Section Monthly Email Header


Your Membership ID is: &CUSTOMER;
Update your contact settings online
Update your preferences

Connect with Us:

Facebook LinkLinkedIn LinkTwitter Link
Things You Should Know

FREE LIVE STREAMED EVENT: A program commemorating the 50th anniversary of the landmark decision, Gideon v. Wainwright, will be live streamed on January 18, 2013 (add this event to your calendar). Mr. Gideon’s prisoner’s petition to the U.S. Supreme Court resulted in the recognized right of counsel for indigent criminal defendants charged with felonies. Speakers include: Prof. Bruce Jacob, dean emeritus and professor of law at Stetson University College of Law; Anthony Graves, motivational speaker and legal consultant; Anthony Lewis, Journalist, Author, and Academic and Hon. Carlos J. Martinez, Miami-Dade public defender. Moderating will be JoAnne A. Epps, dean of Temple Beasley School of Law.

SAC EARLY-BIRD DISCOUNTS EXPIRING! The Section of Litigation Annual Conference (April 24–26; Chicago, IL) is THE conference for litigators. Choose from 70 CLE programs; connect with leading lawyers & judges from across the country. Early-bird registration discounts for SAC expire soon. Take advantage of early-bird pricing ($500/$350 for first-time attendees) now to save money.

Last Chance To Renew:  It’s that time of year: If you haven’t yet renewed your Section and ABA membership, the last chance is February. Don’t lose out. Click here  to renew online, or to check your dues status. The Section needs you, and you need the Section. Let’s stay together.

Take Advantage of Your Dues! In the next 30 days, the Section presents three free roundtables: Depositions Abroad in U.S. Litigation (Thursday, January 24, 2013 at 1:30–2:30 p.m. Eastern); Litigation Issues in Bankruptcy Cases (Thursday, January 24, 2013 at 3:00-4:00 p.m. Eastern), and Launching the Young Litigator:  How to Develop an Effective Business Development Plan (Thursday, February 14, 2013 at 3:00–4:00 pm Eastern). Click here for registration.

FREE CLE ON ESI IN THE BIG D: Judges' Perspectives on Current Solutions to the Many Problems Regarding Electronically Stored Information (ESI). PANELISTS:  Judge J. Michelle Childs (U.S. district judge, Greenville, SC); Judge Robert Collings (U.S. magistrate judge, Boston, MA); Judge Lee Rosenthal (U.S. district judge, Houston, TX); Judge Shira Scheindlin (U.S. district judge, New York, NY); Judge David Waxse (U.S. magistrate judge, Kansas City, MO). Saturday, February 9, 2013 at 3:45–5:00 p.m. CST; Governors Lecture Hall, Lobby Level, Tower, The Anatole Hotel, 2201 Stemmons Freeway, Dallas, TX.

DIVERSITY LEADERSHIP AWARD CALL FOR NOMINATIONS: The Section of Litigation established the Diversity Leadership Award in 2008 to recognize a continued commitment to promoting full and equal participation in the legal profession through inclusion of women, minorities, persons with disabilities, and/or persons of differing sexual orientations and gender identities. A call for nominations is now underway through January 25, 2013. For more information about the nomination process, visit Diversity Leadership Award.

SUPPORT OPPORTUNITIES FOR LEGAL SERVICES/LEGAL AID PROGRAMS: Please alert the legal services/legal aid programs in your area to the January 25, 2013, application deadline for the Section of Litigation’s: (1) 2013 Fund-raising Training Program with the private bar April 25–26 at SAC in Chicago; and (2) 2013 Justice Assistance Fund Grants OF UP TO $5000. Read more.

Focus on Trial Evidence

Our focus this month is trial evidence. Understanding what evidence comes in, why, and for what purpose can make or break a case. Because in the end, what matters is not the evidence you have or don’t have, but the evidence you and opposing counsel were able to introduce for consideration by the fact-finder. This Section has many resources to assist litigators. Here’s a sampling.

Selected Resources:



Sound Advice:


To review Section focus topics from prior months, please click here.

