Mediation is often the last opportunity many trial lawyers have to speak directly to the opposing party prior to trial. How is that time best used? What message should be conveyed? With fewer cases being tried to verdict, mediation has become more important in casting doubt upon your opponent's case while at the same time balancing the economic reality of trial with the potential for resolution on your terms.

Opening statements, introduction of key evidence, cross examination, expert witnesses, closing arguments: the anatomy of a trial. We will explore key components of the trial, seen through the eyes on the eminent legal scholar Vincent LaGuardia Gambini.

The EEOC has spoken and its message is clear! For the next four years, the EEOC will focus its efforts on hiring, pay and harassment. Now more than ever, Companies need to make sure they have the proper training, policies and procedures in place to avoid any unnecessary liability.

To a jury, a corporation comes to court through witnesses. Trial lawyer Nicole Bearce explores issues that arise when current or former employees are involved, either as witnesses or co-defendants, including defense and indemnity, payments to witnesses, coverage under D&O policies, whether they must have separate counsel, and more.

There's more to the profession of law than making money for your employer or law firm. The law is a strong and necessary vehicle to assist the most powerless among us. And the experience gained working outside of one's regular practice broadens and improves the qualifications of those fortunate lawyers who provide that public service.

Factors affecting the range of reasonableness for various stakeholders. Trial lawyer Johnny Johnson reveals best strategies for the evaluation, negotiation and resolution of bet-the-company claims, and explains the impact of MSP obligations and related federal reporting requirements on settlement dynamics.

Closing Argument is the heart of the trial process. Every other aspect of a trial leads inexorably to the Closing Argument, in which both sides bring together their evidence and arguments, and attempt to persuade the jury that a verdict for their client is the only reasonable outcome. Closing argument is the most dramatic and most creative part of a trial, and veteran trial lawyer Hugh Gottschalk will discuss the elements of a winning Closing Argument, illustrated by some of Hollywood’s most memorable Closing Arguments.

Most class actions settle after certification. But for those that don't, jury trials present unique challenges. Trial lawyer Emily Harris discusses strategies for trying a class action to a jury verdict, including post-certification discovery from absent class members, decertification motions, bifurcation, motions in limine, defending against "representative" or "classwide" evidence, and jury instructions.

Tony Lathrop will give us the score from the Yankees’ fight with Evil Enterprises, Inc. over the “Evil Empire” trademark, and a recent case in which he secured a preliminary injunction against the use of his client’s trademark in the name of a competing business.

Think arbitration has lost its luster? You’re not alone. Arbitrator and trial lawyer Scott Marrs discusses arbitration's fall from grace, and what to do to get your mojo back and harness the power of arbitration for your client's benefit.

Effective plaintiff attorneys can pin fire origin and cause on virtually any product, even on computer programming and other intellectual property. Trial lawyer Jon Barton discusses fire origin science, burn pattern analysis and evidence left behind by fires and raises what is often the only defense available after a target product has been consumed.

Plaintiffs are attacking valuable non-economic and punitive damage caps that would otherwise limit your company's liability. Trial lawyer Walter Boone gives you the arguments and authorities you and your defense counsel will need to preserve those hard-fought protections.

Decreasing legal budgets, increasing focus on compliance, and a more litigious environment are expected to continue into 2013. Litigation risk assessment can help you decide where to direct limited resources by providing management with an early concise evaluation of the risks and costs of each litigated matter, an impartial assessment of strengths and weaknesses, significant legal issues, summary of the facts, budget and possible and probable outcomes. Benefits include reductions in the number of litigated matters, legal fees and discovery expenses, and improved decision-making by business units, thereby facilitating customer relations and increased future business.

Your company is sued for patent infringement and your CEO asks, "What's our gameplan? What's our exposure?" "Hum-a-na, hum-a-na" is not what she's looking for. A customer is informed that your company is infringing a competitor's patent. You're going to need trial lawyer Steve Hankins' common sense, not-too-technical guide of what to do when that happens.

The trial lawyer who ignores diversity considerations at trial does so at her peril. Trial lawyer Kevin Clark will demonstrate the importance of diversity in modern-day trials through the use of anecdotes and personal examples. He will explain how diversity should be a fundamental part of trial preparation from the outset of the case through closing argument. Come learn how unleashing the benefits of diversity can be part of a winning trial strategy.

Alternative dispute resolution is a common feature in many commercial and consumer contracts. Sutherland partner Larry Polk will discuss the benefits associated with ADR, as well as drawbacks we need to be aware of such as arbitrator qualification, rules of evidence and procedure, and limited appeal rights. Special attention will be given to the experience of brokerage firms in arbitration, twenty five years after the landmark McMahon decision allowing compulsory arbitration of customer disputes.

