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2.5 MCLE credits in "skills" for all
Evidence Committee of the Commercial and
Federal Litigation Section
He Said, She Said: Getting Hearsay Right in Civil and
Criminal Trials— What Every Practitioner Needs to
9:00 a.m. – 11:30 a.m.
The Evidence Committee of the Commercial and
Federal Litigation Section is presenting a CLE program during Annual
Meeting Week on January 26, 2010 from 9:00 a.m. to 11:30 a.m. entitled,
"He Said, She Said: Getting Hearsay Right in Civil and Criminal
Trials - What Every Practitioner Needs to Know." The program is
being co-sponsored by the Trial Lawyers Section. 2.5 CLE credits
will be given to attendees.
This program will be invaluable to both State and Federal Court
practitioners, and will include a discussion of common, but complex,
hearsay issues that arise in civil and criminal trials, as well as
Crawford issues that arise in criminal trials. This program will improve
every practitioner’s ability to evaluate the strength of their
case for trial, and their ability to try their case without being
surprised by complex hearsay issues.
The panel includes distinguished jurists, law professors at the
forefront of these issues, experienced commercial litigators and
criminal defense counsel, and attorneys who have served or currently
serve in the U.S. Attorney's Office for the Southern District of New
CHAIRPERSONS AND MODERATORS
Lauren J. Wachtler, Esq., Mitchell Silberberg & Knupp LLP,
Evidence Committee Co-Chair
Michael Gerard, Esq., Morrison & Foerster LLP,
Evidence Committee Co-Chair
Vincent C. Alexander, Esq., Professor of Law, St. John's
University School of Law
Lawrence Gerschwer, Esq., Morrison & Foerster
Hon. Shirley W. Kornreich, New York State Supreme
Court, Commercial Division
Deirdre A. McEvoy, Esq., Deputy Chief, Criminal
Division, U.S. Attorney's Office for the Southern District of New
Mary E. Mulligan, Esq., Friedman Kaplan Seiler &
Dennis P. Orr, Esq., Morrison & Foerster LLP
Robert M. Pitler, Esq., Professor of Law, Brooklyn Law
Laura S. Schnell, Esq., Eisenberg & Schnell LLP
Hon. Sidney H. Stein, U.S. District Court for the
Southern District of New York
PANEL ONE: "The Hearsay Rule in Civil Cases- Admissible Evidence
or Meaningless Jabber?"
9:00 a.m.-10:10 a.m.
(Honorable Shirley W. Kornreich, Professor Vincent C. Alexander, Dennis
P. Orr, Esq. and Laura S. Schnell, Esq.)
(1) Are these Business Records Admissible as Business Records?
(2) What Do I Do With All These Photographs?
(3) Hearsay, Exception, or Not Hearsay at All: What's the Jury
PANEL TWO: "Complex Hearsay Issues in Criminal Trials-The
10:20 a.m.-11:30 a.m.
(Honorable Sidney H. Stein, Lawrence Gerschwer, Esq., Deirdre A. McEvoy,
Esq., Mary E. Mulligan, Esq., and Professor Robert M. Pitler)
(1) Confidential Informant or Co-Conspirator Statements: Providing
Context or Violating Crawford?
(2) Use of Affidavits after Melendez-Diaz: Will What I Used in the Civil
Case Come Back to Haunt Me in the Criminal Trial?
(3) Using the Fruits of Internal Investigations in a Criminal Trial