Upcoming Events



Joint Committees CLE Seminar
January 31-February 2, 2013
Sheraton Steamboat
Steamboat, CO

ABA Midyear Meeting
February 6-12, 2013
The Hilton Anatole Hotel
Dallas, TX

Corporate Counsel CLE Seminar
February 14-17, 2013
Westin Diplomat Resort and Spa
Hollywood, FL



Insurance Coverage CLE Seminar
February 28-March 2, 2013
Loews Resort
Tucson, AZ

Section Annual Conference
April 24-26, 2013
JW Marriott Chicago
Chicago, IL
Take Advantage of Early Bird Registration!

Trial Advocacy Video Tip

play button

Andra Greene - Advantages of Technology

Using a laptop during trial can increase efficiency when trying a case.

Robert Gross - Strategic Issues
Tips on the conduct of the trial and the order of proof.

D. Alan Rudlin - Using Experts
The techniques used to find and use experts.

Nancy Degan - Investigating Experts
Investigate your expert's background as thoroughly as you would investigate the background of opposing counsel's expert.

To view more Trial Advocacy Tips, visit the Section of Litigation YouTube Channel.




(Expert discussion on hot topics)

Roundtables are free teleconferences with leading lawyers and judges on important issues within the committee’s area of expertise. Visit the Roundtables webpage to learn more about Roundtables and to register for upcoming sessions.

Presented by the International Litigation Committee
Thursday, January 24, 2013 at 1:30–2:30 p.m. Eastern
Register Now!

Presented by the Bankruptcy & Insolvency Committee
Thursday, January 24, 2013 at 3:00–4:00 p.m. Eastern
Register Now!

Presented by the Young Advocates Committee
Thursday, February 14, 2013 at 3:00–4:00 p.m. Eastern
Register Now!

View the list of upcoming Roundtable programs and register online.



Recent Committee Newsletters:  Intellectual Property Litigation(Fall 2012/ Winter 2013); Pro Bono & Public Interest(Fall 2012); Professional Liability Litigation(Fall 2012); Bankruptcy & Insolvency Litigation (Fall 2012); Securities Litigation(Fall 2012); Woman Advocate(Fall 2012); Class Actions & Derivative Suits(Fall 2012); Pretrial Practice & Discovery(Fall 2012); Mass Torts Litigation(Fall 2012); Commercial & Business Litigation(Fall 2012); Insurance Coverage Litigation(November/December 2012); Consumer Litigation(Fall 2012).



Sound Advice Audio

sound advice

Every month, the Section posts three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we post a podcast on ethics; the second Monday on evidence; and the third Monday on e-discovery/procedure. These podcasts are supplemented by substantive and procedural topics prepared by the Section’s committees. Please be sure to visit the library of Sound Advice podcasts.

ETHICS: Standards for Disqualifying Expert Witnesses
By Mike Downey, Armstrong Teasdale LLP, St. Louis, MO
Litigator and ethics professor Mike Downey outlines three standards that can be used when attempting to get an opposing counsel’s expert disqualified from a case. (8:29 min)

PROCEDURE/E-DISCOVERY: Inadvertent Production of Documents
By John Barkett, Shook, Hardy & Bacon, Miami, FL
Unfortunately for clients, accidental production of documents does occur. John Barkett discusses what should happen when privileged or protected documents mistakenly get shared with opposing counsel. (6:32 min)

EVIDENCE: Authentication of Evidence
By Professor Stephan Landsman, DePaul University College of Law, Chicago, IL
Veteran ethics professor Stephan Landsman discusses authentication and the seven-step process to establish it for evidentiary purposes. (12:40 min)

Protecting Your Clients’ Interests During a Bankruptcy
Judge Raymond Pianka, Cleveland Municipal Housing Division, Cleveland, OH
Real Estate Litigation Committee
Judge Raymond Pianka advises attorneys to pay close attention because, despite a bankruptcy, property owners still have legal obligations concerning real estate. (6:15 min)

Transgender Protections Against Employment Discrimination - Part I
Nancy Marcus, Berkman, Gordon, Murray and Devan, Cleveland, OH
Civil Rights Litigation Committee
Nancy Marcus highlights three recent developments regarding transgender rights that may impact employment discrimination cases across the country. (10:10 min)

