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Depos: How to Master the Deposition (CA)
Audio program! (check our CLE Programs page for live versions)
Depositions are not a “one size fits all” process. Good depositions are like art. They take thought, skill and patience—and creativity—from start to finish. Our expert litigators will guide you through the nuanced art of the depo, from understanding the differences between trial and discovery depos to dealing with hostile witnesses and difficult opposing counsel.
And that’s not all. You’ll also find out when to call the judge and when it can be avoided. Do not go into your next deposition unprepared. Let us teach you the methods that have helped our experts succeed.
This program will provide you with strategies to take and defend better depositions both before and during trial.
The program was recorded in spring of 2018.
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What You Will Learn
Overview and Strategy
- Depositions not a “one size fits all” process – trial deposition vs. discovery deposition
- Understanding your goals and keeping your deposition goal-driven
- Is this depo really necessary? Determining whether the depo is worth the time and money and what you plan to get from it for your case/trial
- Who should attend and why
- Thoughts on preparing specific questions and outline of themes
- Preparing for “unexpected” answers/objections or other difficulties
- Other tips and tricks that may give you an edge
- Using the depo at your hearing or trial – strategies and techniques
- How to best prepare your witness:
- Tips and strategies
- Difficulties to avoid
- What happens when you have a witness who can’t or won’t take the time to be prepared – what are your options (can you do it remotely, do you drop the witness, do you roll the dice, etc.)
- What happens when you have a witness that won’t listen to you when you are preparing them
- What do you do if you realize during witness prep that the witness is going to be a disaster (too angry, bad presence, lies, too weak, rambles too much, a danger to your case, anything along these lines) – including when you are working under a more senior partner or when you are the decision maker
- Anything else you can think of that you’ve had to deal with not covered above
- The percipient witness vs. a PMK
- Ethical considerations
Expert Witness Depositions
- Effective opposition research options on expert witnesses
- Strategies to qualify and/or attack expert witnesses
- Attacking the expert with his/her own words from prior deposition, treatises, expert reports, etc.
- Using Motions in Limine to exclude expert or testimony
- Preparing Your Expert for Deposition
Handling Documents & Exhibits – Making the Record; Get the Authentication You Need
Impeaching the Witness – Practical Advice and Strategies
- How do I do it?
- Why do I do it? / Depo objection strategies
- What to avoid
- Biggest risks in objecting and not objecting
- Specific objections and real-world examples
Mock Demonstration and Discussion about Demonstration focusing on objections and impeachment
Handling the Difficult Witness and/or Opposing Counsel
Concrete tips and advice, such as:
- The angry opposing counsel – what do you do?
- When opposing counsel yells – how to handle
- Opposing counsel that objects to everything, how do you handle?
- The witness keeps obfuscating or saying, “I don’t remember,” to everything, now what?
- You know the witness is lying – is there anything you can do?
- How to keep the depo from getting out of control
- How to avoid needing to call the judge
- The times when it is worth bothering the judge in the middle of your depo
Mock Demonstration and Discussion about Demonstration focusing on difficult witnesses/counsel
Audience Participation – Audience asks Mock Depo Questions to Attorneys on Fact Pattern Given
“Great time – Ryan McNamara and Paul Traina were fantastic.” – Zac Cohen, Esq.
“Wonderful speakers.” – Jennifer Misetch, Esq.
“All speakers were awesome. I was particularly impressed with Ryan McNamara. Thank you very much!” – ChaHee Lee Olson, Esq.
“I was extremely satisfied! I felt like all my misconceptions and unanswered deposition questions were sufficiently covered. Before today I felt ‘half-baked’ regarding depositions, but after the seminar, I feel confident and a lot more knowledgeable. Overall, a great learning experience.” – Aisha Oyarekhua, Esq.
“Insightful and practical preparation tips.” – Brennan Mitch, Esq.
“Very informative session. The tips and strategies presented today made me rethink what I need to do in discovery.” – Lorelei English, Esq.
“It helped give me more insight on how to prepare for future depos. I liked the deposition acting at the end!” – Cleve Collado, Esq.
“Very informative, especially for a new attorney with minimal depo experience.” – Nick Colla, Esq.
“Very clear, succinct.” – Beth Hodess, Esq.
“Fully satisfied.” – Jay Wither, Esq.
“The LiveNote and mock depo demonstration was very helpful/practical.” – Wendy Wang, Esq.
