The Strategy of Litigation

This course is co-taught by Alan Salpeter and Philip Rotner; it is designed primarily for third year students (but 2Ls will be admitted) who are interested in pursuing a career in civil litigation. The instructors are two civil litigators with 76 years of combined experience between them. Alan Salpeter has tried more than 70 cases to verdict, argued appeals, and recently has represented key defendants in the Cendant, Enron, Parmalat, Global Crossing, Ameriquest, Walgreens and Oracle securities fraud class actions. Philip Rotner has been a litigation partner at McCutchen Doyle and Mayer Brown, has served as General Counsel of Deloitte & Touche US for 10 years, and now serves as General Counsel of Deloitte Touche Tohmatsu (the international organization for Deloitte). The Strategy of Litigation is designed to be a practical, real world approach to discussing and analyzing the strategy of civil litigation. Topics include picking and developing a theme for the prosecution or defense of a case, developing a strategy for discovery, avoiding the pitfalls of discovery, managing litigation risks, dealing with troublesome litigation situations (i.e., a hostile judge, sleeping jurors, a critical client), negotiating the settlement of a complex case, understanding fully the pros and cons of the adversarial system, as well as being effective with clients. A number of guest speakers appear during the course. Among the guest speakers are: a general counsel of a major corporation will give his/her view of big stakes litigation; the CEO of a large public company will provide his/her view of managing the risks of bet-the-company cases; a federal district court judge will give his/her view of high quality advocacy, what works and what doesn¿t work; a jury consultant will provide his/her view of how to win a big case; a seasoned expert witness will provide his/her view of being an expert witness in major litigation; and a well-known mediator will give suggestions as to how we (as litigators) can use mediators effectively. Students will receive a realistic perspective on what challenges are presented by big stakes commercial litigation. The classroom format is a discussion led by the professors and/or guest speaker. Past classes have been highly interactive. Class will meet one afternoon or evening a week for 2 hours. All students must attend all classes (exceptions only for illness). TEXT: Reading materials will be distributed by the instructors in advance of each class. TEACHING METHOD: Lecture and discussion. EVALUATION METHOD: Take-home exam, attendance and class participation.

Catalog Number: LITARB 612
Practice Areas: Civil Lit. and Dispute ResolutionLegal Skills Development

Course History

Fall 2013
Title: The Strategy of Litigation
Faculty: Salpeter, Alan N. (courses  |  homepage)
Section: 1     Credits: 2.0
Capacity: 25     Actual: 25

Fall 2010
Title: The Strategy of Litigation
Faculty: Salpeter, Alan N. (courses  |  homepage)
Section: 1     Type: Lecture     Credits: 2.0
Capacity: 30     Actual: 0