Depositions directed to an organization (a Rule 30(b)(6) deposition) afford aggressive plaintiffs opportunities for abuse, prejudice and burden. Overbroad notices and questions of corporate witnesses, including questions about legal and expert theories, are just some of the tricks for which you need to be prepared. Trial lawyer David King will discuss responses to 30(b)(6) notices, objections to “contention discovery,” the duty to designate knowledgeable persons and non-evasively answer questions, and more.

Large losses, high self-insured retentions and primary and excess insurers reserving rights on coverage. What's an insured to do? Taking control of out-of-control situations. Protecting your client while insurers protect their limits.

One of this year's ACC Value ChampIon awards went to Wheeler Trigg O'Donnell and the in-house legal department of Whirlpool Corporation for delivering substantial value to their client company. Trial lawyer Michael Williams will describe how in-house counsel and their outside law firms can partner to improve the efficiency and effectiveness of the legal function while controlling costs mproving legal outcomes. Hear examples of easily replicated practices that work.

By now everyone knows that the April 20, 2010 Deepwater Horizon accident and oil spill in the Gulf of Mexico resulted in significant litigation for the parties that were directly involved with drilling operations. Less publicized, but just as important, has been the litigation impacting the offshore industry. Trial lawyer Forrest Wynn examines the secondary and tertiary litigation created by government and industry, to the spill, as well as new issues arising in offshore litigation. The ripple effect of the Macondo accident will be seen in disputes for years to come, and has revealed new considerations for companies before and during litigation

Unregistered finders are important cogs in efforts to raise capital, but they come with risks when they engage in “broker-dealer” activities. Brian Miller, Chair of the Securities Litigation Practice at Akerman Senterfitt, will outline current regulations and responsibilities, discuss the finder exception from registration, distinguish finders from broker-dealers, trends in enforcement, penalties for using unregistered broker-dealers, and considerations when working with finders.

In direct contrast to the decision of SCOTUS in Morrison v. National Bank of Australia, Sean K. Boyle, a litigation partner at Blakes in Vancouver, B.C., will discuss recent developments in Canada’s securities class action law, including the trend to expand Canada’s securities law’s extra-territorial reach.

Dodd-Frank ushered in new whistleblower provisions for the SEC and CFTC. Stacie Hartman will discuss the serious consequences that can result from the Commissions’ new laws and regulations, as well effective internal compliance programs to counteract Dodd-Frank incentives to report to the Government before giving the company a full opportunity to investigate and deal with problems on its own.

As interest rates soared in the late 1970's, and the price of oil dropped in the early 1980's, troubled borrowers adopted a new strategy: preemptive lender liability suits against banks. Financial institutions responded by adopting practices to limit exposure. Though arbitration clauses limit jury exposure in many cases, a number still make their way to the courthouse. Joe Cohen has represented financial institutions for more than 30 years, and will share winning strategies for defending lender liability cases.

Implemented July 9, 2012, FINRA’s revised Know-Your-Customer and Suitability rules require firms to use reasonable diligence in opening and maintaining every account, and to obtain essential facts concerning every customer. FINRA’s guidance on these rules introduce several new obligations on broker dealers, such as the suitability of investment strategies and hold recommendations, along with new supervisory requirements. Larry Polk, who represents registered reps and broker-dealers in in FINRA arbitrations as well as state and federal courts, will discuss these changes and offer best practices for compliance with the rules.

Documents don't always tell the tale. Trial lawyer Jeff Hines will discuss the difference between discretionary, non-discretionary, and Hybrid accounts and the proposed Uniform Professional Standard.

Secondary participants in securities transactions such as CPAs, accountants, appraisers and other professionals, although not considered "sellers" or primary violators, nonetheless have been joined in securities lawsuits as aiders and abettors. SCOTUS appeared to have abolished that practice in Central Bank of Denver (1994), but the Circuits have split on “scheme liability”. Judy Burnthorn will discuss the current state of the law, and the potential for securities liability on the part of such secondary players.

The permissible scope of class actions has been substantially narrowed. In-house counsel should be incorporating class-waiver arbitration provisions which are now presumptively valid (Concepcion). Classes defined by extrapolation and data models have been dealt a death-blow rendering them vulnerable to Daubert challenges (Walmart). Efforts to pursue state court class actions will increase because failure in federal court will not bar re-litigation in state court (Bayer).

Case strategy and pleadings; jurisdiction anddiscovery; and case resolution from the perspective of the defendant (e.g.,securities issuer, fund manager, life insurance company) and the broker-dealer/FINRA respondent in arbitration. Tools for responding parties to likelihood of a successful resolution despite the complications involved in parallel forum litigation. With David King (Bass Berry & Sims; Nashville, TN) and Scott Garley (Gibbons; New York, NY).

