LITIGATION MANAGEMENT
ROUNDUP

November 1-4, 2007


Hyatt Regency at Gainey Ranch
Scottsdale, AZ





Set amidst flowering cactus and framed against the majestic McDowell Mountains
lies the Hyatt Regency Scottsdale Resort and Spa at Gainey Ranch.

Here, breathtaking desert vistas blend with intriguing Native American culture and
pampering amenities to create an experience designed to please every guest.

Special Events for Spouses and Significant Others
Executive Chef Cooking Demonstration
FRIDAY, NOV. 2, 10:00AM - AZ Ballroom VIII
Join the Hyatt Regency's Executive Chef as he demonstrates the fine art of prepapring stuffed crepes and blintzes with assorted sauces that will be sure to whet any appetite.
Book Signing and Discussion with Author Maureen Meehan Aplin
SATURDAY, NOV. 3, 10:00AM - Dunes B
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 1, 2007
Thu -- 7:00p
Opening Reception and Dinner at the Terrace Court

Thu -- 10:00p
Hospitality Suite
Wine, Munchies and Lots of Talk - Room 2095
FRIDAY, NOVEMBER 2, 2007
Fri -- 7:30a
Continental Breakfast and Registration - Regency Foyer
Fri -- 8:30a
OPENING REMARKS

Joe Ortego -- 2007 Chair
Nixon Peabody
New York, NY
Fri -- 8:35a
WELCOME FROM SEMINAR CO-CHAIRS

Tony White
Thompson Hine
Columbus, OH

Mark Miller

Wildman Harrold
Chicago, IL
Fri -- 8:40a

Kelly
Corr

Corr Cronin Michelson Baumgardner & Preece
Seattle, WA
HIGH PROFILE LITIGATION WITH HISTORIC IMPACT
Seminal litigation with decisions that make new law can change the course of history with huge impacts on local economies.  A consistent theme adopted from the start, hammered home at every opportunity, can spell success despite overwhelming odds and powerful, well-funded opposition.  The truth is a litigant’s strongest ally and should be clarified, embraced and championed throughout.  Trial lawyer Kelly Corr has recently concluded such a case with numerous appeals and several years of litigation resulting in the preservation of an established commercial institution dating back to the Yukon Gold Rush.
Fri -- 9:00a

John
Sandberg

Sandberg Phoenix & vonGontard
St. Louis, MO
MISTAKES IN PREPARING AND PRESENTING CORPORATE DESIGNEES
Who tells the story and how it’s told is as important as the story itself.  Trial lawyer John Sandberg distills his experience from hundreds of corporate designee depositions and gives us the best and worst he’s heard and seen, complete with videos.
Fri -- 9:20a

Steve
Mooney

Weinberg Wheeler Hudgins Gunn & Dial
Atlanta, GA
TRIALS, TRIBULATIONS AND TRAVAILS
Always funny, often entertaining, trial lawyer Steve Mooney puts humor aside (for a moment) to present some of the best, and worst trial strategies and victories.  Funny is an understatement.
Fri -- 9:40a

Warren
Platt

Snell & Wilmer
Phoenix, AZ
THE JURY'S CHANGING FACES: PROFILES OF OUR NEW DECISION MAKERS
Selecting jurors on the basis of “gut feeling, instinct, and ‘I know them when I see them’ ” tactics is becoming increasingly risky. Differing life experiences are shaping attitudes and presumptions in vastly different ways. Children of the new millennium have different views than Gen X’ers and baby boomers on virtually everything. Smoke out likely views and making sure your message comes across is the goal. Trial lawyer Warren Platt brings his exceptional high stakes trial experience to bear on this emerging issue.
Fri -- 10:00a

Hugh
Gottschalk

Wheeler Trigg Kennedy
Denver, CO
LITIGATION RISK ANALYSIS: MORE THAN ROLLING THE DICE
Every client evaluates cases. Do we have a "good" chance of winning? What's the risk of a "big" verdict? What's the settlement value? Hugh Gottschalk has been trying cases for Fortune 500 companies for more than 25 years, and working to find more reliable ways to evaluate and quantify risk, as well as to determine technically defensible settlement values. Hugh will provide an overview of the widely acclaimed Decision Tree methodology, and share his experiences using decision trees to evaluate cases and develop business model-like approaches to settle/try decisions.
Fri -- 10:20a
Coffee and Refreshment Break
Fri -- 10:50a

Mary Jane
Stitt

Blake, Cassels & Graydon
Canada
EMERGING EXPOSURES IN CANADIAN PRODUCT LIABILITY LAW THAT EVERY U.S. MANUFACTURER NEEDS TO UNDERSTAND
Canadian courts are expanding potential exposures for defendants in product liability class actions, permitting law suits to proceed claiming pure economic loss in tort and disgorgement of profits that would not be maintainable in U.S. or foreign jurisdictions.  Trial lawyer Mary Jane Stitt will discuss recent developments with potentially significant negative implications for U.S.-based manufacturers whose products are used in Canada, highlighting insurance coverage issues under Canadian law for these new claims.
Fri - 11:10a

