Federal Court 101: Motions, trial & post-trial (2024 Edition)

Richard k. Leefe | Leefe &Gibbs LLC

Richard k. Leefe has been practicing law for fifty (50) years. He is a graduate engineer from Louisiana State University, holds a JD from Loyola College of Law (New Orleans) and an LLM from Robert Gordon University in Aberdeen, Scotland in International Commercial Law. Mr. Leefe has handled legal matters in the US, Europe, Africa, South America, and Asia. He was an Adjunct Professor of Law at Loyola for 26 years and taught the course in Evidence.

He is the author of two treatises published by Lexis: (1) Louisiana Code of Evidence Practice Guide, and (2) Louisiana Jury Instructions-Civil and Criminal. Mr. Leefe mediated and/or arbitrated hundreds of cases domestic and international He is a Certified Mediator and presently designated by the US District Court, Eastern District of Louisiana, as a mandatory mediator in certain cases. He is a past President of the Louisiana State Bar Association (2013-14).

Hillard M. Sterling | Roetzel & Andress

Hillard Sterling’s practice focuses on technology and cyber disputes and issues, bringing over 30 years of experience in the entire range of technology cases, such as disputes related to systems implementation, software development and licensing, and IT intellectual property. Mr. Sterling also regularly represents a broad array of professionals in litigation, including attorneys, architects & engineers, accountants, agents and brokers, and real-estate professionals, among others, as well as directors & officers in a variety of business disputes.

Mr. Sterling counsels clients on developing and implementing best practices before, during, and after data breaches and incidents. Since strong preventive measures are central to reducing exposure and damages, Mr. Sterling works with clients to: (1) develop or improve policies, incident-response plans, and data-governance plans; (2) develop or improve employee training procedures and techniques; (3) develop or improve table-top exercises; and (4) comply with governing law and stay current with the latest cyber-law developments. The underlying objective of all of these measures is to help clients establish a cyber-security corporate culture.

Mr. Sterling also represents clients in defending against national class-action lawsuits based on alleged disclosures of information allegedly protected by federal and state statutes. These cases typically are the subject of dispositive motion practice based on standing and other grounds, and Mr. Sterling is versed —and speaks frequently before various audiences — on the developing jurisprudence under which these cases may be resolved successfully and expeditiously.

In addition, Mr. Sterling assists insureds and other clients as a “breach coach” to coordinate and quarterback responses to data breaches or incidents. In this role, Mr. Sterling helps guide and manage the many responsive tasks, including analyzing the nature and scope of the breach or incident, assessing the legal implications and developing and implementing strategies based on those implications, implementing incident response plans, and communicating internally and externally with the many pertinent constituencies, all while utilizing and maximizing the confidentiality protections of the attorney-client communication privilege where feasible.

Session I – Mediation in Federal Court: Settling your case | 11:00am – 12:00pm

• Court ordered mediation with federal magistrate or private mediator | 11:00am – 11:15am
• Negotiation during mediation – offers and counteroffers | 11:15am – 11:30am
• Use of evidence and experts during mediation | 11:30am – 11:45am
• When, how and if to divulge your bottom line/real objective | 11:45am – 12:00pm

Break | 12:00pm – 12:10pm

Session II – Federal Court Motion Practice: Key rules and best practices |12:10pm – 1:10pm

• Understanding the operative rules applicable to motions in federal court | 12:10pm – 12:25pm
• Complying with the rules, including substantive motion requirements and deadlines | 12:25pm – 12:40pm
• Applying strategies for both offensive and defensive motion practice | 12:40pm – 12:55pm
• Using motion practice to enhance your settlement leverage and position your client for judgment | 12:55pm – 1:10pm