Friday, August 6, 2004

in 18 pithy fast-moving and entertaining 20-minute segments, plus
working lunch-breakout sessions, and including
1 hour of cutting-edge ethics issues
featuring TRIAL LAWYERS

The House of the Bar Association of the City of New York
42 West 44th Street -- New York, NY
8:30 a.m. to 4:35 p.m.
includes breakfast and a working lunch
CLE Approval for the State of New York:
7.0 General CLE hours, .5 Ethics hours in NY

The Network of Trial Law Firms
is making a gift to
The CITY BAR FUND
in lieu Charging Tuition to In-house Counsel**

NOTICE: This is not your everyday CLE course; these are not your everyday litigators. These are trial lawyers. You won't hear endless streams of case citations, theory, academic wonder and picking apart of appellate decisions. You will hear a lot of practical advice that you can use immediately. And come prepared to have some fun. These are trial lawyers. You've probably heard about them. You may even know a trial lawyer. Trial lawyers are the jet fighter pilots of the legal profession. You'd know that if you ever called one in only weeks before trial and asked them to save your company/case/job. They say what's on their minds and tell it like it is. They are result oriented, eschew bean counting and paper mill litigation, and live to try cases. They are tough hombres. They present, argue and persuade for a living, day in and day out. Many first chair more trials every year than most litigators see in a lifetime. Hear a decidedly fresh perspective and approach to CLE, and experience a terrific set of CLE presentations. Take Friday, August 6, and join us for our highly-regarded LITIGATION MANAGEMENT SUPERCOURSE, now entering its 11th year. General counsel, bring your entire in-house litigation management department -- the program and lunch are on us.

