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


LeClairRyan

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
(LeClairRyan)

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
(LeClairRyan)

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
(LeClairRyan)

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*


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