Excellence in Litigation Management
Tools, Tips and Techniques




November 10-13, 2005


The Sanctuary at Kiawah Island
"America's Newest and Most Luxurious Resort"
South Carolina

Located along the pristine shores of Kiawah Island, South Carolina,
this exquisitely designed luxurious hotel, just thirty minutes from downtown Charleston,
captures the spirit, history, and charm of southern hospitality.

The island is a hidden secret and serves as one of America's
most beautiful natural environments.
The Sanctuary, a new ultra-luxurious hotel and spa,
serenely captures the natural beauty of Kiawah Island.




Special Event for Spouses / Significant Others
Friday, November 11, 10:00am
Charleston Sightseeing, Shopping and Hood Home Brunch Tour
Busses board at 10:00am for a picturesque tour of Charleston, shopping and a fabulous brunch at the home of Bobby and Bernie Hood. The tour will include the original Federal Courthouse, where the Declaration of Independence was read to the local citizens. This is a full-day event and will be joined by the afternoon Charleston City Tour group.

 

THURSDAY, NOVEMBER 10, 2005
Thu -- 7:00p
Welcome! Poolside Opening Reception and Dinner

Thu -- 10:00p
Hospitality Suite and TRIAL.COM Hold 'Em Poker Tournament
Cigars, Wine, Munchies and Lots of Talk - Ashley/Cooper Suite
FRIDAY, NOVEMBER 11, 2005
Fri -- 7:00a
Continental Breakfast at the Grand Oaks Ballroom West Foyer
Fri -- 8:00a
OPENING REMARKS - GRAN OAKS BALLROOM A&B

Susan Artinian -- 2005 Chair
Dykema
Detroit, MI
Fri -- 8:10a
WELCOME FROM SEMINAR CO-CHAIRS

Scott O'Connell
Nixon Peabody;
Boston, MA

Mark Miller
Wildman Harrold; Chicago, IL
Fri -- 8:20a

Bobby
Hood

Hood Law Firm

Charleston, SC
KILLER CROSS EXAMINATION
Veteran trial lawyer Bobby Hood tells us about neutralizing and destroying fact and expert witnesses during discovery and trial. The elements of effective witness interrogation and credibility testing.
Fri -- 8:40a

James
Miller

Akerman Senterfitt

Miami, FL
HOW THE JURY SEES IT
Jurors are telling us things from the moment they arrive for voir dire, and even before. Legal education and training can be an impediment to hearing what they are telling us, verbally and non-verbally. Trial lawyer Jim Miller discusses his use of focus groups aided by professionals with social science backgrounds to help filter out the noise and bring out the jury's voice.
Fri -- 9:00a

Rod
Heard

Wildman Harrold
Chicago, IL
JURORS UNSILENCED AND ASKING QUESTIONS
A majority of jurisdictions hold that a trial judge can allow questions from the jury, but few judges do. The trend is to allow questions. Trial attorney Rod Heard shares his experience in dealing with loss of objectivity, over-involvement, and improper questions. Procedural bases for allowing questions, instructions concerning what kinds and scope of questions can be asked, when questions can be asked, whether questions can be asked directly of the witnesses or only put to the judge, and whether in writing or oral. Actual experience with juror questions.
Fri -- 9:20a

Keith
Phoenix

Sandberg, Phoenix & von Gontard
St. Louis, MO
INJURY MAY NOT BE AS CATASTROPHIC AS IT IS MADE TO APPEAR
Combat-tested trial lawyer Keith Phoenix brings us a case study involving a brain-damaged plaintiff who won a $5 million settlement against two defendants but took nothing from a target defendant. Discussion of how family members and a forensic psychologist were used by the defense and how plaintiff’s treating doctor was positioned to abandon an earlier brain injury diagnosis. After being confronted with the 'new' defense and other developments, the plaintiffs dismissed their lawsuit and then faced a fraud investigation by the federal government.
Fri -- 9:40a

Linda
Woolf

Goodell DeVries Leech & Dann
Baltimore, MD
DYNAMICS OF COMMUNICATIONS AMONG LARGE CORPORATE INSUREDS AND THEIR MULTI-LEVEL INSURERS IN LARGE LOSS CASES
Trial attorney Linda Woolf, veteran of two decades of insurance coverage litigation, speaks to the issue of communications among and obligations owed by insurers and insureds in complex litigation, involving multiple levels of coverage spanning multiple coverage periods.
Fri -- 10:00a

