Friday, August 5, 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 House of the Bar Association of the City of New York
42 West 44th Street -- New York, NY
8:30 a.m. to 4:45 p.m.

includes breakfast and a working lunch

Up to 7.5 General CLE Hours including 1.2 Hours of Ethics Hours
(CLE Approval for the State of New York is currently pending)

The Network of Trial Law Firms
is making a gift to
The CITY BAR JUSTICE CENTER
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 5, and join us for our highly-regarded LITIGATION MANAGEMENT SUPERCOURSE, now
entering its 13th year. General counsel, bring your entire
in-house litigation management department -- the program and lunch are on us.

FRIDAY, AUGUST 5, 2005
8:30a - 9:00a
Continental Breakfast
9:00a
OPENING REMARKS

Susan Artinian -- 2005 Chair
Dykema
Detroit, MI
9:05a
Welcome From Seminar Chairs
Scott O'Connell -- 2005 Seminar Chair
Nixon Peabody
Boston, MA
Mark Miller -- 2005 Seminar Chair
Wildman Harrold
Chicago, IL
9:10a

Tom
Tardy


Forman Perry Watkins Krutz & Tardy

Jackson, MS
SOMETHING CAN BE DONE ABOUT MASS TORT LITIGATION
Striking back at the plaintiffs’ bar’s dirty tricks and shotgun tactics
Techniques and strategies that force plaintiffs to play by the rules, stay on the high road and eschew due process short-cuts and dirty tricks. Forman Perry Watkins Krutz and Tardy were one of the lead law firms in the federal court MDL in Corpus Christi, Texas, where questionable silica screening procedures were first revealed. Trial lawyer Tom Tardy provides a history, an overview and a prognosis for these fascinating proceedings and suggests strategies that you can use in your mass tort cases.
9:30a

Dan
Stephenson


Dykema

Ann Arbor, MI
DON’T FORGET PUNITIVE DAMAGES WHEN MAKING CHOICE OF LAW DECISIONS
Early focus can make or break discovery efforts
State-specific procedural rules and substantive law could leave unwary defendants deprived of discovery on punitive damages issues. Trial lawyer Dan Stephenson shares his experience with an overview of choice of law issues as they relate to punitive damages, with examples from recent cases.
9:50a

Mark
Miller


Wildman Harrold

Chicago, IL
CLASS ACTION FAIRNESS ACT of 2005
Can it de-CAFA-nate the class action industry?
Trial Lawyer Mark Miller will discuss how this new law can affect your company's class action exposure. CAFA requires most class action suits that heretofore could be litigated in state court to be moved to the Federal courts. The law will make it much more difficult to bring class action suits. And, it gives the Federal government - by way of judicial appointments - the ability to somewhat control what was previously under state control. CAFA covers claims for false advertising, violations of consumer protection laws, and product liability.
10:10a

Joseph
Ortego

Nixon Peabody

New York, NY

E-DISCOVERY: YOU THOUGHT YOU HEARD THE LAST WORD
Zubulake I, II and III began the wildfire revolution
Responsibilities of in-house counsel to preserve, maintain and produce documents in litigation, cost-allocation methods, proposed e-discovery amendments to the Federal Rules of Civil Procedure; harsh penalties for e-discovery violations. Trial lawyer Joe Ortego tells you what you need to know today to stay out of trouble tomorrow.
10:30a

Alex
Marconi


Snell & Wilmer

Phoenix, AZ
THE COMPANY REPRESENTATIVE AT TRIAL
(S)he'll sit there at trial so the jury had better like him/her

Do you call your company's "central casting" for a "Senator" character or use a real person who can relate to the jury, especially if there's a chance (s)he'll be called to testify, overheard in the court hallways, button-holed by the press? Trial lawyer Alex Marconi outlines a process for selecting and grooming good company witnesses to sit through trials, consult with counsel and to be there if and when needed.
10:50a

John
Fitzpatrick


LeClairRyan

Richmond, VA
GENERAL COUNSEL’S BEST TRIAL LAWYER INTERVIEW METHODS
Asking the tough questions up front, when you have a chance to act on the answers
When the GC gets involved in selecting counsel, you know the matter’s important. Firms send their best closers for the dog and pony show, people who’ve won beauty contests before. But what should in-house counsel really be asking? Trial lawyer John Fitzpatrick gives you the hard questions that separate jury trial lawyers from everyone else. Learn what they are and how to get the answers you deserve. Better to learn them now than to have to explain to your Board of Directors how you missed asking them when you had the chance to do so.
11:10a - 11:40a
Coffee and Refreshment Break
11:40a

Tony
Lathrop

Moore & Van Allen

Charlotte, NC
PRODUCT COUNTERFEITING CAN BE DANGEROUS TO YOUR COMPANY’S HEALTH
Strap on your side arm, partner. We’re going riding with the Marshal
Yes, hard to believe but true. You and the local U.S. Marshal can raid that dastardly villain who’s been copying your products, barge into his factory, guns drawn, take his papers and computers, and effectively shut him down. But you’d better be right. Trial lawyer Tony Lathrop shares Draconian remedies to organize and lead raids impounding counterfeit and bootleg copies of your product. Pleadings, legal standards and strategies under federal trademark and copyright law (Lanham Act).
12:00n