FRIDAY, AUGUST 6, 2004
8:30a - 9:00a	Continental Breakfast
9:00a		OPENING REMARKS Tracy Van Steenburgh -- 2004 Chair Halleland, Lewis, Nilan, Sipkins & Johnson Minneapolis, MN
9:05a		Welcome From Seminar Chair Joseph Ortego -- 2004 Seminar Chair Nixon Peabody New York, NY
9:10a Joe Ortego Nixon Peabody New York, NY		HAS ARBITRATION LOST ITS WAY? A Practitioner's Perspective on Dispute Resolution Vehicle Choices in New York 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 New York State Supreme Courts and the United States District Court for the Southern and Eastern Courts of New York. Just, Speedy and cost-effective resolutions are once again the province of the courts. Here's why you need to think twice before you turn your back on the Courts and select arbitration to resolve your dispute.
9:30a Jeff Parsons Beirne Maynard & Parsons Houston, TX		SCALE TIPPING TRIAL TACTICS Many decisions, choices, and circumstances impact case results but some are far more influential than others. Veteran trial lawyer Jeff Parsons discusses ten of the most significant tactical decisions that in-house and trial counsel can make affecting the outcome of litigation.
9:50a Tim Gray Forman Perry Watkins Krutz & Tardy Jackson, MS		PANEL DISCUSSION ON THE ASBESTOS LITIGATION MONSTER: LESSONS LEARNED Asbestos litigation: How it got so large, who it wants to eat next and how to fight back. Lessons learned and thoughts about other litigation monsters waiting to pop out.
10:05a Eliot Jubelirer Morgenstein & Jubelirer San Francisco, CA
10:20a Marshall Grossman Alschuler, Grossman, Stein & Kahan Los Angeles, CA		THE COURTROOM AS A STAGE Veteran trial lawyer Marshall Grossman discusses demeanor, counsel table, entourage, appearance, taking notes, sarcasm, relating to the jury, relating to the judge and courtroom personnel, credibility, objections -- when not to use them. Marshall B. Grossman is a partner in Alschuler Grossman in Los Angeles, where he has spent his entire legal career. He has lectured on trial advocacy at leading law schools throughout the United States and at annual meetings of the California State Bar and the American Bar Association. He is one of two attorney members of the California Commission on Judicial Performance. He is profiled in The Best Lawyers in America.
10:40a John Fitzpatrick LeClair Ryan Richmond, VA		TOUGH CASES, TOUGH DEFENSES AND GREAT RESULTS Simply because the facts are against you, damages are extraordinary, punitive potential abounds and the world looks like it's closing in doesn't mean that your case can't be won. Bringing them back from the edge of disaster is trial lawyer John Fitzpatrick's forte. Hear his techniques and methods to snatch victory from the jaws of defeat.
11:00a - 11:30a	Coffee and Refreshment Break
11:30a Alex Marconi Snell & Wilmer Phoenix, AZ		QUALIFYING AND DISQUALIFYING EXPERT WITNESSES Daubert, its history and how it and its progeny are used to ensure the success of the most important motion you will make.
11:50a Kelly Corr Corr Cronin Seattle, WA		TELLING A TECHNICALLY-COMPLICATED CASE TO A JURY Distilling complex issues to the point that they can be understood is an art. Trying technically complex cases requires an approach that gets your message across to the jury. When the defendant is Microsoft, the claim is that your client wrote DOS, and Bill Gates is testifying against you, you have your hands full. Often, the challenge is like the one here -- getting a technically unsophisticated, non-computer literate jury to understand that Microsoft's claim is not true that its MS-DOS operating system was an entirely new product from the operating system your client sold him and as to which royalties are claimed. Here's how one trial lawyer dealt with that problem successfully.
12:10p Stephen 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. Advice for counsels general; protective action to take now no matter who wins.
12:30p Rod Heard Wildman, Harrold, Allen & Dixon Chicago, IL		ARBITRATION: CAN IT EVER BE A CLASS ACT? Enter the brave new world of class arbitrations. Opportunities and catastrophic risks about which to be alert.
12:50p Gord McKee Blake, Cassels & Graydon Toronto, Ontario		DEVELOPMENTS IN MASS TORT IN CANADA AND ITS EFFECTS ON CORPORATE AMERICA The litigation explosion is now consuming Canada with far-reaching impacts in the United States. Don't have an office in Canada? Don't need to worry? Think again. If your products, services or advertisements reach Canadian consumers, your company needs to know what's going on in Canada.
1:10p Scott O'Connell Nixon Peabody Boston, MA		WHEN CIVIL ACTION BECOMES CRIMINAL: PRACTICAL CONSIDERATIONS IN CONCURRENT PROCEEDINGS Parallel civil and criminal proceedings present difficulties at the 3-D chess level. Each case carries the risk of a jail sentence, loss of professional licenses and financial ruin. Common threads running through concurrent civil, criminal and regulatory proceedings.
1:30p WORKING LUNCH BREAK-OUT SESSIONS	8 Simultaneous Break-out Sessions with Lunch Choose your focus areas when you register at the front desk. 1 WHITE COLLAR CRIMINAL LITIGATION -- GRAND JURIES, SUBPOENAS, ETC. In-house Counsel's Opportunities Defending Corporate Clients Before Grand Juries, Dealing with Government Subpoenas, Avoiding and Preventing Criminal Liability, Fraud and Other Government Litigation Steve Kravit (Kravit, Hovel, Krawczyk & Leverson) Jack Sharman (Lightfoot, Franklin & White) Norman Bloch (Thompson Hine) 2 NUISANCE SUITS Misuse of Nuisance Litigation by Individuals, Corporations and State and Municipal Governments (e.g., obesity burgers, gun litigation, lead paint litigation, hazardous chemicals, etc.) Rod Heard (Wildman Harrold Allen & Dixon) Joel Richler (Blake Cassels & Graydon) 3 INTERNET SPEECH AND EXTRANET USE Internet Speech and Extranet Use in Litigation Management -- Internet Criticism Websites, Trademark Issues Associated with the Use of Domain Names and Meta Tags, Chatrooms, Defamation