UC Berkeley School of Law
You can’t win a trial at deposition, but you can certainly lose one. NITA’s Deposition Skills program puts you in a realistic deposition setting and provides you the opportunity to learn how to set up summary judgment, position your case for resolution, and lock in your opponent’s witnesses for cross-examination. You will learn best practices in defending a deposition and how to prepare yourself and your witnesses for deposition. Using NITA’s learning-by-doing method you will practice and perfect your skill in: · Setting up or avoiding summary judgment A portion of the program is also devoted to ethical considerations in deposition settings and witness preparation. *Qualifies as one credit toward the NITA Advocate Designation
· Using the deposition to test case theories and strategies
· Eliciting exhaustive, expansive answers
· Identifying other sources of information
· Closing off avenues of escape and getting what you need for cross-examination
· Successfully dealing with obstreperous counsel
· Working with court reporters to create the best record
· Knowing when, and how, to object during a deposition
You can’t win a trial at deposition, but you can certainly lose one. NITA’s Deposition Skills program puts you in a realistic deposition setting and provides you the opportunity to learn how to set up summary judgment, position your case for resolution, and lock in your opponent’s witnesses for cross-examination. You will learn best practices in defending a deposition and how to prepare yourself and your witnesses for deposition.
Using NITA’s learning-by-doing method you will practice and perfect your skill in:
· Setting up or avoiding summary judgment
A portion of the program is also devoted to ethical considerations in deposition settings and witness preparation.
*Qualifies as one credit toward the NITA Advocate Designation
Pacific McGeorge Schl of Law
Professor of Law
Director, Advocacy Certificate Program
University of the Pacific – McGeorge School of Law
D.O.B. January 18, 1946
B.A., Cornell University 1967
M.A.T., Wesleyan University 1969
J.D., University of Pennsylvania 1976
Professor Jay Leach is a tenured professor in the Pacific McGeorge’s award-winning trial advocacy program. Professor Leach has significant experience in trial and alternative dispute resolution settings. His scholarly interests are focused on evidence, advocacy in comparative perspective, and the teaching of advocacy. He is a frequent director and lecturer for programs sponsored by the National Institute for Trial Advocacy, and has also lectured and taught in law schools in Italy, Chile, and China. He founded and directs Pacific McGeorge’s annual National Ethics Trial Competition, a nationally recognized event that draws 16-18 teams from top law schools across the U.S. to compete in mock trials.
Courses and Posts: Trial Advocacy, Advanced Trial Advocacy, Evidence; Director, Advocacy Certificate Program; Director, National Ethics Trial Competition.
Professor Leach teaches Evidence, co-teaches Trial Advocacy with Professors Joseph Taylor and Cary Bricker, and developed and teaches Advanced Trial Advocacy (a course added in 1999). He came to Pacific McGeorge in 1996 from Philadelphia, where he was a trial lawyer and partner at the firm of Drinker Biddle & Reath and taught as an adjunct professor at Temple University School of Law. He also directs and teaches trial-skills courses for the National Institute for Trial Advocacy. Professor Leach served a two-year clerkship with Judge Edmund Spaeth of the Superior Court of Pennsylvania before joining his firm in 1978. He litigated in the fields of general corporate and commercial disputes, specializing in franchising, construction, and automotive products liability cases. Professor Leach also was the chair of his firm’s Alternative Dispute Resolution Resources Group, and litigated several multi- million dollar cases settled through ADR techniques.
Multi-cultural and International Teaching Experience: In 2003-04 Professor Leach designed and co-taught an advocacy skills training course for 32 Chilean prosecutors and public defenders as part of a USAID grant for assisting Chile in its transition from an inquisitorial to an adversarial trial system for criminal cases. In 2004 he taught a 10-week course at the University of Parma Law School, Parma, Italy, where Italian undergraduate law students learned adversarial trial advocacy skills and techniques. In 2007 he was a visiting professor at China University of Political Science and Law, Beijing, as part of Pacific McGeorge’s project under a USAID grant for training of Chinese advocacy professors in advocacy skills teaching techniques; he repeated this duty at Zhejiang Gongshang University School of Law in Hangzhou, China, in 2011. Since 2008 he has regularly taught in Pacific McGeorge’s LL.M Program in Teaching of Advocacy, including a summer program in Hangzhou, China. Since its establishment this LL.M program has included students from China, the Ukraine, France, and Switzerland. Before entering the legal profession he taught high-school English and foreign languages in inner-city schools in New Haven CT and Philadelphia PA.
