Friday, January 28, 2005

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 Beverly Hilton
9876 Wilshire Boulevard
Beverly Hills, CA 90210


8:30 a.m. to 4:25 p.m.

includes breakfast and a working lunch
CLE Approval for the State of California:
6.66 General CLE hours, 1.00 Ethics hours, .33 Eliminating Bias in the Profession hours.


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, January 28, and join us for our highly-regarded LITIGATION MANAGEMENT SUPERCOURSE, now
entering its 12th year. General counsel, bring your entire in-house litigation management department.

The program and lunch are on us.

FRIDAY, JANUARY 28, 2005
8:30a - 9:00a
Continental Breakfast
9:00a
OPENING REMARKS
Susan Artinian -- 2005 Chair
Dykema
Detroit, MI
9:05a
WELCOME FROM SEMINAR CO-CHAIRS

Scott O'Connell
Nixon Peabody;
Boston, MA

Mark Miller
Wildman Harrold; Chicago, IL
9:10a

Joseph
Ortego


Nixon Peabody

New York, NY

EARLY CASE EVALUATION
Expediting the Elimination of Dangerous Cases

Institutionalized early and recurrent case valuation, outcome prediction, cost projection, plan feasibility analysis and consideration of plaintiff's assessment of potential and likely recovery, cost and time to litigate.

Joe Ortego is a partner in Nixon Peabody's New York City and Garden City, Long Island offices. Joe tries and litigates product liability cases, and employment and commercial litigation matters, both nationally and in the New York metropolitan area. He is a Sustaining Member of the Products Liability Advisory Council, on the United States District Court's Early Neutral Evaluation Panel, as well as Co-Chair of the ALI-ABA annual program on Product Liability and is a member of the ALI-ABA Board of Continuing Education. Joe is the Past President of the National Hispanic Bar Association in New York. He is also on the Eastern District NASD Arbitration Panel and co-chair of TIPs Directors and Officers and Professional Liability Committee.

9:30a

Steve
Kravit


Kravit, Hovel, Krawczyk & Leverson

Milwaukee, WI

THE SUPREME COURT SPEAKS
On January 12, 2005, the U.S. Supreme court in a highly anticipated decision (U.S. v. Booker) found the federal sentencing guidelines, which have been the mandatory basis for sentencing all federal defendants for 17 years, to be unconstitutional. The relegation of the guidelines to, at best, advisory status has critical implications for the way fraud and other cases will be investigated, prosecuted and disposed of in the federal system. The victory for defense interests, and the re-introduction of common sense into federal sentencing, is likely to be short lived. What will replace the guidelines? What implications are there for companies confronted with investigative demands, and serious compliance issues under Sarbanes Oxley?

Steve Kravit is the founder of Kravit, Hovel, Krawczyk & Leverson, a litigation law firm in Milwaukee. He is a graduate of Harvard Law School, and for the past 25 years has represented a diverse array of defrauders and victims. He has special expertise in white collar criminal defense, RICO and fraud consulting. He has lectured on trial and fraud related topics at Harvard, Marquette and University of Wisconsin law schools. Steve says he has seen prosecution fads come and go, but that this is the most dangerous time in US history to be involved in fraud. Sit back, relax, and hear how the government has new ways to make life miserable for you and your company, and what you can do to lessen the consequences.

9:50a

Marshall
Grossman


Alschuler, Grossman, Stein & Kahan

Los Angeles, CA

THE COURTROOM AS STAGE, TRIAL AS THEATER
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, and 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.

10:10a

Tim
Glassett


Senior Vice President and Deputy General Counsel

Hilton Hotels

DIVERSITY: A POLICY FOR IN-HOUSE COUNSEL
Tim Glassett, Senior Vice President and Deputy General Counsel, Hilton Hotels, provides insight into outside counsel selection and other important decisions made by in-house counsel on the basis of diversity data, including designing, implementing, and maintaining an effective diversity hiring policy for outside counsel.

Tim is Secretary and Fund Raising Chair of Plasticos Foundation, a not-for-profit volunteer organization dedicated to correcting birth defects, congenital malformations and traumatic disfigurements of those around the world unable to afford such services.

