Litigation Management SuperCourse 2004:
Gunfight at the O.K. Doral




October 21 - 24, 2004


The Doral Golf Resort & Spa
A Marriott Resort
Miami, FL

Surrounded by green fairways and shimmering water, Doral® Golf Resort and Spa
is an oasis of luxury in the South Florida sun.
Guest rooms and suites are situated in intimate lodges
near the main clubhouse, and reflect the colors,
beauty, and ambiance of South Florida's natural landscape.

With 40 years of tradition, Doral Golf Resort and Spa
offers you championship golf, spectacular cuisine,
luxurious accommodations, a superb tropical climate,
and a dedicated professional staff.





Jump to Our Online Registration Form

THURSDAY, OCTOBER 21, 2004
-- AGENDA UNDER DEVELOPMENT --
Thu -- 7:00p
Welcome! Opening Reception and Dinner by the Spa Pool
Thu -- 10:00p
Hospitality Suite at Bungalou's Bar & Grill
Cigars, Wine, Munchies and Lots of Talk
FRIDAY, OCTOBER 22, 2004
-- AGENDA UNDER DEVELOPMENT --
Fri -- 7:30a
Continental Breakfast
Fri -- 8:30a
OPENING REMARKS

Tracy Van Steenburgh -- 2004 Chair
Halleland, Lewis, Nilan, Sipkins & Johnson
Minneapolis, MN
Fri -- 8:35a
Welcome From Seminar Chair

Joseph Ortego -- 2004 Seminar Chair
Nixon Peabody
New York, NY
Fri -- 8:40a

Joe
Ortego


Nixon Peabody

New York, NY




Sawnie
McEntire

Beirne, Maynard & Parsons

Houston, TX


HAS ARBITRATION LOST ITS WAY?
A Practitioner's Perspective on Dispute Resolution Vehicle Choices
Swiftness and cost-effectiveness in arbitration may no longer be a match for the expedited procedures and remedies available in the dedicated commercial parts of the state and federal courts.

Just, Speedy and cost-effective resolutions are once again the province of the courts. Here's why you need to think twice before turning your back on the courts by selecting arbitration to resolve your disputes.

with commentary by
Stewart Thomson
Fluor Daniel
with commentary by
Andy Upton
Citigroup Global Markets

ARBITRATION'S BASIC INFIRMITIES AND STRENGTHS
Disparate Rulings Affecting Third-Party Discovery in Arbitration

Discovery in arbitration -- making sure you get it or avoid it. Drafting solutions to insure discovery in complex arbitration, and their limitations. Alternative ways to get third-party discovery. Representative state court proclivities and a collection of valuable practice pointers for in-house counsel. Real-life stories. What to watch for.
Fri -- 9:30a

Kelly
Corr

Corr Cronin

Seattle, WA
NIPPING CLASS ACTIONS IN THE BUD
Class action litigation costs corporate America billions of dollars each year. Once a class is certified, plaintiff lawyers often have the upper hand in demanding large settlements under threat of enormous financial risk. Explore defense strategies that prevent or terminate certification. Alternative approaches to disposing of class actions, including summary judgment! Kelly Corr discusses high profile cases and playing-field leveling techniques. Kelly's tactical displays in high profile cases are textbook stuff. See recent accounts by People and E!Online magazines.
Fri -- 9:50a

Marshall
Grossman

Alschuler, Grossman, Stein & Kahan

Los Angeles, CA
EFFECTIVE WITNESS PREPARATION AND DEMOLITION
Preparing yours, demolishing theirs. Background investigations, impeachment, document preservation and destruction, in limine motions, demonstrative evidence, Daubert challenges, and everything else your trial lawyer can do to win.
Fri -- 10:10a

Steve
Kravit

Kravit, Hovel, Krawczyk & Leverson

Milwaukee, WI
FEDERAL SENTENCING GUIDELINES HEAVYWEIGHT CHAMPIONSHIP
In this corner, Attorney General Ashcroft eliminates charge bargaining, and a new law (the Feeney Amendment) closes downward departure "loopholes" while keeping tabs on federal judges who downwardly depart from the rules. And in the blue trunks, the federal judiciary, led by the Judicial Conference of the United States, declares that congressional restrictions on judicial discretion in sentencing were passed without consultation and should be repealed. The Supreme Court has weighed in and invalidated sentencing enhancements that are not found by a jury. We will discuss the whole mess. Advice for counsels general; protective action to take now no matter who wins.
Fri -- 10:30a
Coffee and Refreshment Break
Fri -- 11:00a