Publications: California Evidentiary Foundations (with Edward J. Imwinkelried), 4th ed. LexisNexis 2009; Federal & California Evidence Rules (with David W. Miller & Emily Garcia Uhrig), Wolters Kluwer 2012; Evidence Simulations in Bridge to Practice Series (with Fred Galves & Edward J. Imwinkelried), West Spring 2013.
Univ of San Francisco Law Schl
San Francisco, CA
J.D., University of San Francisco
B.A., Auburn University
As director of advocacy programs at USF, Assistant Professor Brown oversees all advocacy programs, both trial and appellate. He has taught at numerous law schools, including Stanford Law School and UC Berkeley Boalt Hall School of Law. His courses include: Evidence, Law & Literature, and Constitutional Law.
Brown is the co-director of the Western Trial and Deposition Programs offered by the National Institute for Trial Advocacy (NITA) and recipient of NITA's 2009 Hon. Robert Keeton Faculty Award. He has instructed NITA courses for more than 18 years, including public service programs in Africa.
• Of Counsel, Orrick, Herrington & Sutcliffe
• Associate, Wilson, Sonsini, Goodrich & Rosati
• Adjunct Professor, Stanford Law School
• Visiting Professor, East China University of Politics and Law
• Law Clerk, Hon. Barbara A. Caulfield, U.S. District Court for the Northern District of California
Synergy Law Group LLC
NYC Department of Education
New York, NY
Stephen P Brunner Atty at Law
San Francisco, CA
Stephen P. Brunner
Education: University of Texas at El Paso, B.S., Clardy-Fox Fellow; University of San Francisco School of Law, J.D.
Experience: Steve has been a litigator since 1980 and a trial lawyer since 1981. Steve's jury-trial work began as second chair in three federal trials in San Francisco and Sacramento in successful defense of statutory and tort claims arising under federal securities law and common law. Steve was lucky enough to have his first, first-chair jury trial in 1984 in Alameda County Superior Court in successful defense of a bank and its officers against lender liability claims. He co-founded Angell, Brunner & Angell in San Francisco in 1988. Steve has briefed and successfully argued before the Ninth Circuit Court of Appeals (respondent) and the California Court of Appeal (appellant). He holds an "AV" rating from Martindale-Hubbell and has held this rating since first being rated by members of the judiciary and his peers in 1992. Steve continues to practice in Superior Courts in the greater Bay Area and Northern California, in the United States District Courts for the Eastern and Northern Districts of California, and in the United States Bankruptcy Courts for the Eastern, Northern, Central and Southern Districts of California. He is experienced in resolving matters in all forms of alternative dispute resolution, and was a resolution advocate for the United States Bankruptcy Court for the Northern District of California from 1995 to 2005. Steve began teaching for NITA in 2006. Other than trying cases, the most enjoyment Steve takes from his profession is teaching trial and deposition skills.
Cannata Ching & O'Toole LLP | CANNCA001 | San Francisco, CA
San Francisco, CA
Ms. Cannata has practiced law since 1979 in both large and small firms, as well as acquiring significant trial experience while a senior trial attorney at the San Francisco Public Defender's Office.
In the mid-1980's, Ms. Cannata was an associate attorney at the San Francisco law firm of Morrison & Foerster, serving corporate clients in state and federal courts, including antitrust, intellectual property, "white collar" crime, and commercial fraud actions. She joined the Oakland law firm of Alborg & Dictor as an associate in 1989, which became Alborg, Veiluva & Cannata LLP in 1996. While a partner there, Ms. Cannata developed her business, legal malpractice defense, and real estate litigation practice in their Walnut Creek office. In 1999, she opened a branch office for the firm in downtown San Francisco. The San Francisco office became Ms. Cannata's main office in March 2003.
Although she remains active in the criminal defense community, Ms. Cannata currently specializes in professional liability defense and business litigation on behalf of institutional and individual clients. In representing attorneys, accountants, corporations, public entities, and financial institutions, Ms. Cannata maintains her considerable talents as a trial attorney, having successfully tried professional liability, real estate and commercial cases on behalf of plaintiffs and defendants. She consults as well with attorneys and insurers in preventing litigation by early identification of conflicts and claims repair before litigation. For her business clients, Ms. Cannata provides assistance in the formation corporations, partnerships and limited liability companies, business reorganization, bankruptcy court workouts for creditors, arbitrations and mediations.