Jack
Sharman

Lightfoot Franklin & White
Birmingham, AL
ELECTRONIC DOCUMENTS, BUT REAL MONEY: CONTROLLING E-DISCOVERY COSTS
Businesses spend millions each year responding to electronic discovery requests. Are costs out of control? Can value and ROI be measured for electronic-discovery expenses? To what risks are companies exposed? What roles should outside counsel, vendors and technology play? Trial lawyer Jack Sharman walks through a practical, step-by-step process designed to help you get the most bang for your e-discovery buck.
Fri - 11:30a

Denise
Lazar

Wildman Harrold
Chicago, IL
LITIGATION CONSIDERATIONS WHEN OUTSOURCING TO CHINA AND ELSEWHERE
Every substantial North American company is either doing business in China, going to be doing business in China or doing business with another company with strong China connections.  China’s legal system and jurisprudential culture present challenges and surprises to the uninitiated.  In addition to getting the deal done, in-house counsel face added responsibilities for protecting the company not usually present in domestic transactions.  From lead paint in children's toys to copyright piracy, U.S. companies face increased risks.  Trial lawyer Denise Lazar will discuss pitfalls and protective steps available to companies outsourcing work to other countries, with a focus on China.
Fri - 11:50a (40 min.)

Moderated By:
Rod
Heard

Wildman Harrold
Chicago, IL

PANEL DISCUSSION ON
ARBITRATION: IS IT BROKEN? CAN IT BE FIXED?

What’s wrong with arbitration and why do draftspersons resist it? Our panel of experienced litigators will examine the state in which we find arbitration today and consider how it got there. Trials are expensive, prolonged, and polarizing. But is arbitration any better? Our panel will analyze the arbitration processes and suggest a course for redemption.



Sawnie McEntire
Beirne Maynard & Parsons
Eric Liebeler
Honeywell International
David Harris
Lowenstein Sandler

Fri -- 1:00p

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Golf Tournament
Welcome to a golfer's paradise in the Valley of the Sun, where 27 holes of championship golf await you. Surrounded by incredible scenery, under beautiful blue skies, Gainey Ranch offers a year-round exciting challenge for golfers of any skill level. Each of the three distinct nine-hole courses of our Scottsdale golf resort, designed by Benz and Poellot, offers a different experience for players.
Desert Jeep Tour
Climb aboard our rugged 4-wheel drive, open-air jeeps and Blazers for the "western experience" of a lifetime. Witness the awesome grandeur of the Sonoran Desert as your friendly Cowboy guides gently bounce your group through a maze of cactus-lined trails and desert riverbeds. Your guides will spin yarns of the Old West and teach you the survival techniques used by our Native American Indians centuries ago.
Horseback Riding
Travel along with our knowledgeable cowboy and cowgirl guides along the picturesque wilderness trails of Arizona. We'll take you where civilization is a faint memory and yet still have you back in plenty of time for our Network dinner. This is a great starting experience for those who want to join our City Slickers Cattle Drive tomorrow.
The Spa Avania
It’s your body’s fundamental daily journey toward balance — and it’s the foundation for everything we do at Spa Avania. Against the vibrant hues of the Arizona desert comes the first Scottsdale spa resort where every detail has been seamlessly choreographed to the science of time. A uniquely holistic approach that bases your total-immersion experience on the inescapably cyclical needs of your body at key periods of the day.
Fri -- 6:30p
Busses Board

Fri -- 7:00p

Dinner

Dinner at Mummy Mountain
The most delicious, abundant, succulent western BBQ ever!

Fri -- 10:00p

Hospitality Suite
Wine, Munchies and Lots of Talk - Room 2095
SATURDAY, NOVEMBER 3, 2007
Sat -- 7:30a
Continental Breakfast - Regency Foyer
Sat -- 8:30a
WELCOME FROM SEMINAR CO-CHAIRS

Tony White
Thompson Hine
Columbus, OH

Mark Miller

Wildman Harrold
Chicago, IL
Sat -- 8:40a

Jerry
Glas

Deutsch Kerrigan & Stiles
New Orleans, LA
ATTACKING MEDICAL STUDIES AND STATISTICAL ASSOCIATIONS
Medical experts often rely on studies and statistics to link an event with an injury and, in turn, to an impairment.  Successful defense counsel distinguish mere “associations” from proof of causation.  Trial lawyer Jerry Glas shows you how to find the buried treasure in every medical study.  Defense counsel can roll-up their sleeves and dig for demographic tables, exclusion criteria, confounding variables, and tests for statistical significance.  And experts don’t always tell the whole story. Defense counsel can discover information that was hidden about a study, and use that information during cross-examination.
Sat -- 9:00a

Larry
Gwaltney

Moore & Van Allen
Charlotte, NC
NOT IF I SUE YOU FIRST: DEFENDANT CLASS ACTIONS
Things companies do invite class action litigation.  But what if you sue first?  Trial lawyer Larry Gwaltney presents legal and practical tips in bringing a defendant class action and effecting significant reductions in balance sheet liability in the process.
Sat -- 9:20a