Jill
Wheaton

Dykema
Ann Arbor, MI
APPEALS: IF AT FIRST YOU DON'T SUCCEED . . .
How to realistically assess and improve your chances of success on appeal, including factors that influence the grant of discretionary review, issue preservation, reversal trends, and tips from the bench on effective brief writing and oral argument.
Fri -- 11:20a

Tom Zych

Thompson Hine
Cleveland, OH
CONFRONTING ELECTRONIC DISCOVERY
Electronic discovery basics, finding and producing all those pesky electrons everywhere they go. Collecting, processing, reviewing, hosting and producing electronic data. Best practices for electronic document retention and production. Case law and proposed federal rule changes.

How the FRCP currently addresses the issue and why it's different from paper documents. Benefits of early attention to e-discovery. Inadvertent disclosure of e-discovery and the new rules.

E-mail deletion and how the new rules would address it. Routine deletions and the potential for a controversial safe harbor created thereby.

Reasonableness and "hard-to-access" data. Undeleting deleted email. Blogs as evidence. Problems caused by digital copiers. Metadata.

Discussion of Zubulake v. UBS Warburg LLC, No. CIV.02C1243, 2004 WL 1620866 (S.D. N.Y. July 20, 2004), and progeny addressing the burden of producing electronic records.
Fri -- 11:40a

BREAK-OUT SESSIONS
A

LITIGATION MANAGEMENT

Moderated by:
Name
(Firm)

with discussion by:
Deirdre Beckett

(LVMH Moet Hennessey Louis Vuitton)

John Getsinger
(Medtronic)

Catherine Powell
(St. Paul Travelers)

 

B

LITIGATION MANAGEMENT

Moderated by:
Bruce Friedman
(Alschuler, Grossman, Stein & Kahan)

 

with discussion by:
Maureen Middleton

(Primerica Financial Services)

Jeanne Gode
(Pentair)

Paul Yestrumskas
(Playtex)

 

C

LITIGATION MANAGEMENT

Moderated by:
Mark Miller
(Wildman, Harrold, Allen & Dixon)

 

with discussion by:
Cathy Graf

(Orbitz)

Joseph Sciarrotta
(Allied Waste)

Lutz Selle
(Hess Maschinenfabrik)

 

D

LITIGATION MANAGEMENT

Moderated by:
Name

(Firm)

 

with discussion by:
Daniel Burke
(Brookstone)

Andrew O'Hara
(Wachovia)

Lance Henrickson
(Gehl Company)

Andrew O'Hara
(Wachovia)

 

E

EMPLOYMENT LAW

Moderated by:
David Nagle
(LeClairRyan)

with discussion by:
Sharon Booker-Brown

(International Truck and Engine Co.)

Ted LeClerq
(Deutsch, Kerrigan & Stiles)

Wendy Boyden
(Lexington Insurance Co.)

Andrew O'Hara
(Wachovia)

Fri -- 1:00p

R
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Golf Tournament at the Blue Monster
A nationally televised PGA tournament every year, golfers will find no more challenging or spectacular golf course anywhere than the famous Blue Monster. Virtually every great name in golf has had a moment of glorious personal triumph on this world class track. At 7,125 yards from the tournament tees, and with an abundance of formidable bunkers, length and finesse are needed to score here. Ranked by Golf Magazine as one of America's Best Resorts, the magazine also identifies the 18th hole on the Blue Monster as being one of the TOP 100 Holes in the World.
The Doral Spa
The European inspired Spa at Doral combines old-world charm with a thoroughly modern selection of services (including more than 100 different luxurious spa treatments, a registered dietician/ nutritionist and state-of-the-art exercise center). Recognized as one of the world’s best by Conde Nast Traveler's Gold List, we invite you discover for yourself a truly unforgettable retreat.
Tennis
The Arthur Ashe Tennis Center features 11 tennis courts in a beautiful tropical setting, 7 of these courts are clay and 4 are deco-turf hard courts. The Doral's full service pro-shop offers the latest in fashions for men and women, including top of the line Nike shoes and state of the art tennis racquets, with 24 hour re-stringing available.
Fri -- 6:30p
Busses Board

Fri -- 7:00p

Dinner at
Casa Casuarina


Built in 1930, Casa Casuarina pays homage to the oldest existing house in the Western Hemisphere -- the "Alcazar de Colon", home to Christopher Columbus' son. The Casa is a celepbration of architectural and artistic styles; From the outside, the home gives the appearance of a regal Spanish-style palace. "Kneeling Aphrodite", a bronze masterpiece, bows before the majestic fifteen-foot entrance doors and leads into an open-aired courtyard enclosed by stately balconies.



