Litigation & Appeals

The Damages Mistakes They Want You to Make

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 50 minutes
Tony Graffeo
Etan Hirsch
Jaclyn Laferriere
Miranda Hanley
Michael Burg
With Tony Graffeo from Alexander Shunnarah Trial Attorneys + 4 others
Recorded June 10, 2026.
Product ID 102032

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Course Includes
$429

OnDemand Video

Course Book Download

Overview

Top Ways Plaintiff's Lawyers Unintentionally Undermine Damages

Damages can be distorted in demand letters, weakened by pleading and discovery choices, and quietly dismantled in negotiations and trial - often without plaintiff's lawyers realizing it until it's too late. Are you leaving money on the table with strategic missteps and missed opportunities? This program examines where damages actually break down across the life of a case - from initial valuation through settlement and trial. It focuses on the real-world mistakes lawyers make when valuing damages, framing demands, developing proof, and presenting damages to the decision-makers who ultimately control case value. Avoid costly blind spots and maximize recoverable damages from the start of the case through resolution - register today!

  • Identify early valuation and demand letter missteps that will cost you.
  • Avoid choices that erode economic and non-economic damages.
  • Anticipate discovery and evidentiary mistakes that quietly gut damages.
  • Use damages uncertainty and risk strategically in negotiation and mediation.
  • Present damages at trial in a way jurors can understand, accept, and defend in the deliberation room.
  • Navigate ethical pressure points in damages valuation and settlement.

Abbreviated Agenda

  1. Early Valuation, Demand Letter, and Case Strategy Errors
  2. Top Mistakes in Calculating Damages: Economic vs. Pain and Suffering
  3. Failing to Tailor Your Strategy: How Adjusters, Mediators, Jurors, and Others Perceive Damages
  4. AI and Damages: Valuation Modeling, Demand Drafting, and Other Uses
  5. Discovery and Evidence: Building - or Breaking - the Damages Case
  6. Negotiation and Mediation Errors That Will Cost You
  7. 9 Trial Strategies That Fall Flat or Even Backfire
  8. Ethics of Settlement and Damages: Candor, Conflicts, and Client Pressure

Related Topics

Product ID 102032

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total

Credit Details by Jurisdiction

OnDemand Video

CLE Credits
Alaska CLE Reciprocity · 6 Total Credits
  • 1 MECLE Ethics

Earn Until

OnDemand - Alaska CLE - 6: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 6.0 hours of credit, which includes 5.0 hours of MCLE credit and 1.0 hour of MECLE credit.

Video Download - Alaska CLE - 6: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 6.0 hours of credit, which includes 5.0 hours of MCLE credit and 1.0 hour of MECLE credit.

Alabama CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Alabama CLE - 6: This course or a portion thereof has been approved by the Alabama State Bar Mandatory Continuing Legal Education Commission for a maximum of 6.0 on-demand credit hours, including 1.0 ethics/professionalism credit.

Arkansas CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Arkansas CLE - 6: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 6.0 hours of on demand continuing legal education credit, including 1.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Video Download - Arkansas CLE - 6: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 6.0 hours of on demand continuing legal education credit, including 1.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Arizona CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Arizona CLE - 6: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 6.0 hours toward your annual CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.

Video Download - Arizona CLE - 6: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 6.0 hours toward your annual CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.

California CLE Approved · 6 Total Credits
  • 1 Legal Ethics

Earn Until

OnDemand - California CLE - 6: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 6.0 hours of participatory credit, of which 1.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Video Download - California CLE - 6: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Colorado CLE Approved · 7 Total Credits
  • 1.2 Professional Responsibility

Earn Until

OnDemand - Colorado CLE - 7: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 7.0 hours of home study general Colorado Continuing Legal Education Credit, including 1.20 professional responsibility credit.

Video Download - Colorado CLE - 7: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 7.0 hours of home study general Colorado Continuing Legal Education Credit, including 1.20 professional responsibility credit.

