Evidence at Trial, On the Record: Foundations, Objections, Motions in Limine, Expert Testimony, and Persuasive Presentation Under the Federal Rules

Reuben A. Guttman, Senior Founding Partner | Guttman, Buschner & Brooks PLLC

Reuben A. Guttman is a Washington, D.C.–based trial attorney and a founding member of Guttman Buschner LLP. His practice focuses on complex litigation and class actions involving claims such as fraud, breach of fiduciary duty, environmental misconduct, antitrust violations, business interference, and other statutory or common law disputes. Over the course of his career, he has litigated and tried cases that resulted in significant recoveries under the federal whistleblower and False Claims Act framework. He has also been recognized for his work representing whistleblowers and has been described by media outlets as one of the world’s prominent whistleblower attorneys. In addition to his litigation practice, he teaches trial advocacy and contributes scholarship and commentary on legal and public policy issues.

Education & Credentials

Reuben A. Guttman earned his Juris Doctor from Emory University School of Law in 1985 and received a Bachelor of Arts in American History from the University of Rochester in 1981. In addition to practicing law, he serves in academic roles including as a Senior Fellow and Adjunct Professor at the Emory University School of Law Center for Advocacy and Dispute Resolution, where he teaches and participates in trial advocacy training programs.

Recognition & Leadership

Mr. Guttman has been recognized within the legal profession for his work in whistleblower and complex litigation matters. Media coverage and legal publications have described him as a leading attorney in whistleblower litigation, and he has been named a “Top Lawyer” by Washingtonian Magazine. He has also served in leadership roles in legal and policy organizations, including election to the Board of Directors of the American Constitution Society for Law and Policy, and has participated in national and international programs focused on advocacy and legal training.

Professional Involvement

Beyond his litigation practice, Mr. Guttman is actively engaged in legal education, scholarship, and professional training initiatives. He is affiliated with the National Institute of Trial Advocacy and has lectured at universities and legal programs in the United States and internationally, including academic institutions in China. He has also been involved in programs supported by the U.S. State Department that train judges and legal practitioners in trial advocacy and oral litigation skills. In addition, he has contributed commentary and articles to a variety of publications addressing law, governance, and public policy.

Experience

Mr. Guttman’s litigation experience spans complex commercial disputes, class actions, and whistleblower cases involving government fraud and regulatory violations. He has served as counsel in significant False Claims Act matters and has represented whistleblowers in cases that resulted in major recoveries for the federal government, including large pharmaceutical and financial fraud settlements. His work has addressed issues such as unlawful drug marketing, fraudulent mortgage assignments, and government contracting practices. In addition, he has litigated employment and labor matters, including cases involving federal labor standards and workplace safety issues, as well as matters affecting workers in the U.S. nuclear weapons complex.

Marlon Primes, Co-Chair, Business and Tort Litigation Group | Brennan, Manna & Diamond

Marlon A. Primes is a member of Brennan, Manna & Diamond’s Cleveland office and serves as Co-Chair of the firm’s Business and Tort Litigation Practice. A former Assistant U.S. Attorney for the Northern District of Ohio with more than three decades of experience, he now represents companies across the United States in high-stakes litigation. His work has included complex civil matters in state, federal, and appellate courts, including jury trials and appellate proceedings. In addition to his litigation practice, Mr. Primes has been recognized for his leadership within the legal profession and for his civic and community contributions.

Education & Credentials

Mr. Primes earned his Juris Doctor from Georgetown University Law Center. He received his Bachelor of Science in Journalism from Ohio University’s E.W. Scripps School of Journalism, where he studied broadcast news and political science. He is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Courts for the Northern and Southern Districts of Ohio, the District of Columbia, and all Ohio state courts.

Recognition & Leadership

Mr. Primes has received numerous professional honors recognizing his legal service, teaching, and leadership. His awards include the Outstanding Faculty Award from the National Business Institute (2025), the Trailblazer Award from the Norman S. Minor Bar Association (2023), and the President’s Award from the National Bar Association (2022). Earlier in his career he received the Craig Tame Award for Excellence in Community Outreach from the U.S. Attorney’s Office for the Northern District of Ohio and recognition from Crain’s Cleveland Business as one of its “People on the Move.” He is also a Fellow of both the American Bar Foundation and the Ohio State Bar Foundation, distinctions reserved for a small percentage of attorneys recognized for professional achievement and leadership.