Christine
Welstead

Akerman Senterfitt

Miami, FL
DEFENDING PREMISES LIABILITY CLAIMS AFTER CRIMES
The crime was bad enough but now the victim is coming after you
The claim is that the crime would not have happened to the customer, guest, invitee but for your company’s poor on-premises security. And now, unforeseeability of the criminal act is diminishing as a viable defense. Trial lawyer Christine Welstead discusses considerations for cross-examining victims of on-premises crime.
12:20p

Doug
Grover

Thompson Hine

New York, NY
HAVE WE SEEN FEDERAL SENTENCING GUIDELINES’ HIGH WATER MARK?
Recent trends leveling the playing field
Booker struck down the guidelines to the glee of defense counsel. Prosecutors no longer hold all the cards. Trial lawyer Doug Grover tells us just how much have things changed and how should companies respond in the current and changing enforcement environment?
12:40p

Jeff
Galway

Blake Cassels & Graydon

Canada
CANADIAN COMPETITION AND ANTI-TRUST LAW
What you don't know can hurt you
Anti-trust class action litigation is on the rise in Canada, driven by aggressive plaintiffs' counsel, contingency fees and amendments to Canada’s Competition Act intended to facilitate private actions. Trial lawyer Jeff Galway highlights important differences between U.S. and Canadian anti-trust class action litigation.
1:00p

David
Wissert

Lowenstein Sandler

Roseland, NJ
ENFORCING RESTRICTIVE COVENANTS AFTER EMPLOYEE DEPARTURES
What to do when trusted employees leave with company confidential information
Departing employees pose an unfair competition risk when they leave to join or form competitors. Trial lawyer David Wissert discusses effective protection of company confidential information, trade secrets, and customer relationship information. TRO's, preliminary injunctions, tactical maneuvers, enforcing bargained-for contractual protections, and the need to strike early.
1:20p

Steve
Mooney

Weinberg Wheeler Hudgins Gunn & Dial

Atlanta, GA
INSIST ON VIDEOTAPED DEPOSITIONS
You won’t believe what you’ll capture on video
Witnesses say the darndest things when they forget they’re being taped. Use in settlement. Trial lawyer Steve Mooney outlines pitfalls for unwary witnesses and in-house counsel and discusses the special rules applicable to videotaped evidence.

1:40p

WORKING LUNCH
BREAK-OUT
SESSIONS

8 Simultaneous Break-out Sessions with Lunch
Choose your focus areas when you register.
1
CASE AND COUNSEL MANAGEMENT A
with a focus on Commercial Litigation
Alex Marconi
Moderator
Snell & Wilmer
(Phoenix, AZ)

Tom Myrick
Moore & Van Allen
(Charlotte, NC)

Rod Heard
Wildman Harrold
(Chicago, IL)

Jill Lawrie
Blake Cassels & Graydon
(Canada)

2
CASE AND COUNSEL MANAGEMENT B
with a focus on High-Damages cases

Roger McCleary
Moderator
Beirne Maynard & Parsons
(Houston, TX)

Gwyn Quillen
Alschuler Grossman
(Los Angeles, CA)

Jim Miller
Akerman Senterfitt
(Miami, FL)

Molly Craig
Hood Law Firm
(Charleston, SC)

Ben Jetten
Blake Cassels & Graydon
(Canada)

3
CASE AND COUNSEL MANAGEMENT C
with a focus on Mass-Tort Litigation

Tom Tardy
Moderator
Forman Watkins Krutz & Tardy
(Jackson, MS)

Hal Morlan
Akerman Senterfitt
(Orlando, FL)

Rick Barnes
Goodell DeVries Leech & Dann
(Baltimore, MD)

Mary Anne Mellow
Sandberg Phoenix & von Gontard
(St. Louis, MO)

Dennis Duggan
Nixon Peabody
(Boston, MA)

4
CASE AND COUNSEL MANAGEMENT D

Susan Artinian
Moderator
Dykema
(Detroit, MI)

Brian Johnson
Halleland Lewis Nilan & Johnson
(Minneapolis, MN)

Christine Welstead
Akerman Senterfitt
(Miami, FL)

Joel Hoxie
Snell & Wilmer
(Phoenix, AZ)

Joe Burns
Rome McGuigan
(Hartford, CT)

Carol Michel
Weinberg Wheeler Hudgins Gunn & Dial
(Atlanta, GA)

5
EMPLOYMENT LITIGATION

David Nagle
Moderator
LeClairRyan
(Richmond, VA)

Tracy Van Steenburgh
Halleland Lewis Nilan & Johnson
(Minneapolis, MN)

Steve Mooney
Weinberg Wheeler Hudgins Gunn & Dial
(Atlanta, GA)

