Look! Up in the Sky! It's a Bird! It's a Plane!

LITIGATION MANAGEMENT
SUPERCOURSE RETURNS

November 2 - 5, 2006


Palm Beach, Florida





There is an art to feeling comfortable and relaxed amid so much luxury,
and that’s the beauty of The Breakers Palm Beach.

While our magnificent beachfront setting and historic architecture are inspiring,
what sets us apart is our uncompromising service. Here, every guest is honored,
every request accommodated, every stay a delight.

Special Events for Spouses / Significant Others
Friday, November 3, 10:00am
Executive Chef Cooking Demonstration
In Japanese culture, sushi is considered to be an art form because its appearance is just as important as how it tastes. Chefs from different regions of Japan roll it and arrange it on the plate according to their own styles, and they spend years learning the craft of sushi-making. The Breakers' very own sushi chef will teach you the art of making sushi in this hands-on demonstration.
Saturday, November 4, 10:00am
Book Signing and Discussion with Author Maureen Meehan Aplin
Ms. Alpin, author of the Mary MacIntosh legal thriller series, will discuss her series and latest novels for Network guests. Titles include "Geyser", "Snake River Secret", "Powder River Poison", "Pandemic Predator" and she is currently writing "Landmine". See maureenaplin.com for more information.

THURSDAY, NOVEMBER 2, 2006
Thu -- 7:00p
Opening Reception and Dinner in the Mediterranean Courtyard

Thu -- 10:00p
Hospitality Suite and TRIAL.COM Hold 'Em Poker Tournament
Cigars, Wine, Munchies and Lots of Talk - Magnolia Room
FRIDAY, NOVEMBER 3, 2006
Fri -- 7:30a
Continental Breakfast and Registration in the Magnolia Room
Fri -- 8:30a
OPENING REMARKS

Mike O'Donnell -- 2006 Chair
Wheeler Trigg Kennedy
Denver, CO
Fri -- 8:35a
WELCOME FROM SEMINAR CO-CHAIRS
Scott O'Connell
Nixon Peabody;
Boston, MA
Molly Craig
Hood Law Firm ;
Charleston, SC
Mark Miller
Wildman Harrold; Chicago, IL
Fri -- 8:40a

Kelly
Corr

Corr Cronin Michelson Baumgardner & Preece
Seattle, WA
HIGH PROFILE CASES: LITIGATION TACTICS AND MEDIA THEMES
K.I.S.S and the Achilles Heel
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. Litigation jugular strikes and means to get messages across quickly and effectively.
Fri -- 9:00a

Gord
McKee

Blake, Cassels
& Graydon

Toronto, Ontario
TOP 10 LIST: CANADA CLASS ACTIONS IMPACT U.S. COMPANIES
A Growing Threat from Our Friends to the North

What you need to know about the growth of class action litigation in Canada before it's too late. Plaintiff counsel on both sides of the border are working closely, sharing information, documents and experts, in coordinated attacks on U.S. defendants. Canada's less restrictive certification thresholds coupled with the threat of international class action litigation require that in-house counsel and insurers managing litigation develop strategies to prevent Canadian litigation from achieving results not possible in the U.S.
Fri -- 9:20a

Jerry
Glas

Deutsch Kerrigan & Stiles
New Orleans, LA
EXPERT WITNESSES AS TROJAN HORSES
Runaway Experts Can Appear in Every Case -- Defense Counsel Must Be Alert and Pro-Active to Prevent Devastating Opinion Testimony from Unqualified "Experts"

Plaintiffs always call a neuropsychologist in brain trauma cases and anecdotes invariably jump out of their mouths, including lay and medical opinion testimony, neither of which they are qualified to give. Often they move to vocational rehabilitation testimony opining as to the ability of the plaintiff to work again. Sometimes toxicologists try to testify as to accident causation in alcohol impairment cases without accident reconstruction expertise. Such experts must be expected to try to bring in the entirety of plaintiff’s case unless your defense counsel acts to prevent it. Illustrative video clips.
Fri -- 9:40a (40 min.)