John
Fitzpatrick

LeClairRyan

Richmond, VA
GENERAL COUNSEL’S BEST TRIAL LAWYER INTERVIEW METHODS
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? Miracle worker and celebrated 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.
Fri -- 10:20a
Coffee and Refreshment Break
Fri -- 10:50a

Ken
Mills

Blake Cassels & Graydon

Canada

CRITICAL THINGS YOU NEED TO KNOW ABOUT CONDUCTING AMERICAN LITIGATION INVOLVING CANADIANS
If you find yourself north of the border there are several key differences from what you may be used to in the United States when litigating in Canada. Canada trial lawyer Ken Mills provides a primer on topics ranging from deposition of Canadian witnesses for U.S. proceedings to the unwillingness of Canadian courts to award substantial punitive damages or readily embrace jury trials in civil cases.

Fri -- 11:10a

Bob
Kerrigan

Deutsch Kerrigan & Stiles
New Orleans, LA


LESSONS LEARNED FROM HURRICANE KATRINA AND THE NEW ORLEANS EXPERIENCE
Forget what you thought you knew about disaster recovery and business continuity planning. Hurricane Katrina and the New Orleans Experience have just made everything you thought, knew, planned, said and wrote obsolete. You need a new book -- a book that expands your horizons beyond the traditional scope of planning on a building-, block-, neighborhood-, or even city-wide basis. Your new book needs a national perspective. When the floor drops out from beneath you, your people and your operations need to be harnessed to support points states and even time zones away. Fresh from New Orleans, senior partner and trial lawyer Bob Kerrigan tells it like it is.

Fri -- 11:30a

Gwyn
Quillen

Alschuler Grossman
Los Angeles, CA


PITFALLS TO AVOID WHEN INVESTIGATING EMPLOYEE WRONGDOING
Trial lawyer and former Ninth Circuit U.S. Court of Appeals clerk Gwyn Quillen outlines necessary pre-interview disclosures to be made to employees, the issue of separate counsel, duties in the event of disclosure of bad facts, the obligations regarding disclosure of investigation results to the government, and recent case law regarding privilege while making disclosure to the government.
Fri -- 11:50a

John
Entenman

Dykema
Detroit, MI

IN-HOUSE RESPONSIBILITIES WHEN UNIONS ORGANIZE
What you can and what you can't do while staying within the law. Advising management when unions organize. John Entenman brings more than 30 years experience to the podium based on his representation of professional athlete associations, automotive industry suppliers, hospitals and other companies. You'd be surprised what's prohibited but maybe even more surprised by what's allowed.
Fri -- 12:10p

Kelly
Corr

Corr Cronin Michelson Baumgardner & Preece
Seattle, WA
HIGH PROFILE CASES: LITIGATION TACTICS AND MEDIA THEMES
Whether it's the DC Sniper Civil Litigation, the Seattle Newspaper Wars, Courtney Love v. Nirvana, foster care class actions, or the biggest bankruptcy in state history, Former Assistant U.S. Attorney Kelly Corr discusses litigation jugular strikes and means to get messages across quickly and effectively.
Fri -- 12:30p

Steve
Kravit

Kravit, Hovel, Krawczyk & Leverson
Milwaukee, WI
WACKY CLAIMS AND INSURANCE BAD FAITH
You will be "bad faith" tripping with former Assistant U.S. Attorney Steve Kravit as he discusses unusual claims that can lead to unexpected coverages. Whether you defend coverage claims, or seek coverage in unusual situations, tips and traps to prevent, or exploit, bad faith will be analyzed.

