Trying a Systemic Discrimination Case: Jury Selection, Witnesses, Argument, Preserving Error

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, June 7, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide attorneys through each phase of a systemic discrimination trial. The panel will review strategies for jury selection and jury instructions, opening and closing, and direct and cross-examination in a systemic discrimination case.
Faculty

Ms. Sandberg has extensive experience in high-stakes commercial and trade secrets litigation managing complex litigation nationwide. She has a demonstrated track record in federal and state courts. Moreover, Ms. Sandberg has guided clients through difficult interactions with administrative agencies and claimants to resolve disputes before lawsuits are ever filed.

Mr. Brayley advises employers on a wide range of labor and employment matters, including noncompete and trade secret issues, workforce reorganizations, employee discipline and discharge issues, and employment agreements, among others. He is also a litigator representing employers in complex matters, including wage and hour class actions, discrimination matters, and whistleblower actions.

Ms. Kristan advises and counsels colleges and universities, businesses, and nonprofits in avoiding employee conflict and minimizing the risk of costly litigation. She assists clients in complying with federal and state employment laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, Title VII, the Massachusetts Paid Family and Medical Leave Act, the Massachusetts Pay Equity Act, Massachusetts leave laws, and Massachusetts General Law Chapter 151B. Ms. Kristan also works as an investigator of claims of workplace misconduct and discrimination, conducting both internal and independent reviews of employee allegations.
An experienced litigator, Ms. Kristan also represents clients in state and federal court and before administrative agencies, including the EEOC and the MCAD. Her litigation experience ranges from employment discrimination and wage and hour disputes to Chapter 93A claims, civil rights claims and claims for breach of fiduciary duty. She understands the importance of minimizing the disruption and cost of litigation for her clients, and works to obtain successful results for clients as early in the litigation process as possible through the use of motions for preliminary relief, motions to dismiss, and summary judgment.
Description
Trying a systemic discrimination case puts the defendant's institutional reputation and the reputation of its leaders on the line. Any trial strategy must keep in mind both the needs of the litigation and the long-term business objectives of the company.
At every stage of the case, counsel need comprehensive knowledge of the substantive law and applicable procedural and evidentiary rules as well as a thorough understanding of the opponents' strategies and tactics.
Defendants must carefully balance conveying a strong belief that the allegations against them are false without coming across as dismissive of the plaintiff.
Listen as this experienced panel of employment trial lawyers takes you through a systemic discrimination trial from start to finish. The panel will also provide valuable guidance as to how these trial principles apply to employment law counseling and litigation avoidance.
Outline
- Jury selection
- Who is the right juror for the case
- Voir dire violations
- Discriminatory strikes
- Opening statement
- Direct and cross
- Necessary substantive content
- Evidence issues, including "me too"
- Style issues
- Closing argument
- Jury instructions
- Essential content
- Preserving error
- Counseling lessons
Benefits
The panel will review these and other noteworthy topics:
- Jury selection
- Opening and closing arguments
- Direct and cross-examination
- Jury instructions
- Preservation of appeal
- Counseling points
Unlimited access to premium CLE courses:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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- Best for legal, accounting, and tax professionals
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