“Overall, outstanding panel for depositions – all speakers have great war stories and depo strategies for new attorneys and seasoned attorneys alike.” – Darlene Hernandez, Esq.
“Great and useful topic.”
“Excellent and thoughtful.”
“It was very helpful.”
“Great! Best CLE ever!”
“Good summary of existing law as to objections – very useful for practice.”
“Great practical tips supported by real world examples bolstered by video and transcript excerpts!”
“Helpful, practical insight regarding plaintiff depos. Good tips on current ethical considerations. The presentation on objections was most applicable to my situation and will definitely help in my practice. Good variety of presenters who work well together.”
“A good framework for taking and defending depositions.”
“Provided practical tips to utilize in deposition and concrete examples.”
“Good balance between plaintiff and defense comments, liked the examples.”
“Everyone was excellent, knowledgeable, approachable, great. Best speakers I have had.”
“My objective of learning practical advice and tips about defending and taking deposition was fully satisfied. Good variety of presenters who work well together; after attending, I am slightly less terrified to take the next deposition.”
“Last Thursday I took and defended my first deposition. Although I have not yet seen the transcript, I believe the deposition was a great success. The reporter was shocked to hear it was my first deposition. I write this not to toot my own horn, so to speak, but rather to tell you how valuable it was to hear your presentation and insights during the all-day deposition training last fall. Long story short, thank you for helping make my first deposition smooth and successful.”
“Fantastic panelists! Extremely engaging and helpful! Excellent program! 5-star presenters!! Practical advice and helpful tips.”
“I received a lot of good information and case law regarding depositions.”
Jeffrey Brown, Esq.
Thompson Coburn LLP
As a real estate litigator with more than 30 years of experience, Jeff develops and executes highly effective litigation strategies for clients with all types of commercial real estate disputes. He has handled matters ranging from the repossession of a commercial passenger airplane in Toronto to a million disclosure claim arising from a tax dispute over massive advertising spaces on Sunset Boulevard.
Jeff has obtained favorable results in state and federal courts, arbitrations, and before state and federal appellate courts. His broad litigation skills also benefit clients during deal negotiations and pre-litigation stages, helping them to minimize exposure and maximize recovery in the event of a future dispute.
As the editor of Thompson Coburn’s commercial real property blog, The Ground Floor, Jeff writes about critical issues surrounding the acquisition, management, and disposition of real property in California.
Jeff counsels clients on and has successfully resolved disputes involving all aspects of commercial real estate, including:
– Joint ventures
– Real estate funds
– Acquisitions and dispositions
– Ground leases, retail and office leasing
– Foreclosures and receiverships
– Land use, including CEQA
– Environmental, including CERCLA
– Real and personal property-secured loans
In addition to his real estate practice, Jeff frequently leads other litigation efforts, including product liability, IP, and general commercial disputes. His product liability/toxic tort experience includes claims involving pharmaceuticals, asbestos, petroleum products, and agricultural products. His IP experience includes copyright and trademark disputes for a national manufacturer and a sweepstakes company.
Clint W. Johnson, Esq.
Berkes Crane Robinson & Seal LLP
Clint Wesley Johnson is a partner with Berkes Crane Robinson & Seal LLP. Mr. Johnson brings trial and clerkship experience to his practice in toxic torts, business litigation, insurance defense, insurance coverage, products liability defense and complex litigation. Mr. Johnson received his B.A. from Washington University in St. Louis in philosophy and finance in 2004 and received his Juris Doctorate from Washington University School of Law in 2007. While attending law school in St. Louis, Mr. Johnson was a Senior Editor for the Washington University Law Review and was a member of Moot Court. Additionally, Mr. Johnson clerked as a Judicial Extern for the Honorable E. Richard Webber, United States District Court, Eastern District of Missouri. Mr. Johnson is presently a member of the American Bar Association, the Beverly Hills Bar Association, and the Los Angeles Bar Association.
Representative Trials to Verdict:
Tommy D. Tate et al v. Amcord Inc. et al. (2015). Robert Berkes and Clint Johnson tried this case to verdict on behalf of CalPortland Company. The lone defendant remaining at verdict, CalPortland was unanimously found not liable in this living mesothelioma case filed by the Levin Simes firm.