Fri -- 1:10p

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Ocean Course Golf at Turtle Bay
Kiawah Island is a golfer's paradise with five competitively designed master golf courses. In fact, Kiawah Island Golf Resort is the only resort in the country that has three courses ranked on Golf Digest's list of "America's Top 75 Resort Courses," and Conde Nast Traveler recently listed the Resort among the top "50 Golf Resorts Worldwide."
Charleston City Tour
The cultural capital of the South, Charleston, South Carolina has become one of the most popular travel destinations in the country. Founded in 1670, Charleston has endured many trials and tribulations, including fires, hurricanes and the Civil War, only to emerge more splendid and glorious than ever. Charleston's natural beauty, Old World charm, numerous historic structures and location on a low-lying peninsula between the Cooper and Ashley Rivers have earned the city accolades. In 2002, Charleston ranked ninth on Travel and Leisure magazine's "Top City in the United States and Canada" while the exclusive Conde Nast Traveler magazine named Charleston the "Number Three City to Visit in America."
Kiawah Island Cycling Photography Tour
Explore the five major eco-systems by bicycle with the Kiawah Island naturalists and capture the memories through photography with our expert staff photographer. Cameras will be provided, but amateur photographers are welcome to bring more hi-tech equipment.
The Sanctuary Spa
Indulge at the New Spa at The Sanctuary at Kiawah Island. Your Personal Haven -- The Spa's charming setting, combined with traditional Southern hospitality, is reflected in our Lowcountry offerings derived from botanical extracts, nourishing seaweed, mineral-rich mud and natural enzymes. Kiawah's vast coastline and lush greenery were the inspiration behind several of our signature treatments. Time stands still as you heed the soft call of the ocean waves and tinkling garden chimes as you sink into your spa experience, then awaken in a soothing state surrounded by tranquil sounds and scents. Lowcountry features such as trickling water, gracious light, natural wood and rich slate, impart the sense of a grand Southern porch and garden, traditionally a comfortable retreat for relaxing and reviving.
Tennis
Come and play at Kiawah Island's Tennis Center offering plexi-pave courts in a truly majestic setting. The full-service pro shop offers the latest in fashions for men and women, including top of the line shoes and state of the art tennis racquets. Our resident tennis pro will organize a variety of tournaments for both avid and casual competitors, with an emphasis on fun and participation.
Fri -- 6:30p
Busses Board

Fri -- 7:00p

Dinner

Lowcountry Oyster Roast & Barbecue at Mingo Point
The beautiful riverside setting at sunset provides a scenic backdrop for the traditional fare of our famous Lowcountry barbecue with a pig-pull and a Carolina oyster roast. Fresh peel-and-eat shrimp, barbecue chicken, ribs, coleslaw, molasses baked beans, desserts and more will be waiting for a dining experience you'll never forget. And, during dinner, enjoy live music to the melodies of the coastal area's finest Bluegrass musicians..

Fri -- 10:00p

Hospitality Suite and Texas Hold 'Em Poker Tournament
Cigars, Wine, Munchies and Lots of Talk - Ashley/Cooper Suite
SATURDAY, NOVEMBER 12, 2005
Sat -- 7:00a
Continental Breakfast at the West Ballroom Foyer
Sat -- 8:00a
WELCOME FROM SEMINAR CO-CHAIRS

Scott O'Connell
Nixon Peabody;
Boston, MA

Mark Miller
Wildman Harrold; Chicago, IL
Sat -- 8:10a

Julia
McCalmon

Thompson Hine

Washington, DC
LITIGATION RELATING TO IMPORT AND EXPORT ENFORCEMENT ACTIONS
The Bush Administration has stepped up enforcement of import and export laws. The area is highly active, including with litigation brought by the government at the administrative level and in the courts, as well as by private parties seeking redress after a penalties have been imposed by the government. International Trade and Customs Practice Group Leader Julia McCalmon focuses on legal issues, and how the parties involved in the import and export supply chain and interrelate. She also addresses how management and avoidance of enforcement actions through global trade compliance programs.

Sat -- 8:30a

Joseph
Ortego

Nixon Peabody

New York, NY
E-DISCOVERY: YOU THOUGHT YOU HEARD THE LAST WORD
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.