Moderator:

Roger
McCleary

Beirne Maynard & Parsons
Houston, TX
PANEL DISCUSSION: RISK MANAGEMENT TECHNIQUES OF IN-HOUSE COUNSEL MANAGING LITIGATION
Business and Legal Issues Facing Litigation Managers
In-house counsel's responsibilities for setting litigation strategies in light of available insurance coverage and insurance market relationships, customer relations, employee availability, contractually-based risk shifting, early case evaluation, trial readiness committees of outside counsel, using counsel to manage repeat-use expert witnesses, consolidating discovery responses, try/settle decision analysis, testing defenses, themes and arguments before trial with moot argument before retired judges and representative jurors, managing the press in high profile litigation, and other topics

Tony Lathrop
Moore & Van Allen
Anne Dranginis
Rome McGuigan
Bob Monnin
Thompson Hine
Mark Zehler
ConocoPhillips
Andy Upton
CitiGroup
Fri -- 10:20a
Coffee and Refreshment Break in the Magnolia Room
Fri -- 10:50a

Dan
Stephenson

Dykema
Ann Arbor, MI
CHOOSING A CROSS-EXAMINATION STRATEGY BASED ON PERSONALITY AND BACKGROUND
Tailoring attacks on Expert Witnesses

Every expert witness is different. Cross examination strategies should be tailored to the case strategy, the expert’s history and personality, and the cross examiner’s style. This presentation looks at four distinct types of experts: the professional witness, the nice guy, the prolific writer and the genius. Suggestions, based on trial experience, as to handling each type of expert effectively.
Fri -- 11:10a

Bruce
Friedman

Alschuler Grossman
Los Angeles, CA
CLASS ACTION SETTLEMENT ISSUES
Making Your Settlements Stick

Making your settlement stick with proper notice, equitable damages allocations, constitutionally compliant opt-out procedures; terminating risk exposure for all time, sufficiency of the purported class so as to avoid ever having to face similar claims in the future; precluding claimants who don't know they have a claim, or are not even born. Lessons learned from asbestos, cigarettes and other attempts in mass tort to cap liability; non-pecuniary settlements, funding class counsel's attorney fees; insurance coverage issues.
Fri -- 11:30a

Terry
Sullivan

Weinberg Wheeler Hudgins Gunn & Dial
Atlanta, GA
KEEPING LAUGHTER IN YOUR CASES
Ice-breakers and mood makers that can change a case's direction

Trials are pressure-filled experiences with lots of potential consequence on the line; everyone's worried. Used in small doses, humor can be the lubricant that loosens opinions and opens doors to great results. Self-deprecation as a disarming tool, humor as a trial weapon, exposing pomposity gracefully. Examples from history's trial greats.
Fri -- 11:50a

Lee
Hollis

Lightfoot Franklin & White
Birmingham, AL
THINK YOUR CASE IS ABOUT THE MERITS? THINK AGAIN
Avoiding the Mistakes that Turn Ordinary Cases Into Discovery Sanction Litigation
The plaintiff bar is a highly automated communications network sharing old and new information about defendants across jurisdictions and practice areas. Your company's answers to interrogatories in a Minnesota products case five years ago could wind up as evidence of discovery abuse when inconsistent answers are provided to similar questions in an unrelated tort case today in Georgia. Plaintiff lawyers with threadbare damages and tenuous liability often turn to discovery inconsistencies and other perceived defense "abuses" creating "gotchas" that transform meritless garbage cases into sanction nightmares, sometimes resulting in default judgments, struck defenses or other outcomes not otherwise obtainable, expected or explainable. Hear about some of those nightmares and learn what you can do to prevent them from darkening your company's doorstep.

Fri -- 12:30p

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Golf Tournament - Ocean Course
With two championship courses, The Breakers is the destination of choice for avid golfers, as well as vacationers who enjoy the game. From the first tee until the final approach on the 18th hole, these meticulously designed courses entice and challenge golfers of all levels.
Worth Avenue Shopping
Worth Avenue known throughout the world for over a half a century as a center for understated elegance, trend setting fashion and exquisite dining. Over 200 fine shops and boutiques are available to serve to your every need to your utmost satisfaction.
Palm Beach Bike Tour and Photo Safari
Learn photography along the shores of Palm Beach with our nature photographer. Our hands-on class provides each guest with individual attention for all levels of photographic experience. Everyone will have a good time and learn how to take better photographs.
The Breakers Spa
The Spa at The Breakers brings you oceans of calming possibilities. Recognized as one of the top spas in North America, our expansive oceanfront destination pampers you with both indoor and outdoor indulgences - from stress-relieving massages to rejuvenating body wraps, revitalizing scrubs, nourishing facials and more.Tone your body in our oceanview fitness center, outdoor lap pool and whirlpool spa. Relax, rejuvenate and reawaken your senses.
Tennis
Voted one of the "top 50 tennis resorts" by Tennis Magazine, The Breakers offers tennis clinics, game matching and private lessons with USPTA/USPTR certified professionals. Perfect your game with our Network Tennis pro, Richard Block, whose tennis team recently won the USTA 3.5 Men's League Sectionals and will be competing for the National title this year in Arizona.
Fri -- 6:30p
Busses Board

Fri -- 7:00p

Dinner

Dinner at Club LaSalle at Ragtops, featuring The Blues Brothers










Fine dining awaits you at Club LaSalle at Ragtops surrounded by rare collectable automobiles from every era. After dinner, it is the distinct pleasure of the management to present to you, the evening's star attraction. Here they are back after their exclusive three year tour of Europe, Scandinavia and the sub continent. Won't you welcome from Calumet City Illinois, the show band of Joliet Jake and Elwood Blues -- The Blues Brothers! Dance the night away to their greatest hits as they welcome our TRIAL.COM guests, along with several representatives of the Illinois law enforcement community waiting for Jake and Elwood after the show.