Purchased in 1992 by reknowned designer Gianni Versace, the home went through a meticulous restoration. The south wing, with it's magnificent pool and garden, is a striking example of Versace's genius with both color and design. Today, the house remains a tribute to Mr. Versace's brilliance. From the richly-decorated walls and magnificently-crafted floors and ceilings to the orchid-filled gardens, Casa Casuarina continues to be a finely-worked jewel now to be enjoyed by the guests of the Network of Trial Law Firms.

See the Casa Casuarina Website
(Flash Required)
Fri -- 10:00p

Hospitality Suite at Bungalou's Bar & Grill
Cigars, Wine, Munchies and Lots of Talk
SATURDAY, OCTOBER 23, 2004
-- AGENDA UNDER DEVELOPMENT --
Sat -- 7:30a
Continental Breakfast
Sat -- 8:30a
Welcome From Seminar Chair

Joseph Ortego -- 2004 Seminar Chair
Nixon Peabody
New York, NY
Sat -- 8:40a

Peter
Wechsler

Ruden McClosky
Miami, FL
JURY TRENDS: WHERE PLAINTIFFS ARE HITTING BIG AND WHY
A survey of large jury verdicts and an analysis of where they are coming from, why they are happening and how to avoid them.Protective measures to avoid large compensatory and punitive verdicts.
Sat -- 9:00a

Patricia
Refo

Snell & Wilmer
Phoenix, AZ
JURY TRIALS FOR THE 21ST CENTURY: THE ABA'S AMERICAN JURY PROJECT -- Getting Jurors to Render Better Decisions Based More on the Evidence and Less on Emotions
Trish Refo, Chair of the ABA's American Jury Project, provides us with a status report on the most significant effort ever to create national standards for jury trials in the state and federal courts. Reasonable time limits on trial proceedings, questions from jurors during the trial, and juror discussions about the evidence prior to submittal of the case to the jury are among the reforms being proposed in an effort to help jurors better understand evidence at trial. The project's work proceeds from social science research into how jurors process information and render decisions, and the likely result will be increased fairness in jury trials, more predictability, and decisions based more on the facts presented and less on emotion. Information for in-house counsel to enable responsible comment by them on the draft standards in time for consideration by the American Jury Commission, headed by Justice Sandra Day O'Connor and New York's Chief Judge Judith Kaye, and the ABA House of Delegates in February, 2005.
Sat -- 9:20a

Don
DeVries

Goodell, DeVries, Leech & Dann
Baltimore, MD
JURY RESEARCH AND MOCK TRIALS -- A FRESH LOOK; A NEW TAKE
Experienced practitioner's analysis of the various stages of litigation where jury consultants can have input, uses to be made of their work, experience with mini-trials in settling large class actions, litigation.
Sat -- 9:40a

Jeff
Galway

Blake Cassels & Graydon
Toronto, Ontario
CANADIAN COMPETITION AND ANTI-TRUST LAW
The past five years has seen a significant increase in anti-trust class action litigation in Canada. This trend is being driven, in part, by aggressive plaintiff’s counsel, contingency fees and various amendments to Canada’s Competition Act which are intended to facilitate private actions. Jeff Galway, a partner at the Canadian law firm of Blake, Cassels & Graydon LLP, will discuss this trend as well as highlight some of the important differences between U.S. and Canadian anti-trust class action litigation.
Sat -- 10:00a

Michael
O'Donnell


Wheeler Trigg Kennedy

Denver, CO

PUNITIVE DAMAGES: SEEKING CLARITY IN A SEA OF CONFUSION
Setting a course after Campbell v. State Farm and progeny. Recent developments and how to defend against claims for punitive damages. Practice pointers including effective use of written discovery, experts and cross-examination.
Sat -- 10:20a Coffee and Refreshment Break
Sat -- 10:50a

