Virginia Continuing Legal Education
Civil Litigation Quartet 2010


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MCLE Credits: 6.0
Description

Register for this course

Four informative Civil Litigation Webcasts conveniently presented together in one day as a video replay

Rethinking Written Discovery
• Litigating in the Bankruptcy Courts
• Evaluating and Settling Personal Injury Claims

• Don't Let the Witness Get Away with It! The Nuts and Bolts of Witness Impeachment

Program Level: Basic-Intermediate

VIDEO SCHEDULE

8:30 Registration
9:00 Rethinking Written Discovery

Still using boilerplate interrogatories, requests for admission, and requests for production? Why put your client's case (and your reputation) on the line?

Instead, get the most out of your written discovery efforts. Covering timing, number, format, content, answers, objections, and permissible use, this soup-to-nuts program will enable you to:
• Understand the most common and effective written discovery techniques — and make certain you get all the evidence you'll need to build a winning case
• Find out when and whom to ask using interrogatories, and how to use the information obtained to open the door to other evidence
• Learn when to use requests for production and admission, what to ask, what objections are possible, and how to locate documents and phrase questions
• Get practical tips for making the best use of motions to compel
• Find out how to tailor standard forms for better results
11:00 Stretch Break
11:05 Litigating in the Bankruptcy Courts

Adversary proceeding vs. contested matter…
Core vs. non-core…
Withdrawal vs. abstention…


Bankruptcy practice has its own issues of jurisdiction and venue, its own court rules, and its own judges. While similar to civil litigation in the federal district courts, peculiarities in bankruptcy jurisdiction, the Federal Rules of Bankruptcy Procedure, and the nature of the bankruptcy process itself require that attorneys representing clients before the bankruptcy court have a thorough understanding of the provisions and interrelationships of the Bankruptcy Code, the Bankruptcy Rules, and the jurisdictional framework established by 28 U.S.C. § 1334 and related statutes.

This program will help you to:
• Understand what's different in bankruptcy court
• Learn how to get paid, and for what
• Handle discovery and motion practice effectively
• Avoid perils and pitfalls

Experience may be the best teacher, but its lessons are often hard. This program will give you a head start on learning the language and the rules before you step into bankruptcy court.
12:05 Lunch Recess
1:05 Evaluating and Settling Personal Injury Claims

A plaintiff's attorney and a defense attorney offer their perspectives on the art of claim evaluation and settlement.

Approximately 95% of all personal injury suits settle before trial. The evaluation and settlement process, however, remains more an art than a science. Whether you represent the plaintiff or the defense, you cannot just plug numbers into a computer and find out what your case is worth. While liability and damages are critical components in assessing the value of a case, other factors must be considered as well.

This program provides an opportunity to hear from experienced trial lawyers on both sides as they share their thought processes and strategies used in posturing a case for settlement.

Topics covered include:
• How to get information you need
• How and when to make a demand
• How best to influence the other side's view of a case
• How to keep your client satisfied
• The most common mistakes to avoid in handling your claim
• The role of the claims adjuster
• How to deal with liens and approvals
3:05 Break
3:15 Don't Let the Witness Get Away with It! The Nuts and Bolts of Witness Impeachment

We've all been there. An adverse witness swears to tell the truth and then boldly launches into a story straight out of Grimm's Fairy Tales. A neutral fact witness does her best on the stand, but gets flustered and mixes up the facts. Or, worst of all, you ask the wrong question and open the door wide enough for opposing counsel to drive a truckload of negative material into the case. What can you do? This program will give you valuable pointers, and topics covered will include:

• The fundamental difference between impeachment and cross-examination, and why it matters
• Impeachment by prior inconsistent statement
• Character evidence and its dangers
• Expanded relevance and "opening the door"
• Witnesses who deny impeaching statements or evidence
• When to impeach and when to let it go
4:15 Adjourn

FACULTY

Rethinking Written Discovery

Mark K. Cathey, Glenn Robinson & Cathey PLC / Roanoke
Mr. Cathey is a litigator who represents individuals, corporations, insurance companies, and their insureds in general liability, products liability, personal injury, and other matters. He is a graduate of the University of Virginia and of the Washington and Lee University School of Law, and was admitted to the Virginia State Bar in 1993. He is a past President of the Roanoke Bar Association, and served as Secretary-Treasurer of the Association from 2005-2007. Mr. Cathey is a member of the Virginia Trial Lawyers Association, the Virginia Association of Defense Attorneys, and the American Bar Association.

David W. Hearn, Sands Anderson PC / Richmond
David Hearn is a member of the Risk Management practice group. His practice focuses on defending private companies, Virginia insurers, and their clients in general liability, commercial transportation, products liability, and insurance coverage cases in both state and federal courts. Mr. Hearn has successfully managed complex litigation with significant potential exposure, having served as lead counsel in numerous jury trials.