Philip
Sykes

Forman Perry Watkins Krutz & Tardy
Jackson, MS
MISSISSIPPI'S REVERSAL OF FORTUNE: FROM JUDICIAL HELLHOLE TO PRO-BUSINESS -- AND HOW TO DO IT IN YOUR JURISDICTION
Trial lawyer Phillip Sykes will provide an overview of Mississippi's evolution from a historically pro-business state to judicial hellhole in the mid-1990's through early 2000's and its return to a pro-business condition. Judicial and legislative reform, combined with an aggressive public relations campaign have turned the tide of litigation there.  This case study will provide practical recommendations that defense lawyers and their clients can use in other dangerous jurisdictions.
Sat -- 9:40a

Kevin
Zielke

Dykema
Detroit, MI
REACHING TODAY'S JUROR: HIGH-TECH TRIAL TIPS AND TECHNIQUES
As television and the Internet have become the principal, if not the exclusive, source of news and information for many Americans, trial attorneys have had to develop trial preparation and presentation techniques that command the attention of today's jurors while effectively communicating key messages on complicated subject matter.  Trial lawyer Kevin Zielke examines high-tech trial techniques from opening statements to witness examination and closing argument.
Sat -- 10:00a
Coffee and Refreshment Break
Sat -- 10:30a (40 min.)

Moderator:
Craig
Merkle

Goodell DeVries Leech & Dann
Baltimore, MD
PANEL DISCUSSION: NEW TRIAL TECHNOLOGIES
“Jury Guru”, a proprietary software application developed by trial lawyer Jerry Glas, takes the mystery and guess-work out of juror selection, strike decisions and peremptive challenges.  Today's trial lawyer has to walk a fine line between effective presentation tools and over-glitz.  Jurors expect some razzle dazzle but are very comfortable with flip charts.  What’s available and when to use what will be our topic, with lots of demonstrations and examples.  Prepare for some entertainment.


Jerry Glas
Deutsch Kerrigan & Stiles
Sat -- 11:10a (60 Min.)

BREAK-OUT SESSIONS

A

LITIGATION MANAGEMENT
Room: Regency E

Moderated by:
Joel Hoxie
Snell & Wilmer

with discussion by:
Bobby Hood, Jr.
Hood Law Firm

Andrew Upton
Director, Assoc. General Counsel

Mark Dapier
General Counsel

B

LITIGATION MANAGEMENT
Room: Regency F

Moderated by:
Lee Hollis
Lightfoot Franklin & White

 

with discussion by:
Dennis Duggan
Nixon Peabody

David Bell
Corporate Operations and Development

William Scarff
Chief Litigation Counsel

C

LITIGATION MANAGEMENT
Room: Regency G

Moderated by:
Ken Mills
Blake Cassels & Graydon

with discussion by:
Mark Miller
Wildman Harrold

Royce Bedward
Vice President, Legal

Shayne Brown
Associate General Counsel

D

INSURANCE COVERAGE LITIGATION MANAGEMENT
Room: AZ Ballroom VI, VII, VIII

Moderated by:
John Worden
Schiff Hardin

 

with discussion by:
Linda Woolf
Goodell Devries Leech & Dann

Henry Williams
Senior Vice President

Sat -- 1:00p

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Golf
Welcome to a golfer's paradise in the Valley of the Sun, where 27 holes of championship golf await you. Surrounded by incredible scenery, under beautiful blue skies, Gainey Ranch offers a year-round exciting challenge for golfers of any skill level. Each of the three distinct nine-hole courses of our Scottsdale golf resort, designed by Benz and Poellot, offers a different experience for players.
Funwater Float River Rafting
Paddle your way down a river teaming with spectacular wildlife and fantastic desert landscape. Not to worry -- this is a flatwater river adventure, perfect for all, from beginner to expert. You and your crew paddle in our guided raft under the guidance of our professional guides. The only requirement being everyone is ready to have an exciting fun filled river adventure.
City Slickers Cattle Drive
Head 'em up! Move 'em out! This authentic Western adventure will satisfy the cowboy in every heart. Fulfill your Wild West dreams in the mountainous terrain of the rugged desert landscape. Accompanied by an experienced wrangler, you’ll follow the trails on horseback in search of wayward cattle on the authentic cattle drive through the Sonoran desert. Become a cowhand for the day and ride the open range to your heart’s content.
The Spa Avania
It’s your body’s fundamental daily journey toward balance — and it’s the foundation for everything we do at Spa Avania. Against the vibrant hues of the Arizona desert comes the first Scottsdale spa resort where every detail has been seamlessly choreographed to the science of time. A uniquely holistic approach that bases your total-immersion experience on the inescapably cyclical needs of your body at key periods of the day.
Sat -- 7:00p

Dinner
Closing Dinner Feast - Terrace Court

Sat -- 10:00p
Hospitality Suite
Wine, Munchies and Lots of Talk - Room 2095
SUNDAY, NOVEMBER 4, 2007
Sun -- 8:30a
Business Meeting For Network Member Firms:
Breakfast Meeting


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 24 member law firms and more than 5,000 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 35 cutting-edge CLE programs on trial and litigation management topics.


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