Rick Rush, et al. v. Amcord, Inc., et al. (2013). Viiu Spangler Khare and Clint Johnson tried this case to verdict on behalf of CalPortland Company. One of three defendants at trial, CalPortland was found not liable in this wrongful death lung cancer case filed by the Keller Fishback & Jackson firm.
Ryan M. McNamara, Esq.
Call & Jensen
Ryan McNamara is a shareholder with the Newport Beach civil defense firm Call & Jensen. He practices in the area of business litigation and class action defense with a specialty in defending businesses from claims under the Americans with Disabilities Act or “ADA.” He’s secured over 100 dismissal victories for his clients via deposition and, since joining Call & Jensen in 2007, remains undefeated in trial. Judges have described his depositions as “devastating” and his cross-examinations as “meticulous.” In assessing Mr. McNamara’s cross-examination skills, a federal judge noted that Mr. McNamara “continually impeached Plaintiff with nearly every questions asked during both direct- and cross-examinations.”
Prior to joining Call & Jensen in January of 2007, Mr. McNamara enjoyed four years as an associate at the renowned plaintiffs’ litigation firm Girardi & Keese. While at Girardi & Keese, Mr. McNamara gained valuable experience in the areas of mass torts, premises liability, and product liability while working closely with some of California’s finest trial attorneys.
Ryan is a graduate of The University of Texas at Austin, Pepperdine University School of Law, and the top-ranked Straus Institute of Dispute Resolution.
A popular speaker, Mr. McNamara has personally trained over 1,000 attorneys in California on how to conduct winning depositions.
In his free time, Ryan travels throughout the world and, as an animal lover, volunteers and cares for abandoned and neglected pit bulls.
Nili Moghaddam, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
Ms. Moghaddam joined Skadden after serving as an Assistant U.S. Attorney in Los Angeles. Prior to joining the firm, she served as an assistant U.S. attorney with the U.S. Attorney’s office in Los Angeles from 2008 to 2014. During her tenure with the Department of Justice, Ms. Moghaddam handled numerous cases related to racketeering and financial crimes, including money laundering, bank fraud, mail fraud, wire fraud, structuring and identity theft. Highlights of her experience at the U.S. Attorney’s office include:
* prosecuting 17 defendants charged with structuring nearly million in proceeds related to a pharmaceutical diversion scheme;
* prosecuting 43 defendants charged with RICO conspiracy, narcotics conspiracy, money laundering and violent crimes in aid of racketeering;
* obtaining and successfully defending on appeal a conviction for RICO, narcotics conspiracy and violent crimes in aid of racketeering, which resulted in a published decision by the U.S. Court of Appeals for the Ninth Circuit; and
* prosecuting nine defendants for provision of material support to a foreign terrorist organization.
In 2013, Ms. Moghaddam received the "California Lawyer of the Year" award from California Lawyer magazine, which annually recognizes attorneys whose work has had a significant impact on the law, an industry or the legal profession. In 2016, she was named one of the "Most Influential Minority Lawyers" by the Los Angeles Business Journal.
In addition, in recognition of her achievements as a federal prosecutor, Ms. Moghaddam was nominated for the Attorney General’s Award for Distinguished Service, the Executive Office for United States Attorneys Director’s Award and the Federal Bureau of Investigation Director’s Award for Excellence.
Prior to joining the U.S. Attorney’s office, Ms. Moghaddam worked as a litigation associate at a prominent New York law firm from 2003 to 2008, where her practice focused on internal investigations, regulatory enforcement matters and complex commercial litigation. From 2002 to 2003, she clerked for the Honorable John S. Martin, Jr. in the U.S. District Court for the Southern District of New York.
Ms. Moghaddam is fluent in Farsi and proficient in French.
Laura Morris, Esq.
Senior Trial Attorney
Callahan & Blaine
Laura M. Morris is Senior Attorney at Callahan & Blaine. She specializes in representing plaintiffs in complex catastrophic personal injury, wrongful death and medical malpractice matters. In addition, she heads Callahan & Blaine’s Mass Torts Department where, at the present time, she is representing clients in national multidistrict litigation involving Transvaginal Mesh and the drugs Xarelto and Invokana.
Ms. Morris is committed to aggressively advocating for her clients to ensure their interests are fully representing and the best possible result is achieved. In connection with her representation of consumers, her efforts have resulted in the recovery of tens of millions of dollars through settlement, arbitration and trial against negligent individuals, public entities, corporations and other businesses. Her clients have consistently received the necessary money to provide them with the medical care, treatment and services they require throughout their lifetime or to compensate them as a result of the death of a loved one.
