2021 Antitrust Trial Training Academy

(Prior to the Program):

Virtual Session

90 minutes CASE THEORY WORKSHOP

All A’s and All B’s will meet in their respective rooms to analyze the facts and construct working factual, legal and persuasive theories of the case as well as to assess the value of each witness to the case theory.

Monday, December 6, 2021

Today’s focus will be on developing your case theory through persuasive direct and cross examination. You are encouraged to use exhibits during your examinations and, for today’s exercises, you should assume that they have already been admitted into evidence. The day will also include lecture/demonstrations on Direct and Cross Examination, Using Exhibits Persuasively in an Antitrust case, and on Opening Statements and Closing Arguments, as well as a workshop in which you will present your theme and theory of the case and key facts as part of the first two minutes of your closing argument. For each workshop, read the relevant sections of the Lubet book.

8:00 - 8:30 Faculty Meeting (Faculty Only)

8:30- 9:45 PROGRAM INTRODUCTION LECTURE/DEMONSTRATION:

Techniques for Persuasive Direct and Cross Examination

9:45 - 10:00 BREAK

10:00 - 12:00 DIRECT, CROSS AND REDIRECT PERFORMANCE WORKSHOP

A’s prepare direct examination of Ann Snyder witness]

B’s prepare cross examination of Ann Snyder

12:00 - 12:30 LUNCH

12:30 – 1:30 LECTURE/DEMONSTRATION

Persuasive Opening Statements and Closing Arguments

1:30 -3:30 DIRECT, CROSS AND REDIRECT PERFORMANCE WORKSHOP AND VIDEO REVIEW

A’s prepare cross examination of Ava Troleum B’s prepare direct examination of Ava Troleum

3:30 - 3:45 BREAK

3:45 – 4:30 CLOSING ARGUMENTS WORKSHOP- (Two minute drill) [no video] Prepare

to present the first two minutes of your closing argument, which includes a succinct version of your theory of the case and argument. A’s prepare closing for the plaintiff B’s prepare closing for defense.

4:30 - 6:00 LECTURE/DEMONSTRATION:

Persuasive Use of Exhibits and Summary Charts in an Antitrust Case

Tuesday, December 7, 2021

Today, the primary focus in the performance workshops will be on persuasive use of exhibits and the preparation and presentation of expert testimony. There will be lectures on advanced cross examination and impeachment and on presenting expert testimony at trial. In the exhibits workshop, you should be prepared to effectively introduce into evidence and then use exhibits in the case on both direct and cross to enhance the persuasive power of your examination.

There will also be a witness preparation session in which participants will be able to prepare their expert for testimony and consult with their expert in preparation for cross examination of the opponent’s expert.

8:00 - 8:30 Faculty Meeting (Faculty only)

8:30 – 9:30 LECTURE/DEMONSTRATION:

Advanced Impeachment and Cross Examination Techniques for Trial

9:30- 9:45 BREAK

9:45 - 12:30 EXHIBITS AND DEMONSTRATIVE EVIDENCE PERFORMANCE WORKSHOP

All participants should be prepared to introduce two exhibits from the case. Each participant should choose exhibits to introduce that he/she deems are important documents in developing the theory of the case. Be prepared to

introduce the exhibit into evidence at trial to lay a persuasive, as well as a legal foundation, to discuss the relevance of the particular exhibit you chose to your case theory and to use the exhibit in examination once introduced.

12:30 - 1:00 LUNCH

1:00 - 2:00 LECTURE/DEMONSTRATION:

Presenting Expert Testimony at Trial of an Antitrust Case

2:00 - 2:15 BREAK

2:15 - 3:30 PREPARING AN EXPERT PERFORMANCE WORKSHOP

A’s and B’s will meet separately with their expert to:

(1) refine your theory of the case

(2) prepare your expert for testifying

(3) consult with your expert in preparation for cross examination

3:30 – 3:45 BREAK

3:45 – 6:00 EXAMINATION OF EXPERTS PERFORMANCE WORKSHOP AND VIDEO REVIEW

A’s prepare direct examination of Kim Knimble expert

B’s prepare cross examination of Kim Knimble

Wednesday, December 8, 2021

Today, we will continue to focus on presenting expert testimony and advanced direct and cross examination. In addition, you will present your full opening and closing statements.

8:00 - 8:30 Faculty Meeting (Faculty only)

8:30 – 11:00 EXAMINATION OF EXPERTS PERFORMANCE WORKSHOP AND VIDEO REVIEW

B’s prepare direct examination of Pat Shultz A’s prepare cross examination of Pat Shultz

11:00 - 11:15 BREAK

11:15 - 1:15 DIRECT, CROSS AND REDIRECT EXAMINATION PERFORMANCE WORKSHOP AND

VIDEO REVIEW

B’s prepare direct examination of Joseph Fuellmann A’s prepare cross examination of Joseph Fuellmann

1:15 - 1:45 LUNCH

1:45 – 3:15 OPENING STATEMENTS WORKSHOP (Ten minute version)

Prepare to present your opening statement for the final trial, which should not exceed 10 minutes.

A’s prepare opening for the plaintiff B’s prepare opening for defense

3:15 - 5:30 CLOSING ARGUMENTS PERFORMANCE SESSION AND VIDEO REVIEW

(15 Minute Version)

Prepare to present your closing for the final trial, which should not exceed 15 minutes.

A’s prepare closing for the plaintiff B’s prepare closing for defense

5:30 – 6:00 CLOSING REMARKS