Professional Involvement

Mr. Primes has played an active role in professional organizations and bar leadership. He served as President of the Cleveland Metropolitan Bar Association, becoming both the first African American attorney and the first government attorney to hold that role. He also served as National Vice President of the National Bar Association, the largest association of African-American lawyers and judges in the United States, and as Chair of the Litigation Section of the Ohio State Bar Association. His professional affiliations include membership in organizations such as the American Law Institute, the Ohio State Bar Association, and leadership roles in several legal and civic organizations.

Experience

Mr. Primes has handled complex civil litigation throughout his career, including matters involving business disputes, employment law, securities litigation, healthcare and medical malpractice, education law, and internal corporate investigations. During his more than 30-year tenure as an Assistant U.S. Attorney in the Northern District of Ohio, he represented federal agencies and institutions such as the Veterans Affairs Medical System and other government entities in litigation matters. In private practice, he continues to represent corporations and organizations in high-stakes litigation, jury trials, and appellate proceedings across multiple jurisdictions. He also frequently lectures and teaches legal topics and has served as an instructor at the National Advocacy Center, which trains federal prosecutors and attorneys.

Jake Green, Technical Operations Manager | Digital Forensics in Raleigh

William Jacob “Jake” Green is the Technical Operations Manager of Digital Forensics at Envista Forensics in Raleigh, North Carolina. He specializes in digital forensic analysis, including computer and mobile device examinations, digital evidence preservation, and expert testimony in criminal and civil litigation. Mr. Green began his career in law enforcement with the Rock Hill Police Department in South Carolina, where he served as a patrol officer, collision reconstruction investigator, forensic investigator, and detective. His interest in digital forensics emerged during his assignment to a multi-jurisdictional crime scene and forensic task force, where he developed expertise in the identification, collection, and analysis of electronic evidence. Since joining Envista Forensics in 2016, he has worked with attorneys, corporations, law enforcement agencies, and private parties in matters involving digital investigations, cybersecurity issues, and litigation support, and has testified as an expert witness in courts across the United States.

Education & Credentials

Mr. Green earned a Bachelor of Science in Criminal Justice from Appalachian State University in 2005. He completed the Basic Law Enforcement program at the South Carolina Criminal Justice Academy in 2006 and later pursued specialized education in digital investigations, including the Digital Forensic Program at Central Piedmont Community College (2012) and coursework through the Cisco Networking Academy at York Technical Community College (2013). He has also completed professional training through organizations such as the National Computer Forensics Institute and the International Association of Computer Investigative Specialists (IACIS) and has accumulated more than 973 hours of digital forensics training. His certifications include multiple Cellebrite credentials, Magnet Certified Forensic Examiner, and other specialized mobile and computer forensic certifications.

Recognition & Leadership

Throughout his career in law enforcement and forensic consulting, Mr. Green has received commendations and promotions recognizing his investigative work, particularly in collision reconstruction and forensic investigations. His expertise led to his appointment as a Special Deputy United States Marshal and participation in the U.S. Secret Service Electronic Crimes Task Force, where he supported digital evidence recovery and analysis for numerous investigative agencies. In his current leadership role at Envista Forensics, he oversees the development and implementation of digital forensic methodologies, workflows, and operational standards while contributing expert analysis in complex investigations and litigation matters.

Professional Involvement

Mr. Green maintains active professional engagement in the digital forensic and investigative community. He is a member of the International Association of Computer Investigative Specialists (IACIS) and holds professional investigator or digital forensic examiner licenses in multiple jurisdictions. He has also presented at professional conferences, including the Magnet User Summit and the Techno Security & Digital Forensics Conference, on topics related to digital forensic analysis and the use of digital evidence in investigations. His work frequently involves collaboration with attorneys, law enforcement agencies, and organizations seeking expert analysis of electronic evidence.