Trial lawyer Jim McLaughlin provides an analysis of the recent, post-financial-crisis case law and whether those cases change the consensus guidance on public disclosure of SEC investigations.

Do the regulators have a “home court” advantage? Brian Rubin, formerly Deputy Chief Counsel of Enforcement at NASD and Senior Enforcement Counsel with the SEC, will provide an overview of the regulatory litigation process as well as results from the recently released Annual Sutherland SEC/FINRA Litigation Study. Discussion will reveal how often judges award the monetary sanctions and suspensions demanded by the prosecutors, and how likely it is that charges will be dismissed and a settlement discount given.

Effective May 16, 2011, FINRA substantially amended the Discovery Guide (and related sections of the Customer Code) in customer arbitration proceedings, purportedly to make the process simpler and smoother. One year after implementation, critics of the revised Discovery Guide abound on both sides of the bar. This discussion will focus on key changes, issues in the first year of implementation, impact of the Discovery Task Force on future amendments, and whether the stated goals of the revision have been met..

Most companies and other savvy investors assume that their sophistication is a bar to recovery after an investment or deal goes bad. But even ultra-sophisticated investors can make FINRA and other arbitration a very profitable investment. Learn how.

Whether we proceed to trial or settle, it's vitally important to arrive at as accurate an assessment of the case as early as possible. The importance today of electronic evidence, particularly e-mail, further complicates this process. Trial lawyer Joe Ortego discusses his experiences with different methods and tools for early case assessment and offer his advice on how to better evaluate your cases and how to do it sooner.

Employees and executives changing jobs can put their companies on one side or the other of non-compete and trade secret disputes and suits. Trial lawyer Steve Fogg has litigated these cases from both sides of the fence. He shares strategic insights to achieve your goals, whether as plaintiff or defendant.

Affecting nearly every diversity case filed in or removed to federal court, the new Federal Court Jurisdiction and Venue Clarification Act of 2011 requires all federal practice litigators to reconsider longstanding litigation strategies. Removal of multiple defendant suits, venue, the rule of unanimity, supplemental jurisdiction of unrelated state claims, residency and how the amount in controversy is determined are all affected. Litigation managers must know these important changes.

It has been one and a half years since the changes to the Federal Rules of Civil Procedure governing expert discovery became effective. How have courts construed these changes? Have recent Daubert/Frye decisions changed the landscape? How has the explosion of technology impacted how counsel need to work with their experts and tackle opponents’ experts? Trial lawyer Jessie Zeigler will explore the latest developments and the best practices for working with experts in 2012.

Build a bridge, a building, even a shed without a blueprint? No chance. Clients need to know in advance the beginning and end points of matters as well as the benchmarks along the way. Veteran trial attorney Lew Wiener will discuss the essentials of LPM: partnering with clients, scoping, transparency, identifying mission critical tasks and having the right team in place, all designed to provide clients with efficient, cost effective, value added legal services. "Fees for Services Rendered"? Not anymore.

The stakes continue to grow in the battle over who may and may not be properly classified as an "employee." With the Obama Administration, Congress, and regulators jumping into the fray -- and plaintiffs' lawyers not far behind -- companies must develop effective strategies for minimizing the risk of misclassification. What are the latest proposals on the legislative front? What are administrative agencies doing to bypass Congressional gridlock? Where are plaintiffs' lawyers gaining traction in class action lawsuits? Labor & employment litigator Will Carroll will get you up to speed on each of these fronts, and discuss practical solutions to dealing with the classification quandary.

Think arbitration has lost its luster? You’re not alone. Arbitrator and trial lawyer Scott Marrs discusses why arbitration has lost respect, and how you can get your mojo back to harness the power of arbitration to obtain a successful award.

The traditional financial relationship between clients and their attorneys based on the hourly rate may have seen its better days. Innovations in legal fee arrangements have changed the competitive landscape for legal services and this is just the beginning. In-house counsel should challenge their legal services providers to rethink how they are charging for their services.

Trial lawyer Greg Marshall will give in-house counsel his perspective on where to go, with whom to speak, and what to do to learn about the product that you will be defending. An intimate knowledge and understanding of your product's engineering, design and manufacture is essential to a good defense, as Greg's defense of a wrongful death case involving a Russian made MiG 21 fighter jet will attest.

Trial lawyer Walter Boone will present a nationwide survey of the recent attempts by the plaintiffs' bar to attack these statutes as unconstitutional under various state constitutional provisions. This is a must see presentation for those managing litigation on a nationwide basis.

It relates to attorneys’ responsibilities to ensure client compliance with litigation holds, etc., and sanctions that can be issued against counsel for e-discovery violations.

