Tips and Techniques for the Trial Practitioner

1. LITIGATION TIPS Ricardo G. Cedillo Davis, Cedillo & Mendoza Inc. Marcos G. Ronquillo Godwin Ronquillo PC Victor Vital Greenberg Traurig LLP TEXAS MINORITY COUNSEL PROGRAM

3. Getting There – Developing Your Claims

16. Initial Case Preparation and Strategy

23. Consider Various Media Formats to Maintain the Jury’s Interest Throughout Trial

26. Excerpts From Trial Transcripts Reinforce Key Testimony During Closing Arguments

27. Playboy Never had an Intent to Own Plaintiff’s Business “ So the phrase, if we own it, is not about owning the Mexican edition, but as you can see in the memo [Hef’s February 4, 1997 memo], owning a direct Spanish translation of the U.S. magazine. And indeed, as he says in this memo, and can count the circulation towards our own rate base. Well, that's not how the rate base rules work.” Trial Transcript, April 14, 2010 p. Page 104:1 – 6. EXAMPLE

30. Plaintiffs Understood that Plaintiffs’ Right to Export Could be Withdrawn EXAMPLE Paragraph 1.a.(ii) …Distribution and sale of the Foreign Edition in any country other than Mexico will be subject to Licensor’s … … prior written approval, which may be withdrawn once given , on notice from Licensor from Licensor as follows:

31. FARM AND RANCH CONTRACT PROVIDES FOR BUYER’S RIGHT TO ASSIGNMENT EXAMPLE

33. The “Perry Mason” Moment EXAMPLE

34. Timelines Offer a Reference Point to Put Evidence and Testimony into Context 2006 2005 2004 2003 2007 2002 Plaintiff Decides to Sell the Ranch Feb. 8 – Closing Date for Sale of Ranch $8.1 Million Appraisal of Ranch by BOA 60 day Option

39. Charge of the Court EXAMPLE

40. Charge of the Court EXAMPLE

41. QUESTION NO: 1A PLAINTIFFS’ CLAIMS: BREACH OF CONTRACT Did Playboy Enterprises, Inc. fail to comply with the License Agreement? Answer "Yes" or "No": _________ NO EXAMPLE

42. QUESTION NO: 15 DEFENDANT’S CLAIMS: BREACH OF LICENSE AGREEMENT Did Editorial Caballero S.A. de C.V. and/or Grupo Siete International, Inc. fail to comply with the License Agreement? Answer "Yes" or "No" for each: Editorial Caballero S.A. de C.V. _________ Grupo Siete International, Inc. _________ EXAMPLE YES YES

43. QUESTION NO: 17 DEFENDANT’S CLAIMS: BREACH OF LICENSE AGREEMENT - DAMAGES What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Playboy Enterprises, Inc. for its damages, if any, proximately caused by the failure of Editorial Caballero S.A. de C.V. and/or Grupo Siete International, Inc. to comply with the License Agreement found by you in response to Question No. 15? Answer in dollars and cents for damages if any: $____________________ 460,146.08 EXAMPLE