10:30a

Bob
Kerrigan


Deutsch, Kerrigan
& Stiles

New Orleans, LA
MANAGING FACT AND EXPERT WITNESSES
The Key to Winning at Trial
Hand holding, appointment of special counsel, relationship building, protecting and caring for your witnesses whose testimony can turn a case.

Robert E. Kerrigan, Jr. is a partner in Deutsch, Kerrigan & Stiles in New Orleans, where he has spent his entire legal career. He has lectured on many subjects, including trial advocacy at Defense Research Institute and other conferences and bar associations throughout the United States. He is listed in The Best Lawyers in America for Business, Personal Injury and Civil Litigation, is a fellow of the International Academy of Trial Lawyers, and is listed in the International Who’s Who of Commercial and Business Litigators.
10:50a

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.

This former Airborne, Ranger Artillery Officer turned lawyer, is now a partner with LeClairRyan in Richmond, VA. He has Considerable exposure in mass tort litigation as "national liaison counsel for physicians in both the Breast Implant and Fen-phen Litigation"; National trial counsel for Owens Corning, GAF and now Dana and Certainteed Corporation in Asbestos Litigation and has tried 31 products cases to verdict since 1990 across the country. He's on GE's national trial team for asbestos, is national trial counsel for high-exposure cases for CNA, Premier and ERC, and has tried over 100 trials in 13 years with only two losses. He's been voted top defense lawyer in Richmond and one of top 10 trial lawyers in the State; has been know to wear a Kilt before St. Patrick's Day. He loves to leave history messages on his voice mail and is rumored to have played the piano as a guest soloist with the Chicago Symphony at age 16. The guy loves to perform - that's probably why he is so comfortable in the courtroom.

11:10a - 11:40a
Coffee and Refreshment Break
11:40a

William
Carroll


Morgenstein
& Jubelirer

San Francisco, CA

AVOIDING RETALIATION CLAIMS: THE PLOT THICKENS
California continues to set the pace in legislating new protections for employees who "blow the whistle" on alleged improper activities. Will Carroll, who currently has two retaliation cases pending before the California Supreme Court, will provide an update on recent legislative and case law developments, and share insights on preventing retaliation claims before they arise.

Will Carroll specializes in employment litigation and commercial litigation, including trade secret disputes, intellectual property, and securities law. Will has defended employers in a broad spectrum of industries including banking, securities, high tech, food distribution, real estate development, and apparel. Mr. Carroll is a 1982 cum laude graduate of the University of Michigan Law School, and he received his undergraduate degree in government from the University of Notre Dame, where he graduated Phi Beta Kappa summa cum laude.

12:00p

Alex
Marconi


Snell & Wilmer

Phoenix, AZ

DEFENDING PLAINTIFF'S FIRST STRIKE -- 30(b)(6) CORPORATE REPRESENTATIVE DEPOSITIONS
Who is the person most knowledgeable and about what?

Right out of the box, plaintiff could hit your corporate client with a notice of 30(b)(6) deposition. It could be the most important deposition your company faces. What you need to do to defend that deposition, how to prepare so that you don't lose the case before the first written discovery responses are made.

Alex Marconi is a partner with the Phoenix office of Snell & Wilmer. Snell & Wilmer has 380 attorneys and offices in 6 locations throughout the Southwest. He is admitted to practice in Arizona and Illinois. Alex specializes in the defense of product liability suits for a number of national and international manufacturers and in complex commercial litigation as well. Alex is national trial counsel for several Snell & Wilmer clients, including Mercury Marine, Sea Ray and U.S. Marine. He has tried cases throughout the United States. Alex has a diverse cultural and professional background. He was born in Florence, Italy. Prior to joining Snell & Wilmer, Alex was at Outboard Marine Corporation in charge of all litigation.

12:20p

Kelly
Corr


Corr, Cronin, Michelson, Baumgardner & Preece

Seattle, WA

TRIAL TACTICS FOR NOTORIOUS CASES
New and Alternative Approaches
Whether he's representing Seattle rockers Heart, the surviving Nirvana rockers seeking a mental examination of Courtney Love, Washington's foster care system, or Alaska Airlines in its cabin air litigation, Kelly Corr's tactical displays in high profile cases are textbook stuff. Bill Gates experienced Corr's cross-examination first hand in the Microsoft operating system litigation. Recently profiled by People and E!Online magazines, Corr discusses high profile cases and playing field leveling techniques..