Connecticut CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

Delaware CLE Approved · 6 Total Credits
  • 1 Ethics

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OnDemand - Delaware CLE - 6: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 6.0 hours of eCLE credit, including 1.0 hour of ethics.

Florida CLE Approved · 7 Total Credits
  • 7 Civil Trial
  • 1 Professional Responsibility

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OnDemand - Florida CLE - 7: Approved by The Florida Bar, this program qualifies for 7.0 general hours of CLER self-study credit including 1.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs). Certification: 7.0 - Civil Trial

Video Download - Florida CLE - 7: Approved by The Florida Bar, this program qualifies for 7.0 general hours of CLER self-study credit including 1.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs). Certification: 7.0 - Civil Trial

Georgia CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Georgia CLE - 6: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethics.

Video Download - Georgia CLE - 6: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethics.

Hawaii CLE Approved · 6 Total Credits
  • 1 Ethics/Professional Responsibility

Earn Until

OnDemand - Hawaii CLE - 6: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.

Video Download - Hawaii CLE - 6: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.

Iowa CLE Approved · 6 Total Credits
  • 1 Legal Ethics

Earn Until

OnDemand - Iowa CLE - 6: "The Damages Mistakes They Want You to Make" is an accredited program under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide a maximum of 6.0 hours of unmoderated activity credit toward the mandatory continuing legal education requirements under the Iowa rule, including 1.0 hour of legal ethics unmoderated activity credit.

Illinois CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Illinois CLE - 6: This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics, civility, professionalism or sexual harassment prevention training CLE credit by the Illinois Supreme Court Commission on Professionalism.

Video Download - Illinois CLE - 6: This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics, civility, professionalism or sexual harassment prevention training CLE credit by the Illinois Supreme Court Commission on Professionalism.

Indiana CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Indiana CLE - 6: This course has been approved by the Indiana Supreme Court Office of Admissions & Continuing Education. Participating attorneys are eligible to receive 6.0 hours of distance education, which includes 1.0 hour of ethics.

Kansas CLE Approved · 7 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Kansas CLE - 7: Approved by Kansas CLE for 7.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.

Video Download - Kansas CLE - 7: Approved by Kansas CLE for 7.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.

Kentucky CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Kentucky CLE - 6: This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and qualifies for 6.0 credits, including 1.0 ethics credits.

Video Download - Kentucky CLE - 6: This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and qualifies for 6.0 credits, including 1.0 ethics credits.

Maine CLE Approved · 6 Total Credits

Earn Until

OnDemand - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit.

Video Download - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit.

Course Book - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit.

Minnesota CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Minnesota CLE - 6: Approved for 6.0 hours of standard on-demand CLE credit, including 1.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Video Download - Minnesota CLE - 6: Approved for 6.0 hours of standard on-demand CLE credit, including 1.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Missouri CLE Approved · 6 Total Credits

Earn Until

OnDemand - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Video Download - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Course Book - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 6 Total Credits

Earn Until

OnDemand - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Video Download - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Course Book - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.

Montana CLE Approved · 6 Total Credits
  • 1 Professional Fitness and Integrity

Earn Until

OnDemand - Montana CLE - 6: This program qualifies for 6.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 1.0 hour of professional fitness and integrity credit.

Video Download - Montana CLE - 6: This program qualifies for 6.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 1.0 hour of professional fitness and integrity credit.

North Carolina CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - North Carolina CLE - 6: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 6.0 hours of online CLE credit, including 1.0 professional responsibility.

Video Download - North Carolina CLE - 6: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 6.0 hours of online CLE credit, including 1.0 professional responsibility.

North Dakota CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - North Dakota CLE - 6: North Dakota attorneys completing this program may claim 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of self-study ethics credit, on the Report of Compliance.

Video Download - North Dakota CLE - 6: North Dakota attorneys completing this program may claim 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of self-study ethics credit, on the Report of Compliance.

Nebraska CLE Approved · 6 Total Credits
  • 1 Professional Responsibility

Earn Until

OnDemand - Nebraska CLE - 6: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit.