As more and more attorneys represent insureds, and sometimes multiple insureds, conflicts can sometime arise. Additionally, the ethical duties of attorneys to their clients sometimes closely parallel duties of insurers to their insureds. Join us for a discussion and application of Model Rules 1.1, 1.2(c), 1.3, 1.4(a)(3), 1.4(b), 1.7(a)(1), 1.9(a), 1.16(b)(1) and 1.16(d) in the context of an evolving case that went to the United States Fifth Circuit Court of Appeals on multiple occasions and that eventually included malpractice and bad faith allegations.

Settlement negotiations put demands on attorneys to put their clients' cases in the best light. Puffery and misrepresentation are often separated by only a thin line. It's easy to violate ethical proscriptions when communicating with others involved, including opposing parties, opposing counsel, a mediator and your own client. And there are limits on what you can and what you cannot ask for. Trial lawyer Carolyn Fairless gives us some easy-to-follow guidelines and interesting practical examples.

When do in house and retained counsel trade a bar number for prison bars? Trial lawyer Marshall Grossman will discuss the ethical pitfalls in every day decisions which can ensure or end your career.

Recently, the number of motions by parties to disqualify the trial counsel of the adverse party seem to be significantly increasing, both in terms of decisions reported and trial lawyer experience. There are many ethics issues associated with the grounds advanced in support of these motions, mostly centered on theories of conflict of interest or breach of duty of loyalty. But are the concerns which are generally expressed by the moving parties in these motions, truly based upon ethics issues, or are these motions strictly a tactic aimed at obtaining unfair advantage. Trial court judges struggle with this dichotomy on a case-by-case basis.

As U.S. companies expand their global footprints, conduct in other countries can lead to litigation here. Manufacturing processes and incidents occurring in foreign countries, violations of foreign standards and documents generated by overseas affiliates can become fodder for, if not the centerpiece of, claims brought in the United States. Trial lawyer Joe Krasovec presents strategies and tactics to increase the likelihood that what happens overseas stays there.

In an era of over-criminalization, in-house counsel cannot ignore the possibility of criminal investigation and prosecution of their corporate clients. Fundamental lessons from criminal trials are often ignored by in-house counsel. Sometimes, thinking like a criminal defense lawyer can help you to win your civil case. Trial lawyer Jack Sharman provides insights into criminal courtroom tools that can be used in the defense of your civil problem.

eDiscovery includes text messages and instant messages that relate to work but often are not retained pursuant to a company's document retention policies. Some courts addressing this growing component of communications have ordered preservation and production. Trial lawyer Catherine Ahlin will give us pointers on handling this new body of messages that a company in litigation may be required to preserve and produce.

The Supreme Court recently upheld a contract provision that prohibited class arbitration, reversing lower court rulings. The court held that class arbitration greatly increases the risks to defendants that errors will go uncorrected. This presentation will provide practical, timely information for in-house counsel regarding class action waivers in contractual arbitration provisions.

Trial lawyer Greg Marshall will give in-house counsel his perspective on where to go, with whom to speak, and what to do to learn about the product that you will be defending. An intimate knowledge and understanding of your product's engineering, design and manufacture is essential to a good defense, as Greg's defense of a wrongful death case involving a Russian made MiG 21 fighter jet will attest.

Trial lawyer Steve Imbriglia shows how trial lawyers are attempting to circumvent a recent Supreme Court decision pre-empting claims against manufacturers of generic drugs and describes the impact of those efforts on product litigation generally. Brand name manufacturers are being targeted for liability resulting from plaintiffs' use of generic products.

Trial lawyer Josh Fleming will discuss the balance between the protection and the discovery of in-house expert work product, including drafts of reports. Amendments to Rule 26 simultaneously expand and focus the scope of discovery of witness work product while creating procedural traps for the unwary.

Build a bridge, a building, even a shed without a blueprint? No chance. Clients need to know in advance the beginning and end points of matters as well as the benchmarks along the way. Veteran trial attorney Lew Wiener will discuss the essentials of LPM: partnering with clients, scoping, transparency, identifying mission critical tasks and having the right team in place, all designed to provide clients with efficient, cost effective, value added legal services. "Fees for Services Rendered" Not anymore.

Cross-examination is the heart of the adversary process. Every other part of a trial involves self-serving and biased presentations of a party’s case and arguments. Cross-examination is the adversary system’s method for getting at truth, and it is the only part of a trial that involves direct, human conflict. Trial lawyer Hugh Gottschalk discusses the elements of effective cross-examination, illustrated by some of Hollywood’s most memorable courtroom scenes.