Kelly Corr is a partner at Corr, Cronin, Michelson, Baumgardner & Preece in Seattle. He is a Fellow of the American College of Trial Lawyers. Chambers USA has picked Kelly as one of the top three litigators in Washington State. Washington Law & Politics selected Kelly as one of the top ten lawyers in any practice area for the state. Seattle Magazine has twice chosen Kelly as one of its top five business litigators. He is profiled in The Best Lawyers in America.

12:40p

Peter
Skolnik


Lowenstein Sandler

Roseland, NJ

REPRESENTING THE CELEBRITY CLIENT
Whether your famous client is the plaintiff or defendant, it's crucial to neutralize the celebrity factor so that neither judge nor jury sees only a David v. Goliath contest. It's not always easy but a winning strategy requires you to make your celebrity client "just folks".

Peter L. Skolnik is chair of the firm's intellectual property, media and entertainment practice. He represents high tech companies, publishers, broadcasters, authors, literary estates, artists and arts organizations. He recently represented David Chase, creator of The Sopranos, in a case concerning ownership of ideas, and the estate of Vladimir Nabokov in a highly celebrated case involving infringement of the copyright to Lolita. He is listed in the "Best Lawyers in America" for his First Amendment work.

1:00p

Susan
Artinian


Dykema

Detroit, MI

RECOVERING ATTORNEYS' FEES IN LITIGATION
Getting your adversary to pick up your attorneys' fees

A summary of recent federal statutory provisions for attorneys' fees, how courts interpret them, and how parties are using them to litigation advantage, coupled with a review of typical state codes and court rules for attorneys fees.

During Susan Artinian's 23 years with Dykema she has gained extensive litigation experience in the commercial, product and employment arenas. Her commercial litigation practice includes the defense of lenders, the defense of insurance companies on coverage issues, the defense of trade secrets and other confidential information, and the defense of manufacturers in commission disputes with their sales representatives. She also handles of the employment litigation in Michigan for a major retail establishment. Before joining Dykema, Ms. Artinian was a law clerk to the Honorable Julian Abele Cook, Jr. (former Chief Judge for the United States District Court, Eastern District of Michigan). Prior to her law career, Ms. Artinian was a special education teacher.

1:20p

WORKING LUNCH
BREAK-OUT
SESSIONS
(40 min.)

4 Simultaneous Break-out Sessions with Lunch
Choose your focus areas when you register at the front desk.
A


CONSTRUCTION LAW LITIGATION MANAGEMENT

Santa Monica


Lee Roberts

Weinberg Wheeler Hudgins Gunn & Dial
Las Vegas, NV

Jim Balich
Morgenstein & Jubelirer
San Francisco, CA

 

B


EMPLOYMENT LAW LITIGATION MANAGEMENT

Monte Carlo


Will Carroll
Morgenstein & Jubelirer
San Francisco, CA

Mark Neubauer
Alschuler, Grossman, Stein & Kahan
Los Angeles, CA

 

C


ENTERTAINMENT LAW LITIGATION MANAGEMENT

Royal Suite


Yakub Hazzard

Alschuler, Grossman, Stein & Kahan
Los Angeles, CA


Peter Skolnik
Lowenstein Sandler
Roseland, NJ

William Kaplan
Blake, Cassels & Graydon
Vancouver, BC

D


IN-HOUSE - OUTSIDE COUNSEL RELATIONSHIP ISSUES

Versailles


Alex Marconi

Snell & Wilmer
Phoenix, AZ

E


IN-HOUSE - OUTSIDE COUNSEL RELATIONSHIP ISSUES

Monaco


John Worden

Morgenstein & Jubelirer
San Francisco, CA
F


IN-HOUSE - OUTSIDE COUNSEL RELATIONSHIP ISSUES

Rodeo


David J. Larson

Weinberg Wheeler Hudgins Gunn & Dial
Las Vegas, NV
2:00p

Steven
Johnson


Hecker Brown Sherry and Johnson

Philadelphia, PA

SUBROGATION CLAIMS: AFTER THE LOSS -- RECOUPING YOUR RETRO, SIR, AND UNISURED LOSSES
Creating and managing an institutionalized subrogation program for the real party at financial interest, the insured, to shave liability losses and tweak your company's claims performance. Pursuing uninsured losses. Problems posed by large subrogation claims.