Video Download - Nebraska CLE - 6: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 6.0 distance learning CLE credits, including 1.0 hour of professional responsibility credit.

New Hampshire CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - New Hampshire CLE - 6: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

Video Download - New Hampshire CLE - 6: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

New Jersey CLE Approved · 7.2 Total Credits
  • 1.2 Ethics/Professionalism

Earn Until

OnDemand - New Jersey CLE - 7.2: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of alternative format CLE credit. Of these, 1.20 qualifies as hours of alternative learning format credit for ethics/professionalism.

Video Download - New Jersey CLE - 7.2: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of alternative format CLE credit. Of these, 1.20 qualifies as hours of alternative learning format credit for ethics/professionalism.

New Mexico CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - New Mexico CLE - 6: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Video Download - New Mexico CLE - 6: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Nevada CLE Approved · 6 Total Credits
  • 1 Ethical Considerations

Earn Until

OnDemand - Nevada CLE - 6: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.

Video Download - Nevada CLE - 6: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.

New York CLE Approved · 7 Total Credits
  • 6 Skills
  • 1 Ethics/Professionalism

Earn Until

OnDemand - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the skills requirement and is approved for experienced attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the skills requirement and is approved for experienced attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Ohio CLE Approved · 6 Total Credits
  • 1 Professional Conduct

Earn Until

OnDemand - Ohio CLE - 6: This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 6.0 self-study CLE credit hours, including 1.0 hour of attorney professional conduct instruction.

Video Download - Ohio CLE - 6: This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 6.0 self-study CLE credit hours, including 1.0 hour of attorney professional conduct instruction.

Oklahoma CLE Approved · 7 Total Credits
  • 1 Legal Ethics

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OnDemand - Oklahoma CLE - 7: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 7.0 of On Demand CLE credit hours, which includes 1.0 hour of legal ethics.

Video Download - Oklahoma CLE - 7: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 7.0 of On Demand CLE credit hours, which includes 1.0 hour of legal ethics.

Pennsylvania CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

Video Download - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

South Carolina CLE Approved · 6 Total Credits
  • 1 Legal Ethics/Professional Responsibility

Earn Until

OnDemand - South Carolina CLE - 6: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 alternatively delivered hours, of which 1.0 hour relates to legal ethics and professional responsibility.

Tennessee CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Tennessee CLE - 6: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 6.0 hours of Distance Learning credit, including 1.0 hour of ethics/professionalism (EP) credit.

Texas CLE Approved · 6 Total Credits
  • 1 Legal Ethics/Professional Responsibility

Earn Until

OnDemand - Texas CLE - 6: This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement.

Video Download - Texas CLE - 6: This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement.

Utah CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Utah CLE - 6: National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program qualifies for 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethics credit.

Video Download - Utah CLE - 6: National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program qualifies for 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethics credit.

Virginia CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Virginia CLE - 6: This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of prerecorded credit, of which 1.0 hour will also apply in the area of legal ethics or professionalism.

Video Download - Virginia CLE - 6: This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of prerecorded credit, of which 1.0 hour will also apply in the area of legal ethics or professionalism.

Vermont CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Vermont CLE - 6: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Video Download - Vermont CLE - 6: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit.

Washington CLE Approved · 6 Total Credits
  • 1 Ethics/Professional Responsibility

Earn Until

OnDemand - Washington CLE - 6: This program qualifies for 6.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics and professional responsibility.

Video Download - Washington CLE - 6: This program qualifies for 6.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics and professional responsibility.

