Pleading Strategies in Employment Litigation: From Initial Filing to Tactical Defense

Reuben A. Guttman
Reuben A. Guttman
Guttman, Buschner & Brooks PLLC

Reuben Guttman is a founding member of Guttman, Buschner & Brooks, PLLC where his practice involves civil rights, whistleblowers, class actions and complex litigation.

Justin K. Victor
Justin K. Victor
Greenberg Traurig LLP

Justin K. Victor is a seasoned first-chair trial lawyer focusing on trade secrets litigation, corporate governance disputes, and other highstakes commercial litigation and arbitration.

Live Video-Broadcast: May 30, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - From Facts to Frame: Building the Employment Complaint – Reuben A. Guttman

Whether you’re representing individuals or classes in employment disputes, your first filing sets the tone for the entire case. In this dynamic session, renowned trial attorney and legal educator Reuben Guttman will walk attendees through the art and strategy of constructing persuasive complaints that do more than just state a claim—they tell a story. From conducting meaningful pre-filing investigations to weaving together facts, evidence, and legal theory into a powerful narrative, this session empowers attorneys to frame employment disputes with an eye toward trial, settlement leverage, and long-term case positioning.

Key topics to be discussed:

  • Building a case backwards: Starting with the jury in mind
  • From investigation to allegation: Turning workplace facts into legal claims
  • Narrative advocacy: Crafting a story that sticks
  • Embedding evidentiary foundations into the complaint
  • Leveraging Rule 8 to your advantage

Session II - Defending the Case: Responsive Pleadings & Preemptive Strategy – Justin K. Victor

For defense attorneys, the early stages of litigation offer a vital opportunity to shape the path of a case or end it entirely. In this session, experienced litigator and Emory Law trial practice instructor Justin Victor explores how thoughtful, well-crafted responsive pleadings can neutralize a plaintiff’s momentum and assert control over the narrative. Attendees will learn how to deploy Rule 12 motions effectively, assess and challenge weak claims, and begin laying the groundwork for defense themes that will resonate with juries and judges alike. This session is essential for defense-side lawyers seeking to win early or shape the field ahead.

Key topics to be discussed:

  • Strategic use of Rule 12 motions
  • Spotting the cracks: Deconstructing plaintiff narratives
  • Crafting a proactive defense narrative
  • Preserving issues for summary judgment and appeal
  • Protecting corporate clients from discovery overload

Date / Time: May 30, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Speaker_Reuben Guttman_myLawCLEReuben A. Guttman | Guttman, Buschner & Brooks PLLC

Reuben Guttman is a founding member of Guttman, Buschner & Brooks, PLLC where his practice involves civil rights, whistleblowers, class actions and complex litigation.

The International Business Times has referred to him as “one of the world’s most prominent whistleblower attorneys.” Citing “wins recouping billions of dollars for the federal and state governments,” Boston Globe’s STAT News referred to him as the “The Lawyer Pharma Loves to Hate.” Guttman has represented workers, unions, and pension funds in complex litigation. For over a decade, he has served as the chief outside counsel to the Oil, Chemical & Atomic Workers International Union, AFL-CIO/CLC, in a series of labor and environmental cases that enhanced safety and environmental conditions at Manhattan Project nuclear weapons sites while driving dread disease compensation legislation for nuclear weapons workers across the nation.

In 2020, he served as lead counsel in a federal class action lawsuit against the South Carolina Department of Corrections and secured a consent order mandating Hepatitis C testing and treatment for 17,000 inmates.

Guttman is currently a faculty member of the American University School of Public Affairs where he teaches Equal Protection/Civil Rights, and he has been an Adjunct Professor at Emory Law School and a Senior Fellow at Emory Law’s Center for Advocacy and Dispute Resolution. He is a Founder and Senior Advisor to the Emory Corporate Governance and Accountability Review (ECGAR). He is the 2015 recipient of the Emory Law Alumni Service Award.

He has taught trial advocacy and complex case investigations in the United States, China, and Mexico, and he has co-authored three case files – two published by Emory Law and one published by the National Institute of Trial Advocacy where he is a faculty member.

He is co-author (with J.C. Lore III of Rutgers Law) of the textbook, Pretrial Advocacy (Wolters Kluwer Spring, 2021). He is a chapter co-author (with Traci Buschner) and wrote the introduction for Remote Advocacy: A Guide to Survive and Thrive (Wolters Kluwer and National Institute of Trial Advocacy, 2020).

Guttman has written or co-authored more than 100 articles or opinion pieces and multiple book chapters and law review pieces. He is a monthly columnist for Law360 where he writes on litigation and politics.

His article, Pharmaceutical Regulation in the United States; a Confluence of Influences, was translated and published in Mandarin in the Peking University Public Interest Law Journal, Vol 1, Page 187 (2010).

Guttman is a Fellow of the American Bar Foundation; he is past member of the Board of Directors of the American Constitution Society (ACS) where he is currently a member of the ACS Board of Advisors.

Guttman received his JD from Emory University and his BA in American History from the University of Rochester. He is the founder of www.whistleblowerlaws.com. He began his legal career as a Washington DC counsel for the Service Employees International Union, AFL-CIO, where he served for five years. Guttman is licensed to practice in front of The United States Supreme Court and in the states of Georgia, New Jersey, Pennsylvania, the District of Columbia.

 

Justin K. Victor | Greenberg Traurig LLP

Justin K. Victor is a seasoned first-chair trial lawyer focusing on trade secrets litigation, corporate governance disputes, and other highstakes commercial litigation and arbitration. Known for his experience and trusted counsel, Mr. Victor is frequently sought after by representing clients in critical, “bet-the-company” cases.

With the ability to navigate complex legal challenges, Mr. Victor has obtained temporary restraining orders, preliminary injunctions, and permanent injunctions in both state and federal courts to protect clients against trade secret misappropriation and enforce restrictive covenants.

Beyond his active litigation practice, Mr. Victor provides strategic counsel to employers expanding their international operations. He leads efforts to design and implement employment policies, conduct proactive audits, and deliver workplace training tailored to the unique needs of global businesses.

Mr. Victor has a proven track record in assisting sports agencies—both domestically and international— expand their operations worldwide. For example, he played a key role in launching and growing the U.S. headquarters of a UK-based sports travel agency. Additionally, he has guided U.S.-based sports agencies in establishing operations across Europe, Mexico, and the Middle East, demonstrating his ability to navigate and quarterback the complexities of international business expansion.

Agenda

Session I – From Facts to Frame: Building the Employment Complaint | 1:00pm – 2:00pm

  • Building a case backwards: Starting with the jury in mind
  • From investigation to allegation: Turning workplace facts into legal claims
  • Narrative advocacy: Crafting a story that sticks
  • Embedding evidentiary foundations into the complaint
  • Leveraging Rule 8 to your advantage

Break | 2:00pm – 2:10pm

Session II – Defending the Case: Responsive Pleadings & Preemptive Strategy | 2:10pm – 3:10pm

  • Strategic use of Rule 12 motions
  • Spotting the cracks: Deconstructing plaintiff narratives
  • Crafting a proactive defense narrative
  • Preserving issues for summary judgment and appeal
  • Protecting corporate clients from discovery overload

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 Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

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 Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

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 Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

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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