Ms. Cannata was admitted to the California bar in 1979 and is also admitted to practice before the U.S. District Court in the Northern, Southern, Central and Eastern Districts of California, and the U.S. Court of Appeal, Ninth Circuit. She was a certified Criminal Law Specialist from1983 to 1994. She graduated from San Francisco State University with a B.A. cum laude, in 1976, and University of San Francisco with a J.D. in 1979.
Ms. Cannata is a member of the American Bar Association, Bar Association of San Francisco, California Attorneys for Criminal Justice, and University of San Francisco Inn of Court. She also serves on the ABA Standing Committee on Lawyers' Professional Liability. She is a regular faculty member for the National Institute of Trial Advocacy, teaching at the Deposition and Trial programs. More recently, Ms. Cannata has served as a commissioner pro tem for the Contra Costa Superior Court.
In addition to her business law practice, Ms. Cannata has dedicated herself to promoting delivery of pro bono legal services to low income and indigent persons throughout the San Francisco Bay Area. Her philosophy is simple and direct: every private attorney should have at least one active pro bono case open during every year of his or her legal career. She is also active with a local shelter meal program providing for homeless adults and families.
Collier Teti, LLP
San Francisco, CA
Dustin Collier grew up in a working-class family, the second to graduate from college. He is also the first in his family to attend graduate school of any kind, bringing to that experience a passion and understanding for the plight of workers. Throughout his education at prestigious Berkeley Law, he emphasized his studies on workers’ rights, trial and appellate advocacy, and constitutional law. In an impressive feat, Mr. Collier published an extensive article on prison reform in the Berkeley Journal of Criminal Law and won an award from the State Bar of California for an article on labor and employment law, all before graduating from law school.
Mr. Collier clerked at Beeson, Tayer, & Bodine, P.C., a law firm specializing in traditional labor law and representation of low-wage workers and/or their Unions. He later joined Beeson, Tayer, & Bodine as an associate, continuing in this post until opening his own practice in the Spring of 2011. He is now a partner at the recently formed law firm of Collier Teti, LLP, a firm with an emphasis on plaintiff’s employment and personal injury matters.
Mr. Collier has served as a trial and deposition skills instructor for NITA since February 2011. He has served as a faculty member at NITA programs in San Diego, Berkeley, San Francisco, and Seattle, training countless other attorneys on how to effectively conduct depositions and trials. In 2012, he received an award from NITA for serving as a faculty member for over 100 hours that calendar year.
As a result of the foregoing, Mr. Collier is skilled in handling civil matters through all stages and forms of litigation, from demand letters to mediations, from arbitrations to jury trials, and everything in between. He prides himself on taking fewer clients than most attorneys in order to invest as much time and energy into his cases as possible, going above and beyond the services rendered by many of his peers. Mr. Collier has experience in litigation against employers of all shapes and sizes, including the smallest employers and the largest multi-national corporations, temporary employment agencies, and public entities. For the prospective client, this means that Mr. Collier has the expertise to tailor his representation to your particular case, encouraging the best possible result for your particular legal problems.
BraunHagey & Borden LLP
San Francisco, CA
Mark Fickes is a partner of BraunHagey & Borden. He has tried nearly 70 cases to verdict before judges and juries in state and federal court. Mark joined BraunHagey after serving for seven years as an investigator and senior trial counsel at the San Francisco Regional Office of the U.S. Securities and Exchange Commission.
While at the SEC, Mark successfully lead the trial team in the first stock option backdating case to go to a jury. Mark also obtained a temporary restraining order and preliminary injunction in a $400 million fraud case, the largest case brought by the San Francisco Regional Office. At the SEC, Mark litigated a wide range of cases including complex financial fraud, insider trading and Ponzi schemes. He has extensive experience working with state and federal regulators including the U.S. Department of Justice and the United States Attorney's Office.
Currently, Mark represents clients in civil and criminal matters. Some of his representative clients include:
Broker-Dealers in confidential FINRA enforcement investigations.
Accounting Firms in confidential SEC investigations.
Investment advisers, private equity funds and hedge funds in litigation before the SEC and CFTC.
