2.5 MCLE credits in "skills" for all attorneys.

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 Know

Meeting
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 York.

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

PANELISTS

Vincent C. Alexander, Esq., Professor of Law, St. John's University School of Law

Lawrence Gerschwer, Esq., Morrison & Foerster LLP

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 York

Mary E. Mulligan, Esq., Friedman Kaplan Seiler & Adelman LLP

Dennis P. Orr, Esq., Morrison & Foerster LLP

Robert M. Pitler, Esq., Professor of Law, Brooklyn Law School

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 Thinking?

PANEL TWO: "Complex Hearsay Issues in Criminal Trials-The Post-Crawford Era"
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