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LITIGATION MANAGEMENT
PAR FOR THE SUPERCOURSE
April 19-22, 2007
The Inn at Spanish Bay
Pebble Beach, California |
  
For more than 80 distinguished years,
Pebble Beach Resorts has been celebrated for its
unparalleled golf and resort facilities.
A haven of pampered relaxation and luxury,
The Inn at Spanish Bay maintains the time-honored traditions
of exemplary service and amenities.
Special Events for Spouses and Significant Others
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 Executive Chef Cooking Demonstration
FRIDAY, APRIL 20, 10:00AM
Roy Cafe's executive chef Elias Lopez will demonstrate the preparation of the ultimate brunch with an American/Asian fusion touch that you'll want to prepare at home.
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 Shopping Trip to Carmel
SATURDAY, APRIL 21, 10:00AM
Art galleries and antique shops line the streets in this beautiful little town. Our dedicated transportation shuttle will drop you off in the center of it all for a two-hour browsing and shopping adventure. Clint Eastwood used to be mayor here, so please, don't jaywalk.
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THURSDAY, APRIL 19, 2007 |
Thu -- 7:00p |
Opening Reception and Dinner in the Ballroom
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Thu -- 10:00p |
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FRIDAY, APRIL 20, 2007
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Fri -- 7:30a |
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Fri -- 8:30a |
OPENING REMARKS
Joe Ortego -- 2007 Chair
Nixon Peabody
New York, NY |
Fri -- 8:35a |
WELCOME FROM SEMINAR CO-CHAIRS
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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. What you need to know today to stay out of trouble tomorrow.
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BACKDATING STOCK OPTIONS: ANATOMY OF A CORPORATE SCANDAL
A Wall Street Journal article shining a spotlight on the unusually propitious timing of stock option grants within a handful of public companies started a process that ultimately uncovered one of the largest corporate scandals of all time. In terms of the sheer number of companies involved, this threatens to dwarf Enron and the other corporate accounting scandals that ultimately gave rise to Sarbanes-Oxley. Companies are restating financials, senior corporate officers are being fired in droves, lawsuits abound and people are going to jail. Mr. Murphy will provide an update on the status of the investigations and prosecutions currently underway at the Department of Justice, SEC and IRS. He will also talk about the anticipated future course of these investigations with special emphasis on the role of inhouse counsel in protecting their companies when serious problems like this are uncovered.
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PROTECTING AND RESTORING COMPANY INFORMATION: A primer in computer forensics and in-house counsel’s role in protecting electronic information
Insiders threaten company value by sloppy or intentional misuse of protected company information. Spotting security weaknesses and information diversions requires a comprehensive program of conscientiously applied inspections, testing, training and reporting. Computer forensic tools can help detect information transfers to external media, track-covering file and log deletions, and other cover-ups as well as retrace storage media histories and restore deleted and over-written files like restoring layers to an onion. The new tort of spoliation.
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 WHAT IN-HOUSE COUNSEL WANT AND HOW TO GIVE IT TO THEM
Decision-making at the in-house counsel level. Why in-house counsel make the decisions they do. Factors driving in-house counsel’s litigation strategy and settlement decisions. Communication – the why and what. Punitive damages – why they must be avoided at all costs. Legal Fees – the real cost of a bad result. Insurance Coverage – how it affects litigation strategies. Subrogation – myth or reality? Panel counsel – why and why not.
David O'Brien
Wachovia Securites |
Bob Kerrigan
Deutsch Kerrigan |
Craig Zahnd
Swiss Re |
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John Fitzpatrick
Wheeler Trigg |
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Fri -- 10:20a |
Coffee and Refreshment Break
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NATIONAL COORDINATING COUNSEL
Why, when and what do they do that I can’t do in-house less expensively? Pattern, cookie-cutter, multi-district, class action, and other national litigation demands uniformity and consistency in discovery response, factual and expert witness management. Allocated claim expense (e.g., defense costs) of insured litigation might be covered whereas the salaries of in-house counsel would never be. And in the long term, institutional memories of law firms not subject to RIFs, promotions to management and transfers to other companies or law firms far exceed those of corporate legal departments. Coordinating counsel can ensure consistent discovery responses to avoid sanctions or loss of credibility; identify, manage, prepare and maintain extended duration relationships with company and expert witnesses; develop consistent and long-term company stories; manage databases of relevant core documents; ensure trial readiness; coordinate consistent legal positions; manage vendors; etc. And it’s not just for the big cases. Lee Hollis explains how even smaller litigation inventories can benefit.
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TOP REASONS WHY YOU SHOULD HAVE A WOMAN ON YOUR SIDE
Why women litigators stand out. A light and funny review with a scientific or research-based look at some of the differences between men and women as they apply in litigation.
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Fri -- 11:30a (60 Min.)
BREAK-OUT SESSIONS
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LITIGATION MANAGEMENT
Room: St. Andrews East
Moderated by:
Alex Marconi
Snell & Wilmer
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with discussion by:
Steve Fogg
Corr Cronin
Michael Pysno
Mike Fried
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LITIGATION MANAGEMENT - LABOR AND EMPLOYMENT LAW
Room St. Andrews West
Moderated by:
Alan Gries
Gibbons, Del Deo
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LITIGATION MANAGEMENT
Room: Royal Troon
Moderated by:
Alice Hector
Akerman Senterfitt |
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LITIGATING MEDICAL ISSUES -- MASS TORT, MEDICAL MALPRACTICE, ETC.