Want limited appellate recourse, an uneven playing field, questionable objectivity, lack of transparency, increased costs? Well then, arbitration is for you. Trial lawyer John Worden examines the concessions that corporate litigants make in selecting arbitration over jury trials, including the virtual absence of appellate rights, no opportunities for dispositive motions, routine flaunting of evidentiary rules, and other downsides that increasingly counsel against mandatory arbitration.

Ethical considerations in protecting privileged pre-merger/acquisition communications from disclosure to the new owner; ramifications of a stock sale vs. an asset sale. -- and -- Ethical pitfalls and avoiding individual liability under SarBox, 10b(5), RIF employment litigation, unauthorized practice of law charges and conflict of interest claims. Trial lawyer David Spector addresses pre- and post-closing ethical and privilege considerations in mergers and acquisitions, and avoiding ethical errors while managing litigation.

Settlement negotiations put demands on attorneys to put their clients' cases in the best light. Puffery and misrepresentation are often separated by only a thin line. It's easy to violate ethical proscriptions when communicating with others involved, including opposing parties, opposing counsel, a mediator and your own client. And there are limits on what you can and what you cannot ask for. Trial lawyer Carolyn Fairless gives us some easy-to-follow guidelines and interesting practical examples.

Trial lawyer Jerry Glas will discuss ethical considerations when investigating (through facebook, myspace, blogs, twitter, etc.) opposing parties and witnesses, as well as jurors during and after jury selection. There's a gold mine of information online waiting to be found, and lawyers who don't pick it clean could be toying with malpractice. Things you can't ask during voir dire may be openly stated in personal profiles but "friending" jurors and judges is probably not a good idea. And, jurors search the Internet. What your trial lawyer ought to be asking and finding herself.

Employees and executives changing jobs can put their companies on one side or the other of non-compete and trade secret disputes and suits. Trial lawyer Steve Fogg has litigated these cases from both sides of the fence. He shares strategic insights to achieve your goals, whether as plaintiff or defendant.

State law imposes strict liability in certain workplace accident matters. Product manufacturers are often barred from contributory negligence and assumption-of-the-risk-defenses. Trial lawyer Sam Santo discusses ways to get that information to a jury anyway.

As U.S. companies expand their global footprints, conduct in other countries can lead to litigation here. Manufacturing processes and incidents occurring in foreign countries, violations of foreign standards and documents generated by overseas affiliates can become fodder for, if not the centerpiece of, claims brought in the United States. Trial lawyer Joe Krasovec presents strategies and tactics to increase the likelihood that what happens overseas stays there.

Cross-examination is the heart of the adversary process. Every other part of a trial involves self-serving and biased presentations of a party’s case and arguments. Cross-examination is the adversary system’s method for getting at truth, and it is the only part of a trial that involves direct, human conflict. Trial lawyer Hugh Gottschalk discusses the elements of effective cross-examination, illustrated by some of Hollywood’s most memorable courtroom scenes.

Jurors are instructed to consider only the evidence presented at trial and not to read newspaper articles or watch television coverage of their case. Nevertheless, jurors search the Internet and thereby provide trial lawyers and judges with a whole new set of issues to consider. "Google mistrials" may be a part of every trial lawyers' vernacular. Trial lawyer Warren Platt discusses this intriguing, disturbing development.

The permissible scope of class actions has been substantially narrowed. In-house counsel should be incorporating class-waiver arbitration provisions which are now presumptively valid (Concepcion). Classes defined by extrapolation and data models have been dealt a death blow rendering them vulnerable to Daubert challenges (Walmart). Efforts to pursue state court class actions will increase because failure in federal court will not bar re-litigation in state court (Bayer).

Factors to consider when deciding whether to appeal an adverse decision, and strategies to increase your chances of success when you are in the appellate courts.

Affecting nearly every diversity case filed in or removed to federal court, the new Federal Court Jurisdiction and Venue Clarification Act of 2011 requires all federal practice litigators to reconsider longstanding litigation strategies. Removal of multiple defendant suits, venue, the rule of unanimity, supplemental jurisdiction of unrelated state claims, residency and how the amount in controversy is determined are all affected. Litigation managers must know these important changes.

Trial lawyer Cooper Ashley completed a 2-week federal jury trial recovering more than $1M as a result of damage to product caused by an outside vendor. Consider how you would manage the investigation, testing, recall, customer communications and trial of a product failure case.

Federal corporate criminal investigations will get an election year boost. Former USDOJ AAG Nathan Hochman discusses recent law enforcement trends targeting corporations, including FCPA, healthcare, tax, securities and banking violations. He will highlight best practices to prepare for such investigations, address them when they occur, and emerge victorious when they conclude.

