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Litigating MAGA: Lessons in Advocacy of Controversial and Uncertain Claims

SKU: LIT7400
Total Credits
1 - 1.6
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How should legal practitioners approach and defend claims that might seem nebulous or without precedent? This seminar will answer this question by considering cases such as Piatek v. Happiest Hour, a business ejected a patron for wearing a Make America Great Again hat. In that case, the plaintiff argued that the bar had discriminated against him on the basis of his “creed.” We will discuss the arguments made for and against the plaintiff in this case alongside other such cases that raised uncertain and socially contentious claims.

The seminar, open to litigants of all levels, will provide participants different methods of persuasive legal writing and oral advocacy to approach and defend these kinds of cases. In particular, we will discuss how litigants can frame these cases in ways to survive a motion to dismiss. Please note that this seminar will not be a political debate of these issues. Rather, the seminar will prepare litigants with the legal tools, both written and oral, to handle these kinds of cases in both federal and state court.

Lecturer Bio

Victoria Kennedy, Esq.

Victoria Kennedy’s practice focuses on contract negotiation and disputes, labor and employment matters, insurance defense including coverage analysis and premises liability, intellectual property and commercial litigation. She regularly appears in New York state and federal courts and has successfully represented clients in mediation and arbitration proceedings. Victoria also provides outside general counsel services to companies that either lack in-house legal departments or require additional legal support, advising on contracts, construction/real estate, and employment/HR matters.

Previously, Victoria managed a solo general litigation practice, and held the position of Vice President and Senior Trial Counsel for Fidelity National Title Insurance Company. She honed her skills as a litigation and government compliance attorney while an associate with international law firms White & Case LLP and Cahill Gordon & Reindel LLP. Post-Hurricane Katrina, Victoria took a one-year hiatus from New York to spend time with family in her hometown of New Orleans while serving as Special Counsel to Louisiana-based firm Jones, Walker, Waechter, Poitevent, Carrère & Denègre, LLP.

Victoria graduated with honors from Harvard Law School in 2001, and she has been included among the prestigious National Black Lawyers: Top 100 in 2017 and 2018. She is currently Senior Counsel with Russo & Toner LLP and resides in New York City with her 4-year old son.

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