Fri -- 10:00p

Hospitality Suite and TRIAL.COM Hold 'Em Poker Tournament
Cigars, Wine, Munchies and Lots of Talk - Magnolia Room
SATURDAY, NOVEMBER 4, 2006
Sat -- 7:30a
Continental Breakfast in the Magnolia Room
Sat -- 8:30a
WELCOME FROM SEMINAR CO-CHAIRS
Scott O'Connell
Nixon Peabody;
Boston, MA
Molly Craig
Hood Law Firm ;
Charleston, SC
Mark Miller
Wildman Harrold; Chicago, IL

Sat -- 8:40a

Joe
Ortego

Nixon Peabody
New York, NY
E-DISCOVERY: YOU THOUGHT YOU HEARD THE LAST WORD
Practical, Personal and Common Sense Approaches

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. What you need to know today to stay out of trouble tomorrow.
Sat -- 9:00a

Mary Anne
Mellow

Sandberg, Phoenix & von Gontard
St. Louis, MO
STRATEGIC IMPLICATIONS OF JOINT AND SEVERAL LIABILITY, INDEMNITY AND CONTRIBUTION
Minimizing Risk by Maximizing Your Reach Out

Most states limit joint and several liability, but many do not. Common knee-jerk reaction to a new case is to cross-claim against co-defendants and bring in third-parties for contribution or indemnity. However, strategic legal and business reasons may counsel a different course. Until juries can be instructed on the implications of joint and several liability, in-house counsel must consider all possible fallout and implications.
Sat -- 9:20a

Joel
Hoxie

Snell & Wilmer
Phoenix, AZ
IN-HOUSE COUNSEL EXPOSURE TO SEC ENFORCEMENT ACTIONS
Don't let the SEC's increased focus on in-house counsel as gatekeepers scare you

The SEC will sanction in-house counsel for conduct that would give rise to an enforcement proceeding against a non-lawyer but it won't sanction an in-house lawyer for merely giving bad advice. Sarbanes-Oxley's focus on lawyers as gatekeepers who can prevent corporate frauds will be addressed in light of several recent SEC enforcement actions: In the Matter of Google, Inc. and David C. Drummond; In the Matter of John E. Isselmann, Jr.; and In the Matter of Ira Weiss.
Sat -- 09:40a (40 min.)

Moderator:
Linda
Woolf

Goodell DeVries Leech & Dann
Baltimore,, MD
PANEL DISCUSSION: IN-HOUSE COUNSEL CALLED TO TESTIFY
That’s the Last Place You Want to Be – How Can You Avoid It, and What To Do If You Can’t
Issues to be discussed include the extent to which the attorney-client communication privilege and the work product doctrine can protect you; how activities performed by an in-house lawyer that would ordinarily or could be performed by a business person can subject an in-house attorney to deposition or trial testimony; how to assure that you are adequately represented during trial; protections afforded in-house counsel by his/her company’s bylaws and D&O insurance; exceptions for companies where in-house attorneys serve as claim representatives; exposure of lawyers working on deal teams in mergers and acquisitions when due diligence becomes an issue; cases where an “advice of counsel” defense waives privilege and puts your in-house counsel at risk of being required to testify; the Shelton Rule and situations where a lawyer is the person with the best knowledge; reasons not to designate a lawyer as your 30(b) witness. Situations where you need a lawyer to defend the validity of an investigation (e.g., employment cases). Illustrative videos.

Jim Balich
Morgenstein & Jubelirer
Paul Lavelle
LVL Claims
Alice Hector
Akerman Senterfitt
Denise Lazar
Wildman Harrold
Jeffrey Hines
Goodell DeVries
 
Sat -- 10:20a
Coffee and Refreshment Break in the Magnolia Room
Sat -- 10:50a

Walter
Boone

Forman Perry Watkins Krutz & Tardy
Jackson, MS
INSURANCE COVERAGE LITIGATION AFTER NATURAL DISASTERS
Lessons Learned in Mass Disaster Cases

