Agenda / Content Covered

All times are shown in Eastern time

1. Changes to the FRCP and FRE You Need to Know
   10:00 - 10:15, Richard C. Landon
2. Voir Dire/Jury Selection: Veteran Tips and Tactics
   10:15 - 11:00, Tracy N. Tool
   1. Preparation Pointers
   2. Tips for Developing Rapport with the Jury
   3. Questions - Exposing Juror Prejudices, Values, etc.
   4. Dealing with Difficult Jurors (Quiet, Defensive, etc.)
   5. Spotting Personality Types, Subtle Verbal and Nonverbal Cues
   6. Advanced Pointers for Introducing Case Information
   7. Favorable Jurors - Leveraging, Rehabilitating, Protecting
   8. Peremptory and For-Cause Challenge Tactics
   9. Technology Tips - Before and During Voir Dire
   10. Jury Instruction Tips
3. Maximizing the Impact of Opening Statements
   11:15 - 12:15, Tracy N. Tool
   1. Most Effective Styles/Approaches
   2. Addressing Key Aspects: Case Theme, Key Issues, Parties, Body, etc.
   3. Cutting Out the Clutter; Less Effective Tactics
   4. Neutralizing Weaknesses in Your Case
   5. Plaintiff - Anticipating and Crippling the Defendant's Defenses
   6. Sophisticated Strategies for Defense Attorneys
   7. Effective Use of Visual Aids in Your Opening
   8. Mistakes That Diminish the Weight of Opening Statements
4. Effectively Applying the Rules of Evidence at Trial
   12:45 - 1:45, Richard C. Landon
   1. Relevancy and the Exclusion of Relevant Evidence
   2. Foundation Pitfalls
   3. Applying Hearsay Objections and Exceptions
   4. Character Evidence
   5. Opinion
   6. Social Media, Smart Phone Evidence, Other ESI: Authentication and Admissibility
   7. Best Evidence Rule
   8. Creatively Using Motions in Limine and Evidentiary Objections (w/Samples)
5. Sophisticated Direct and Cross-Examination Strategies - Focus on Experts and Evidence
   1:45 - 3:00, Daniel R. Shulman
   1. Direct and Redirect Examination: Effective Execution
      1. Planning; Preparation
      2. Powerful Approaches to Different Areas of Direct Examination
      3. Deftly Addressing Weaknesses
      4. Anticipating and Neutralizing Cross-Examination
      5. Handling Surprises, Trouble Witnesses, Other Issues
      6. Rehabilitating Witnesses - Redirect Examination Tactics
   2. Advanced Cross-Examination Tactics
      1. Planning; Preparation Pointers
      2. Sophisticated Questioning Techniques
      3. Advanced Uses of Cross-Exam Tools and Psychological Theories
      4. Controlling Difficult, Evasive Witnesses
      5. Dealing with Mistaken or Dishonest Witnesses
      6. Setting Traps for the Witness
      7. Keys to Successful Impeachment
      8. Avoiding Mistakes with Devastating Consequences
   3. Making and Responding to Objections during Examination
6. Closing Arguments That Get Attention
   3:15 - 4:00, Daniel R. Shulman
   1. Veteran Tips for Crafting Compelling, Winning Closing Arguments
   2. Addressing Weak Points in Your Case - and Theirs
   3. Tactics That Just Don't Work
   4. Addressing Liability, Damages, Other Aspects: Advanced Pointers
7. Legal Ethics for Trial Lawyers
   4:00 - 5:00, Tracy N. Tool
   1. Ethics of Social Media: Jury Research and More
   2. Candor with the Court; Client Confidentiality
   3. Witness Preparation and Examination - Ethical Considerations
   4. Courtroom Civility

Accreditation Details:

RICHARD C. LANDON is a trial attorney and appellate specialist who advises and represents businesses resolving disputes in antitrust, distribution, and franchising, as well as shareholder disputes and other complex commercial litigation. His representation of manufacturers and distributors covers a wide variety of commercial disputes, including dealer terminations, antitrust, and other unfair competition claims. Mr. Landon also regularly helps franchisors enforce post-termination rights and defends against claims by sales representatives for unpaid commissions and wrongful termination. In addition to litigation, he advises clients on antitrust issues in product distribution and franchising, including advice and employee training on pricing issues and other supply practices, as well as the application of state dealership laws and franchise relationship laws. Before joining Gray Plant Mooty, Mr. Landon was a judicial clerk for the Honorable Michael J. Melloy for the U.S. Court of Appeals for the Eighth Circuit, and he continues to focus part of his practice on appellate work representing a diverse range of issues in front of state appellate courts and Federal Courts of Appeal. Mr. Landon is a member of the Minnesota State Bar Association, American Bar Association and Hennepin County Bar Association.  He received his B.A. degree, magna cum laude, from Macalester College, M.A. degree from the University of Iowa and J.D. degree, with high distinction, from the University of Iowa College of Law. 

DANIEL R. SHULMAN is a principal in the law firm of Gray Plant Mooty, in Minneapolis, Minnesota. He is a trial lawyer, who has been trying cases since 1970. He has been chief counsel in antitrust 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 has an active pro bono civil rights practice. He continues to write and lecture extensively. Mr. Shulman has been the chair of the Sedona Conference antitrust law program every year since its inception in 1998. 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. Mr. Shulman has been listed in The Best Lawyers in America® 1993-2017; listed as a Minnesota Super Lawyer© by Thomson/Reuters, 2006-2017; and listed in The International Who's Who of Competition Lawyers & Economists, U.S. Plaintiff 2014. He earned his undergraduate degree, with honors, from Harvard University; his master's degree from Yale University; and his Juris Doctorate degree, cum laude, from Harvard Law School.

TRACY N. TOOL is a partner with the law firm of Bye, Goff & Rohde, Ltd., serving Wisconsin and Minnesota. Since 1990, Mr. Tool has focused his practice in the areas of plaintiff's personal injury litigation, nursing home malpractice, wrongful death, employment litigation, and civil rights litigation. He is board certified by the National Board of Trial Advocacy as a civil trial specialist. Mr. Tool earned his B.A. degree from the University of Minnesota and his J.D. degree from the University of Minnesota Law School. He is a member of the St. Croix Valley, Ramsey County, and Hennepin County bar associations; and the Wisconsin Association of Justice.