/1dc8529f6d2846dc80c2deb1d2839c8d.

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Supreme Court justices’ unethical Code of Conduct

The justices’ cavalier treatment of the laws on the books makes it even more clear that broader regulation is needed.

By Nancy Gertner and Stephen Gillers

The Supreme Court’s reputation is plummeting . The decline is driven partly by the view that the court is politicized as well as by the justices’ dismissal of existing laws that are applicable to them.

The court has refused to adopt the Code of Conduct that binds other federal judges, albeit adapted to recognize the court’s unique position. Congress has been urged to enacta code, but partisan divisions and concerns about its authority may prevent it from doing so.

Apart from an ethics code, two other problems contribute to the public’s loss of confidence: the recusal statute and the financial disclosure statute.

Read the entire article at https://www.bostonglobe.com/2023/06/29/opinion/supreme-court-justices-unethical-code-conduct/.

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High Court False Claims Ruling Underscores Communication Is Key

Federal contractors should avoid taking unjustifiable risks when interpreting regulations—and then submitting bills to the US government— if they want to stay out of False Claims Act trouble.

That’s one of the takeaways from Justice Clarence Thomas’ June 1 opinion in United States ex rel. Schutte v. SuperValu Inc., which reinstated FCA suits alleging the SuperValu and Safeway Inc. grocery chains overcharged Medicare and Medicaid for prescription drugs.

The unanimous opinion had law firms that represent FCA defendants sending out client alerts, saying to prepare for less success in motions to dismiss. But the opinion doesn’t appear to be a pro-plaintiff game-changer beyond being a reprieve from what would have been a devastating defeat for those that try to uncover fraud, attorneys told Bloomberg Law.

This is “going to generally be a fact question that isn’t susceptible to a resolution on a motion to dismiss,” said Reuben A. Guttman of Guttman, Buschner & Brooks PLLC, a firm that represents whistleblowers.

But “I don’t think the opinion changed the rules of the game” for litigating FCA cases. “The opinion is true to the statute and consistent with the common law of fraud,” he said.

The dual cases arrived from the US Court of Appeals for the Seventh Circuit, which had rejected the two suits for lack of scienter because SuperValu Inc. and Safeway had offered a reasonable regulatory interpretation. And the companies had unsuccessfully urged the Supreme Court to find that intent must be lacking if their interpretation of an ambiguous rule was objectively reasonable.

Writing for a unanimous court, Thomas said the Seventh Circuit improperly failed to consider evidence of subjective intent—that the companies believed they were wrongly seeking payments from the government.

Read the entire article here: https://news.bloombergtax.com/financial-accounting/high-court-false-claims-ruling-underscores-communication-is-key

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CLE: The Art of Drafting and Responding to Effective Demand Letters

Telephone Seminar, 6/21/2023, Noon – 1:30 | Learn the latest on The Art of Drafting and Responding to Effective Demand Letters CLE with this convenient, telephonic seminar with visual access to written materials. Register to obtain CLE and MCLE credit, receive access to complete course and reference materials, and attend this telephonic seminar.

Benefits:

The Art of Drafting and Responding to Effective Demand Letters is critical to mitigating attorneys fees and quickly resolving cases. With lengthy waits for trial and motion calendar, successfully handling demand letters is more important than ever. This seminar will discuss concrete examples on drafting an effective and powerful demand letter that results in favorable and immediate outcomes for clients. Our distinguished faculty will relate real-life scenarios to illustrate decision science, compelling framing, and key language to increase the effectiveness of your demand letters. At the same time, responding to an excellent demand letter requires learnable skills to limit liability, discount the expense of litigation, and efficiently resolve disputes. The speakers for this program include a leading trial and defense counsel and adjunct professor of litigation. Registration includes access to complete course and reference materials to outline and diagram the discussed best arguments, practices, and techniques. Register today to learn the most effective methods on Effectively Drafting and Answering Demand Letters.

Agenda:

The Art of Drafting and Responding to Effective Demand Letters CLE:

  1. Key Language to Include in Effective Demand Letters
  2. Crafting Compelling Narratives in Demand Letters and Responses
  3. Drafting Powerful Responses to Demand Letters
  4. Winning Strategies to Demonstrate that the Law Is On Your Side
  5. Avoiding Common Demand Letter Issues
  6. Using Statistics in Demand Letters
  7. Utilizing Moral Foundations and Defenses
  8. Overlooked Responses to Demand Letters that Get Results
  9. Structuring Evidence in Demand Letters
  10. Determining How Much Information to Provide in Damage Calculations
  11. Successfully Limiting Liability in Responses

Interactive Question & Answer Session

Biography of Seminar Faculty:

Reuben Guttman is a founding member of Guttman, Buschner & Brooks PLLC. His practice involves complex litigation and class actions. He has represented clients in claims brought under the Federal False Claims Act, securities laws, the Price Anderson Act, Department of Energy statutes and regulations, the Worker Adjustment and Retraining Notification Act (WARN), Racketeer Influenced and Corrupt Organizations Act (RICO) and various employment discrimination, labor and environmental statutes. He has also tried and/or litigated claims involving fraud, breach of fiduciary duty, antitrust, business interference and other common law torts. The International Business Times has called Mr. Guttman “one of the world’s most prominent whistleblower attorneys.” He has served as counsel in some of the largest recoveries under the False Claims Act. Mr. Guttman served as lead counsel in a series of cases resulting in the recovery of more than $30 million under the Federal Fair Labor Standards Act. Mr. Guttman is the author and/or editor of numerous articles, book chapters, and technical publications and his commentary has appeared in Market Watch, American Lawyer Media, AOL Government, Accounting Today, and the Jerusalem Post. In addition to his writings, Mr. Guttman has testified before committees of the United States House of Representatives and the United States Senate on the Asbestos Hazard Emergency Response Act (AHERA). In 1992, he advised President-elect Clinton’s transition team on labor policy and worker health and safety regulation. Mr. Guttman earned his law degree at Emory University School of Law, where he has been appointed as a Senior Fellow and Adjunct Professor at the Emory University School of Law Center for Advocacy and Dispute Resolution and has been a Team Leader for the school’s Trial Techniques Program.

Adam Schwartz is a Partner at Carlton Fields, where he chairs the firm’s White Collar Crime and Government Investigations Practice. He concentrates on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, and health care fraud and abuse matters. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, real estate and mortgage fraud, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. Mr. Schwartz advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation. He counsels pharmaceutical wholesalers on regulatory compliance laws including the Drug Quality and Security Act and the Drug Supply Chain Security Act. Prior to joining the firm, he prosecuted money laundering and asset forfeiture matters as an Assistant U.S. Attorney with the United States Department of Justice. Mr. Schwartz is a highly sought-after speaker on health care fraud, attorney-client privilege considerations, and internal investigation. He has been co-chair of the American Bar Association White Collar Crime Subcommittee since 2007.

CLE Credit: Rossdale CLE is a national leader in attorney education and has trained thousands of attorneys, paralegals, and other legal professionals.

To register or learn more, visit https://www.mcssl.com/store/legalresourcesinc/catalog/product/72c01feaff8740b9917520405f035572