Morrison & Foerster LLP
San Francisco, CA
Stephen Freccero is a trial lawyer with 25 years of courtroom experience handling complex civil and criminal cases. His expertise is rooted in commercial litigation and antitrust, with particular experience handling civil litigation with parallel criminal or enforcement proceedings. He has been recognized in The Best Lawyers in America in the area of White Collar Criminal Defense, and in Super Lawyers in the category of Business Litigation.
Mr. Freccero’s experience includes the defense of civil and criminal antitrust proceedings, patent, copyright and trade secret litigation, and complex commercial disputes in diverse industry sectors. He has also represented both corporations and individuals in criminal matters involving allegations of antitrust violations, securities, commodities, and health care fraud, tax evasion, and alleged violations of customs and public contract regulations.
He is a noted former federal prosecutor, having served for nearly a decade as an Assistant United States Attorney in the Northern District of California. As a prosecutor, Mr. Freccero directed the nation-wide UNABOM investigation and represented the United States in the successful prosecution of Unabomber Theodore Kaczynski. He is a past recipient of the Attorney General’s Award for Distinguished Service, one of the highest distinctions accorded to federal law enforcement officials.
Lewis Brisbois et al
San Francisco, CA
CA Department of Justice
Los Angeles, CA
San Francisco, CA
Seattle City Attorneys Office
As an in-house Senior Counsel for The Boeing Company, Vanessa supports Boeing Commercial Airplanes, Boeing Defense Space & Security, and other business groups in Puget Sound and around the world. Prior to joining Boeing in January 2006, she was in-house Associate Counsel at Nintendo of America Inc., managing its litigation and risks. Previously, she was a partner at Miller Nash LLP and the Reed McClure law firms. She handled litigation ranging from business, commercial, insurance defense, insurance coverage, intellectual property and environmental coverage actions. Vanessa is an AV-rated attorney.
Before coming to Seattle, Vanessa was a Deputy District Attorney with the Alameda County District Attorney's Office in Oakland, CA, prosecuting criminal felonies, and trying many cases before juries and courts. Vanessa also clerked in 1984, at the trial and appellate level for California State Courts. She has served as an adjunct professor at Seattle University School of Law for two years, teaching a "Comprehensive Pre-trial" course to 3Ls. Additionally, she has been an Instructor for the National Institute for Trial Advocacy (“NITA”) since 1995, instructing attorneys both locally and nationally, on trial advocacy and deposition training. Vanessa has also volunteered at the International District Legal Clinic. Vanessa served on the Asian Bar Association of WA, as President (2002), Board of Directors (1999-2005, 2007), Judicial Evaluation Committee (1993-95), and Student Scholarship Committee (1996-97). Vanessa received her B.A. from the University of California, Berkeley, and her JD from the University of San Francisco School of Law.
Fenwick & West LLP
Mountain View, CA
B.A., Stanford University, 1975
J.D., Santa Clara University School of Law, magna cum laude, 1978
Emmett Stanton's practice focuses on the litigation and trial of complex business and commercial disputes, including intellectual property, antitrust and unfair competition, trade secrets and shareholder and securities litigation. He has represented clients in a broad range of industries, including computer hardware and software, electronic commerce, medical devices, and manufacturing and industrial equipment.
Federal Trade Commission
B.S., cum laude, Yale
J.D., University of Virginia
Henry Su is currently a trial attorney with the Federal Trade Commission in Washington, D.C., where he litigates anticompetitive merger and conduct cases as a member of the Bureau of Competition's Litigation Group. Prior to his current role at the Commission, he served as an attorney advisor to Commissioner J. Thomas Rosch. Like his former boss—a veteran trial lawyer in San Francisco who served as lead counsel on numerous federal and state court antitrust cases before being appointed to the Commission, Henry shares the view that cases are best tried by crafting simple and straightforward stories told through key witnesses and their documents.
Before joining the Federal Trade Commission, Henry practiced for 20 years with several law firms (including most recently, Howrey LLP in San Francisco and Silicon Valley), doing trial and appellate work, alternative dispute resolution and strategic counseling. Although he specialized in claims and disputes involving antitrust, intellectual property and trade regulation issues, Henry also tried and argued a number of cases involving bankruptcy, creditors’ rights, criminal, habeas corpus, civil rights, veterans and constitutional issues. Many of these cases he took on a pro bono or court-appointed basis—acting on his long-held view that we as trial lawyers enjoy a virtual monopoly on skilled advocacy and therefore have a professional obligation to make those skills available to whomever has a just cause or need to petition the courts for relief.
