Complete Guide to the Rules of Evidence: From Courtroom Foundations to Real-World Use

Douglas S. Lang | Thompson Coburn LLP

Justice Lang is Senior Counsel and Co-Chair of the Appellate Practice Group at Thompson Coburn. He served for over 16 years on the Fifth District Court of Appeals in Dallas, a 13-judge appellate court with the highest case volume of the 14 intermediate appellate courts in Texas. While on the court, Justice Lang authored more than 2,100 opinions and participated in deciding more than 6,100 cases. During that same period, Justice Lang served for six years as a member of the Texas Multi-District Litigation Panel and as Chair of the Texas Commission on Judicial Conduct.

Justice Lang is renowned and highly respected for his tireless leadership in bar and community activities, his dedication to mentoring young lawyers, and his devotion to civility and ethics in the legal profession. Among many leadership roles in which he has served are President of the Dallas Bar Association, President of the National Council of Bar Presidents, and Secretary of the American Inns of Court Foundation.

He has received many awards and recognitions including Outstanding Fifty Year Lawyer for 2024, Presented by the Texas Bar Foundation, William Roper Award, Presented by the St. Thomas More Society of the Diocese of Dallas, Texas, February 13, 2024 (“In appreciation for keeping strong the spirit and work of St.Thomas More”), the State Bar of Texas, Presidents’ Award, (Outstanding Contributions to the Legal Profession), 2010, and the Citation of Merit, University of Missouri School of Law, September 2012, “Highest Award Conferred by the Law School.”

Justice Lang is a frequent speaker at civic and continuing education events around Texas and nationally and has many published articles to his credit on appellate law, civility, and ethics. He is a graduate of Drake University, the University of Missouri School of Law, and, immediately after law school, served as a law clerk at the Supreme Court of Missouri.

Kathleen E. Kraft | Thompson Coburn LLP

Katie Kraft is a seasoned expert in federal regulatory and compliance issues related to public transit. She has a proven track record of addressing intricate legal issues before federal courts, private arbitrators, and administrative bodies. Her appellate work, often involving significant constitutional issues, showcases her exceptional writing skills—she has authored influential briefs in appellate and Supreme Court cases impacting the transportation sector. Clients value Katie’s thoughtful, level-headed approach and her ability to manage high-pressure situations effectively. Her comprehensive legal advice considers not just the letter of the law but also its practical implications for her clients. Katie serves as co-chair of Thompson Coburn’s Public Transit and Supreme Court practices.

Mackenzie S. Wallace | Thompson Coburn LLP

Mackenzie Wallace is a trial attorney representing health care entities, businesses, and business owners and directors in high-stakes litigation.

Hospitals and health care providers turn to Mackenzie in coverage and reimbursement disputes; class actions; fraud, and civil RICO claims; Texas Prompt Pay Act, qui tam, and False Claims Act litigation; and matters relating to the violation of federal and state anti-kickback provisions and Stark laws.

Corporations, business owners, and directors use Mackenzie’s nuanced advice to maneuver shareholder and securities litigation, corporate and shareholder rights, director and officer litigation, merger litigation, complex business divorces, and white-collar criminal litigation. She also helps clients navigate class action lawsuits alleging breaches of fiduciary duty and securities fraud and advises companies and individual directors facing DOJ and SEC investigations. Additionally, Mackenzie represents Receivers in multiple SEC receivership actions.

Mackenzie advises many companies regarding antitrust policy and compliance matters and represents retailers and manufacturers facing antitrust suits.

She also handles cybersecurity policy and litigation and develops and enforces important privacy and data security policies.

Christopher G. Campbell | DLA Piper LLP

Chris Campbell is the Chair of DLA Piper’s Product Liability and Mass Tort practice group, which is among the world’s largest and most award-winning team of product liability defense counsel.

A graduate of Harvard Law School, Chris has 20 years’ experience in all phases of mass tort, class action, and other complex commercial litigation, including trying cases and arguing appeals.

He has served as global, national, and trial counsel for many global companies in the life sciences, food and beverage, automotive, and insurance sectors. In addition, Chris also advises clients on regulatory, communications, and other strategic matters with the potential to impact the clients’ business interests or reputations.

Clients say of Chris: “He is great. Period.” Others praise the quality of his strategic advice and devotion to client service as “truly indispensable” to their teams, noting their gratitude for “all the help (almost around the clock!) and good advice.”

The Legal 500 United States has repeatedly recognized Chris, noting that he “commands respect.”

Law360 selected Chris as a “Rising Star” in the area of product liability, citing his “knack for breaking down difficult science into concepts” and “creativity and unorthodox tactics” that “have set him apart.”

Chris regularly speaks and writes on the topics of product liability, mass torts, and class action litigation, as well as the attorney-client privilege, expert witnesses, pharmacovigilance, trial tactics, and other topics.

Session I – Mastering Rule 702: Effective Strategies for Presenting and Challenging Expert Witnesses | 1:00pm – 2:00pm

• Review of Rule 702: Recent amendments and judicial interpretation
• The gatekeeping role of the court: Daubert and its progeny
• Preparing and qualifying your expert witness
• Direct examination techniques: Making complex testimony accessible
• Cross-examination strategies: Exposing weaknesses in opposing experts
• Motion practice: Daubert motions and pretrial challenges

Break | 2:00pm – 2:10pm

Session II – Error Preservation | 2:10pm – 2:40pm

• Plan, plan, plan: Determine at the outset the objectives of the client’s position at trial
• Plan for and avoid gotcha’s
• Anticipate: Consider, analyze, and determine what motions or other pivotal decisions the court may make at trial. Then, be prepared to present them in writing. That includes, but is not limited to
  • Motions to dismiss
  • Discovery
  • Motions for summary judgement
  • Motions in limine
  • Offer of proof technique
  • Jury Instructions and questions
  • Judgment as a matter of law, entry of judgment, new trial, and alter or amend judgment

Session III – Evidence in Action | 2:40pm – 3:10pm

• The rules: Know the rules of evidence-especially their practical application
• The law: Assure you know the pertinent law to your cause of action or defense
• Catalogue the evidence: Create a log so you can marshal your evidence
  • That supports the elements of claims or defenses
  • Identify precisely how the document can support your claim or defense
  • Determine who will lay the foundation for admission
  • Specify the technique and question to lay that foundation
  • Identify potential objections and responses to objection