Agenda / Content Covered

1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
   9:00 - 9:45, Raymond A. Haas
   1. QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?)
   2. QUESTION #2: Is it Hearsay?
   3. QUESTION #3: Is There a Proper Foundation?
   4. QUESTION #4: Is it Relevant?
   5. QUESTION #5: Should the Evidence be Excluded?
   6. QUESTION #6: What is the Proper Way to Introduce the Item into Evidence?
2. UNDERSTANDING HEARSAY
   9:45 - 10:25, Eric S. Adams
   1. Overview of Critical Rules You Need to Know Regarding Hearsay
   2. Recent Case Law
   3. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Exceptions
      2. Hearsay Problems, Such as When Your Client or Opposing Party is Deceased
      3. Hearsay Within Hearsay
      4. Attacking/Supporting Declarant's Credibility
3. HANDLING EMAIL, SOCIAL MEDIA AND OTHER ESI
   10:40 - 11:25, Jason M. Azzarone
   1. Collecting ESI
   2. Recent Case Law
   3. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Email as Evidence
      2. Electronic Medical Records
      3. Social Media
      4. Web Pages
      5. Video
      6. Voicemail
      7. Text Messages
   4. Citing Online Content Properly
   5. Preservation of Metadata
4. WITNESS TESTIMONY AND REPORTS
   11:25 - 12:10, Jack Gordon
   1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Character and Competency
      2. Opinion Testimony (Lay and Expert Witnesses)
      3. Admissibility of What You Give Your Expert
      4. Court-Appointed Expert Witnesses
      5. Impeachment
      6. Frye vs. Daubert Challenges
      7. Expert Reports
      8. Other Expert Considerations
5. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
   1:10 - 1:50, Harley S. Herman
   1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Hearsay Objections
      2. Motion in Limine, Motion to Exclude and Motion to Strike
      3. Motions for Sanctions
      4. Curtailing Speaking Objection
      5. Use of the Sidebar Conference
      6. Jury Instructions After the Objection
   2. Preserving Evidentiary Issues for Appeal
      1. Timing and Frequency of Objections
      2. Specificity of Objections
      3. Motions in Limine
      4. Offers of Proof
6. ADMISSION/EXCLUSION OF UNIQUE EVIDENCE
   1:50 - 2:30, Eric S. Adams
   1. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Collecting Evidence Through Discovery: Evidence Considerations
      2. Character Evidence
      3. Evidence of a Person's Habit
      4. Evidence of Subsequent Remedial Measures
      5. Sexual-Assault, Child Molestation and Sex-Offense Cases
      6. Writings, Recordings and Photographs
      7. Medical Records, Charts and X-Rays
      8. Other Records (Business, Public)
      9. Other Unique Evidence
7. PRESENTING TO THE JUDGE AND JURY
   2:45 - 3:30, G. Ware Cornell Jr.
   1. Authenticating Exhibits
      1. Stipulations
      2. Self-Authenticating
      3. Authenticating - Laying the Foundation for Admissibility
   2. Presenting Deposition Records
   3. Introducing Juries to Evidence
   4. Providing Jury Notebooks
   5. Presenting Your ESI: Common Mistakes Made in the Courtroom
   6. Computer-Aided Displays, Video and Graphics
8. ETHICAL CONSIDERATIONS
   3:30 - 4:30, G. Ware Cornell Jr.
   1. Spoliation, Preservation and Missing Evidence
   2. Legal Malpractice
   3. Lawyers as Witnesses
   4. Handling Highly Prejudicial Evidence
   5. Talking to Witnesses Before They Testify
   6. Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
   7. Privileges Under Rule 502(d)

Accreditation Details:

ERIC S. ADAMS is a partner in Shutts & Bowen LLP's Tampa office, where he is a member of the business litigation practice group and the construction practice group. Mr. Adams is also chair of the firm's E-Discovery Committee. His practice focuses on the areas of litigation involving business disputes, construction, trusts and estates, real estate, and intellectual property. Mr. Adams is a member of the American Bar Association, The Florida Bar and Hillsborough County Bar Association. He earned his B.B.A. degree, magna cum laude, from Marshall University and his J.D. degree, cum laude, from Florida State University.