Ms. Morris graduated cum laude from the University of San Diego where she majored in Philosophy. She obtained her J.D. from the University of San Diego School of Law. While in law school Ms. Morris studied international and comparative law in Florence, Italy and Oxford, England.
Ms. Morris is a member of the State Bar of California and the United States District Court for the Central, Northern, Eastern and Southern Districts of California. She is also a member of the National Trial Lawyers, Top 100 Trial Lawyers, the Consumer Attorneys Association of California, the American Association of Justice and the Orange County Trial Lawyers Association.
Ian P. Samson, Esq.
Panish Shea & Boyle
Ian Samson is an experienced litigator and trial lawyer who represents clients in catastrophic injury matters, whistleblower litigation, class actions, professional liability cases, and commercial litigation. Innovative, tireless, and always willing to go the extra mile for his clients, Ian is a zealous and devoted advocate who has gone toe-to-toe with some of the most highly-regarded law firms in the nation. Equally comfortable arguing a specific point of law to a federal court judge as he is explaining the big picture to a state court jury, Ian uses every aspect of his experience to get the best possible result for his clients.
Ian was born and raised in Phoenix and attended college in Seattle, where he played drums in a rock band. He moved to San Francisco for law school and graduated in the top of his class at University of California, Hastings College of the Law. During law school he clerked for a complex plaintiffs’ firm, helped write briefs for the United States Supreme Court and other appellate courts at Public Justice, a consumer advocacy group, and externed for the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit. Ian began his legal career working as a litigation associate at Girard Gibbs LLP in San Francisco. Moving to Los Angeles in 2013, Ian joined Engstrom Lipscomb & Lack, a renowned plaintiffs’ firm made famous by the PG&E chromium-6 matter portrayed in the blockbuster movie Erin Brockovich. Ian practiced at EL&L until 2017, when he joined Stalwart Law Group.
Ian is a member of the Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California, and Public Justice. He was recognized as a “Rising Star” by Super Lawyers in 2013.
Catastrophic Injuries and Wrongful Death
The son of a plaintiffs’ trial lawyer, Ian has focused his practice on obtaining justice for individuals harmed or killed by negligence, intentional wrongdoing, and defective products. Ian has represented individuals who have suffered traumatic brain injuries, horrific burns, debilitating bodily injuries, and severe emotional distress as a result of automotive accidents, bicycle accidents, dangerous conditions on public and private property, defective products, and excessive force by law enforcement. Ian understands how to litigate and try these matters, leading to millions of dollars recovered by his clients.
Ian is not only well-versed in the ins-and-outs of whistleblower litigation; he recognizes the immense risk whistleblowers take to bring fraud to light. Ian takes the time to understand what are often complicated fraudulent schemes, and helps his clients navigate the procedural thicket of qui tam cases and claims made under the SEC and CFTC whistleblower programs. Ian has litigated issues on the cutting edge of whistleblower law and is a regular speaker on whistleblower issues.
Ian has represented plaintiffs in complex class actions involving thousands of class members and with millions of dollars at stake. A fierce opponent of forced consumer arbitration clauses and class action waivers, Ian has used innovative legal arguments to preserve his clients’ day in court. Whether federal securities class actions or state class actions based on state law statutory violations, Ian’s efforts have resulted in millions of dollars recovered for class members.
Ian routinely speaks on legal matters on with sitting federal and state judges and other experienced litigators:
Discovery and Depositions, Pincus Professional Education’s 13th Annual Federal Court Bootcamp (2017)
Discovery and Depositions, Pincus Professional Education’s 13th Annual Federal Court Bootcamp (2016)
Summary Judgment and Pre-trial and Trial Litigation, Pincus Professional Education’s 11th Annual Superior Court Boot Camp (2016)
Pre-trial and Trial Litigation, Pincus Professional Education’s 10th Annual Superior Court Boot Camp (2015)
Paul Traina, Esq.
