Federal Motion Practice: Strategies to Win at the Pretrial Stage

Hillard M. Sterling | Roetzel & Andress

Hillard M. Sterling is a seasoned commercial litigator and trial lawyer with over thirty years of experience resolving complex disputes through settlement, judgment, and verdict across tribunals nationwide. He brings a strategic, creative, and focused approach to his clients’ matters, drawing on experience from both large law firms and boutique practices. His work spans a wide range of commercial and insurance defense matters, including professional liability, technology disputes, cybersecurity incidents, privacy claims, defamation, and intellectual property litigation. Hillard also serves as an expert commentator on technology-law developments and regularly speaks at conferences on cyber, technology, and insurance defense topics.

Education & Credentials

• Hillard M. Sterling earned his Juris Doctor from Georgetown University Law Center and his Bachelor of Arts from Northern Illinois University. He is admitted to practice law in Illinois and the District of Columbia. Additionally, he is admitted to the U.S. District Court for the Northern District of Illinois (Trial Bar) and the U.S. District Court for the Eastern District of Michigan.

Recognition & Leadership

• Hillard has been recognized as an expert commentator in both print and broadcast media on breaking developments in technology law. He has also contributed thought leadership through his published article, “Reducing Insurers’ and Insureds’ Cyber Risks Through Strategic Teamwork,” featured in For the Defense (December 2022). His leadership extends to speaking engagements at national conferences, including presentations on cybersecurity and data privacy, as well as participation in industry podcasts addressing legal issues in healthcare and cybersecurity.

Professional Involvement

• Hillard is actively involved in the legal community as a member of the Defense Research Institute. His professional engagement also includes contributing to legal publications, delivering conference presentations, and participating in podcasts that address emerging issues in cybersecurity, healthcare law, and dispute resolution within professional practices.

Experience

• Hillard’s experience encompasses a broad array of complex litigation matters, particularly in technology, cybersecurity, and commercial disputes. He has defended clients in high-stakes cases involving data breaches, biometric privacy laws, software implementation failures, and fraud schemes, often securing favorable settlements or outcomes after strategic litigation efforts. His work includes representing healthcare networks, software developers, manufacturers, and national vendors in both state and federal courts, as well as arbitration proceedings. In addition to litigation, he has advised clients on cybersecurity best practices, risk mitigation, and contract development to strengthen legal protections and reduce exposure to future claims.

Paul S. Haberman | Mueller Haberman Law Group

Paul S. Haberman, Esq. is a partner at Mueller Haberman Law Group and an accomplished litigator, legal writer, and lecturer with extensive experience representing individuals, companies, and institutions across a wide range of industries, including sports, entertainment, healthcare, hospitality, retail, consumer, and real estate. He has achieved numerous successful outcomes in both federal and state courts through dispositive motion practice, trial, appeal, and negotiation, while providing dedicated and individualized service to his clients. Paul also brings a unique background in sports law as a former New York State-licensed boxing manager, representing world champion boxers and mixed martial artists, and is widely recognized for resolving complex and high-profile matters in a discreet and effective manner. In addition, he maintains professional relationships with attorneys across the United States and internationally, enabling him to assist clients with legal needs on a global scale.

Education & Credentials

• Paul S. Haberman earned his Bachelor of Arts in Political Science from American University and his Juris Doctor from Hofstra University School of Law. He is admitted to practice law in New York, New Jersey, and Connecticut, as well as in multiple federal courts, including the United States District Courts for the Eastern, Northern, and Southern Districts of New York, and the District of New Jersey. He is also a Certified Blockchain and Law Professional.

Recognition & Leadership

• Paul has been recognized by Super Lawyers as a “Rising Star” in the New York Metro Area from 2014 through 2016 and in New Jersey in 2017 and 2018, an honor awarded to no more than 2.5% of attorneys in each state. He has also received an “Excellent” rating on Avvo. His leadership experience includes serving in multiple public and advisory roles, including as a Councilman for the Borough of Norwood, New Jersey, and as a board member for both the Norwood Planning Board and the Norwood Zoning Board of Adjustment. Additionally, he has served as an advisor to The Florence Belsky Charitable Foundation and as Chair of the Sports Law Committee of the New York County Lawyers Association.

Professional Involvement

• Paul is actively engaged in the legal and local community through his memberships in the Bergen County Bar Association and the New Jersey State Bar Association. His involvement extends to community service and youth activities, including serving as counsel to the Norwood Parent Teachers Organization and as an assistant coach for Norwood Tee-Ball and recreational girls basketball. He is also a frequent continuing legal education lecturer on topics such as dispositive motion practice, discovery motions, and physician employment agreements, and has authored over 70 articles addressing legal and regulatory issues in combat sports.

Experience

• Paul’s experience includes representing clients in a wide array of complex litigation matters across federal and state courts, where he has secured numerous victories through motion practice, trial, appeal, and negotiation. His work spans multiple industries and includes high-profile and sensitive matters, particularly within the sports law arena, where he has represented professional athletes and related entities. He has also handled a broad range of representative cases in jurisdictions including the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit. In addition to litigation, Paul leverages his national and international professional network to coordinate and facilitate legal services for clients with needs across various jurisdictions.

SESSION 1 – Federal Motion Practice: Positioning for Victory | 1:00pm – 2:00pm

This session explores federal motion practice, covering pleadings motions under rules 12 and dispositive motions under rules 50 and 56, emphasizing timing, evidentiary considerations, persuasive drafting, and strategies for advancing or defeating motions, illustrated through successes, pitfalls, and litigation insights.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Discovery Disputes and Strategic Use of Discovery to Win Dispositive Motions | 2:10pm – 3:10pm

Provides a practical framework for managing discovery disputes and strategically leveraging discovery to support dispositive motions, covering key federal rules, motion practice, sanctions risks, and techniques for drafting persuasive arguments, aligning case strategy, and delivering effective written and oral advocacy.