Steve Johnson handles commercial and insurance litigation and product and professional liability cases. He serves on the Professional Guidance Committee of the Philadelphia Bar Association, of which he is a past co-chair. Steve was designated a "Pennsylvania Super Lawyer" by Philadelphia Magazine for 2004.

 

2:20p

Sawnie
McEntire


Beirne Maynard & Parsons

Houston, TX
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.

Sawnie McEntire is a partner at the law firm of Beirne, Maynard & Parsons. The firm has offices in Houston and Dallas. Sawnie is the senior partner in the Dallas office. He has tried cases for almost 25 years throughout Texas and several other states. He has been responsible for litigation matters throughout the country. He has served as regional and statewide counsel for several corporations facing trials in Texas. He has tried pharmaceutical cases, automotive products cases, business tort cases and other complex business matters. Texas Monthly magazine recently named him as a "Super Lawyer" in civil litigation for 2004.
2:40p

William
Kaplan


Blake, Cassels
& Graydon

Vancouver, B.C.

PRE-NEGOTIATION PLANNING FOR IN-HOUSE COUNSEL
Effective preparation techniques allowing tactical approaches to negotiations and avoiding/dealing with unanticipated developments.Preparing for negotiations as if your results depend upon it.

Bill Kaplan is a partner in the Vancouver office of Blake Cassels and Graydon and has been since that office opened in 1989. His practice covers a wide range of corporate commercial litigation matters. He is an adjunct professor at the University of British Columbia Law School. He has been instructing a course in njegotiations at the law school for several years and has spoken and written on negotiation practice and theory. Bill is recognised in the Lexpert Directory as one of the leading lawyers in Canada.

3:00p

Dena
Kobasic


Thompson Hine

Cleveland, OH
MASS TORT MANAGEMENT: THE FLOODGATES ARE OPEN
Multiple plaintiff litigation directed toward a singe product or substance is all the rage. Veteran of the mass tort wars, Dena Kobasic, outlines a strategy for management covering counsel selection, team organization, communication, document organization and analysis, company and product profile, experts and court relations.

Dena M. Kobasic, a partner at Thompson Hine LLP, defends commercial and product liability litigation on behalf of manufacturers in a variety of industries, including specialty chemicals, industrial products and automotive products. She has extensive experience in mass tort litigation and has acted as counsel for national corporations in both asbestos and silica litigation.
AN HOUR OF ETHICS
3:20p

Tony
Lathrop


Moore & Van Allen

Charlotte, NC

ETHICAL CONSIDERATIONS IN FIGHTING OFF COUNTERFEITERS
Ethical considerations is deploying the 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).

Tony Lathrop is a partner with Moore & Van Allen in Charlotte, North Carolina. Moore & Van Allen is a full service firm with over 200 attorneys serving corporate and business clients around the world. Tony specializes in larger commercial and tort cases. Recent cases include manufacturing price disputes, contingent auto liability coverage, trademark and copyright infringement, section 1983 police/muncipal liability, motorcycle and helicopter products liability, wireless telephone provider interconnections with local phone companies, and corporate raiding/trade secrets. Tony recently chaired two merit selection panels for US Magistrates in North Carolina.

3:40p

Janice
Symchych

Halleland, Lewis, Nilan & 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.

4:00p

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.

Bruce has represented law firms and lawyers in the defense of malpractice cases for 25 years. He worked with Underwriters at Lloyds of London in designing a malpractice policy for entertainment law firms in Los Angeles and regularly counsels these firms on ethics and risk managment issues. Bruce was retained by the Los Angeles County Bar Assoc. to file an amicus brief in the California Supreme Court in Viner v. Sweet, a case in which the Court established the causation requirment for transactional malpractice. Bruce has lectured on ethics issues at both the UCLA and USC Entertainment Law Institutes.

4:20p
CLOSING REMARKS

Scott O'Connell
Nixon Peabody;
Boston, MA

Mark Miller
Wildman Harrold; Chicago, IL

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 25 member law firms and more than 4,000 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.


Tuition is $600, but complimentary for in-house counsel, including breakfast, lunch and all materials
(due to limited capacity of 150 attendees, insurance company staff defense counsel
cannot be considered in-house counsel for tuition purposes)




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