AttorneysEd Center

In this session of our series of programs on the key aspects of trial, Jones Day partners Tom Jackson and Mike Ginsberg focus on techniques for organizing the direct examination to enhance the persuasiveness of the factual presentation by the witness. Too often, counsel are focused on the elements of the direct examination, but not on the order and manner of the presentation. Our presenters suggest organizational techniques, including the use of demonstrative aids, to enhance the presentation of direct testimony. View other programs in our Trial Skill Series: 2145- Effective Trial Opening Statements: Avoiding the Perils and Overcoming the Fears 2147- Cross Examination at Trial—Picking Your Fights 2148- Closing Arguments at Trial—Pulling the Theme Together NOTE: This course has been

Join us for the first part of a new series of programs focusing on the key aspects of trial, presented by Jones Day partners Tom Jackson and Mike Ginsberg. Opening Statements are the first, best chance to influence the jurors following jury selection, but far too often, experienced trial lawyers forego the chance to tell a compelling and convincing story in favor of a bland recitation of the order of witnesses and the facts they (or the evidence) will show the jury. This program will focus on ways to avoid that pitfall and to tell the client's story in a convincing fashion. View other programs in our Trial Skill Series: 2146- Keys to Dynamic Direct Examination at Trial—Telling the Story in a Compelling Fashion 2147- Cross Examination at Trial—Picking Your Fights

Jones Day attorneys Irene Fiorentinos and Josh Fuchs address the ethical challenges that corporate counsel and litigation counsel face in the course of e-discovery, and suggest solutions for those challenges, including: establishing practices for retention of electronically created records and information on company and third party sites; determining a reasonable scope for preservation of data; implementing best practices for collecting ESI; making appropriate vendor and outsourcing decisions; and complying with judicially-imposed cooperation principles.

Jeffrey Fowler, counsel at O’Melveny & Myers LLP and the author of Preserving Electronically Stored Information: A Practical Approach (2nd Ed. 2010) covers developments in the legal duty to preserve evidence and how to plan, execute and defend an effective preservation strategy.

Asset protection lawyers and bankruptcy lawyers are best served by better understanding their respective fields of practice. Asset protection practitioner Barry Engel and bankruptcy practitioner Rob Shilliday combine their areas of expertise to provide listeners with important background and substantive information on how these two worlds mesh and, in some cases, collide. Topics include: (1) an overview of asset protection principles and bankruptcy principles; (2) the use of state versus federal exemptions in the bankruptcy setting, including the last-minute use of exemptions by debtors; (3) whether and when a self-settled spendthrift trust is to be included or excluded from a client’s bankruptcy estate, from both an asset protection perspective and from a bankruptcy perspective; (4) fraudulent transfers and preferences in the bankruptcy setting; (5) criminal provisions of the law that apply only in the bankruptcy setting; (6) how and when a client can be forced into bankruptcy; and (7) practical considerations for a debtor and his