Advanced Litigation Skills: Use of investigators, appellate advocacy, and successful mediation strategies

William Belmont
Robert Dube
Vince Reuter
Kevin B. Frankel
William Belmont | The Belmont Group
Robert Dube | Eckland & Blando
Vince Reuter | Eckland & Blando
Kevin B. Frankel | McGuire Woods
On-Demand: March 28, 2024
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3 hour CLE
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Program Summary

Session I – The Use of Investigators in Litigation Matters – William Belmont

Investigations by lawyers are an essential element of most litigation matters. Lawyers investigate the opposing parties and the facts underlying the case using third-party investigators, researching public records, interviewing witnesses and sometimes by conducting surveillance. Additionally, lawyers sometimes need to investigate their own clients or witnesses to a case. Lawyers may need more information about their own clients to assure themselves of the truthfulness of certain representations or if the lawyer suspects the client may be actively misleading the lawyer. Also, obtaining information about a witness can be essential in helping a lawyer prepare their strategy.

Additionally, attorneys practicing corporate, M&A and bankruptcy often need due diligence information about their clients’ potential partners or new management teams. It’s important for the lawyers to know what information is relevant and where they can go to obtain that information. Some due diligence information is available nationwide, but other types of information is only available on a state by state or even county by county, basis.

It is vital for attorneys to understand that there are limits to how an investigation is conducted. Ethics rules make it clear what lawyers can say and do, and they also outline what investigators can do on the attorney’s behalf. This presentation will provide attorneys with a strong understanding of the ethical issues involved in conducting investigations.

Key topics to be discussed:

  • Understanding what investigators can and cannot do
  • Knowing the difference between ethical violations and criminal violations
  • The types of due diligence information that is available on individuals and corporations
  • Practical considerations when conducting field investigations, including witness statements, surveillance and locate investigations
  • Learning about the distinction between an investigation in the United State versus one conducted in other countries
  • Learning about how technology is impacting investigations

Session II - Effective Appellate Advocacy – Robert Dube and Vince Reuter

This session provides a comprehensive overview of appellate court structure and procedure, equipping participants with the knowledge needed to navigate the appellate process effectively. Attendees will learn how to craft persuasive appellate briefs and develop oral argument techniques to effectively present their case before the court. Additionally, practical tips for appellate practice will be shared, ensuring participants are well-prepared to handle appeals with confidence and skill.

Key topics to be discussed:

  • Understanding appellate court structure and procedure
  • Crafting a persuasive appellate brief
  • Oral argument techniques
  • Practical tips for appellate practice

Session III - The Magic of Mediation: Strategies for Success – Kevin Frankel

Join McGuireWoods Partner Kevin Frankel to learn how to achieve extraordinary results through mediation. This comprehensive talk will cover everything from fundamentals of negotiation theory to real world tactics to employ in your next mediation. Along the way, learn how to select a mediator, deal with impasse, and successfully paper your settlement, whether in person or on a video conference.

Key topics to be discussed:

  • Pre-mediation considerations
  • Mediating in person vs by web conference
  • Best practices during mediation
  • Post-mediation strategy

Closed-captioning available

Speakers

William Belmont_myLawCLEWilliam Belmont | The Belmont Group

The Belmont Group, a New York-based national investigation firm, was founded by investigative attorney William B. Belmont. Mr. Belmont has over 30 years of experience in the investigation, due diligence and security field. In addition to having worked as a law enforcement officer and trial attorney, Mr. Belmont served as Director of Operations for the New York office of an international investigation and security consulting firm.

Mr. Belmont has overseen the management of thousands of corporate investigations involving fraud, workplace misconduct, brand protection and theft of trade secrets. Additionally, he has managed thousands of investigations for national and international law firms. Also, he has developed and implemented due diligence protocols for dozens of financial institutions to ensure the integrity of their investments. He provides clients with pre-incident consulting, including vulnerability surveys, threat assessments and crisis management plans and procedures. Furthermore, Mr. Belmont provides security consulting services to clients for personal and private events.

Mr. Belmont oversees the implementation of increased security measures for many corporate clients. He serves as a member of crisis management teams, assisting with contingency plans for critical occurrences, such as terrorist attacks, natural disasters, computer network penetrations, business interruptions and incidents of workplace violence. Mr. Belmont is also a frequent speaker on post 9/11 corporate security issues and appeared on Fox News following the World Trade Center attack.

Mr. Belmont has managed numerous litigation investigations for national and international law firms, including: a national identity theft for a Fortune 500 corporation, fraud at a large real estate company, and numerous domestic and international intellectual property investigations.