Panish Shea & Boyle
Paul Traina has practiced law for the past 25 years spending his first five years representing automobile manufacturers and insurance companies and the last twenty years representing consumers on a pure contingency basis. Paul is an experienced, fiercely competitive litigator and trial lawyer and has obtained verdicts and recoveries for his clients totaling over 3 billion dollars. Paul has and continues to represent clients in matters involving catastrophic injuries, defective products, whistleblower litigation, class actions, professional liability cases, and business/commercial litigation and is a frequent guest lecturer at Loyola Law Schools Trial Advocacy Class. Paul has lectured around the country on topics ranging from class actions, conflicts of interest, opening and closing arguments, and direct and cross examinations of both lay and expert witnesses.
Paul was born and raised in Charlotte, Michigan with his two brothers and one sister. He attended the University of Minnesota where he earned degrees in History, Political Science and Philosophy. After college, he moved to California, with his girlfriend Pam (now wife for 28 years) for law school where he attended Pepperdine University. During law school, he clerked at various firms and the Ventura Public Defenders Office. After graduation, Paul started his legal career at the defense firm of Harrington, Foxx, Dubrow and Canter where he worked for 4 years doing heavy litigation and trying cases.
In 1996, Paul joined the prestigious law firm of Engstrom Lipscomb & Lack, a firm made famous by the PG&E chromium-6 matter portrayed in the blockbuster movie Erin Brockovich. As young partner, Paul litigated and tried large complex injury cases on behalf of businesses and consumers with both Walter Lack and Thomas Girardi and continued litigating and trying cases during his tenure at Engstrom before joining the Stalwart Law Group in July of 2017.
Paul is a member of the Consumer Attorneys Association of Los Angeles and Consumer Attorneys of California. He was recognized as one of Southern California’s Super lawyers from 2004-2009.
Paul routinely speaks on legal matters with sitting federal and state judges and other experienced litigators.
Michelle West, Esq.
Robinson Calcagnie Robinson Shapiro Davis, Inc.
Prior to joining the firm in 2008, Ms. West’s practice focused on business litigation, product liability including automotive and aviation matters, government claims, and medical malpractice. Ms. West has also prepared appellate briefs for the California Court of Appeal including the California Supreme Court. Ms. West currently works on product liability matters and mass tort litigation for the firm.
Michelle Marie West graduated cum laude from Pepperdine University School of Law where she graduated in the top 10% of the class. While at Pepperdine, Ms. West was an editor of the Pepperdine Dispute Resolution Law Journal, a member of the Moot Court Board and a research assistant to Professor Kristine S. Knaplund assisting in research and editing for Ms. Knaplund’s article Postmortem Conception and a Father’s Last Will, 46 Ariz. L. Rev. 91 (2001). Ms. West received several awards for achievement during law school including the Witkin/West Group award for Academic Excellence for the highest grade in several courses and the CALI Excellence for the Future Award. Ms. West was also on the Dean’s Honor List. She received her undergraduate degree from the California State University at Long Beach.
Ms. West is admitted to the California Bar and the United States District Court, Central District. Ms. West is a member of the Consumer Attorneys of California, Consumer Attorneys of Los Angeles, Orange County Bar Association, Orange County Trial Lawyers Association, Los Angeles County Bar Association, South Bay Bar Association, and Women’s Lawyers Association of Los Angeles.
In her free time, Ms. West enjoys marathons and triathlons and has completed more than 30 marathons as well as a 50-mile ultramarathon. Ms. West has finished in the top 100 women in the Los Angeles Marathon several times, has run the Boston Marathon twice, and raised money for St. Jude’s Children’s Hospital for the Marine Corps Marathon. Ms. West has also completed numerous ultra distance cycling events and participated in the Livestrong Challenge in Orange County raising money for cancer research.
Scot D. Wilson, Esq.
Robinson Calcagnie, Inc.
Scot Wilson is a partner at Robinson Calcagnie‚ Inc.‚ where he handles a broad range of serious personal injury‚ products liability‚ mass tort and class action litigation.
After receiving his undergraduate degree from the University of California‚ San Diego‚ Mr. Wilson graduated cum laude from Pepperdine University School of Law. While at Pepperdine‚ he served as Note & Comment Editor for the Pepperdine Law Review. In addition‚ he received the first-place award in the Dalsimer Moot Court Competition and was a finalist in the Armand Arabian Trial Advocacy Tournament. Mr. Wilson was also a two-time winner of the Best-Brief Award in the Dalsimer Moot Court Competition.
