ALI-ABA

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Scope and Purpose

This annual advanced course of study, comprising 12 full hours of instruction, offers both experienced and newly admitted counsel an opportunity to keep abreast of the latest federal evidence developments, with an emphasis on advocacy and practical trial evidence issues.

A faculty of distinguished judges, professors, and trial lawyers — including the Reporter, two former Chairs, and several past members of the Advisory Committee on the Federal Rules of Evidence — analyze the major controversies that confront the bench and trial bar. The faculty examines practical problems, from questioning and impeaching witnesses, objections and relevancy, expert testimony, and scientific evidence, to privileges, hearsay, and electronic evidence. The faculty also looks at developing trends, conflicts among the circuits, and cutting-edge issues in federal evidence.

Evidence issues are analyzed through the prism of advocacy at trial. Direct and cross-examination are highlighted in hypotheticals before sitting federal judges. The discovery and use of electronic evidence at trial are also discussed.

Time is reserved throughout the program to address questions submitted by the registrants.

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Why Attend?

Featuring the Following Discussion Topics:

Hot issues in trial evidence

10 common hearsay mistakes

2006 amendments to the Federal Rules of Evidence

Proposed Federal Rule of Evidence 502 (Waiver of Privilege)

Expert witness rules (701-703) that codify Daubert/Kumho Tire, preclude many “lay experts” from testifying, and bar backdoor admission of hearsay through experts

Demonstrative evidence

Recent developments in attorney-client privilege and work product

Character evidence in civil cases

Impeaching witnesses

Discovery and use at trial of electronic evidence and email

Authentication and hearsay issues arising from Internet and e-mail evidence

* Tactical effects of the 2000 and 2003 amendments to the Federal Rules of Evidence and procedure

Judge and jury roles on evidence issues; admissibility versus weight

Documents used by experts and other witnesses in preparation to testify; effect of the Civil Rules amendments

Relationship of experts with attorneys and clients

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Planning Chairs

Gregory P. Joseph, Gregory P. Joseph Law Offices LLC, New York

Stephen A. Saltzburg, Wallace and Beverley Woodbury University Professor, George Washington University Law School, Washington, D.C.

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Faculty

Judges

Manuel L. Real, U.S. District Judge, Los Angeles

Shira A. Scheindlin, U.S. District Judge, New York

Milton I. Shadur, U.S. District Judge, Chicago

Fern M. Smith, U.S. District Judge (retired), San Francisco

Law Professors, Litigators, and Consultants

James J. Brosnahan, Morrison & Foerster LLP, San Francisco

Daniel J. Capra, Philip D. Reed Professor of Law, Fordham University School of Law, New York

W. Burlette Carter, Professor of Law, George Washington University Law School, Washington, D.C.

Dale M. Cendali, O’Melveny & Myers LLP, New York

JoAnne A. Epps, Professor of Law and Associate Dean for Academic Affairs, Temple University Beasley School of Law, Philadelphia

Lawrence J. Fox, Drinker Biddle & Reath LLP, Philadelphia

John M. Kobayashi, The Kobayashi Law Firm, P.C., Denver

Michael M. Martin, Distinguished Professor of Law, Fordham University School of Law, New York

Lorna G. Schofield, Debevoise & Plimpton LLP, New York

Samuel H. Solomon, Chairman and CEO, DOAR Litigation Consulting, New York

Jeffrey Willis, Snell & Wilmer L.L.P., Tucson

ALI-ABA Staff: Amy S. Weinberg, Assistant Director, Office of Courses of Study

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Program Schedule

Thursday, March 22, 2007

• 8:00 a.m. Registration and Continental Breakfast
• 9:00 a.m. Introductory Remarks and Course Overview
• Morning Panel I: Professor Saltzburg, Chair; Judges Shadur and Smith; Professor Capra; Messrs. Joseph and Kobayashi
• 9:05 a.m. Ten Common Hearsay Mistakes – Professor Saltzburg
• 10:00 a.m. Expert and Opinion Testimony–Professor Capra
• 11:00 a.m. Networking Break
• Morning Panel II: Professor Saltzburg, Chair; Judges Real and Smith; Professor Carter; Ms. Schofield; Messrs. Joseph and Willis
• 11:15 a.m. Demonstration: Expert Hypothetical
• Presiding: Judge Real
• Plaintiffs’ Counsel: Mr. Willis
• Defense Counsel: Ms. Schofield
• 12:00 Noon Spoliation and Preclusion Problems – Mr. Joseph
• 12:30 p.m. Lunch Break
• Afternoon Panel I: Mr. Joseph, Chair; Judge Real; Professors Carter and Saltzburg; Messrs. Brosnahan, Solomon, and Willis
• 2:00 p.m. Demonstrative Evidence – Mr. Brosnahan
• 3:00 p.m. Networking Break
• Afternoon Panel II: Mr. Fox, Chair; Judge Shadur; Professor Saltzburg; Messrs. Brosnahan, Joseph, Kobayashi, and Willis
• 3:15 p.m. Practical Problems in Litigation Ethics – Mr. Fox and Panel
• 5:00 p.m. Adjournment for the Day

Friday, March 23, 2007

• 8:00 a.m. Continental Breakfast
• Morning Panel I: Professor Saltzburg, Chair; Judges Shadur and Smith; Professors Capra and Carter; Messrs. Joseph and Kobayashi
• 8:30 a.m. Privilege and Work Product – Professor Capra
• 9:30 a.m. Other Privileges– Professor Saltzburg
• 10:15 a.m. Networking Break
• Morning Panel II: Professor Saltzburg, Chair; Judge Scheindlin; Professors Carter and Epps; Ms. Cendali; Messrs. Joseph and Solomon
• 10:30 a.m. Electronic Discovery: New Rules and Related Evidence Issues – Ms. Cendali
• 11:30 a.m. Computer, Internet, and Email Evidence – Mr. Joseph
• 12:00 noon Recent Supreme Court Evidence Law: Crawford, Etc. – Professor Saltzburg
• 12:30 p.m. Lunch Break
• Afternoon Panel I: Mr. Joseph, Chair; Judge Real; Professors Epps, Martin, and Saltzburg; Messrs. Joseph and Kobayashi
• 2:00 p.m. Impeaching Witnesses –Professor Epps
• 2:45 p.m. Networking Break
• 3:00 p.m. Unraveling Character Evidence in Civil Cases – Professor Martin
• Afternoon Panel II: Professor Saltzburg, Chair; Professors Epps and Martin; Messrs. Joseph and Kobayashi
• 3:55 p.m. Hot Issues in Trial Evidence – Professor Saltzburg and Panel
• 4:30 p.m. Adjournment

Total 60-minute hours of instruction: 12, including 1.5 hours of ethics

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area

Level of Instruction: Advanced

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Here's what registrants have said about this course:

“Extremely worthwhile and well done.” “I am a big fan of the ALI-ABA courses. Your topics and faculties are always excellent. Mr. Joseph and Mr. Saltzburg are awesome.” “Really enjoyed the course and the presenters, all of whom were excellent. The presenters were very knowledgeable and communicated the substance in a very measured and user-friendly manner. I will definitely recommend that others attend who have an interest in this subject.” “Excellent program – great speakers! Very practical material.” “Really great program – covered a lot of pertinent issues. [Steve] Saltzburg and [Greg] Joseph were excellent. Panel was terrific. I especially liked hearing the judges’ views.”