When it comes to trial and appellate work, Henry appreciates the value of “learning by doing.” Some skills cannot be effectively acquired or developed except through practice, as he found out when he cut his teeth handling criminal and civil cases pending in the United States District Court for the Eastern District of Virginia—the original “Rocket Docket.” Henry sure wishes he had known some of the National Institute of Trial Advocacy (NITA) techniques and drills when he was a young lawyer. So nowadays he does his part to make NITA training available to younger generations of lawyers. He has taught both in-house NITA programs as a partner at Howrey LLP and public NITA programs such as the Western Regional deposition and trial skills programs in San Francisco. While in private practice, he also supervised and mentored younger lawyers on trials and appeals.
Henry is a Fellow of the American Bar Foundation and the Litigation Counsel of America. He has also held leadership roles within a number of bar associations and community service organizations, including the American Bar Association, the National Asian Pacific American Bar Association, and the Federal Circuit Bar Association. He was recognized by Euromoney Institutional Investor PLC as a “Litigation Star” in the 2011 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys.
As mentioned above, Henry strongly supports public service and pro bono publico work. He has served as an early neutral evaluator and mediator for the Northern District of California’s ADR program and as a member of the Criminal Justice Act appellate panel for the United States District Court for the Northern District of California and the United States Court of Appeals for the Fourth Circuit. His pro bono contributions in 2009 led to his selection in 2010 as a recipient of the California Lawyer’s Attorney of the Year (CLAY) Award and as a recipient of the State Bar of California President’s Pro Bono Service Awards, among other honors. Additionally, his trial victory in American Council of the Blind, et al. v. Social Security Administration was recognized by the Los Angeles and San Francisco Daily Journal as one of the Top Plaintiff Verdicts of 2009.
Deposition Skills: Western
* All states have different MCLE requirements. Please visit your state website, listed below, for additional state specific requirements such as applications, fees, and forms. CLE fees are not included in your tuition. If you do not attend the entire program, you may find your state will not give you any credit for only partial attendance.
|State||Total Credits||Ethics Credits||Status||Website|
|New Jersey||20.3||2.1||Not Applied||www.njcourts.com/cle|
|North Dakota||17||1.7||Not Applied||www.sband.org/Continuing%20...|
|Rhode Island||20.3||2.1||Not Applied||/riap.courts.ri.gov/riap/sp...|
You may check in for the program from 12:00pm to 12:45pm on Friday, October 25. The program will start promptly at 1:00pm on that date and will conclude at 4:00pm on Sunday, October 27. The programs location is:
UC Berkeley School of Law
215 Boalt Hall
Berkeley, CA 94720
Participants are responsible for making their own hotel arrangements. Please contact the hotels directly for reservations and additional information.
2600 Durant Ave.
Berkeley, CA 94704
Visit Hotel Durant Website
Direct URL for Attendee Registration (If use this URL, no login for attendee is needed):
Negotiated Room Rate: $155.00 + tax, limited room block is available. Reservation Cut-off date: Tuesday, September 24, 2013
Please state that you are part of the NITA room
The San Francisco Airport is approximately a 45-minute ride to the program location. Taxi fare costs approximately $45.00. The Super Shuttle costs approximately $15.00 from the airport to the program location.
Helpful information on campus parking locations and rates may be found at pt.berkeley.edu. There is a public lot on Bowditch between Bancroft and Durant (less than 5-minute walk from Law School) that offers Early Bird rate of $9 (enter before 9 am). The closest public lot is next to the Bancroft Hotel, on Bancroft between College and Bowditch, but it fills up fast.
Program materials will be shipped approximately four weeks prior to program's start date from our fulfillment company LexisNexis. The materials packaging will be from LexisNexis not NITA so please watch out for this shipment. If you have any questions about your shipment please call LexisNexis at 1.800.833.9844.
If you sign up 2 weeks prior to the course you will receive the case file by e-mail and can pick up the textbook at the program.
Pre-program preparation requires that you become familiar with the FACTS associated with the case file and/or problems. In order to get the maximum benefit from the program, it is imperative that you prepare as much as possible in advance as time for preparation during the program is extremely limited. Please refer to the program schedule for assignment details to prepare for your performances in each workshop.
Coffee and snacks will be provided throughout the program. Attendees will be on their own for lunches and dinners. There are restaurants within walking distance.
Casual business attire is appropriate throughout the program's duration.
Materials are included in the price of tuition.