• videocam Live Webinar with Live Q&A
  • calendar_month September 24, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Employment & Workers Comp
  • schedule 90 minutes

Combating Reptile Tactics in Employment Litigation

Strategies for Discovery, Voir Dire, Opening and Closing Arguments, Direct and Cross-Examination

About the Course

Introduction

This CLE course will guide employment litigators on combating the trial strategy commonly known as the "reptile theory." The panel will discuss the use of reptilian tactics in employment litigation throughout the life of the case and how counsel can strategically confront the strategy.

Description

The trial strategy known as reptile theory is an innovative approach that is often used in employment litigation. The method promotes the use of trial tactics that appeal to the region of jurors' brains that is sensitive to safety in the workplace as a tactic to win cases and recover sizable verdicts.

Reptilian-type tactics are showing up throughout each phase of litigation, including discovery, opening statements, direct and cross-examination, and closing arguments. Attorneys must understand how to identify reptilian tactics and develop strategies for combating them.

Listen as our authoritative panel discusses the use of tactics described as reptilian in litigation and how counsel can challenge these tactics throughout the course of the case to increase their client's chances of success.

Presented By

Stephen I. Hansen
Partner
Shook Hardy & Bacon
Ashley N. Harrison
Partner
Shook Hardy & Bacon

Ms. Harrison’s practice focuses on representing businesses nationally in commercial disputes and employment matters. She has worked extensively on wage-and-hour class and collective actions in a variety of industries. Ms. Harrison has also presented and written on a variety of wage-and-hour-related matters, including on the topics of defense strategy for wage-and-hour class litigation and the use of statistical evidence in wage-and-hour cases.

William C. Martucci
Partner
Shook Hardy & Bacon

Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies. 

Cary Silverman
Partner
Shook Hardy & Bacon

Mr. Silverman's public policy work focuses on product liability, tort and consumer law, and civil justice reform. His practice includes a mix of appellate and legislative advocacy, litigation, regulatory counseling, and scholarship. Mr. Silverman regularly authors amicus briefs on behalf of national business, trade and other advocacy groups in cases before the U.S. Supreme Court and state high courts. He frequently files briefs on behalf of organizations including the U.S. Chamber of Commerce, National Association of Manufacturers, American Medical Association and American Tort Reform Association.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 24, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Reptilian tactics in litigation: history of theory and current trends in its use

II. The particular application of reptilian tactics in employment cases

III. Defense strategies: from discovery through closing argument

The panel will review these and other key issues:

  • What is the underlying basis for the strategy often described as reptilian?
  • How are plaintiffs' attorneys leveraging so-called reptile tactics to influence jurors' view of their cases?
  • How can defense attorneys counter the increasing use of reptilian tactics?