Federal Motion Practice: A Comprehensive Approach

Hillard Sterling
Hillard Sterling | Roetzel & Andress LPA

Hillard Sterling's practice focuses on technology and cyber disputes and issues, bringing over 30 years of experience in the entire range of technology cases, such as disputes related to systems implementation, software development and licensing, and IT intellectual property.

On-Demand: February 12, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This CLE presentation will focus on motion practice in federal court, including key motions phases, operative rules, and best practices for counsel. During the presentation, Hillard Sterling will focus on the principal phases of motion practice in federal court: Motions to dismiss, motions for judgment on the pleadings, discovery motions, motions for summary judgment, Daubert (expert) motions, motions in limine, and post-trial motions. Participants will learn the operative rules for each of those motion phases, and receive tips on best practices to elevate the efficacy of your client representations.

Key topics to be discussed:

  • Understanding the operative rules applicable to motions in federal court
  • Complying with the rules, including substantive motion requirements and deadlines
  • Applying strategies for both offensive and defensive motion practice
  • Using motion practice to enhance your settlement leverage and position your client for judgment

Closed-captioning available

Speakers

Hillard M. Sterling_myLawCLEHillard Sterling | Roetzel & Andress LPA

Hillard Sterling’s practice focuses on technology and cyber disputes and issues, bringing over 30 years of experience in the entire range of technology cases, such as disputes related to systems implementation, software development and licensing, and IT intellectual property. Mr. Sterling also regularly represents a broad array of professionals in litigation, including attorneys, architects & engineers, accountants, agents and brokers, and real-estate professionals, among others, as well as directors & officers in a variety of business disputes.

Mr. Sterling counsels clients on developing and implementing best practices before, during, and after data breaches and incidents. Since strong preventive measures are central to reducing exposure and damages, Mr. Sterling works with clients to: (1) develop or improve policies, incident-response plans, and data-governance plans; (2) develop or improve employee training procedures and techniques; (3) develop or improve table-top exercises; and (4) comply with governing law and stay current with the latest cyber-law developments. The underlying objective of all of these measures is to help clients establish a cyber-security corporate culture.

Mr. Sterling also represents clients in defending against national class-action lawsuits based on alleged disclosures of information allegedly protected by federal and state statutes. These cases typically are the subject of dispositive motion practice based on standing and other grounds, and Mr. Sterling is versed —and speaks frequently before various audiences — on the developing jurisprudence under which these cases may be resolved successfully and expeditiously.

In addition, Mr. Sterling assists insureds and other clients as a “breach coach” to coordinate and quarterback responses to data breaches or incidents. In this role, Mr. Sterling helps guide and manage the many responsive tasks, including analyzing the nature and scope of the breach or incident, assessing the legal implications and developing and implementing strategies based on those implications, implementing incident-response plans, and communicating internally and externally with the many pertinent constituencies, all while utilizing and maximizing the confidentiality protections of the attorney-client communication privilege where feasible.

Mr. Sterling also has served as an expert commentator in print and broadcast media, and regularly speaks and presents, on various technology topics.

Mr. Sterling received his J.D. in 1989, magna cum laude, and Order of the Coif, from Georgetown University Law Center, where he was an Executive Editor of its flagship law review, the Georgetown Law Journal. Mr. Sterling is a 1986 graduate of Northern Illinois University, where he received his B.A., summa cum laude.

Mr. Sterling is admitted to practice law in Illinois and Washington, D.C., and various federal courts including the trial bar of the Northern District of Illinois

Agenda

I. Understanding the operative rules applicable to motions in federal court | 2:00pm – 2:30pm

II. Complying with the rules, including substantive motion requirements and deadlines | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Applying strategies for both offensive and defensive motion practice | 3:10pm – 3:40pm

IV. Using motion practice to enhance your settlement leverage and position your client for judgment | 3:40pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

All courses accredited in Utah must include both ethics credits.
Virginia

Not Eligible
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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