With a background as a trial attorney and investigative attorney, Belmont has considerable experience investigating civil and criminal matters in a wide range of industries including finance, fashion, entertainment and real estate.

As a trial attorney, Mr. Belmont specialized in fraud, premises liability, labor law and products liability cases. He successfully won defense verdicts on behalf of Greyhound and Allied Security and was responsible for coordinating trial strategies directed at perpetrators of fraud against numerous insurance companies. He was also responsible for coordinating the security program for the Anti-Defamation League and Isaac Mizrahi’s international fashion shows.

In addition to his experience as an attorney, Mr. Belmont served as a police officer in Mesa, Arizona. He began his college career playing lacrosse at Bucknell University and received his B.A. in criminal justice from The George Washington University and his J.D. from Benjamin N. Cardozo School of Law.

Mr. Belmont’s community service activities include serving as President of the Lynbrook School Board and volunteering as an assistant varsity football coach, as well as a youth coach for boys and girls lacrosse and basketball teams.

 

Robert Dube | Eckland & Blando

Robby Dube grew up working in his family’s small business and ranch, so he understands the needs of businesses and works tirelessly to advocate for them in a cost effective manner. His primary practice involves government litigation, which has brought him to federal and state appellate courts across the country.

He is an accomplished appellate practitioner, having represented clients before the D.C. Circuit, the Minnesota Court of Appeals, the North Dakota Supreme Court, and the Michigan Court of Appeals. Throughout his appellate practice, he has never lost an appeal.

Robby began his legal career as a judicial law clerk for Hawai’i Supreme Court Associate Justice Richard Pollack. Robby graduated magna cum laude from the University of Minnesota Law School, Order of the Coif, where he served as Executive Editor of the Minnesota Journal of International Law.

 

Vince Reuter_myLawCLEVince Reuter | Eckland & Blando

Vince Reuter represents clients in the areas of admiralty and maritime law, commercial litigation, government contracts, and appellate litigation. He utilizes extensive trial and appellate experience to defend his client’s rights through litigation and, as importantly, to prevent disputes before they happen. This experience includes aggressively representing clients in state and federal court in suits involving insurance defense, private commercial disputes, and suits against the Government.

With his appellate practice, Vince has represented clients before the Wisconsin Court of Appeals, the Minnesota Court of Appeals, the Minnesota Supreme Court, the Eighth Circuit Court of Appeals, and the Federal Circuit Court of Appeals.

Vince received his J.D. cum laude from Mitchell Hamline School of Law and his LL.M. in Admiralty Law from Tulane University Law School, where he was a Maritime Law Fellow.

 

Kevin B. Frankel_myLawCLEKevin B. Frankel | McGuire Woods

Kevin Frankel is a former prosecutor and current trial attorney in McGuireWoods’ San Francisco office, where he chairs the firm’s nationwide state attorneys general practice. Kevin has negotiated resolutions to civil and criminal matters totaling over a trillion dollars in liability, including successfully mediating scores of cases ranging from small claims to those with millions at issue. Kevin graduated from the University of California, Davis, and Columbia Law School, where he also served as an adjunct professor and taught negotiation techniques.

Agenda

Session I – The Use of Investigators in Litigation Matters | 1:40pm – 2:40pm

  • Understanding what investigators can and cannot do | 1:40pm – 1:55pm
  • Knowing the difference between ethical violations and criminal violations | 1:55pm – 2:10pm
  • The types of due diligence information that is available on individuals and corporations | 2:10pm – 2:25pm
  • Practical considerations when conducting field investigations, including witness statements, surveillance and locate investigations | 2:25pm – 2:40pm

Break | 2:40pm – 2:50pm

Session II – Effective Appellate Advocacy |2:50pm – 3:50pm

  • Understanding appellate court structure and procedure | 2:50pm – 3:05pm
    • Preservation of Issues for Appeal
    • Standards of Review
    • Appellate Motion Practice
  • Crafting a persuasive appellate brief | 3:05pm – 3:20pm
    • Use of Precedent
  • Oral argument techniques | 3:20pm – 3:35pm
  • Practical tips for appellate practice | 3:35pm – 3:50pm

Break | 3:50pm – 4:00pm

Session III – The Magic of Mediation: Strategies for Success | 4:00pm – 5:00pm

  • Pre-mediation considerations | 4:00pm – 4:15pm
  • Mediating in person vs by web conference | 4:15pm – 4:30pm
  • Best practices during mediation | 4:30pm – 4:45pm
  • Post-mediation strategy | 4:45pm – 5:00pm

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