Cross-Examining Plaintiffs in Employment Harassment and Discrimination Cases: Strategies for Depositions and Trials
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide employment trial lawyers with the tools to handle the challenging task of cross-examining a plaintiff/victim claiming harassment or discrimination. The plaintiff/alleged victim's deposition is typically the pivotal testimonial event in the case. Trial counsel is often stuck between a rock and a hard place: push aggressively and the plaintiff/victim may garner sympathy, hold back too much and the defense suffers.
Outline
- Differences between deposition cross and trial cross
- Witness preparation
- Information gathering
- Legal research
- Deposition conduct
- Learning the plaintiff's case
- Getting admissions
- Setting up impeachment
- Trial issues
- Know the answer to every question before asking
- Lines of attack
- Discrediting plaintiff testimony without fostering backlash sympathy
Benefits
The panel will review these and other critical issues:
- Whether to make deposition or trial the venue for the plaintiff's cross-examination
- Substantive preparation and planning for the plaintiff's deposition
- Strategies for fortifying the plaintiff's case during their deposition
- Strategies for discrediting the plaintiff without provoking anger at the defendant(s)
Faculty
Megan Cooney
Partner
Gibson, Dunn & Crutcher
Ms. Cooney’s practice focuses on employment and class action litigation. She has represented employers in class... | Read More
Ms. Cooney’s practice focuses on employment and class action litigation. She has represented employers in class actions, collective actions under the Fair Labor Standards Act, representative actions under the California Private Attorneys General Act, and individual actions in state and federal court alleging wage and hour violations, discrimination, retaliation, wrongful denial of benefits, harassment, and employment misclassification. Ms. Cooney also has extensive experience advising employers regarding personnel policies, employee handbooks, job classification, termination issues, and other employment-related matters. She also represents clients in connection with workplace investigations and compliance audits. Ms. Cooney has represented clients in a wide variety of industries, including technology, finance, healthcare, retail, industrial services, manufacturing, entertainment, and transportation.
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Stephen E. Fox
Partner
Sheppard Mullin
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate... | Read More
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate for clients – from Fortune 500 corporations to entrepreneurs – in complicated and often high-profile business and employment disputes. His advice/counseling and trial practice is focused on complex business and employment litigation. In the area of labor and employment law, clients look to Mr. Fox for proactive and practical recommendations to avoid litigation. But, when disagreements or disputes end up in the courtroom or in arbitration, he is a vigorous advocate, successfully trying cases in a myriad of areas, including non-competition violations; trade secret theft; executive departures; wage and hour compliance and collective actions; corporate downsizing; leaves of absence (ADA and FMLA); sexual harassment investigations; and compliance with federal/state anti-discrimination and retaliation statutes. Mr. Fox’s ability to synthesize complex facts and arguments into understandable and memorable pieces of information makes him a compelling courtroom advocate, as well as a frequent resource to print, broadcast and radio media.
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Ty Hyderally
Owner
Hyderally & Associates
Mr. Hyderally is the Owner of Hyderally & Associates, P.C. located in Montclair, New Jersey and New York, New York.... | Read More
Mr. Hyderally is the Owner of Hyderally & Associates, P.C. located in Montclair, New Jersey and New York, New York. He has been included in the list of Top Ten Leaders of Employment Law in Northern New Jersey1 and concentrates on Employment Law. Additionally, Mr. Hyderally has conducted arbitrations before the American Arbitration Association the New York Stock Exchange, and the National Association of Securities Dealers, Inc.; has litigated in California, Texas, and Arizona; has served as a Judge in National Employment Moot Court competitions; and litigated national employment class actions.
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