Advanced Strategies in Litigation: Investigations, Appellate Advocacy, and Mediation (2025)

John B. Harris
Robert Dube
Vince C. Reuter
Heather D. Froy
John B. Harris | Frankfurt Kurnit Klen + Selz PC
Robert Dube | Eckland & Blando
Vince C. Reuter | Eckland & Blando
Heather D. Froy | Sadow & Froy
Live Video-Broadcast: January 24, 2025
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3 hour CLE
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Program Summary

Session I – The Use of Investigators in Litigation Matters – John Harris

Lawyers often rely on third-party investigators to gather essential information for litigation, including fact gathering, background research on adversaries and witnesses, and even “testing” to determine whether discriminatory practices exist.

Thorough investigations are crucial for building strong cases and shaping legal strategies, but they must be conducted within the boundaries of legal and ethical standards. This session explores the key considerations and best practices for conducting investigations and understanding the types of information available at various jurisdictional levels.

Key Topics

  • Investigator limitations: Defining what can and cannot be done during an investigation
  • Ethical vs. Criminal violations in investigations including use of surreptitious taping, access to confidential personal data and investigator’s misrepresentation of identity or purpose
  • What controls/limits should a lawyer place on a non-lawyer investigator
  • Is ignorance of the methods employing a legitimate defense to investigator malfeasance?
  • Can a lawyer direct an investigator to take steps the lawyer is ethically precluded from taking?
  • Types of due diligence information on individuals and corporations: Understanding what’s accessible

Session II – Effective Appellate Advocacy – Robert Dube and Vince C. Reuter

Navigating the appellate process effectively requires a comprehensive understanding ofappellate court structure and procedures. In this session, we will break down the components of a persuasive appellate brief and provide practical guidance on oral arguments.

Attorneys will learn how to craft arguments that resonate with appellate judges and enhance their chances of success. Techniques for presenting compelling arguments in front of an appellate panel will also be covered, with particular attention to how to manage complex legal issues that arise during appeals. This session will equip participants with actionable tips for improving their appellate advocacy and achieving favorable outcomes in appeals.

Key Topics

  • Appellate court structure and procedural nuances: What you need to know
  • Crafting an effective and persuasive appellate brief: Key strategies
  • Oral argument techniques: How to present your case persuasively
  • Best practices and tips for success in appellate advocacy

Session III – The Magic of Mediation: Strategies for Success – Heather Froy

Mediation is an essential tool in resolving disputes, and successful mediation strategies can lead to optimal outcomes. In this session, we will focus on both theoretical principles and practical tactics for navigating mediation successfully, whether in person or remotely via video conference.

We will explore key elements of effective pre-mediation preparation, as well as techniques to use during mediation sessions. This includes strategies for managing impasse, negotiating creative solutions, and successfully finalizing settlements. Attorneys will also gain insights into selecting the right mediator and ensuring that post-mediation strategies are in place to protect their clients’ interests.

Key Topics

  • Pre-mediation considerations: Setting the stage for success
  • Best practices for in-person vs. remote mediation sessions
  • Navigating impasse and facilitating settlement negotiations
  • Post-mediation strategy: Ensuring lasting solutions

Date / Time: January 24, 2025

  • 2:00 pm – 5:20 pm Eastern
  • 1:00 pm – 4:20 pm Central
  • 12:00 pm – 3:20 pm Mountain
  • 11:00 am – 2:20 pm Pacific

Closed-captioning available

Speakers

John B. Harris_Frankfurt Kurnit Klein & Selz PC_myLawCLEJohn B. Harris | Frankfurt Kurnit Klen + Selz PC

John B. Harris is a partner in the Litigation Group with more than 25 years of experience representing clients in high-stakes civil matters and white-collar criminal cases. He is a recognized leader in professional responsibility and white-collar defense bars.

In his legal ethics and professional responsibility practice, Mr. Harris defends law firms, lawyers, and other professionals against claims of legal malpractice, breach of fiduciary duty and fraud. He frequently represents law firms in disputes with current and former partners.

A central part of Mr. Harris’ practice is the representation of individuals and entities who are the subjects of either criminal or regulatory investigations. He has represented public figures, corporate executives and securities industry professionals against allegations involving collateralized debt obligation and mortgage fraud; anti-money laundering investigations; insider trading; securities and accounting fraud; and mutual fund pricing violations. In addition, he has advised clients on research analyst independence issues, Foreign Corrupt Practices Act cases, and “spy shop” matters. Mr. Harris understands that his clients are best served when charges are not filed by prosecutors and regulators, and he has had substantial success for his clients in achieving this result.

Mr. Harris was the Chair of the Professional Responsibility Committee of the New York City Bar Association and is a former member of the New York City Bar’s Committee on Professional and Judicial Ethics, Committee on Professional Discipline, Judiciary Committee, and Task Force on Multi-Disciplinary Practice. He has served as a delegate to the New York State Bar Association House of Delegates and currently serves as a member of the State Bar Professional Discipline Committee. He acts as a mediator for the US District Court for the Southern District of New York and has served as an expert witness.

Mr. Harris is also a member of the American Bar Association and the New York State Bar Foundation; served as Chair of the New York Regional Board and the National Civil Rights Committee of the Anti-Defamation League; serves as a member of the New York  University Law Alumni Association; and serves on Law360’s 2022 Legal Ethics Editorial Board. He has been recognized in Super Lawyers magazine as a New York-area Super Lawyer for eighteen consecutive years.

