West Virginia CLE Course Catalog

Despite the old saying, facts do not speak for themselves. People must speak for them. Further, humans learn and store information by stories, not by recitation of facts. Juror persuasion happens when the right story is told the right way. Join nationally respected trial consultant Rich Matthews for an exploration of the crucial but often undervalued part that the right witness with the right preparation plays in moving jurors to vote your way.

From the onset, we must think about What Will the Jury See? First, potential evidence must be preserved then the investigation should strike a balance between privilege and documentation. When outside counsel is involved, they should trust but verify the investigation and identify other investigative needs.

Complex and multi-forum litigation present unique challenges beyond the substantive claims at issue. Attorneys and insurers need to know how to effectively manage litigation and efficiently move complex litigation through the court when litigation is unavoidable. This session will discuss the best practices in managing complex litigation including: handling multiple lawsuits in federal courts; handling multiple lawsuits in both state and federal courts; and handling a combination of individual and class actions.

Pro-active analytics can potentially help identify and mitigate certain risks and avoid litigation. This presentation will focus on Environmental, Social, and Governance (ESG) related human capital disclosures, including descriptions of a company’s workforce. A number of pro-active DEI-type reviews and audits, such as pay equity audits, reduction-in-force (RIF) audits, and wage and hour audits, may be performed to proactively identify and manage risk of claims, litigation, and financial and reputational impacts. This presentation will provide an overview of how, why, and when companies should consider conducting such reviews to identify and manage risk.

Businesses everywhere are dealing with the repercussions of inflation, and of those is the increase in fraud risks to an organization. The risk of fraud is inevitable for companies of all shapes and sizes, but the pressures of current inflationary times mean the need for preventive oversight is at an all-time high. Fraud expert Natalie Lewis will provide insight into the internal and external threats of fraud as well as best practices to protect your organization.

Property claims often involve multiple parties, emotive issues and significant brinkmanship all of which lead to protracted litigation, significant cost, and delay in resolution. While the numerous types of disputes involved in property losses require the ability to be flexible, very often, they have common themes and would benefit greatly from the narrowing of issues, at the earliest possible stage, which traditional litigation rarely promotes. Creativity and ADR can significantly help in the process.

This presentation will cover the current status and near future outlook for the blockchain sector (or "crypto" broadly) from a legal standpoint. Questions answered include: What went wrong? Is crypto dead and buried? What's in store next for the industry and regulatory landscape? What's the cybersecurity state of play in crypto?

This presentation will discuss what steps to take when a claim for property damage has progressed into litigation. The presenters will discuss what to expect from start to finish in a litigated claim, focusing specifically on property damages claims and variations state to state. Presenters will share their observations and experiences from practice and jurisdiction, including FL, CA, and the Northeast, as well as the most common types of property claims arising in each area.

Preparing and presenting corporate witnesses for their trial testimony are two of the most important aspects of any trial. They can often be the difference between winning and losing the case. Corporate witness testimony can also substantially impact the value of juror awards. This panel discusses best practices that will help ensure the readiness of corporate witnesses for their trial testimony.