JASON M. AZZARONE is an attorney and partner with the law firm of La Cava & Jacobson, P.A., located in Tampa, Florida. His practice is concentrated in the areas of professional malpractice, automobile liability, premises liability, construction liability and general liability claims. Mr. Azzarone is admitted to practice in Florida and the U.S. District Court, Middle District of Florida. He is also involved in defending bad faith actions against insurance companies, as well as representing clients in administrative actions initiated with the Agency for Health Care Administration, the Department of Business and Professional Regulation, and the Department of Health. He has given lectures for clients on the topics of automobile liability, premises liability and ethics for insurance adjusters. In addition to his litigation practice, Mr. Azzarone handles appellate matters and provides litigation support for the firm. He has experience in civil appeals and has argued before the Second District Court of Appeal in Florida. Mr. Azzarone is a member of The Florida Bar and Hillsborough County Bar Association. He graduated magna cum laude from the William Paterson University. He graduated cum laude from the University of Miami School of Law, where he served on the Moot Court Board.

G. WARE CORNELL JR. is a board certified civil trial lawyer and circuit mediator in Weston, Florida, where he primarily practices employment and personal injury law with the firm of Cornell & Associates, P.A. Mr. Cornell is a fellow of the Litigation Counsel of America and is listed in Super Lawyers. He served as the first senior law clerk for U.S. District Judge William M. Hoeveler in the Southern District of Florida. Mr. Cornell is a graduate of Emory University and the University of Georgia School of Law.

JACK GORDON, of Maney|Gordon Trial Lawyers, is a highly skilled trial attorney who has been profiled among the Top Lawyers in the Bay Area by Tampa Bay Magazine and has twice been selected a Leading Attorney of the Southeastern United States in Forbes magazine. He has been selected for inclusion among Florida's Legal Elite and recognized among the Top 100 Super Lawyers in the state of Florida, and among the Top 50 Super Lawyers of Tampa Bay. In 2016 and 2017, Mr. Gordon was named the #1 Medical Malpractice Lawyer by his peers in Tampa Magazine. Four times board certified in civil trial law by The Florida Bar, he is also certified by The National Board of Trial Advocacy as an expert in both civil trial law and civil pre-trial litigation. In 2017, Mr. Gordon earned National Board Certification as an expert in medical malpractice law by the American Board of Professional Liability Attorneys. He was honored in Florida Top Verdicts for having obtained the largest award in a lawsuit involving a motorcycle accident in 2017 (14.95 million dollars) and he continues to serve as co-counsel to lawyers prosecuting bars and clubs throughout Florida for injuries resulting from improper service of alcohol, and in cases of injuries resulting from motorcycle accidents. In 2016, Mr. Gordon was elected to membership in the American Board of Trial Advocates (ABOTA) and is listed in The Best Lawyers in America (2018 edition). He earned his B.A. degree from Tulane University and his J.D. degree from Tulane University Law School.

RAYMOND A. HAAS is a managing partner in the Tampa law firm of HD Law Partners, P.A., where he practices in the areas of civil litigation, with an emphasis on the defense of bad faith, class action and personal lines insurance coverage, first and third party contract liability, and property loss claims. He earned his B.A. degree from Florida Southern College and his J.D. degree from the University of Florida Fredric G. Levin College of Law. Mr. Haas is a member of the Hillsborough County and American (member, Section on Tort and Insurance Practice) bar associations, The Florida Bar (member, Trial Lawyers Section), the Florida Defense Lawyers Association, the West Coast Claims Association, and the Property Loss Research Bureau.

HARLEY S. HERMAN practices litigation probate and general civil trial law as a managing partner of Herman and Herman, a Plant City law firm. He has taught estates and trust law at the FAMU College of Law and Business Law; criminal justice at Savannah State University; and numerous CLE courses for lawyers, accountants, and law-related professionals. Mr. Herman continues to mentor young attorneys through The Florida Bar's Lawyer to Lawyer program. In addition to his work in estates, trusts and elder law, Mr. Herman earned his LL.M. degree from Stetson University College of Law and his J.D. degree from the University of Florida Fredric G. Levin College of Law.