Experience

Mr. Green has extensive experience conducting forensic examinations and providing expert testimony related to digital evidence. During his law enforcement career, he participated in crime scene investigations, collision reconstruction, and the development of electronic crimes investigative capabilities within his department. As part of the U.S. Secret Service Electronic Crimes Task Force, he assisted local, state, and federal agencies in the recovery and analysis of digital evidence. Since joining Envista Forensics, he has performed numerous forensic examinations and has testified as an expert witness in courts across the United States, including state, federal, and military courts. His work has involved matters ranging from homicide and financial crimes to civil litigation and corporate investigations involving digital evidence.

I. Playing Offense and Defense on Objections: Motions in Limine, Key FRE Calls, and Staying on Your Feet at Trial | 1:00pm – 2:00pm

This session offers a practical approach to managing evidence issues before and during trial. We’ll cover how to use motions in limine to keep evidence in or out, how to anticipate where objections will arise, and how to handle them efficiently without losing momentum. We’ll also address courtroom procedure preferences (sidebar vs. excusing the jury), when to submit short bench memos, and the key Federal Rules of Evidence that drive most trial rulings. This session will explore the evolving legal boundaries of trademark use in expressive works, beginning with a breakdown of the Rogers test and when creative use of a third-party mark may be protected under the First Amendment. It will then examine the Supreme Court’s decision in Jack Daniel’s v. VIP and how it reshapes the distinction between expressive and commercial trademark use. Finally, the session will provide practical, real-world strategies for assessing trademark risk and guiding clients through branding decisions to help them avoid costly trademark pitfalls.

This session provides a practical framework for managing evidentiary disputes before and during trial. Attorneys will learn how to strategically use motions in limine, anticipate objections, and respond effectively using key Federal Rules of Evidence. The discussion also addresses courtroom procedure, concise bench memoranda, and maintaining composure and narrative momentum when objections arise.

Break | 2:00pm – 2:10pm

II. Effectively Navigating the Use of Expert Witnesses in The Age of AI Through Proper Identification, Foundation, and Use During Discovery and Trial Practice | 2:10pm – 3:10pm

In this practical, litigation-focused session, attendees will learn how to navigate expert witnesses in an era where AI tools are increasingly used to identify, evaluate, and deploy specialized testimony. The session walks through a defensible, end-to-end approach, from using AI responsibly to vet experts and spot credibility gaps, to properly designating and disclosing experts to avoid exclusion. Participants will get concrete guidance on laying a strong foundation for admissibility, challenging “junk science,” and limiting opinions that stray beyond an expert’s qualifications. The session also covers how to manage the wayward or unscrupulous expert, preserve expert testimony for trial and appeal, and apply targeted deposition and discovery techniques to lock in opinions, expose methodological flaws, and build a clean record.

This session explores how attorneys can effectively manage expert witnesses in an era where AI tools increasingly influence expert identification and analysis. Participants will learn strategies for properly designating experts, laying admissible foundations for testimony, and challenging unreliable or unsupported opinions. This session also covers deposition techniques, discovery strategies, and methods to preserve expert testimony for trial and appeal.

Break | 3:10pm – 3:20pm

III. Forensic Reliability Under Scrutiny: Digital Provenance, Alteration Analysis, and Expert Scope Control | 3:20pm – 3:50pm

As digital evidence becomes increasingly central to litigation, forensic methodology, not argument, determines admissibility and credibility. This 30-minute technical session examines how digital provenance is established, how integrity is verified, and how the forensic scope must be defined and maintained under scrutiny. The presentation addresses documentation standards, metadata interpretation, hashing and validation processes, considerations for alteration and AI-generated content, expert opinion boundaries, and defensible demonstrative practices. Emphasis is placed on methodological transparency and evidentiary reliability rather than advocacy. Attendees will gain a practical understanding of how properly executed digital forensic processes withstand technical and admissibility challenges.

This technical session examines how digital forensic methodology supports the admissibility and credibility of electronic evidence in litigation. Attendees will gain insight into digital provenance, forensic acquisition standards, metadata interpretation, and validation processes used to verify data integrity. The program also addresses the importance of maintaining clear analytical boundaries and presenting forensic findings accurately under evidentiary scrutiny.