Wisconsin CLE Approved · 7 Total Credits

Earn Until

OnDemand - Wisconsin CLE - 7: Approved for 7.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

Video Download - Wisconsin CLE - 7: Approved for 7.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

West Virginia CLE Approved · 7.2 Total Credits
  • 1.2 Ethics

Earn Until

OnDemand - West Virginia CLE - 7.2: This program qualifies for 7.20 hours of pre-recorded credit, which includes 1.20 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Video Download - West Virginia CLE - 7.2: This program qualifies for 7.20 hours of pre-recorded credit, which includes 1.20 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Wyoming CLE Approved · 6 Total Credits
  • 1 Ethics

OnDemand - Wyoming CLE - 6: The Wyoming State Board of Continuing Legal Education has granted 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics.

Video Download - Wyoming CLE - 6: The Wyoming State Board of Continuing Legal Education has granted 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics.

Course Book (PDF Download)

CLE Credits
Maine CLE Approved · 6 Total Credits

Earn Until

Course Book - Maine CLE - 6: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 6.0 hours of self-study CLE credit.

Missouri CLE Approved · 6 Total Credits

Earn Until

Course Book - Missouri CLE - 6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 6.0 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 6 Total Credits

Earn Until

Course Book - Northern Mariana Islands CLE - 6: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit.
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CLE

Agenda

All times are shown in

  1. Early Valuation, Demand Letter, and Case Strategy Errors

    1. Failing to Build a Damages Theory at Intake
    2. Missing Offsets and Liens Until It's Too Late
    3. Ignoring Venue, Jury Pool, and Local Verdict Trends
    4. Under-Valuation or Overreach
    5. Treating Policy Limits as a Valuation Substitute
    6. Damages Demands and Anchoring: Setting the Ceiling Without Breaking Credibility
    7. Pleading Choices That Cost You Later

  2. Top Mistakes in Calculating Damages: Economic vs. Pain and Suffering

  3. Failing to Tailor Your Strategy: How Adjusters, Mediators, Jurors, and Others Perceive Damages

    1. Insurance Adjusters/Claims Professionals: What Drives Early Valuation and Reserves - and What Mistakes Stall Claims
    2. Defense Counsel's Attacks on Damages: Internally vs. Publicly
    3. Mediators: Damages Narratives That Unlock Movement
    4. Arbitrators: How They Perceive Damages
    5. How Judges Quietly Shape Case Value: Pleadings, Motion Practice, and Evidence
    6. Juries - Asking for Money in a Way They Accept

  4. AI and Damages: Valuation Modeling, Demand Drafting, and Other Uses

  5. Discovery and Evidence: Building - or Breaking - the Damages Case

    1. Preservation and Spoliation Failures Tied to Damages Proof
    2. Failing to Treat Damages as a Discovery Driver
    3. Letting Documents Substitute for Client Testimony and Damages Witnesses
    4. Experts That Harden Weak Damages Assumptions
    5. Damages Claims Undermined by Client Behavior and Records
    6. Admissibility Failures That Gut Damages Proof

  6. Negotiation and Mediation Errors That Will Cost You

    1. Failing to Explain Damages in Terms the Defense Actually Uses
    2. Damages Uncertainty as Leverage - Used Correctly and Incorrectly
    3. Using Worst-Case Verdicts Instead of Realistic Exposure
    4. Mishandling Non-Economic Damages in Negotiation
    5. Walking Away Too Early - or Staying Too Long
    6. Mediation Statements: Making Damages Defensible to Neutrals
    7. Treating Mediation as a Presentation Instead of a Risk Discussion

  7. 9 Trial Strategies That Fall Flat or Even Backfire

  8. Ethics of Settlement and Damages: Candor, Conflicts, and Client Pressure

    1. Managing Client Expectations
    2. Conflicts of Interest
    3. Candor and Truthfulness in Damages Representations
    4. Managing Client Pressure to Overstate or Conceal Damages Issues
    5. Ethical Handling of Liens

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Tony Graffeo
Tony
Graffeo
Alexander Shunnarah Trial Attorneys
Etan Hirsch
Etan
Hirsch
Hirsch Andrade LLP
Jaclyn S Laferriere
Jaclyn S.
Laferriere
Hall and Evans
Miranda N Hanley
Miranda N.
Hanley
Smith Welch Webb & White LLC
Michael S Burg
Michael S.
Burg
Burg Simpson Eldredge Hersh & Jardine, P.C.
Speaker bio
Tony Graffeo