Mr. Harris has litigated matters in New York State and federal courts (Southern and Eastern Districts), and appeared in numerous SEC, FINRA and Departmental Disciplinary Committee proceedings. Before joining Frankfurt Kurnit, he was a partner at Stillman & Friedman, P.C.and Ballard Spahr LLP. Previously, Mr. Harris was a reporter for The Hartford Courant. Mr. Harris is admitted to practice in New York and Connecticut.

 

Robert Dube | Eckland & Blando

Robert grew up working in his family’s small busines s and ranch, so he understands the needs of businesses and works tirelessly to advocate for them in a cost-effective manner. He is a zealous litigator, having briefed, argued, and won numerous motions before both state and federal courts across the country, including maritime and admiralty cases, and has won cases in every stage of the litigation process, including trial. Robby also has deep experience with the factoring industry and the customs industry, litigating for and advising clients across the country.

Robby is deeply experienced with pursuing claims against all levels of government, includingbid protests, municipal litigation, challenging terminations for cause, drafting  requests for equitable adjustments, and producing government contract compliance guides forbusinesses. He has engaged in significant Administrative Procedures Act challenges against  states and the federal government at the district courts and Circuit courts, winning unanimous decisions.

Robby is a passionate election and constitutional law lawyer, having zealously and successfully represented citizens and citizen groups across the country wherever their government has tried to take away their rights to referendum, free speech, free association, and more. Recently, Robby has been involved in the fight against foreign ownership of crucial infrastructureprojects, working to protect national security and the environment, and has  testified to Congress on these issues.

Robby graduated magna cum laude from the University of Minnesota Law School, where heserved as Law Council President and as Executive Editor of the Minnesota Journal of International Law. He also served as the Head Writer for the law school musical group T.O.R.T. (Theatre of the Relatively Talentless) and led the Orientation Program as a Program Director. After graduating, Robby clerked for Hawai’i Supreme Court Associate Justice Richard Pollack.

 

Vince Reuter_myLawCLEVince C. Reuter | Eckland & Blando

Vince C. Reuter represents clients in the areas of admiralty and maritime law, commercial litigation, and government contracts. 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.

A significant aspect of Vince’s practice is admiralty and maritime law. As a Proctor in Admiralty, he represents clients in the marine industry across the Upper Midwest, and nationwide as part of Eckland & Blando’s national maritime practice. Vince has deep knowledge and experience with the unique statutes and procedural rules within admiralty jurisdiction.

Vince is also a frequent speaker and writer on issues involving admiralty and maritime law. At Eckland & Blando, he is the Editor and an author of the “Midwest Maritime Lawyer,” a blog that addresses cases or issues involving maritime law in the Upper Midwest, including its relationship to maritime law and industry across the United States.

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.

 

Heather D. Froy_myLawCLEHeather D. Froy | Sadow & Froy

Heather Froy graduated with Honors from the University of Georgia with a degree in Political Science in 2000. She received her Juris Doctor degree from Georgia State University College of Law in 2004. She is a member of the State Bar of Georgia and is also licensed in Florida. She has a Distinguished rating from Martindale Hubbell.

Ms. Froy was a partner in a prominent workers’ compensation defense firm for 12 years before joining Sadow & Froy. She brings to Sadow & Froy valuable insight into how employers and insurers think. This knowledge gives her clients a huge advantage when she fights for their rights.

Ms. Froy sits on the Foundation Board of the Georgia Association for Women Lawyers and is on the Board of Directors for Kids Chance of Georgia. She has organized fundraisers to provide scholarships for the children of catastrophically injured workers in Georgia. In 2018, Ms. Froy was nominated for the University of Georgia’s Top 40 Under 40. Ms. Froy is a volunteer for the Special Olympics and sits on the Host Committee for Open Hand Atlanta.

Ms. Froy was selected as a Georgia Super Lawyer Rising Star in 2018 and 2019 and a Georgia Super Lawyer in 2024 and 2025. In addition, she was selected by Best Lawyers in America as “Ones to Watch” in 2021. Ms. Froy has earned the AVVO Client Champion Award from 2020 to 2022. She has been a speaker at many conferences including ICLE, WILG and the Atlanta Claims Association. Ms. Froy is a member of the Atlanta Bar Association. She is also a member of both WCCL and WILG, groups that advocate for the rights of injured workers.

Ms. Froy has one son, Carson, and a stepdaughter, Reagan. She is married to Matt Rycyk, an FDA regulatory consultant. Ms. Froy loves to travel, golf, and try new restaurants throughout Atlanta.

Agenda

Session I – The Use of Investigators in Litigation Matters | 2:00pm – 3:00pm

  • Investigator limitations: Defining what can and cannot be done during an investigation.
  • Ethical vs. Criminal violations in investigations
  • Types of due diligence information on individuals and corporations: Understanding what’s accessible
  • Conducting field investigations: Best practices for witness statements, surveillance, and locate investigations
  • Differences between domestic and international investigations: Key considerations

Break | 3:00pm – 3:10pm

Session II – Effective Appellate Advocacy | 3:10pm – 4:10pm

  • Appellate court structure and procedural nuances: What you need to know
  • Crafting an effective and persuasive appellate brief: Key strategies
  • Oral argument techniques: How to present your case persuasively
  • Best practices and tips for success in appellate advocacy

Break | 4:10pm – 4:20pm

Session III – The Magic of Mediation: Strategies for Success | 4:20pm – 5:20pm

  • Pre-mediation considerations: Setting the stage for success
  • Best practices for in-person vs. remote mediation sessions
  • Navigating impasse and facilitating settlement negotiations
  • Post-mediation strategy: Ensuring lasting solutions

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