Your company's HR personnel are on the front lines with problem employees prior to litigation. Trial lawyer Danya Blair provides practical insights and tips for in-house counsel to get involved early with HR to investigate, discipline and terminate problem employees as your best weapon in avoiding costly employment claims.

With 1.7 million traumatic brain injuries ("TBI") annually in the U.S. and another 200,000 or so in Canada, plaintiffs are now blaming TBI for lack of restraint, disregard for social conventions, impulsivity and poor risk assessment. Plaintiff counsel are now linking hypersexuality, hyperphagia and aggressive outbursts to prior TBI's. Claims for medical monitoring and 24-hour care are proliferating. Trial lawyer Jerry Glas will describe the phenomenon and educate in-house counsel about what to look for, where to find it, and how to explain accountability.

Avoid becoming the next Dunder Mifflin as trial lawyer Nikki Nesbitt reviews employment case law developments and litigation trends. Appellate courts appear to be working overtime issuing opinions affecting the workplace. Nikki will fill us in on recent decisions and best practices.

Balancing an in-house lawyer’s employment rights and duties with his/her ethical and fiduciary obligations of confidentiality. Trial Lawyer Joe Ortego discusses the few decisions in this growing minefield of problems for in-house counsel and their corporate clients.

Companies in all industries are facing increased investigation activity and criminal prosecution in areas ranging from health care fraud to public and private corruption, false claims act cases oftentimes initiated by whistleblower complaints, and money laundering. Increased enforcement scrutiny and a much tighter operating environment intolerant of corporate wrongdoing present continuing problems for in-house counsel. Compliance policies and practices, as well as self-policing can take the sting out and lessen liability. Trial lawyer Jacqui Arango shares best practices for operating in this increasingly anti-business environment and handling federal agents and prosecutors bent on attacking your company.

Mediation is often the last opportunity many trial lawyers have to speak directly to the opposing party prior to trial. How is that time best used? What message should be conveyed? With fewer cases being tried to verdict, mediation has become more important in casting doubt upon your opponent's case while at the same time balancing the economic reality of trial with the potential for resolution on your terms.

Want limited appellate recourse, an uneven playing field, questionable objectivity, lack of transparency, increased costs? Well then, arbitration is for you. Trial lawyer John Worden examines the concessions that corporate litigants make in selecting arbitration over jury trials, including the virtual absence of appellate rights, no opportunities for dispositive motions, routine flaunting of evidentiary rules, and other downsides that increasingly counsel against mandatory arbitration.

Since Daubert, expert witness work is not a free ride. Learn techniques built on decades of experience destroying opposing experts and delivering friendly experts unscathed after cross-examination.

Trial lawyer David King brings new thinking to the old idea that lawsuits must follow a pre-set path. He presents methods that streamlined and successfully resolved scores of cases arising out of common facts, while eliminating duplicative legal presentations and witness testimony, minimizing legal fees and settlement costs, and managing attendant public relations fall-out.

Always funny, often entertaining, trial lawyer Steve Mooney puts humor aside (for a moment) to present some of the best, and worst trial strategies and victories. Funny is an understatement.

Wisconsin, Indiana, Ohio….the list goes on. The AFL-CIO and the big
industrial unions have jumped in, and that raises red flags for the
private sector. Organizing, bargaining, and NLRB litigation now present
new challenges for you.

Unintentional, even superficial use of copyrighted material can land your company in the grease. Ads, webpages, promotional materials, proposals and other company-generated publications are fertile ground for violations as well as declaratory, injunction, enforcement and damage actions. Everything from an Internet site to a song "hook" is fair game.

Companies face increasing scrutiny from regulators, prosecutors and shareholders. Headlines peal out one allegation of corporate wrongdoing after another. Investigations are demanded. Basic but critical questions regarding internal investigations - how to know when an investigation is necessary; who should conduct them; and how should they do it? Is separate counsel is necessary for employees, officers and directors? Should a written report be prepared? Protecting attorney client and other privileges.

Competition for top-level executive talent and their specialized knowledge and information has never been greater. Competitive zeal often crosses the line. Overzealous raiding of competitor's top-level talent poses great risk for companies trying to buy a competitive edge. Companies victimized by raids have options, even when their defecting executives are not bound by traditional non-compete agreements. The line between legitimate and unfair competition can get blurry. Hear some helpful guidance for corporate counsel on both sides of the issue.

Civil conspiracy claims are on the rise in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Trade association membership is fueling claims of enterprise liability, conspiracy, concert of action, collusion, fraud, deceptive trade practices and false advertising. Late-joining "conspirators", lack of intentional acts, observers vs. participants, intra-corporate civil conspiracy and the plurality requirement factor into defense strategies. Defense weapons include demands for bills of particulars, motions to dismiss, motions for summary judgment, motions in limine, interrogatories, causal nexus, and a company story separate from the industry story.