Sat -- 8:50a

Jack
Sharman

Lightfoot Franklin & White

Brimingham, AL
DOCUMENT DESTRUCTION, CRIMINAL PROSECUTION AND SPOLIATION CLAIMS
Jack Sharman, formerly Special Counsel to the House Banking Committee, including for the Whitewater Investigation, examines the U.S. Supreme Court's recent reversal of Arthur Andersen's conviction for obstruction of justice based upon document destruction. That case has broad implications for sanctions in civil lawsuits, and for how juries perceive businesses at trial. Corporate counsel are the first line of defense when such questions arise, and need practical advice about how to avoid criminal and civil spoliation issues -- pre-lawsuit, pre-trial and at trial.
Sat -- 9:10a

Tom
Myrick

Moore & Van Allen
Charlotte, NC
JURY VOIR DIRE: USE AND MISUSE
Weeding out prejudiced jurors can be as important as the case you put before them. Effective jury selection establishes credibility and sells your case. Focus groups, background investigations, and juror questionnaires are some of the tools trial lawyer Tom Myrick finds effective in this first strike opportunity.
Sat -- 09:30a

Tom
Allen

Weinberg Wheeler Hudgins Gunn & Dial
Atlanta, GA
TOXIC TORT LITIGATION: EXPOSURE AND DISEASE
Exposure measurement and dose-response, threshold exposures, de-emphasis on mathematical precision, quality of quantification, surrogates for exposure levels, exposure simulation and dose reconstruction studies, pros and cons of mathematical modeling, relevance of odor detection information, symptom correlation, co-worker testimony, MDS sheets, raw material specifications, and when measurement is unnecessary.
Sat -- 9:50a
Coffee and Refreshment Break
Sat -- 10:20a

David
Harris

Lowenstein Sandler

Roseland, NJ
HOW MUCH IS YOUR INTELLECTUAL PROPERTY WORTH?: A CLIENT'S AND LAWYER'S PERSPECTIVE
Lowenstein & Sandler Litigation Department Chair David Harris presents a case study on the need to protect intellectual property against a clever and recalcitrant infringer. Costs of persistent protection as well as related legal and business strategies.

With Roger Jackson
Sat -- 10:40a

Warren
Platt

Snell & Wilmer

Phoenix, AZ
ETHICS
WHO'S MY CLIENT: THE BOARD, THE CEO, THE GENERAL COUNSEL OR THE INSIDE SUPERVISING ATTORNEY?

In a world of internal investigations, outside director concerns, SEC and other government agency compliance issues, there are often competing or contradictory policy issues. When that occurs, who is the client and what communications are privileged? The correct answer is not often obvious. Senior Trial Lawyer Warren Platt talks about his experience with the heads of some of America's largest companies.
Sat -- 11:00a

Jeff
Parsons

Beirne Maynard & Parsons
Houston, TX
ETHICS
WITH LIBERTY AND JUSTICE UNDER SIEGE

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.
Sat -- 11:20a

Tracy
Van Steenburgh

Halleland Lewis Nilan & Johnson

Minneapolis, MN
ETHICS
PERSONALITY AND INTEGRITY TESTING

Trial attorney Tracy Van Steenburgh explores the advantages and pitfalls of integrity and personality testing in screening employees. Although helpful in reducing employee turnover and improving employee performance, it may also violate state statutes, the Americans with Disabilities Act and other laws. Find out how to do it right.
Sat -- 11:40a

Glenn
Coe

Rome McGuigan

Hartford, CT
PUNITIVES -- THE TROJAN HORSE IN ARBITRATION
Trial lawyer Glenn Coe examines recent case upholding an arbitral award of punitive damages without compensatory damages and discusses the potential for such arbitration awards to avoid constitutional due process limitations on punitives adopted by the U.S. Supreme Court in the BMW v. Gore.
Sat -- 12:00p
CLOSING REMARKS BEFORE BREAK-OUT SESSIONS

Susan Artinian -- 2005 Chair
Dykema
Detroit, MI
Sat -- 12:05p (40 Min.)