Litigating in the Bankruptcy Courts

Daniel F. Blanks, McGuireWoods / Norfolk
Mr. Blanks focuses his practice on bankruptcy, business restructuring, creditors' rights, commercial workouts, and commercial litigation. He concentrates on representing corporate debtors, creditors committees, and creditors in a variety of business chapter 11 cases. In addition, he has significant experience in chapter 15 proceedings.

Sarah B. Boehm, McGuireWoods / Richmond
Ms. Boehm's practice focuses on representing corporate debtors, creditors committees, and creditors in a variety of business chapter 11 cases. Among other engagements, she had significant involvement as co-counsel in US Airways' two chapter 11 cases filed in the Eastern District of Virginia. She also has experience representing a variety of creditors in matters involving automatic stay and discharge injunction violations, as well as bankruptcy-related Fair Debt Collection Practices Act and Fair Credit Reporting Act matters in chapter 7 and 13 cases.

Evaluating and Settling Personal Injury Claims

Richard Armstrong, Lenhart Obenshain / Charlottesville
Mr. Armstrong concentrates his practice on the areas of personal injury, wrongful death, and general litigation. He brings more than 20 years of trial practice litigating cases on behalf of his clients in a wide range of matters. Mr. Armstrong has tried numerous complex cases in Virginia and New York. As a native of Charlottesville, Virginia, he brings a strong record of achievement, successful advocacy for his clients, and an abiding commitment to his community. He practiced in Manhattan before returning to Charlottesville. A "double Hoo," having completed both his undergraduate work and his J.D. degree at the University of Virginia, Mr. Armstrong has gained significant verdicts that have benefited his clients and impacted the law in Virginia.

H. Robert Yates, III, LeClair Ryan / Charlottesville
Mr. Yates represents clients in all forms of civil trial practice with an emphasis in Tort Defense, Transportation Cases, and Construction Law. He has extensive trial experience, having successfully tried over 75 jury trials in state and federal courts throughout Virginia. In addition to his primary practice areas, Mr. Yates has significant experience in cases involving fraud, business torts, commercial and residential landlord tenant matters, and will contests. He is an active member of the Virginia State Bar, the Virginia Association of Defense Attorneys, and the Charlottesville/Albemarle Bar Association. Mr. Yates served as a member of the Board of Directors and the Long Range Planning Committee for the Virginia Association of Defense Attorneys and is a former Chairman of the Auto and Premises Liability Section. He previously served as a member of the Board of Directors and was Treasurer for the Charlottesville/Albemarle Bar Association.

Don't Let the Witness Get Away with It! The Nuts and Bolts of Witness Impeachment

Brendan U. Dunning, Mokris & Dunning, P.L.C. / Halifax
Brendan Dunning is a trial attorney in the firm of Mokris & Dunning, P.L.C. He is a former Regional Drug Prosecutor for the counties of Campbell, Charlotte, Halifax, Lunenburg, Mecklenburg, and Pittsylvania and a former Special United States Attorney for the Western District of Virginia. Mr. Dunning has lectured on criminal law topics since 2001 and is a former faculty member of the National District Attorneys Association, where he lectured at the "Prosecuting Drug Cases" seminar in Las Vegas in 2007. In 2006, he obtained the first conviction under the Virginia Continuing Criminal Enterprise Statute (the "Drug Kingpin Statute"). Mr. Dunning is a graduate of Lawrence University and the American University School of Law.


VIDEO LOCATIONS AND DATE

THURSDAY, SEPTEMBER 16

Abingdon: Southwest Virginia Higher Education Center, on the campus of Virginia Highlands Community College (I-81 exit 14), 1 Partnership Circle (276) 619-4300
Alexandria: Crowne Plaza Old Town (formerly the Radisson Hotel Old Town), 901 North Fairfax Street (703) 683-6000
Charlottesville: The Virginia CLE Building, 105 Whitewood Road (800) 979-8253
Richmond: UVA Richmond Regional Center, 2810 N. Parham Road, Suite 300, 3rd Floor (Parking available only in spots not marked "Visitor Parking") (804) 662-7464
Roanoke: Roanoke Higher Education Center, 108 North Jefferson Street (540) 767-6161
Tysons Corner: Crowne Plaza Tysons Corner, 1960 Chain Bridge Road (703) 738-3106
Virginia Beach: Courtyard Marriott, 5700 Greenwich Road (757) 490-2002

Directions to Seminar Sites


VIDEO REGISTRATION FEES
$259.00 regular registration (lunch not included).
$194.00 law firm non-attorney staff (lunch not included).
$274.00 / $209.00 on-site registration (if space is available) (lunch not included).

Note: You should confirm prior to registration that you have not already viewed any of the three program sessions as a live Webcast or archived on-demand program. The Virginia Mandatory CLE rules prohibit claiming credits for the same course taken in two successive years. No refund will be given once you have completed a course regardless of whether you choose to report credit. Registration is available for the full day's program only.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.
If you have a disability that requires special accommodation, please contact Virginia CLE well in advance of the program date.
Private taping of this program is not permitted.
Registration Level
Date
Thursday, September 16, 2010
Location
Format
Video

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