Protecting privileged information is critical in litigation. This course explains privilege and work product, what to do if protected information is sent to the other side, clawbacks, privilege waivers, and joint defense groups.
Civil Litigation Basics
Litigation holds (also called Document Retention Notices) help ensure that documents that may be relevant to a lawsuit are preserved. This course explains litigation holds, including what they cover, who they’re sent to, when they’re sent, and when they need to be updated.
The complaint is the pleading that formally starts a lawsuit. This course provides an introduction to complaints, including the typical structure and content, pre-filing considerations, and ethical obligations when filing a complaint.
Answers respond to the allegations in a complaint. This course covers the main parts of an answer, how to respond to factual allegations, affirmative defenses, counterclaims, and cross-claims.
An introduction to motion practice, including the typical briefing process, the ways a motion can be made, the contents of a typical motion, and strategic considerations when drafting a brief.
An overview of the typical civil litigation discovery process, including the different types of discovery, the process of serving and responding to discovery requests, and the phases of discovery.
E-discovery is an important part of document discovery. This course introduces lawyers to key concepts in e-discovery including terminology, how electronically stored information (ESI) is collected, and working with clients and opposing counsel to gather information.
Lawyers use requests for production, interrogatories, and requests for admission to get different types of information during discovery. This course explains these discovery requests, including what sections appear in typical requests and related drafting tips.
After receiving a discovery request, a party will prepare written responses and objections. This course explains written responses and objections to document requests, interrogatories, and requests for admission.
An overview of how to conduct a document review, including an explanation of the various purposes and goals and how a review might be structured. Also includes an introduction to producing documents and drafting production cover letters.
Practical tips for lawyers new to conducting a document review. Includes tips on how to add value, organizing and escalating documents, and managing mistakes.
An introduction to depositions, including why they’re used, the different types of depositions, deposition procedure, and objections made during depositions.
Effective depositions require a lot of preparation. This course provides tips on how associates can best help their teams prepare to take or defend depositions, including selecting documents for the deposition prep binder, preparing a deposition outline, and preparing witnesses to testify.
An overview of motions to dismiss, including grounds for filing, the filing process, and how a motion to dismiss may affect the schedule of the litigation for different types of cases.
A discussion on moving for and opposing summary judgment.
An introduction to privilege logs, including what priv logs are, how to identify the documents that need to be logged, preparing the privilege logs, and reviewing the other side’s logs.
An overview of working with expert witnesses, including consulting and testifying experts, qualification as an expert under the applicable rules, attorney-client privilege considerations, and expert and rebuttal reports.
Discusses the function of indemnification clauses in transactions and how the different parties view them. Also breaks down a sample indemnification clause and explains the language and purpose of its various components, such as the duty to indemnify versus defend, covered losses and claims, and indemnification procedures.
Talks about why notice provisions matter, what information they typically include, and why.
Explains the reasons parties use publicity provisions, and examines the restrictions and exceptions found in a typical provision.
Discusses when audit provisions are used, how the transaction type affects the provision, and what information the clauses usually provide, such as who can conduct the audit and how to treat the findings.
Discusses the various components typically found in confidentiality clauses and why they’re important, including the definition of confidential information and its carve-outs, restrictions and permitted uses, returning confidential information, and breaches.
Examines the purpose of data privacy clauses and each party’s considerations when drafting these clauses. Also describes the specific information typically contained in these provisions, including how to define what data is protected, security requirements and audit rights, and what happens if there’s a data breach.
Discusses the components of typical force majeure clauses, including the definition of a force majeure event, excusal of non-performance, and the parties’ obligations if an event occurs.
Discusses what implied warranties are and why sellers disclaim them in their agreements. Walks through a sample provision and explains which language is important to each party.