BREAK-OUT SESSIONS
A

LITIGATION MANAGEMENT
Room: Terrace Ballroom A

Moderated by:
Alex Marconi
Snell & Wilmer

with discussion by:
Jeff Ment
Rome McGuigan

Craig Merkle
Goodell DeVries Leech & Dann

Ellen Darling
Snell & Wilmer

Michele Suggs

Mike Fried

William Scarff

B

LITIGATION MANAGEMENT
Room: Terrace Ballroom B

Moderated by:
Tony Lathrop
Moore & Van Allen

 

with discussion by:
Banks Sewell
Lightfoot Franklin & White

Steve Johnson
Hecker Brown Sherry and Johnson

Robert Scurfield

Atiba Adams

C

LITIGATION MANAGEMENT
Room: Grand Oaks C

Moderated by:
Rod Heard
Wildman Harrold

with discussion by:
Christine Welstead
Akerman Senterfitt

Bruce Friedman
Alschuler Grossman

Tom Tardy
Forman Perry Watkins Krutz & Tardy

Chuck Stauber
Co-Chair

D

COMMERCIAL LITIGATION
Room: Grand Oaks D

Moderated by:
John Worden
Morgenstein & Jubelirer

with discussion by:
Terri Kimker
Halleland Lewis Nilan & Johnson

Kevin Fitzgerald
Nixon Peabody

Bec Edelson
Alschuler Grossman

Gord McKee
Blake Cassels & Graydon

Dan Stephenson
Dykema

Karim Kaspar
Lowenstein Sandler

E

CATASTROPHIC INJURIES
Room: Heron I

Moderated by:
Michael O'Donnell
Wheeler Trigg Kennedy

with discussion by:
Chloe Dallaire
Weinberg Wheeler Hudgins Gunn & Dial

Jack Urquhart
Beirne Maynard & Parsons

Teresa Bartosiak
Sandberg Phoenix & von Gontard

Tony White
Thompson Hine

Jon Nygaard

John Moore

Bob Minick

F

EMPLOYMENT LITIGATION
Room: Heron II

Moderated by:
David Nagle
LeClairRyan

with discussion by:
Hal Morlan
Akerman Senterfitt

Ted LeClercq
Deutsch Kerrigan & Stiles

Molly Craig
Hood Law Firm

Will Carroll
Morgenstein & Jubelirer

Andrew Upton

Ellen Duffy

Sat -- 1:15p

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Turtle Point Golf Tournament
Kiawah Island is a golfer's paradise with five competitively designed master golf courses. In fact, Kiawah Island Golf Resort is the only resort in the country that has three courses ranked on Golf Digest's list of "America's Top 75 Resort Courses," and Conde Nast Traveler recently listed the Resort among the top "50 Golf Resorts Worldwide."
Lunch Cruise on the Island Breeze
Fun and informative, the Island Breeze will explore the pristine lowcountry waters abound with wildlife. Dolphins will frolic alongside the boat as we cruise past shrimp boat fleets, including several boats used in the film "Forrest Gump" and the historic village of Rockville, a living monument to the Old south. Your captain describes locale lore and history while you take in the gorgeous views and enjoy our scrumptious lunch buffet. (Limit: 100)
The Sanctuary Spa
Indulge at the New Spa at The Sanctuary at Kiawah Island. Your Personal Haven -- The Spa's charming setting, combined with traditional Southern hospitality, is reflected in our Lowcountry offerings derived from botanical extracts, nourishing seaweed, mineral-rich mud and natural enzymes. Kiawah's vast coastline and lush greenery were the inspiration behind several of our signature treatments. Time stands still as you heed the soft call of the ocean waves and tinkling garden chimes as you sink into your spa experience, then awaken in a soothing state surrounded by tranquil sounds and scents. Lowcountry features such as trickling water, gracious light, natural wood and rich slate, impart the sense of a grand Southern porch and garden, traditionally a comfortable retreat for relaxing and reviving.
Tennis
Come and play at Kiawah Island's Tennis Center offering plexi-pave courts in a truly majestic setting. The full-service pro shop offers the latest in fashions for men and women, including top of the line shoes and state of the art tennis racquets. Our resident tennis pro will organize a variety of tournaments for both avid and casual competitors, with an emphasis on fun and participation.
Sat -- 7:00p

Dinner
Barbecue Dinner Feast
Grand Oaks A, B, C, D
Sat -- 10:00p
Hospitality Suite and Texas Hold 'Em Poker Finals
Cigars, Wine, Munchies and Lots of Talk - Ashley/Cooper Suite
SUNDAY, NOVEMBER 13, 2004
Sun -- 8:30a
Business Meeting For Network Member Firms:
Breakfast Meeting - Terrace Ballroom A&B


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 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.



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