Prior to joining the firm‚ Mr. Wilson served as a judicial extern to Judge William J. Rea in the United States District Court for the Central District of California‚ gained trial experience as a pro bono Deputy District Attorney with the Orange County District Attorney’s Office Trial Attorney Partnership Program‚ and worked on a variety of litigation matters with two Orange County firms: a large international firm, and subsequently, a prominent regional firm specializing in complex business litigation and class actions.
Mr. Wilson is admitted to practice in California and numerous federal courts throughout the nation‚ including the United States District Courts for the Central District of California‚ Southern District of California‚ Northern District of California‚ Northern District of Illinois‚ Eastern District of Pennsylvania‚ and United States Court of Appeals for the Ninth Circuit. He also is a member of the Orange County Bar Association and Association of Business Trial Lawyers. For the past four consecutive years‚ he has been recognized as a “Rising Star” by Los Angeles magazine as one of the top litigation attorneys in Southern California.
Evangeline Burbidge, Esq.
Lewis & Llewellyn LLP
Evangeline (Evan) is a leader in the legal community, a trusted counselor, and a skilled advocate. Whether litigating a case or advising a client, Evan understands the importance of the big picture. She also knows that being an effective litigator means not only fighting hard, but also being a proactive problem solver. She is a straight shooter, respected by both colleagues and opposing counsel.
Evan litigates and advises on a broad array of matters, including complex commercial cases, trade secret theft, fraud, breach of contract, and other business disputes. Since joining Lewis & Llewellyn, she has worked for Fortune 100 companies, individuals, and Silicon Valley start-ups, both litigating and conducting internal investigations. Evan has worked on both the defense and plaintiff’s side, successfully representing a billion-dollar company against allegations of wrongdoing and, more recently, securing her client a victory in connection with allegations of trade secret theft. Outside of the business context, Evan has also represented survivors of childhood sexual abuse, helping them achieve justice through the legal system.
Evan is also active in the legal community. She serves as the co-chair of the BASF Barristers’ Litigation Section, a position she has held since 2016. She also spearheaded efforts to increase the profile of female leaders in the field and is an active mentor. Evan has been selected as a Northern California Rising Star by Super Lawyers Magazine for the past three years, an honor reserved for 2.5% of U.S. lawyers, and has been profiled by the Bar Association of San Francisco and the Justice & Diversity Center.
A Utah native, Evan loves skiing and trying to teach her children to do the same. She also enjoys learning about clean tech, supporting local theater, and demonstrating her uncanny ability to recognize C-list celebrities.
Drew Davis, Esq.
Folger Levin LLP
Drew Davis is a partner in our Litigation Practice Group and the firm’s managing partner. His practice involves representation of a diverse range of clients, including financial institutions, Internet companies, real estate developers, retailers, law firms, technology consulting companies, and non-profit organizations. His particular areas of expertise include unfair competition, contract disputes, disputes among partners and joint venturers, trade secret misappropriation, trust disputes, and wrongful termination litigation. Drew has significant experience representing both plaintiffs and defendants in trials and arbitration hearings.
Obtained summary judgment on behalf of a lender sued in fraud by law firm partners/borrowers who claimed that the lender had a duty to advise the partners of the financial condition of their law firm. In granting summary judgment in favor of our client, the Court held that the lender owed no legal duty of disclosure to the law firm partners.
Following collapse of housing market, represented a national homebuilder in litigation against an investment partner and its alter ego, who refused to contribute required capital for three condominium development projects. On the eve of trial, the investment partner and its alter ego agreed to pay more than million in settlement.
Successfully defended principal of failed single purpose real estate development entity against claims that principal was the alter ego of the SPE. The court rejected claim that the principal should be liable on a multi-million dollar judgment entered against the SPE.
Successfully defended hospitality company against putative class action under which employees claimed violations of California wage and hour laws. After a dismissal of the class claims was obtained, the individual claims were settled for nominal amounts.
In a dispute arising from the break-up of a law firm, successfully defended lawyers against claims brought by their former firm for breach of fiduciary duty, unfair competition, trade secret misappropriation, and breach of contract. Following a six-week trial, the court rejected the former firm’s claim to more than million in client fees.
Following a one-week arbitration hearing, obtained complete defense award on behalf of consulting company and its employee sued for breach of contract and fraud by its customer in connection with the installation of SAP software. The arbitrator rejected the customer’s assertion that it had been fraudulently induced to enter into the contract, awarded our client damages for services performed on the installation, and awarded our client attorneys’ fees and costs as the prevailing party.