Leaving a Large Firm? Avoid Burning Bridges
Paul Lehner, Adducci, Dorf, Lehner, Mitchell & Blankenship, Chicago, IL
Solo & Small Firm Committee
If you are contemplating venturing out on your own, listen to Paul Lehner as he shares the strategy behind his successful transition from working at a large firm to launching his own business. (7:55 min)

Dividing Shared Business Assets During a Divorce
Tracy Coenen, Sequence Inc., Milwaukee, WI
Family Law Litigation Committee
Hear forensic accountant Tracy Coenen as she explains the ins and outs of dividing mutual business interests, including obtaining tax returns and financial statements, during sensitive divorce proceedings. (8:52 min)

12 Sure Ways to Lose Trials
Judge Ruben Castillo, Northern District of Illinois, Chicago, IL
Trial Practice Committee
Every day, lawyers sabotage their own cases at trial for a wide array of reasons. Learn what pitfalls to dodge as Judge Ruben Castillo shares his insights from the bench. (8:57 min)

The Service Members Civil Relief Act (SCRA)
Janet Totter, Veterans’ Legal Assistance Project, Austin, TX
Pro Bono & Public Interest Committee
Representing veterans can create unique issues. Janet Totter outlines the specifics of the SCRA and who is covered. (11:06 min)

Disputes Involving Canada: Considerations for U.S. Practitioners
Paul Lalonde, Heenan Blaikie LLP/SRL, Toronto, CA
International Litigation Committee
Listen as Paul Lalonde outlines a few factors U.S. attorneys should keep in mind as they help clients deal with matters involving our cousin up north. (11:00 min)

Improving Your D&O Policy?
Sheri Pastor, McCarter & English, Newark, NJ
Insurance Coverage Litigation Committee
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)

Liquor Liability Coverage
Laura Hanson, Meagher & Geer P.L.L.P., Minneapolis, MN
Insurance Coverage Litigation Committee
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min)

“Rambo” Attorneys—How to Handle Legal Bullies
Mike Downey, Armstrong Teasdale LLP, Saint Louis, MO
Ethics & Professionalism Committee
Dealing with legal bullies is never pleasant. Hear as Mike Downey give eight steps to best handle these “Rambo” attorneys. (14:56 min)

ABA Model Rules of Professional Conduct—Why Should Lawyers Care?
Greg Hanthorn, Jones Day, Atlanta, GA
Ethics & Professionalism Committee
Greg Hanthorn highlights three reasons why all lawyers, regardless of location, should read the ABA Model Rules. (11:09 min)

Joint Venture Exclusions
Ron Kammer, Hinshaw & Culbertson LLP, Coral Gables, FL
Insurance Coverage Litigation Committee
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)

Defending CERCLA Actions—What is Your Duty?
Jodi Spencer Johnson, Thacker Martinsek LPA, Cleveland, OH
Insurance Coverage Litigation Committee
Jodi Spencer Johnson discusses when the duty to defend these environmental-cleanup actions actually begins. (6:50 min)

Litigating Front Pay Claims—A Primer
Kevin O’Connor, Peckar & Abramson, P.C., River Edge, NJ
Employment and Labor Relations Law Committee
When litigating statutory claims of harassment or discrimination, do you seek reinstatement, front pay, or both? Kevin J. O’Connor outlines the factors that must be considered. (9:57 min)

Check the Sound Advice Library and the Committee pages regularly for new postings.

QUICK LINKS Contact StaffContact the Officers
CommitteesKey SubjectsUniform Task-Based
Management System (UTBS)
Litigation 101
Litigation NewsLitigation JournalBooksYoung Lawyers
Good WorksJIOPDiversity/InclusionDeath Penalty Children’s Rights

Section Sponsors Meetings Sponsor


This message was sent to &EMAIL_ADDRESS;. Your e-mail address will only be used within the ABA and its entities.
We do not sell or rent e-mail addresses.
Update your profile  Manage your list/email preferences  Unsubscribe from other ABA email 
Privacy Policy  Contact Us

American Bar Association | 321 N Clark, Chicago, IL 60654-7598 | 800-285-2221 | 312-988-5522