Well-rounded defense programs coordinate insurance coverages, data management, national and local counsel roles, legislative efforts, public and press relations re great results and set-backs, national defense groups, and case management orders, among other things. Planning "evergreen" defense programs for suitability in every jurisdiction for all time and especially beyond the lifetimes of employees and other witnesses, coordinating defense strategies with similarly situated defendants, grooming and controlling defense experts, establishing national defense groups with other manufacturers in all jurisdictions, including related products.

Important roles for in-house counsel partnering with trial counsel to prepare company witnesses to testify. Explaining the scope of examination, dealing with credibility issues, admissions, compromising documents. Locking your client into his/her story, protecting against impeachment, finding goblins in your witness' past, and the makings of a good corporate representative. Explaining the format of the testimony, applicable privileges, the importance of objections, responding to questions, and explaining that the lawyer represents the company. Practice run-throughs, pre-dispute document management and retention, litigation holds, ethical considerations, and more.

International commercial lawyer and litigator Luis Perez explains the FCPA, its anti-bribery fines and penalties provisions, discusses DOJ and SEC enforcement trends and addresses some of the ethical considerations facing management and counsel after discovering that a violation has taken place.

Personal use of corporate IT resources has become commonplace and, in some instances, essential for busy employees. If the company has an IT monitoring policy, however, that policy could prevent any privilege from attaching to personal communications from company employees to third parties (attorneys, spouses) that pass through the company's server. Counsel should be aware of the effect these corporate IT policies have (or could have) on evidentiary privileges and, therefore, the scope of discoverable information in various litigation settings.

AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences, especially when two or more firms are assigned aspects of the same litigation and their fees are constrained by AFA's. Issues include ABA Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms. Trial lawyer Jean Bertrand will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.

Remembering the "Publico" Aspect of a Lawyer's Obligation to Provide Pro Bono Service -- Trial lawyer Beau Cole explores the background, benefits and ethical underpinnings, of Pro Bono Publico service for in-house and outside counsel; the need for increased public service by the bar in the face of declines in funding for pro bono publico services; the un-met needs of our underprivileged, and benefits to corporate clients from pro bono publico service by its in-house and outside counsel.

Uh oh, where did the opposition get that information about our company? Which misinformed insider has been talking about us on the Internet and creating misinformation that we now need to set straight? In-house counsel need to promulgate policies and spread the word in the workplace about the use of social media by company employees, vendors and professionals to protect the company from unnecessary brush fires that could burn out of control. Ethical limitations on lawyers direct or indirect communication with jurors and parties in litigation, through LinkedIn and Facebook groups, "friending," "liking," posting, etc.

SCOTUS will soon decide if state law failure-to-warn claims against generic drug manufacturers are preempted. Meanwhile, plaintiffs are arguing that pharmaceutical companies should be responsible for inadequacies in the warnings on products sold by generics. Can your company be responsible for the labeling on another company's product? Sound impossible? Trial lawyer Steve Imbriglia will discuss the issue before the Supreme Court, its implications and attempts to expand failure-to-warn liability.

When your company's most knowledgeable witness is a former employee where is the line on compensation, and what can you safely pay for? Trial lawyer Tianna Hill Raby addresses ethical and legal considerations and risks associated with paying such witnesses for time and expenses preparing and testifying. Q: Are you being paid for your testimony here? A: No. I am being paid for my time.

In-house counsel see case management options from a unique perspective -- from within the corporate client. They are at the cross-roads of corporate decision-making, constantly balancing risk appetite with company fiscal pressures. Panelists address situations causing them to keep thinking long after they leave the office for home.

Trial Lawyer Bruce Friedman addresses in-house counsel's role in the selection, grooming, management and control of testifying and consulting experts, as well as must-do techniques to preserve privileges during and after consulting with those experts.

Veteran trial lawyer Billy Gunn reveals a few of his secrets to trial success, including how he uses jury research, shadow juries and focus groups to measure the effectiveness at trial of his and his opponent's experts, tap into themes that resonate with the selected jury and produce exceptional results for his clients.

AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences, especially when two or more firms are assigned aspects of the same litigation and their fees are constrained by AFA's. Issues include Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms. The panel will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.

The new Consumer Product Safety Information Database will allow for the submittal of "reports of harm" about products believed to be unsafe or hazardous. Information will be public and searchable. Abuse by advocacy groups and plaintiff lawyers is expected. Trial lawyer Robert Thornburg will provide some insights about what companies can and should do.