6
INSURANCE COVERAGE LITIGATION

John Worden
Moderator
Morgenstein & Jubelirer
(San Francisco, CA)

Adrienne Leight
Morgenstein & Jubelirer
(San Francisco, CA)

Steve Johnson
Hecker Brown Sherry and Johnson
(Philadelphia, PA)

7
E-DISCOVERY

Linda Woolf
Moderator
Goodell DeVries Leech & Dann
(Baltimore, MD)

Joseph Ortego
Nixon Peabody
(New York, NY)

8
TRIAL MANAGEMENT
Motions in limine, jury selection, compensatory and punitive damages

Bobby Hood
Moderator
Hood Law Firm
(Charleston, SC)

Lee Hollis
Lightfoot Franklin & White
(Birmingham, AL)

Keith Phoenix
Sandberg Phoenix & von Gontard
(St. Louis, MO)

9
CASE AND COUNSEL MANAGEMENT E
with a focus on Catastrophic Injury Cases

Mike O'Donnell
Moderator
Wheeler Trigg Kennedy
(Denver, CO)

John Fitzpatrick
LeClairRyan
(Richmond, VA)

Bob Monnin
Thompson Hine
(Cleveland, OH)

Skip Hudgins
Weinberg Wheeler Hudgins Gunn & Dial
(Atlanta, GA)

2:40p

John
Worden

Morgenstein & Jubelirer

San Francisco, CA
TRYING AND WINNING COVERAGE AND OTHER COMPLEX COMMERCIAL CASES
When you have a high SIR, retro or captive, you are in the insurance coverage litigation business

These cases are fundamentally different from your run-of-the-mill tort and product cases. They are marked by high exposure and potentially catastrophic consequences. Attention to burden of proof, choice of law and other factors, together with the use of focus groups and mock trials mark these cases for special attention. Trial lawyer John Worden shares his experience in engaging and persuading jurors to see things your way.
3:00p

Steve
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. Trial lawyer Steve Johnson tells us how to pursue uninsured losses and deal with problems posed by large subrogation claims.
3:20p

Banks
Sewell

Lightfoot Franklin & White

Birmingham, AL
STOPPING THE SERIAL (LITIGATION) KILLER
Organizing, managing, staffing and defending serial litigation. Standardizing discovery, allocating responsibilities for functional aspects of the cases across a national team. Courting and caring for fact and expert witnesses to be used repeatedly. Trial lawyer Banks Sewell summarizes principles of national coordination in a nutshell.
AN HOUR OF ETHICS IN A NEW YORK MINUTE
3:40p

Jeff
Parsons

Beirne Maynard & Parsons

Houston, TX
WITH LIBERTY AND JUSTICE . . . UNDER SIEGE
Justice-bashing as an alarming trend -- What must be done now
Trial lawyer Jeff Parsons examines the recent and alarming upsurge in lawyer-, judge- and justice-bashing, comparing it with dangerous historical precedents. He advocates education to prepare the public in advance for justice bashers and to impair their recruiting potential. He examines our country's founding fathers' belief in justice as one of three essential cornerstones of our democracy; our nation's historical respect for and adherence to the Rule of Law; the role of the judge, the jury and higher courts in our system of jurisprudence; and the continuing role of our justice system in preserving individual liberties and our system of democratic government.
4:00p

Scott
O'Connell

Nixon Peabody

Boston, MA
CONFLICTS, WAIVERS AND OTHER THINGS THAT REALLY ANNOY ME ABOUT YOU!
How your outside counsel can have conflicts you’ve never imagined!
Trial lawyer Scott O'Connell explains that the relationship between "in-house" and "out-house" attorneys needs regular care and attention. Strains to the relationship are inevitable, and increasingly occur over the dicey and complex issues of ethical and subject matter conflicts, adversity to an affiliate and requests for waivers. Successful management of those issues requires a command of applicable ethical rules. When does a current client become a former client, and why does it matter? What are the dangers of relying on conflict waivers? When is the representation of an affiliate a conflict? How can in-house counsel stop outside lawyers from making bad law for the client in cases of issue conflict?
4:20p

Bruce
Friedman

Alschuler Grossman

Los Angeles, CA
ETHICAL IMPLICATIONS OF COUNSEL'S GATEKEEPER ROLE UNDER SARBANES-OXLEY
The beginning of the end of privilege as we know it

Trial lawyer Bruce Friedman notes that Sarbanes-Oxley addressed corporate misconduct scandals in an effort to restore investor confidence in securities markets. “Noisy Withdrawal”, the SEC’s most controversial proposal, requires attorneys to report suspected financial fraud directly to the SEC if a corporation's board of directors fails to take appropriate action following a warning of wrongdoing. We examine that "noisy withdrawal" proposal, the concern and opposition that it has evoked from the bar, and its implications for the preservation of the attorney-client privilege as we know it.
4:40p
CLOSING REMARKS

Susan Artinian -- 2005 Chair
Dykema
Detroit, MI

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 over 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 30 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 Complimentary Tuition Purposes)


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

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