The litigation landscape on the Gulf Coast has been altered just as fundamentally as the physical landscape as a result of Hurricane Katrina. Thousands of cases are currently pending, including those filed by Senator, and Former Majority Leader, Trent Lott, U.S. Representative Gene Taylor, and many federal and state court trial judges on the Mississippi Gulf Coast. One case has already gone to trial. Get an up-to-date summary of current insurance coverage litigation arising out of Hurricane Katrina, recent decisions, the legal issues being litigated.
Sat -- 11:10a

John
Fitzpatrick

LeClairRyan
Richmond, VA
DEFEATING FAILURE TO WARN CLAIMS
Winning "Indefensible" Lawsuits and Other Impossible Assignments In-House Counsel Face

There was nothing any company could have told the Navy during WWII that would have tempered its "insatiable appetite" for asbestos. Nevertheless virtually every shipyard asbestos case alleges that the product manufacturer defendant failed to warn about the dangers of asbestos. Lessons learned and how juries react to effective futility, impossibility and other defenses. Applications of winning approaches to other product litigation.
Sat -- 11:30p
CLOSING REMARKS BEFORE BREAK-OUT SESSIONS

Mike O'Donnell -- 2006 Chair
Wheeler Trigg Kennedy
Denver, CO
Sat -- 11:35a (60 Min.)

BREAK-OUT SESSIONS
A

LITIGATION MANAGEMENT
Room: Gold Room

Moderated by:
Alex Marconi
Snell & Wilmer

with discussion by:
Steve Johnson
Gibbons, Del Deo

David Harris
Lowenstein Sandler

John Moore

B

WOMEN IN-HOUSE MANAGING LITIGATION
and the Women Attorneys They Manage
Room: Gulstream 4

Moderated by:
Linda Woolf
Goodell DeVries Leech & Dann

 

with discussion by:
Teresa Bartosiak
Sandberg Phoenix & von Gontard

Tracy Van Steenburgh
Halleland Lewis Nilan & Johnson

Maureen Middleton

C

PATTERN LITIGATION MANAGEMENT
Room: Flagler Boardroom

Moderated by:
Mike O'Donnell
Wheeler Trigg Kennedy

with discussion by:
Bob Kerrigan
Deutsch Kerrigan & Stiles

Ed Murphy
Beirne Maynard & Parsons

Mike Fried

D

LITIGATION MANAGEMENT
Room: Ponce de Leon 5

Moderated by:
Bobby Hood
Hood Law Firm

 

with discussion by:
Rod Heard
Wildman Harrold

Tony White
Thompson Hine

Bob Romano

E

LITIGATION MANAGEMENT
Room: Ponce de Leon 6

Moderated by:
Mike Nilan
Halleland Lewis Nilan & Johnson

with discussion by:
Steve Kravit
Kravit Hovel Krawczyk & Leverson

Phil Whistler
Ice Miller

Bill Scarff

Paul Killeen

Sat -- 1:00p

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Golf at the Championship Course
With two championship courses, The Breakers is the destination of choice for avid golfers, as well as vacationers who enjoy the game. From the first tee until the final approach on the 18th hole, these meticulously designed courses entice and challenge golfers of all levels.
Lunch Cruise on the Lady Windridge
Welcome aboard our legendary lunch cruise as we see the wonderful sights along the Inter-coastal Waterway. Busses will board at the Breakers lobby to bring us to the Palm Harbor Marina where our captain and crew will be waiting. Enjoy the three-hour tour in the world-famous Florida sunshine.
The Breakers Spa
The Spa at The Breakers brings you oceans of calming possibilities. Recognized as one of the top spas in North America, our expansive oceanfront destination pampers you with both indoor and outdoor indulgences - from stress-relieving massages to rejuvenating body wraps, revitalizing scrubs, nourishing facials and more.Tone your body in our oceanview fitness center, outdoor lap pool and whirlpool spa. Relax, rejuvenate and reawaken your senses.
Tennis
Voted one of the "top 50 tennis resorts" by Tennis Magazine, The Breakers offers tennis clinics, game matching and private lessons with USPTA/USPTR certified professionals. Perfect your game with our Network Tennis pro, Richard Block, whose tennis team recently won the USTA 3.5 Men's League Sectionals and will be competing for the National title this year in Arizona.
Sat -- 7:00p

Dinner
Barbecue Dinner Feast

Sat -- 10:00p
Hospitality Suite and TRIAL.COM Hold 'Em Poker Finals
Cigars, Wine, Munchies and Lots of Talk - Magnolia Room
SUNDAY, NOVEMBER 5, 2006
Sun -- 8:30a
Business Meeting For Network Member Firms:
Breakfast Meeting - Gold Room


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 27 member law firms and more than 6,000 attorneys in 105 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 of Trial Law Firms
Fighting for Truth, Justice and the American (and Canadian, too) Way.



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