Often, opportunities present themselves to gain a significant advantage in litigation -- if the lawyer knows the rules and can act quickly to seize the opportunity. Trial lawyer Chandler Bailey will discuss examples of situations where quick and knowledgeable actions can help you get a leg up in the litigation. "If you're going to play the game properly you'd better know every rule." Barbara Jordan (U.S. Representative).

Trial lawyer Bill Cronin will discuss the rights of whistleblowers under Federal law and strategies for dealing with whistleblowers at the work site and in a lawsuit after a charge has been blown.

Crisis management is a necessary competency for all in-house lawyers. Managing successfully in real time through assaults on your corporate brand is mission-critical activity. Increasingly, those assaults come by less than ethical means. Responding in kind is usually not an option. This panel will explore ethical business practices necessary in crisis management.

In-house and outside counsel discuss law departments' and law firms' responses to the changing legal marketplace, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts.

Trial lawyer Jeff Parsons discusses the critical importance of effective storytelling in winning the hearts and minds of a jury.  Topics include the elements of an effective story, the identification and use of themes, testing your story through jury science, and strengthening your story through effective demonstrative evidence.  See how effective storytelling can turn complex cases into simple disputes and hard-to-win cases into victories.

Elections have consequences, and the November 2 national elections in the U.S. could impact employers in many important ways. The status quo may remain largely in place, or we could see significant changes. In-house counsel will want to be prepared to advise their corporate clients as to the changing legal and political landscape. John Entenman will offer a to-do roadmap for employers to consider.

In-house counsel are facing unprecedented legal risks posed by increased regulation and changing legislation. Trial lawyer Scott O'Connell will provide practical tips to in-house counsel to position themselves appropriately while dealing with ethical, reputational and compliance issues.

Increased licensing requirements specifically addressing in-house counsel are causing the attorney-client privilege and work product doctrine to come under review. Trial lawyer Jim Miller will examine the basis for the privilege and doctrine for in-house lawyers, survey challenges and suggest best practices to afford protection to attorney-client communications and work product.

Do's and don'ts in performing the General Counsel's role; protecting confidentiality, work product, and common interests; use of joint defense agreements; risks of cover ups, the crime-fraud exception and obstructions of justice; the Upjohn template; disclosures in, up and out under Model Rule 1.13 and Sarbanes-Oxley; and the effective use of Audit Committees and QLCCs.

A potpourri of sticky situations facing in-house counsel and what to do about them. Lessons learned from the options backdating debacles, to former in-house counsel turned whistleblower and discovery sanctions.

Even heavily experienced litigation managers pay particular attention to catastrophic losses. Cases that can draw attention to the company and to in-house counsel, and affect stock price, and company sales and reputation, always merit extra focus. Early detection and valuation are critical, and a team approach is often required. Recognizing who is on that team, and what their interests are will go a long way to achieving a successful result.

In-house counsel should not be caught flat-footed when the government commences a criminal investigation into a company's business. An effective response can help achieve a favorable result for the client and its officers, directors and employees, as well as for the in-house lawyer. Hear about examples from real-world corporate criminal investigations.

Zubulake Revisited: Six Years Later -- Described as an ugly picture of the consequences of failure to comply with discovery obligations, explore Pension Committee, etc., the latest blockbuster decision in e-Discovery and what it means for in-house counsel and their trial lawyers. And now, Rimkus v. Cammarata, a view from outside the SDNY.

Where is the boundary when an in-house lawyer or trial lawyer's comments about the judiciary move from speech protected by the First Amendment to sanctionable conduct subject to fines, bar complaints, or jail time?

What's ahead? More of the same or none of the same? Here's how trial lawyers see the future and how they're adapting to cope with it.

Putting all your eggs in one basket is usually not a good idea. Can it be different for all of your litigation of a given kind? Pros and cons of MDL consolidation, potential advantages and possible pitfalls.

Following a catastrophic event, the feds are heading your way. They are not coming to help you. The government's agenda may be different from yours, and its findings of fact can be admissible in evidence. Suggested proactive approaches to reduce collateral damage from the investigation and lessen the likelihood of becoming a target. And, when the worst happens, how to keep the government's report away from the jury.

Complying with U.S. discovery requirements in domestic litigation and also in the face of limitations imposed by foreign jurisdictions can be challenging and dangerous, but it is an inescapable part of a company's litigation reality. This panel of experts will discuss processes and policies to help clients successfully navigate those treacherous waters and ensure successful outcomes in sanctionable discovery disputes.

Company operations will be significantly disrupted by prosecutors around the world who are actively enforcing international trade laws (anti-corruption, export control, etc.) and using "sting operations" to snare violators. In-house counsel whose companies do business abroad must put in place an international trade law compliance program before an employee phones from the lock-up facing criminal and civil process. Learn how to avoid international trade law enforcement stings.