James
Murphy

LeClairRyan
Richmond, VA

DEFENDING SECURITIES CLASS ACTIONS: There Are Alternatives to Handing the Bully Your Lunch Money
The securities class action plaintiffs' bar is coming up with new theories and tactics to force settlements from corporate America. Mr. Murphy will discuss current developments in the defense of shareholder class actions, tactical considerations and some things to consider before tapping your D&O carrier to pay a large settlement to the plaintiffs' lawyers.
Sat -- 11:10a

Steve
Mooney

Weinberg, Wheeler, Hudgins, Gunn & Dial
Atlanta, GA
INTENTIONAL TORTS IN THE WORKPLACE
Murder, sexual molestation, rape and other intentional torts committed by employees and former employees are litigation nightmares. Early pro-active response can minimize costs. Recent USSC and Appellate Court employment cases reveal practical approaches to minimize exposures to lawsuits and administrative complaints.
Sat -- 11:30a

Banks
Sewell

Lightfoot, Franklin & White
Birmingham, AL
SERIAL LITIGATION: STOPPING THE SERIAL KILLER
Organizing, managing, staffing, defending serial litigation, standardizing discovery, allocating responsibilities across a national team, courting, car and feeding of fact and expert witnesses. In short, national coordination in a nutshell.
Sat -- 11:50a

Joe
McReynolds

Deutsch, Kerrigan & Stiles
New Orleans, LA
WHEN THE JURY IS CLEARLY WRONG: REVERSING JURY VERDICTS ON APPEAL
Case studies in punitive damages, legal error, and the manifest error doctrine. Tackling the hardest appellate issues -- erroneous jury verdicts.
Sat -- 12:10p

Tony
Lathrop

Moore & Van Allen

Charlotte, NC
EX-PARTE TEMPORARY RESTRAINING ORDERS AND IMPOUNDMENT ORDERS
Draconian remedies you can use to organize and lead raids by federal marshals to impound counterfeit and bootleg product copies. Protecting your intellectual property, with emphasis on pleadings, legal standards and strategies under federal trademark and copyright statutes (Lanham Act).
Sat -- 12:30p
CLOSING REMARKS

Tracy Van Steenburgh -- 2004 Chair
Halleland, Lewis, Nilan, Sipkins & Johnson
Minneapolis, MN
Sat -- 1:00p

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Golf at Great White
The 148-acre course, designed by Greg Norman, is primarily landscaped with tightly packed coquina sand and is the only "desert-scape" golf course of its kind in the Southeastern United States. The Great White was rated as the best new golf course of 2000, according to the National Golf Foundation.
See Miami On Board the Kathleen W
Our fabulous yacht, the Kathleen Windridge, will provide you with the ultimate in service, fabulous cuisine and ambiance that can not be duplicated on any other yacht, all while seeing the magnificent waterfront sights of Miami.
The Doral Spa
The European inspired Spa at Doral combines old-world charm with a thoroughly modern selection of services (including more than 100 different luxurious spa treatments, a registered dietician/ nutritionist and state-of-the-art exercise center). Recognized as one of the world’s best by Conde Nast Traveler's Gold List, we invite you discover for yourself a truly unforgettable retreat.
Tennis
The Arthur Ashe Tennis Center features 11 tennis courts in a beautiful tropical setting, 7 of these courts are clay and 4 are deco-turf hard courts. The Doral's full service pro-shop offers the latest in fashions for men and women, including top of the line Nike shoes and state of the art tennis racquets, with 24 hour re-stringing available.
Sat -- 7:00p

Dinner
Barbecue Dinner by the Blue Lagoon Pool
Sat -- 10:00p
Hospitality Suite at Bungalou's Bar & Grill
Cigars, Wine, Munchies and Lots of Talk
SUNDAY, OCTOBER 24, 2004
-- AGENDA UNDER DEVELOPMENT --
Sun -- 9:00a
For Network Members Only:
Breakfast and Post-Program Business Meeting
Location TBD

This CLE program is produced by The Network of Trial Law Firms, Inc., a not-for-profit business league organized as a 503(c)(6) corporation, on behalf of its 26 member law firms and 3,600 attorneys in 90 offices throughout the United States and Canada. The Network is well-known for its outstanding CLE programs. Since 1993, we have produced more than 25 cutting-edge CLE programs on trial and litigation management topics.



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Thursday, October 21 and Departing on Sunday, October 24.
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