Agenda / Content Covered

All times are shown in Eastern time

1. RULES AND PROCEDURES GOVERNING INTRODUCTION AND EXCLUSION OF EVIDENCE
   10:00 - 10:45, James M. Susag
   1. Procedures for Introducing Exhibits at Trial
   2. Authenticity, Reliability and Relevance
   3. Foundation Requirements for Real, Illustrative, Demonstrative and Documentary Evidence
   4. Preparing Evidence and Planning for Admissibility Issues Before Trial
   5. Issuing Trial Subpoenas to Witnesses
   6. Objections Allowed and Disallowed in Court vs. at Deposition
2. USING DOCUMENTARY EVIDENCE
   10:45 - 11:15, Brian D. Wright
   1. Business Records
   2. Letters, Writings and Contracts
   3. Medical Records, X-Rays and Bills
   4. Other Documentary Evidence
   5. Satisfying the Best Evidence Rule
   6. Examination of Altered Documents
3. EXPERT WITNESS TESTIMONY
   11:30 - 12:00, James M. Susag
   1. Establishing Competence to Testify and Qualifications
   2. Verifying an Expert's Methodologies
   3. Motions in Limine: Bringing or Defending Against
   4. In Depositions vs. at the Hearing
   5. Introducing Documentary Evidence During Examination
   6. Case Law Review
4. USING DEMONSTRATIVE EVIDENCE TO BOLSTER YOUR CASE
   12:00 - 12:30, Steven B. Vinick
   1. Establishing Relevancy
   2. Battleground for Demonstrative Evidence: Satisfying the Fairness Requirement
   3. PowerPoints
   4. Computer Simulations and Recreations
   5. Handling Numerical Data, Charts and Graphs
   6. Models, Maps, Diagrams
   7. Photographs and Videos
   8. Case Law Review
   9. Introducing Physical Evidence at Trial
5. PREPARING AND INTRODUCING SOCIAL MEDIA POSTS, TEXTS, EMAILS AND MORE
   1:00 - 1:45, Steven B. Vinick
   1. How to Collect to Ensure Admission Later on
   2. Authenticating and Laying Foundation
   3. Introducing Facebook, YouTube Videos, Other Internet Records
   4. Digital Photographs
   5. Texts and Other Smartphone Evidence
   6. Real-World Demonstrations
   7. Rule and Case Law Updates
6. OBJECTIONS: ARGUING RELEVANCE AND MATERIALITY
   1:45 - 2:15, Steven B. Vinick
7. USING AND OVERCOMING HEARSAY OBJECTIONS AND EXCEPTIONS
   2:15 - 3:00, Daniel R. Shulman
   1. The Rule Against Hearsay
   2. Hearsay in Depositions vs. at Trial
   3. What Determines Hearsay vs. Non-Hearsay
   4. Blocking Unreliable Hearsay
   5. Effective Use of Exceptions
   6. Refuting Hearsay Objections
8. OTHER OBJECTIONS: WHEN TO USE THEM, AND HOW TO RESPOND
   3:15 - 4:00, Daniel R. Shulman
   1. Not in Evidence, Not in Discovery
   2. Authentication/Chain of Custody
   3. Unduly Prejudicial
   4. Continuing Objection
   5. Habit and Routine
   6. Form of the Question, Compound, Argumentative, Leading
   7. Asked and Answered, Needlessly Cumulative (No New Relevant Evidence)
   8. Privilege, Work-Product
   9. Curative Instructions and Requests/Motions to Strike
9. LEGAL ETHICS OF EVIDENCE
   4:00 - 5:00, James M. Susag
   1. Ethics of ESI
   2. Handling Prejudicial Evidence
   3. Candor with the Court
   4. "Coaching" Witnesses

Accreditation Details:

DANIEL R. SHULMAN is a trial lawyer in Minneapolis, Minnesota, who has been trying cases for the past 50 years. Mr. Shulman is now a trial attorney with the Minnesota ACLU. He has been chief counsel in antitrust and other complex commercial litigation involving major industries in a variety of cases ranging from data storage, media, food, oil and gasoline, airlines, consumer electronics, medical electronics, health care, thoroughbred horses, and many other areas. Mr. Shulman has also been counsel in trademark and patent infringement actions, and he has an active pro bono civil rights practice. He is a fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the Litigation Counsel of America, Trial Lawyer Honorary Society and the Nation’s Top One Percent, National Association of Distinguished Counsel. He is a member of the American Bar Association, Minnesota State Bar Association, and Hennepin County Bar Association. Mr. Shulman earned his undergraduate degree, with honors, from Harvard University, his master's degree from Yale University, and his Juris Doctor degree, cum laude, from Harvard Law School. He has twice been named a Minnesota Attorney of the Year.

JAMES M. SUSAG is a shareholder with Larkin Hoffman Daly & Lindgren, Ltd., in Minneapolis, Minnesota. Since 1995, his commercial and real estate litigation trial practice has focused on franchise; dealer and contract disputes; and real estate, construction, and land use. He has extensive first chair litigation experience representing clients in numerous jury and court trials, domestic and international arbitrations, administrative proceedings, and appeals. Mr. Susag is a member of the Minnesota State, Hennepin County, and Ramsey County bar associations; the American Bar Association's Forum on Franchising; and the International Franchise Association. He is admitted to practice in state and federal courts in Minnesota and Wisconsin, as well as the U.S. Court of Appeals for the Seventh, Fourth, and Eighth Circuits. Mr. Susag earned his B.A. degree, summa cum laude, from the University of St. Thomas and his J.D. degree, summa cum laude, from William Mitchell College of Law.

STEVEN B. VINICK is of counsel with the law firm of Stein Sperling Bennett De Jong Driscoll, P.C., and practices in the areas of personal injury law, medical malpractice, criminal defense, and general civil litigation. He is licensed to practice law in Maryland, Washington, D.C., and Virginia. He is the treasurer of the Montgomery County Bar Association and a member of the Executive Committee of the Prince George’s County Bar Association. He is also a member of the Maryland State Bar Association, the D.C. Trial Lawyers Association, and the Maryland Association of Justice. Mr. Vinick was the Maryland Association of Justice Trial Lawyer of the Year for 2011. He earned his B.A. degree, Phi Beta Kappa and magna cum laude, from the University of Maryland and his J.D. degree, cum laude, from the University of Baltimore School of Law.

BRIAN D. WRIGHT is co-managing partner of Faruki PLL, where he focuses his practice primarily on commercial litigation matters. Mr. Wright represents publicly traded companies, privately held companies, and individual clients in complex business disputes in both federal and state courts, and alternative dispute resolution proceedings throughout Ohio and the United States. He has successfully represented clients in numerous class actions and individual actions involving securities, privacy, business torts, trademarks, consumer protection, product liability, breach of contract and warranty, trade secrets, restrictive covenants (including covenants not to compete), and other business litigation matters and has worked extensively on several false advertising disputes, including Lanham Act cases in federal court and numerous advertising challenges and compliance actions in the National Advertising Division of the Council of Better Business Bureaus, Inc. He received his undergraduate degree from Baldwin-Wallace College and his J.D. degree from Case Western Reserve University School of Law.