Effectively Litigating Employment Cases From Inception Through Trial
Course Number 2645R
The Breakers, Palm Beach
August 17 - 18, 2017

Thursday, August 17, 2017

5:00 p.m. – 6:00 p.m.
Labor and Employment Law Section Executive Council Meeting (all invited)

6:00 p.m. – 7:00 p.m.
Reception (included in registration fee)

Friday, August 18, 2017

8:30 a.m. – 8:55 a.m.
Late Registration

8:55 a.m. – 9:00 a.m.
Welcome
Ryan D. Barack, Kwall Barack Nadeau PLLC, Clearwater
Sacha Dyson, Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa
Brian L. Lerner, Kim Vaughan Lerner LLP, Fort Lauderdale

9:00 a.m. – 9:50 a.m.
Pleadings and Motion Practice Over Pleadings
James M. Craig, James M. Craig, P.A., Temple Terrace
Travis R. Hollifield, Hollifield Legal Centre, Winter Park

This presentation will discuss issues associated with effective pleading of complaints and strategies for responding.  The presentation will include a discussion of the recent law in the Eleventh Circuit.
 

9:50 a.m. – 10:50 a.m. 
Navigating the EEOC & FEPA Process 
Michael Farrell, District Director, Equal Employment Opportunity Commission, Miami
Kristen M. Foslid, Trial Attorney, Equal Employment Opportunity Commission, Miami
Pamela Guerrier, Director, Palm Beach County Office of Equal Opportunity, West Palm Beach

This presentation will provide insight into the EEOC and FEPA process, including discussions about effective charges and positions statements, handling requests for information, the mediation and conciliation process, fact-finding conferences or administrative hearings, and the impact of the result of the administrative process on subsequent litigation.
 

10:50 a.m. – 11:00 a.m.
Break

11:00 a.m. – 12:00 noon 
A View from the Bench: Litigating Employment Discrimination Claims
Moderator: Manuel Menendez, Jr., retired chief judge of the 13th Judicial Circuit, Tampa
Panelists:
The Honorable Patricia D. Barksdale, United States Magistrate Judge, United States District Court for the
     Middle District of Florida, Jacksonville
The Honorable William Matthewman, United States Magistrate Judge, United States District Court for the           Southern District of Florida, West Palm Beach
The Honorable Julie S. Sneed, United States Magistrate Judge, United States District Court for the Middle          District of Florida, Tampa

 This presentation will provide insights from judges on litigating employment claims.  The presentation will touch on issues involving discovery disputes and will include thoughts and perspectives about the recent addition of the proportionality rules under the Federal Rules of Civil Procedure.
 

12:00 noon – 12:50 p.m.
Lunch (included in registration fee)

 12:50 p.m. – 1:45 p.m.
Tips for Effective and Ethical Discovery
Clayton M. Connors, Westberry & Connors, LLC, Pensacola
Sean P. Flynn, Deputy Chief, Civil Division, United States Attorney’s Office for the Middle District of Florida, Tampa

 This presentation will discuss ethical and effective discovery techniques, such as deposition objections, written discovery and objections, communicating with potential class members using technology or traditional methods, and interviewing or communicating with former and current employees using technology or traditional methods. 

1:45 p.m. – 2:40 p.m.
Preparing for Trial: Motions in Limine, Jury Instructions, and the Pretrial Conference
Christopher M. Bentley, Johnson Jackson LLC, Tampa
Michelle E. Nadeau, Kwall Barack Nadeau PLLC, Clearwater

 This presentation will discuss the practical considerations of actually getting the case ready for trial.  Motions in limine, jury instructions and pre-trial statements can be some of the most important documents in litigation, yet they are too often ignored.
 

2:40 p.m. – 3:35 p.m.
Effective Trial Themes and Techniques
David Deehl, Deehl PLLC, Coral Gables

 This presentation will discuss best practices in developing a theme for conducting a trial and effectively using and integrating technology into trial presentations.  Attendees will receive practical tips on how to develop a theme and on techniques to use to implement that theme throughout the various stages of trial.
 

3:35 p.m. – 3:45 p.m.
Break

3:45 p.m. – 4:35 p.m.
Jury Selection Techniques
David C. Prather, Clark Fountain, West Palm Beach    

 This presentation will provide practical tips and techniques in selecting juries.  Attendees will learn about the voir dire process, including where to focus questions, advice on questioning jurors to support or refute potential cause challenges, ethical issues in conducting voir dire examinations, and thoughts about selecting jurors after questioning.

4:35 p.m. – 5:30 p.m.
Damages in Employment Discrimination Cases
Tad Delegal, Delegal Law Offices, P.A. Jacksonville
Joyce Eastridge, Economist, Inc., Tampa

This presentation will discuss issues associated with proving damages and challenging damage assertions, with a particular focus on economic damages.
 

CLE CREDITS

(Maximum Credit: 9.0 hours)
General: 9.0 hours
Ethics: 1.5 hours
Technology: 1.5 hours

 CERTIFICATION PROGRAM

(Maximum Credit: 9.0 hours)
Labor and Employment Law: 9.0 hours 

HOTEL RESERVATION INFORMATION

A block of rooms has been reserved at The Breakers, at the group rate of $245.  To make reservations, click this link for online group reservations.  Reservations must be made by July 27, 2017 to ensure group rate and availability. After that date, the group rate will be granted on a "space available basis." The group rate is available three (3) days prior and three (3) days after, subject to availability. There are no resort fees. Reduced Valet Parking. Complimentary internet in guest rooms.

LABOR AND EMPLOYMENT LAW SECTION

Zascha Blanco Abbott, Chair
Cathleen A. Scott, Chair-Elect
David W. Adams, Legal Education Director
Ryan D. Barack, Program Co-Chair
Sacha Dyson, Program Co-Chair
Brian L. Lerner, Program Co-Chair