NEXT ADVOCATES:

NEXT ADVOCATES: ADMINISTRATIVE LAW JUDGES TO PARTICIPATE IN SECOND ANNUAL ITCTLA MOCK HEARING PROGRAM

In 2022, the U.S. International Trade Commission (Commission) Administrative Law Judges (ALJs) established the Nurturing Excellence in Trial Advocates (NEXT Advocates) Program to encourage greater participation by less-experienced attorneys in the trial phase of Section 337 proceedings. Following the resounding success of the Inaugural International Trade Commission Trial Lawyers Association (ITCTLA) Mock Hearing Program in 2023, a second Mock Hearing Program will be taking place at the Commission on Wednesday, November 13, 2024.

This year, twenty-four attorneys from twenty-two different law firms will conduct direct and cross examinations of actual expert witnesses in a series of mock evidentiary hearings before Commission ALJs who will provide participants with real-time feedback about effective trial practice. “Last year’s mock program was inspiring,” said Clark Cheney, Chief Administrative Law Judge at the Commission. “All of our judges came away impressed with the commitment from the bar to giving a diverse group of attorneys opportunities to grow and succeed. We can’t wait to see the examinations by this year’s participants.”

Paulina Starostka, an associate from DLA Piper who participated in the Inaugural Mock Hearing Program, recounted how thrilled she was with the “multi-fold benefits starting long before approaching the podium.” Starostka appreciated the opportunity to “experience aspects of expert testimony as one would in an actual trial with the added bonus of live feedback from the judges,” which she credited with improving her public speaking, critical thinking, and trial advocacy skills.

As with the Inaugural Program, this year’s mock hearing participants have given three or fewer substantive oral arguments or witness examinations in any federal tribunal, the same qualifier for participating in the Commission’s various NEXT Advocates activities. Participants will work with experienced ITCTLA practitioners who will act as mock hearing coaches to help the advocates develop a litigation strategy from the mock case materials and refine the advocates’ witness examinations. Andrew Beverina, from Arnall Golden Gregory, was one of the coaches from the Inaugural Program. He described the program as an “unqualified success,” with the level of advocacy from the participants being matched “only by the level of constructive and detailed feedback the attorneys received from the ALJs.”

“We believe the NEXT Advocates participating in the mock hearing program will not only gain invaluable courtroom experience but will also gain practical knowledge and skills that they can use in Section 337 investigations at the Commission,” said Monica Bhattacharyya, Administrative Law Judge. “Since we initiated the NEXT Advocates Program in 2022, over 130 NEXT Advocates from 40 different law firms have made presentations in over 45 actual Section 337 hearings. The mock program prepares attorneys for those real-world experiences.”

About ALJs. ALJs at the U.S. International Trade Commission are independent, nonpartisan adjudicators who preside over the trial phase of unfair import investigations under Section 337 of the Tariff Act of 1930. Such proceedings may involve allegations of intellectual property infringement, trade secret misappropriation, false advertising, antitrust, and other unfair trade practices.