and Use of Extranets in Litigation and Case Management. Scott O'Connell (Nixon Peabody) Tom Zych (Thompson Hine) 4 EMPLOYMENT LITIGATION New Department of Labor Regulations on Exempt Employees; Arbitration of Workplace Disputes; and Common Issues Arising with Executive Separation. David Nagle (LeClair Ryan) John Hovel (Kravit, Hovel, Krawczyk & Leverson) 5 INSURANCE COVERAGE LITIGATION AND INSURANCE INSOLVENCIES Economics and Realities of Insurance Coverage Litigation, Practical Points for Handling Insurance Insolvencies Bruce Friedman (Alschuler, Grossman, Stein & Kahan) John Worden (Morgenstein & Jubelirer) Linda Woolf (Goodell, DeVries, Leech & Dann) 6 LITIGATION MANAGEMENT: MASS TORT AND PRODUCT LITIGATION Case and Counsel Management -- What's 'In' and What's 'Out' in Mass Tort and Product Litigation Management Tim Gray (Forman, Perry, Watkins, Krutz & Tardy) Eliot Jubelirer (Morgenstein & Jubelirer) Bill Horton (Blake Cassels & Graydon) Susan Artinian (Dykema) 7 LITIGATION MANAGEMENT: CASE AND COUNSEL MANAGEMENT Case and Counsel Management -- What's 'In' and What's 'Out' in Corporate Litigation Management Alex Marconi (Snell & Wilmer) Kelly Corr (Corr Cronin) Tracy Van Steenburgh (Halleland Lewis Nilan & Johnson) James Murphy (LeClair Ryan) 8 TRIAL MANAGEMENT: CONTROLLING DAMAGES Trial lawyers discuss In-house Counsel Opportunities to Avoid, Derail and Limit Company Exposure, Controlling Runaway Juries, Limiting Commercial Damages Jeff Parsons (Beirne Maynard & Parsons) Marshall Grossman (Alschuler, Grossman, Stein & Kahan) John Fitzpatrick (LeClair Ryan) Joe Ortego (Nixon Peabody)
2:30p Bobby Hood Hood Law Firm Charleston, SC		D&O LITIGATION AND INSURANCE Innovative defense of D&O litigation. Pre-trial preparation and trial technique involving corporate big-whigs. Making well-compensated, highly-educated and sometimes aloof witnesses and defendants attractive storytellers embraceable by lay juries.
2:50p Lee Hollis Lightfoot, Franklin & White Birmingham, AL		SURVIVING HIGH-EXPOSURE CASES BROUGHT BY THE GOVERNMENT Overcoming the obstacles of terrible judges, terrible juries and the probability of getting hit big. How to be ready, willing and able to try the big cases and win them in the long run.
3:10p Tom Zych Thompson Hine Cleveland, OH		ELECTRONIC DISCOVERY AND THE REALITIES OF MANAGING DIGITAL EVIDENCE Electronic storage of information has increased the costs, burdens and risks of litigation? And recent case law only worsened the problem by shifting costs to the deep pocket? What's in-house counsel to do?
AN HOUR OF ETHICS IN A NEW YORK MINUTE
3:30p Tracy Van Steenburgh Halleland, Lewis, Nilan, Sipkins & Johnson Minneapolis, MN		ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGE ADVICE FOR IN-HOUSE COUNSEL Where is the line drawn between business advice and legal advice when in-house counsel delivers his/her services? Are in-house counsel always acting as lawyers or do they sometimes, or always, act as business persons employed by their corporate client? Examples of conduct held to be privileged and instances of in-house lawyers crossing the line. Practical pointers to keep your advice out of the hands of your adversary.
3:50p Bruce Friedman Alschuler, Grossman, Stein & Kahan Los Angeles, CA		THE ETHICAL IMPLICATIONS OF COUNSEL'S GATEKEEPER ROLE UNDER SARBANES-OXLEY Congress passed the Sarbanes-Oxley Act of 2002 to address the bevy of recent corporate misconduct scandals and to restore investor confidence in the regulation of the securities markets. Perhaps the most controversial rule proposed by the Securities and Exchange Commission ("SEC") in response to Congress' directive, and the rule with the most far-reaching ramifications for the legal profession, has been the "noisy withdrawal" provision, which requires an attorney to report suspected financial fraud directly to the SEC if a corporation's board of directors does not take appropriate action following a warning of wrongdoing. This presentation examines the terms of the SEC's "noisy withdrawal" proposal, the concern and opposition that it has evoked from the Bar, and its implications for the future preservation of the attorney-client privilege in the corporate context.
4:10p Linda Woolf Goodell, DeVries, Leech & Dann Baltimore, MD		OBLIGATIONS WHEN CONDUCTING INVESTIGATIONS OF MISCONDUCT In the post-Enron era, with the passage of the Sarbanes-Oxley Act of 2002, questions regarding the impact of corporate internal investigations abound. This new environment warrants a renewed examination of ethical considerations involved when the corporation’s counsel investigates possible wrongdoing within the corporation. This presentation will address who, precisely, is included within the attorney-client relationship; potential conflicts of interest, which communications are confidential and which are not; and what further communications are required of corporate counsel as additional information is revealed.
4:30p		CLOSING REMARKS Tracy Van Steenburgh -- 2004 Chair Halleland, Lewis, Nilan, Sipkins & Johnson Minneapolis, MN

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 20 cutting-edge CLE programs on trial and litigation management topics. The Network is not affiliated with the Association of the Bar of the City of New York and appreciates the courtesy extended by the Association in permitting it to use the Association's House. All costs of production are borne by the producer, including room rental and food charges.

* The Association of the Bar of the City of New York is not affiliated with The Network of Trial Law Firms, Inc.


**Tuition is $400
(includes breakfast, lunch and all materials)

Complimentary for In-house counsel
(Please Note: Due to last year's sold out situation and limited capacity of 250 attendees,
insurance company staff counsel will not be considered In-house Counsel for Tuition Purposes)

The Network is making a gift to
The CITY BAR FUND
in lieu Charging Tuition to In-house Counsel*