Tony Graffeo

Alexander Shunnarah Trial Attorneys
Tony Graffeo

is the managing attorney at the Huntsville offices of Alexander Shunnarah Injury Attorneys, PC, where he concentrates on litigation of motor vehicle collision cases and other personal injury matters. He also has extensive experience litigating cases involving defective products, medical negligence, and premises liability. Mr. Graffeo is a member of the Alabama and Tennessee state bars, Huntsville-Madison County Bar Association, American Association for Justice, and Alabama Association for Justice. He earned his B.A. degree, cum laude, from the University of Notre Dame and his J.D. degree from the University of Alabama School of Law.

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Speaker bio
Etan Hirsch

Etan Hirsch

Hirsch Andrade LLP
Etan Hirsch

is an attorney with the law firm of Hirsch Andrade LLP in Bridgeport, where his practice is focused on personal injury, automobile negligence, and premises liability cases. During law school, he interned at the Office of the Attorney General of the State of New York, and the Connecticut State's Attorney's Office. In addition, Mr. Hirsch served as a judicial intern in the chambers of Magistrate Judge Joyce London Alexander of the United States District Court for the District of Massachusetts. He earned his B.A. degree from George Washington University and his J.D. degree from Suffolk University Law School. Mr. Hirsch is admitted to practice in Connecticut, and is a member of the Connecticut Trial Lawyers Association, American Bar Association, Greater Bridgeport Bar Association and the American Association for Justice.

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Speaker bio
Jaclyn S Laferriere

Jaclyn S. Laferriere

Hall and Evans
Jaclyn Laferriere

is an attorney at Hall and Evans. She is a litigation attorney with a practice that focuses on transportation defense and general insurance defense. Ms. Laferriere represents national railroads facing Federal Employers' Liability Act and Federal Railroad Safety Act claims, grade crossing accidents, OSHA investigations, toxic torts, and whistleblower complaints. She is also experienced with matters involving medical malpractice, wrongful death, bad faith, and premises liability. Ms. Laferriere earned her B.A. degree from Montana State University and her J.D. degree, cum laude, from Vermont Law School. She is admitted to practice in Montana, North Dakota, and Colorado.

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Speaker bio
Miranda N Hanley

Miranda N. Hanley

Smith Welch Webb & White LLC
Miranda Hanley

is a partner with Smith Welch Webb & White LLC. She has a litigation practice specializing in the areas of personal injury, workers' compensation and complex civil litigation. Ms. Hanley has extensive trial and jury trial experience, and regularly litigates in both state and federal courts. She has also worked on numerous appeals in the Georgia Court of Appeals, Supreme Court of Georgia, Eleventh Circuit Court of Appeals and the United States Supreme Court. Ms. Hanley earned her B.A. degree from Kennesaw State University and her J.D. degree from Faulkner University, Jones School of Law.

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Speaker bio
Michael S Burg

Michael S. Burg

Burg Simpson Eldredge Hersh & Jardine, P.C.
Michael Burg

is the founding shareholder of the Denver law firm of Burg Simpson Eldredge Hersh & Jardine, P.C., where his practice emphasizes large complex litigation, commercial cases, professional malpractice, catastrophic injuries and mass tort litigation. He was a recipient of the American Jurisprudence Award in conflict of laws. Mr. Burg earned his B.A. and J.D. degrees from the University of Denver. He has served as an adjunct professor of law at the University of Denver College of Law. Mr. Burg achieved the rank of advocate by the American Board of Trial Advocates, and has served as a participating faculty member of the ABOTA Masters in Trial program in Denver, Nashville, Des Moines and Kansas City. He also is a member of the Arapahoe Bar Association and The Association of Trial Lawyers of America (member, President's Club). Mr. Burg serves as a member of the Alumni Council for the University of Denver College of Law.

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