Program Details
2026-12-18 12:00:00
Over 1,000+ webinars
Course Overview
2026-12-18 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session walks through the preservation failures that most often cost civil trial lawyers appellate review in federal court, pairing each trap with controlling authority and the practical mechanics for closing it. Attorneys will learn how FRCP 50, FRCP 51, and FRE 103 interact to create waiver at the evidentiary, charge, verdict, and post-trial stages, and what Dupree v. Younger changed about what must be renewed after trial. Attendees leave with a working checklist for spotting and closing preservation gaps while the trial court still has the power to fix them.
Douglas S. Lang
Monica E. Gaudioso 1:10 pm - 2:10 pm ESTThis session teaches civil trial attorneys how to execute error preservation in real time under adverse courtroom conditions — a fast-moving docket, a judge who truncates argument, unrecorded sidebars, and the constant risk of forfeiture through procedural misstep. Attorneys will learn the mechanics of FRE 103, the motion in limine preservation trap, offers of proof under pressure, continuing objections, and jury instruction preservation. Attendees leave with specific techniques for building an appellate record that can be read, verified, and relied upon.
Elisabeth C. ArkoElisabeth C. Arko has served as appellate counsel in multiple state and federal trials, working with trial teams on dispositive motions, jury instructions, and post-verdict motions so that issues are preserved for appeal. She is the author of “Preservation of Error in Ohio: Waiver Beware,” published in the OACTA Quarterly Review (Spring 2022), and co-chairs the Appellate Advocacy Committee of the Ohio Association of Civil Trial Attorneys. Her practice at Tucker Ellis spans complex litigation and appeals, including hospitality and product liability defense, across every phase from consultation and dispositive motions through trial and appeal.
Monica E. Gaudioso is a commercial litigator who tries and arbitrates disputes in state and federal courts on both the plaintiff and defense sides. She began her career as law clerk to the Hon. Samuel H. Mays, Jr. of the U.S. District Court for the Western District of Tennessee (2013–14), where she managed the civil docket and prepared court documents in securities, complex commercial, employment discrimination, and First Amendment appeal matters, and she then spent four years as a litigation associate handling pre-trial discovery and second-chairing trials and arbitrations.
Douglas S. Lang advises on litigation and appellate strategy, works alongside trial lawyers, and argues appeals in jurisdictions across the country. He returned to private practice after more than sixteen years on the Fifth District Court of Appeals in Dallas, where he authored more than 2,100 opinions and took part in deciding more than 6,100 cases. He co-hosts the Appealing Strategies podcast, whose recent episodes include “Waivers, Rule 50, and Appeals: How Missing a Motion Can Cost You the Verdict” and “Preserving Error for Appeal in Federal Courts: Lessons from Clapper v. American Realty Investors.”
Elisabeth C. Arko has served as appellate counsel in multiple state and federal trials, working with trial teams on dispositive motions, jury instructions, and post-verdict motions so that issues are preserved for appeal. She is the author of “Preservation of Error in Ohio: Waiver Beware,” published in the OACTA Quarterly Review (Spring 2022), and co-chairs the Appellate Advocacy Committee of the Ohio Association of Civil Trial Attorneys. Her practice at Tucker Ellis spans complex litigation and appeals, including hospitality and product liability defense, across every phase from consultation and dispositive motions through trial and appeal.
Monica E. Gaudioso is a commercial litigator who tries and arbitrates disputes in state and federal courts on both the plaintiff and defense sides. She began her career as law clerk to the Hon. Samuel H. Mays, Jr. of the U.S. District Court for the Western District of Tennessee (2013–14), where she managed the civil docket and prepared court documents in securities, complex commercial, employment discrimination, and First Amendment appeal matters, and she then spent four years as a litigation associate handling pre-trial discovery and second-chairing trials and arbitrations.
Douglas S. Lang advises on litigation and appellate strategy, works alongside trial lawyers, and argues appeals in jurisdictions across the country. He returned to private practice after more than sixteen years on the Fifth District Court of Appeals in Dallas, where he authored more than 2,100 opinions and took part in deciding more than 6,100 cases. He co-hosts the Appealing Strategies podcast, whose recent episodes include “Waivers, Rule 50, and Appeals: How Missing a Motion Can Cost You the Verdict” and “Preserving Error for Appeal in Federal Courts: Lessons from Clapper v. American Realty Investors.”
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