At the pleadings stage, successfully obtained dismissal, with prejudice, of claims brought against an interior designer. The interior designer was sued by a construction contractor, based on allegations that the interior designer negligently caused .5 million in damages associated with construction delays. The court sustained our client’s demurrer to all causes of action.
Following a two-week trial, obtained judgment in favor of Internet search engine on claims for unfair competition. The claimants asserted that the Internet company’s sponsored search engine results aided and abetted illegal online gambling. After a two-week trial, the Court found no evidence of illegality or unfair competition and held that the claimant’s causes of action were barred by the Communications Decency Act.
Represented two public universities in bringing undue influence claims against a party who had induced the decedent to reduce bequests to the universities shortly before the decedent’s death. The case settled on highly favorable terms prior to trial.
Obtained summary judgment on behalf of trustees in a dispute involving the proper interpretation of a trust instrument and entitlement to tens of millions of dollars in income distributions.
Obtained summary judgment on behalf of an estate and family members in a dispute concerning ownership of a million Picasso painting.
After a bench trial in New York, obtained a judgment for over million in cash and credits on behalf of a renowned jewelry designer in breach of contract and fraud litigation arising out of a ten-year business relationship with a diamond wholesaler.
Defended Internet company against libel claims arising out of former employee’s alleged misappropriation of trade secrets; following favorable ruling by Court on the pleadings the case settled on highly advantageous terms.
Brought bad faith claim against insurance company, which prompted insurer to accept litigation coverage, and cover all litigation expenses and potential liability.
Drew currently serves as the Chair of the Board of Directors of the Family Violence Appellate Project, the only nonprofit organization in California dedicated to appealing cases on behalf of domestic violence survivors. Drew also serves on the Board of Directors of the Boalt Hall Alumni Association.
Jason Kort, Esq.
Senior Associate Attorney
Dolan Law Firm PC
Jason Kort represents individuals who have suffered catastrophic losses in personal injury cases and families of loved ones who died in wrongful death lawsuits.
Jason’s clients benefit from his superior legal skills and extensive knowledge of California injury law. Jason also possesses a passion for justice and fierce determination to hold wrongdoers accountable. “Long before becoming a lawyer, I was always taught to do the right thing, strive for success, and refuse to go down without a fight,” Jason states. “These lessons continue to motivate me every day in the pursuit of justice for people who have been wronged.”
Jason excels in all areas of civil litigation, from pre-trial case investigation, pre-litigation settlement offers and case strategy, complaint drafting, fact discovery, expert witness examination, motion practice, and trial preparation to mediation and settlement or, if necessary, trial.
Jason never forgets that our clients come to us having suffered, in many cases, devastating and life-altering injuries. “From the moment I first meet my clients, my goal is to provide them with exceptional and compassionate legal representation,” states Jason. “I take great pride in closely listening to my clients’ stories, addressing their questions and concerns, and obtaining for them full and just compensation for the injuries they have sustained.”
A graduate of Loyola Law School in Los Angeles, California, Jason served as a senior research editor for the school’s International & Comparative Law Journal. While in law school, Jason was a judicial extern for the Honorable George H. Wu of the United States Central District Court of California in Los Angeles. He also volunteered with the Legal Aid Foundation of Los Angeles and the Harriet Buhai Center for Family Law.
Jason is an active member of the Bay Area Lawyers of Individual Freedom (BALIF), the nation’s oldest and largest association of lesbian, gay, bisexual and transgender (LGBT) persons in the field of law.
Jason loves camping, musical theatre, exploring the world, and spending quality time with his friends and family.
Michelle Lee, Esq.
Rudy, Exelrod, Zieff & Lowe LLP
Ms. Lee represents employees in individual and class action litigation in a range of employment matters. She is experienced in wage and hour, wrongful termination, discrimination, retaliation, harassment, breach of contract, and trade secrets matters.
Before joining Rudy, Exelrod, Zieff & Lowe, Ms. Lee was an associate at a prominent national litigation firm, where she handled a wide variety of complex cases ranging from intellectual property disputes to securities lawsuits. Ms. Lee also served as a law clerk for the Honorable William Alsup of the Northern District of California.
Ms. Lee is a graduate, cum laude, of the University of Michigan Law School where she was an editor for the Michigan Journal of Law Reform. Ms. Lee interned at the Office of Legal Advisor of the U.S. Department of State in Geneva, Switzerland and worked as a law clerk for the Southern Center for Human Rights in Atlanta, Georgia. Ms. Lee received her undergraduate degree in biology from Yale University.
