Trial Institute Agenda

AMERICAN BAR ASSOCIATION
SECTION OF LABOR AND EMPLOYMENT LAW
TRIAL INSTITUTE
SEPTEMBER 19-22, 2019

Co-Sponsored with
NATIONAL EMPLOYMENT LAW COUNCIL
CHICAGO-KENT COLLEGE OF LAW

Lori L. Deem, Outten & Golden, Employee Co-Chair
Stephanie M. Jones, Social Security Administration, Public Co-Chair
Mark N. Mallery, Ogletree Deakins. Employer Co-Chair
Jason C. Marsili, Rosen Marsili Rapp, Union & Employee Co-Chair

Thursday, September 19

8:30 – 9:00 a.m.
Welcome and Introductions
Judge David A. Erickson, Chicago-Kent College of Law
Barbara L. Johnson, Chair, National Employment Law Council
Dean Anita K. Krug, Chicago-Kent College of Law
Martin H. Malin, Chicago-Kent College of Law
Mark N. Mallery, Ogeltree Deakins

9:00 – 9:30 a.m.
Plenary Session:  Trial Preparation Checklist (Full Group lecture)
Presenter: Jeffrey D. Patton, Spilman Thomas

9:30 – 10:30
Plenary Session:  Jury Selection (Full Group lecture)
Presenter:  Dan Gallipeau, Dispute Dynamics
One of the nation’s preeminent jury consultants will discuss relevant considerations and practice points to consider when selecting a jury.

10:30 – 10:45 a.m.
Break

10:45 a.m. – 12:30 p.m.
Team Breakout Session:  Jury Selection Exercise Based on Case File
Led by Team Coaches
Additional participant:  Dan Gallipeau
Each Trial Institute attendee will participate in a jury selection exercise.

12:30 – 1:00 p.m.
Lunch

1:00 – 1:45 p.m.
Plenary Presentation:  Trial Strategy (Full Group lecture)
Presenter:  Stacey Campbell, Campbell Litigation
Discussion of trial themes and how to use them effectively during jury trials.

1:45 – 2:30 p.m.
Plenary Session:  Opening Statements (Full Group lecture)
Presenter:  James Epstein, JAMS
Guidance on how best to present an opening statement during a jury trial.

2:30 – 2:45 p.m.
Break

2:45 5:30 p.m.
Team Breakout Session:  Present Assigned Opening Statements
Led by Team Coaches
Each Trial Institute attendee will present an opening statement and will be given feedback on the opening

Friday, September 20

8:00 – 8:30 a.m.
Continental Breakfast

8:30 – 9:15 a.m.
Plenary Presentation:  Expert Witnesses (Full Group lecture)
Presenter:  Alan Epstein, Spector Gadon & Rosen
The “do’s and don’ts” of presenting and defending against expert witnesses at trial.

9:15 a.m. – 10:00 p.m.
Plenary Presentation:  Direct Examination
Presenter:  Barbara Johnson, BLJohnsonLaw
Guidance on how best to conduct a direct examination of your witness during a jury trial.

10:00 – 10:15 a.m.
Break

10:15 a.m. – 12:00 p.m.
Team Breakout Session:  Direct Examination Exercise
Led by Team Coaches
Each Trial Institute attendee will conduct a direct examination of a witness in the case and will be given feedback on the examination.

12:00 – 12:30 p.m.
Lunch

12:30 – 1:30 p.m.
Plenary Presentation:  Trial Ethics (Full Group lecture)
Presenter:  Dennis Duffy, Baker & Hostetler
Professional Conduct Presentation:  ethical issues related to and arising during trials (1 hour of CLE ethics credit).

1:30 – 2:15 p.m.
Plenary Presentation:  Cross Examination (Full Group lecture)
Guidance on how to effectively cross examine an adverse witness during a jury trial.
Presenter:  James M. Finberg

2:15 p.m. – 3:45 p.m.
Team Breakout Session:  Cross Examination Exercise
Led by Team Coaches
Each Trial Institute attendee will conduct a cross examination of a witness in the case and will be given feedback on the examination.

3:45 – 4:00 p.m.
Break

4:00 – 4:45 p.m.
Plenary Presentation:  Trial Motions
Rule 50 motions and other motions that can be made during and after jury trials.
Presenter:  Diane Smason, U.S. Equal Employment Opportunity Commission

4:45 – 5:30 p.m.
Plenary Presentation:  Dealing with Distractions (Full Group lecture)
Presenter:  Joseph M. Gagliardo, Laner Muchin  
Common jury trial objections and other evidentiary issues that arise during labor and employment trials.

5:30 – 6:00 p.m.
Reception – included in registration fee

Saturday, September 21

8:00 – 8:30 a.m.
Continental Breakfast

8:30 – 9:15 a.m.
Plenary Presentation:  Closing Arguments (Full Group lecture)
Guidance on how to present an effective closing argument during a jury trial.
Presenter: Mark Grajski, Seyfarth Shaw

9:15 – 10:45 a.m.
Plenary Presentation:  Litigation Technology (Full Group lecture)
Bruce M. Kohen Courtroom
How to make the best use of today’s technology and high-tech courtrooms during jury trials.
Presenter: Nicholas A. Caputo, Caputo & Popovic

10:45 a.m. – 11:00 a.m.
Break

11:00 – 12:15 p.m.
Team Breakout Session:  Present Assigned Closing Arguments
Led by Team Coaches
Each Trial Institute attendee will present a closing argument and will be given feedback on the argument.

12:15 – 12:45 p.m.
Box Lunch – included in registration fee

12:45 – 2:15 p.m.
Team Breakout Session:  Continue Presenting Assigned Closing Arguments
Led by Team Coaches
Each Trial Institute attendee will present a closing argument and will be given feedback on the argument.

2:15 – 2:45 p.m.
Strategy and Trial Presentation Q&A (Full Group lecture)
Led by Team Coaches
In anticipation of tomorrow’s mock trials, Team Coaches will discuss the session’s exercises and will make strategy suggestions for successful presentation of the case to a jury.

2:45 p.m. - until
Prepare for Trials

Sunday, September 22

Location:  United States District Court for the Northern District of Illinois
Everett M. Dirksen Courthouse, 219 South Dearborn Street, Chicago, IL  60604

MOCK TRIAL DAY

Each Team will participate in two mock trials. 

Each Trial Institute attendee will act as an advocate during one mock trial and will act as a witness during another mock trial.  If an attendee is trying the case as an advocate in the morning, that attendee will act as a witness on the same side of the case in the afternoon.  The same principle applies for the afternoon trials. 

Each team will decide how to divide up assignments.  When an attendee is acting as an advocate, each attendee will present either an opening statement or a closing argument (each trial team will consist of two advocates:  one advocate will present the opening; the other advocate will present the closing).  Each attendee will also conduct one direct examination and one cross examination

During the second trial, everyone will switch roles.  Each attendee who acted as an advocate during the morning trial will act as a witness for his/her fellow team members during the afternoon trials.  And each attendee who acted as a witness during the morning trial will act as an advocate during the afternoon trial.

8:00 – 8:30 a.m.
Continental Breakfast

8:30 – 9:00 a.m.
Check In and Set Up for Trials

9:00 a.m. – 12:30 p.m.
Morning Trials
Each Trial Institute attendee will participate in a mock jury trial.

12:30 – 1:30 p.m.
Lunch

1:30 – 5:00 p.m.
Afternoon Trials
Each Trial Institute attendee will participate in a mock jury trial.