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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, November 4, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE course will provide employment counsel with techniques for pursuing or defending summary judgment motions. Our panel of experienced employment litigators will outline their perspectives and approaches to refine and improve summary judgment motion practice.

Faculty

Casey S. Erick
Partner
Cowles & Thompson

Mr. Erick is a Shareholder and focuses on Commercial Litigation and Employment Law.  He has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation.  He has represented high-profile clients as well as defended against high-profile national and global entities in matters related to commercial litigation, defamation, privacy, negligence, the Stored Communications Act, the Texas Harmful Access by Computer Act, Texas identity Theft Enforcement and Protection Act, and the Computer Fraud and Abuse Act.

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Tyler M. Paetkau
Partner
Husch Blackwell LLP

A California-based litigator, Mr. Paetkau has represented employers in labor and employment law matters for over 30 years. As both a trusted advisor and litigator, he has handled a variety of labor and employment challenges, including claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, wage and hour violations, unpaid commissions, collective and class actions, and unfair labor practice charges. Mr. Paetkau also represents employers in litigation involving unfair competition, misappropriation of trade secrets, restrictive covenants, and employee mobility issues. He also has extensive experience representing employers in traditional union-management labor relations matters, including union organizing campaigns, strikes, and collective bargaining negotiations. Mr. Paetkau  also specializes in international labor and employment law issues and is active in the ABA’s International Labor and Employment Law Committee. He is a frequent writer and speaker on employment law issues. 

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Description

Summary judgment is one of the most critical stages in employment litigation. An employer's successful summary judgment motion can cut millions in litigation costs. For plaintiffs' counsel, defeating a summary judgment motion is equally essential.

To effectively advocate for clients, employment counsel must be well versed in summary judgment practice and strategically plan to bring or defend against motions from the very outset of the case. Boilerplates and templates are far from adequate for summary judgment motions of any kind, but particularly with the nuanced challenges presented by employment claims.

Listen as our authoritative panel reviews the federal procedural rules and substantive techniques for summary judgment motions. The panel will provide attendees with litigation strategies on timing and the use of discovery, offer tools to use the statement of facts to the employer's advantage, and outline approaches to save employer clients a great deal in employee claims defense and litigation costs.

Outline

  1. Procedural framework
    1. FRCP 56
    2. CCP 437c
  2. Substantive framework
    1. Employment discrimination, harassment, and retaliation
    2. Affirmative defenses
    3. Review CACI jury instructions for claims and affirmative defenses
    4. What facts are "material," and which are immaterial?
    5. Common MSJ grounds: statute of limitations, failure to exhaust administrative processes, legitimate non-discriminatory reasons for the adverse action, alleged harassment not severe or pervasive, alleged harassment not "because of" gender, etc.
    6. Triable material facts regarding "pretext"
  3. Practice techniques
    1. Discovery
      1. Prepare for and taking plaintiff's deposition
      2. Taking HR and managers' depositions to create triable material facts
      3. Necessary third party discovery?
    2. Timing
      1. Note California 75-day notice requirement
      2. California MSJ must be heard more than 30 days before trial
    3. Form of motion
    4. Statement of facts
    5. Legal argument
    6. Opposition based on need for additional discovery
    7. Objections to evidence
    8. Order granting or denying MSJ
    9. Motion for reconsideration, writ of mandamus, and appellate rights

Benefits

The panel will review these and other relevant issues:

  • What are the principal strategies for planning a motion for summary judgment in employment litigation?
  • What are the core procedural requirements?
  • What are the substantive considerations in planning the motion?
  • How does discovery impact the outcome of a motion for summary judgment?