Kristine Meredith, Esq.
Kristine Meredith obtained her B.S. with honors from the University of California at Davis and was awarded a scholarship to attend Brigham Young University’s J. Reuben Clark Law School. While in law school, she was awarded the Distinguished Student Service Award and spent a semester at Howard University Law School in Washington, D.C., as a member of the faculty/student diversity exchange.
Before devoting her practice to representing plaintiffs, Kristine represented medical device manufacturers, doctors, and hospitals, serving as part of the national defense counsel teams for medical device manufacturers in multi-district federal litigation cases. She, therefore, has a thorough knowledge of personal injury cases from both sides.
For 2016, Kristine has been named one of the "Top 100" Super Lawyers in northern California as well as on the "Top 100" women lawyers by Thomson Reuters and San Francisco Magazine. She is currently an officer of the American Association for Justice and the Santa Clara County Bar Association. She is also a member of the San Francisco Trial Lawyers Association and serves on the Board of Governors for the Consumer Attorneys of California. She is a former chair of the Minority Issues Committee of the San Francisco Bar Association Barrister Club.
Ryan Moore, Esq.
Berkes Crane Robinson & Seal LLP
Ryan T. Moore is an attorney with Berkes Crane Robinson & Seal LLP. He brings a broad background in personal injury litigation, including catastrophic injury cases. His practice currently focuses on personal injury, product liability, toxic torts, and complex litigation. He is an experienced examiner of plaintiffs and percipient witnesses in depositions, including trial preservation depositions and expert witness depositions. He is also proficient in interviewing percipient witnesses and conducting background discovery and investigation of cases.
Mr. Moore received his J.D. from Loyola Law School in Los Angeles. While in law school he was a member of the Entertainment Law Review and earned the CALI Award for his Legal Research and Writing class, as well as a First Honors Award in Immigration Law.
Michael B. Sachs, Esq.
Clark Hill PLC
Michael’s practice focuses on a variety of civil litigation matters, including toxic tort and product liability, Proposition 65, lemon law and employment law. He has handled these matters in all phases of pre-litigation, litigation and appeal. Michael has tried several matters to verdict in the various Bay Area Superior Courts and the Northern District of California and has argued before the California Court of Appeal. Michael is devoted to his clients and seeks to find cost-effective ways to manage their cases while still vigorously defending their interests in and out of the courtroom. He has achieved numerous successful results for his clients through settlement negotiations, mediations, dispositive motions and trial.
Robert M. Wilson, Esq.
Law Offices of Robert M. Wilson
Robert Wilson recently opened his own practice at the Law Offices of Robert M. Wilson. His practice focuses on white-collar criminal defense, professional negligence and complex business litigation in both state and federal court. Mr. Wilson graduated from the University of Colorado in 1979, and received his J.D. from the University of the Pacific, McGeorge School of Law in 1983. Mr. Wilson has trial experience in both state and federal court, including complex white-collar criminal matters. He has appellate experience in the Fifth, Ninth, and Tenth Circuits and the Supreme Court of the United States. The Chief Judge for the Eastern District of California recently appointed Mr. Wilson to serve as a Lawyer Representative to the Ninth Circuit.
From 1986 through 1993, Mr. Wilson practiced with Segal & Kirby, initially as an associate and later as a partner. In 1993, Mr. Wilson formed his own firm and continued to represent individuals and business clients targeted in criminal investigations, and collateral civil, regulatory and administrative actions. Mr. Wilson has a longstanding interest in technology and the internet, and was an Advisory Board member to FindLaw.com, a legal internet research portal which was eventually acquired by Thomson/West.
Prior to starting his own practice Bob was a member of Kimball & Wilson LLP as a partner and served as the Executive Director of Sacramento Child Advocates, Inc., a non-profit law firm which served the 3000-plus children in foster care in Sacramento County.
Audio Recording & Materials Package – CD or Download: $425
For CDs please add $7.50 shipping and, in CA, sales tax.
The program recording is in Los Angeles on February 23, 2018 and in San Fransisco on March 2, 2018.
(Audio packages are available approximately two to three weeks after the seminar is held.)
CA General: This program is approved for 6.5 units of general CLE in California.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.