Room: Turnberry
Moderated by:
John Fitzpatrick
Wheeler Trigg Kennedy
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Fri -- 1:00p
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 Golf Tournament at Del Monte
Del Monte is the oldest course in continuous operation west of the Mississippi. Designed by golf and polo enthusiast Charles Maud, this inland course boasts a meandering layout that has challenged golfers for more than a century. It was the original host of the California State Amateur, still played it's narrow, tree-lined fairways and protected greens, and continues to serve as one of three courses on which the Callaway Golf Invitational is played. 1:30 Tee Time. |
 Aquarium Visit
There are always new reasons to visit the Monterey Bay Aquarium. Discover why we're recognized as the nation's finest aquarium and No. 3 top-rated family attraction in the United States. We're located on Monterey's historic Cannery Row, right on the edge of beautiful Monterey Bay and just minutes from Carmel and Pebble Beach. With each visit, you'll find something new — and your visit supports our efforts to inspire conservation of the oceans. |
 Monterey Bicycle Tour and Photo Safari
Pedal your way along the most picturesque routes in beautiful Monterey with your host. Bring along your camera to capture some incredible memories or pick up one of our disposable ones before you leave. Stop at one of the shore points of the majestic Pacific Ocean for a rest and a chance to enjoy your box lunch. |
 The Pebble Beach Spa
We invite you to relax, rejuvenate, and revitalize your body and spirit at our
22,000-square-foot, full-service spa and salon, nestled in the heart of Del Monte Forest. Choose from a variety of massages, body scrubs and wraps, water treatments, skin care, nail care, and hair care. Our staff is trained to help you select appropriate services and to provide impeccable personalized service for an experience that exceeds your expectations. The TRIAL.COM dedicated shuttles depart on the :15 and :45 of each hour. |
 Tennis
Perfectly placed overlooking the peaceful views of Stillwater Cove, today The Beach & Tennis Club is an exclusive enclave for the private Club’s members and Pebble Beach Resort guests. Perfect your game! |
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Fri -- 6:30p
Busses Board
Fri -- 7:00p
Dinner |
Clam Bake Dinner at the Beach Club
The view is breathtaking -- the meal divine. Dine facing the Beach Club's 18-foot high windows overlooking the mighty Pacific Ocean while enjoying our first-class clam bake buffet of steamed clams, jumbo prawns, sushi, prime rib and Maine lobster.
 
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Fri -- 10:00p
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Hospitality Suite and TRIAL.COM Hold 'Em Poker Tournament
Cigars, Wine, Munchies and Lots of Talk - Troon Room
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SATURDAY, APRIL 21, 2007
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Sat -- 7:30a |
Continental Breakfast in the Ballroom Gallery
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Sat -- 8:30a |
WELCOME FROM SEMINAR CO-CHAIRS
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INSURERS FACE NEW LAW AFTER KATRINA – BILLIONS AT STAKE
The decisions rendered in the first year following Hurricane Katrina followed a predictable path, and largely reaffirmed decades of prior precedent. Recently, however, one Mississippi judge held an insurer guilty of bad faith as a matter of law, a class action settlement proposal with that same insurer has been rejected, and a federal judge in Louisiana has ruled that the flood exclusion is ambiguous, potentially shifting billions in losses to insurers. Learn what these decisions mean about litigation in the Gulf States. Lessons to be learned in litigation following natural disasters.
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Sat -- 9:00a
Jill
Wheaton
Dykema
Detroit, MI |
PROTECTING AND ENFORCING INTELLECTUAL PROPERTY RIGHTS
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 Jill Wheaton 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). Protection programs to implement in-house.
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ARBITRATION EXORCISING SEVEN LITIGATION SINS
Trial is expensive, prolonged, and polarizing. But is arbitration any better? With scores of jury verdicts under his belt Rod Heard is also a frequent advocate in arbitration, serves as an arbitrator and teaches arbitration in two law schools. His analysis of the processes and his recommendations may leave you with the impression that there is no right answer. And, you may be right.
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USING ECONOMICS TO WIN JURY TRIALS
Today's economists are rock stars: Milton Friedman; Alan Greenspan; Paul Samuelson. Econometrics confirms hypotheses, shapes policy, and affects every aspect of human life. By allowing economic experts, judges bring economic methodology into jury decision-making. Often, though, an "expert economist" is nothing more than a calculator with a pulse. Trial lawyer Ike Ryan discusses cross-examination of economic experts and how to use economic theory to win jury trials.
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 HIGH-PROFILE CASES IN A MEDIA FRENZY
In 2006, a politician was indicted alleging involvement in the biggest political scandal in Ohio's history. Trial lawyer John Mitchell was defense counsel amid intense national, state and local media scrutiny over his client’s ties to Ohio's highest ranking public officials, including the Governor, Attorney General and State Auditor. Mitchell will focus on how to use the media to your advantage and some proactive steps to take when caught in a biased media spotlight.
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Sat -- 10:20a |
Coffee and Refreshment Break
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WINNING BY ARGUING BURDEN OF PROOF
Almost every trial's result is dictated by correct application of the applicable burden of proof. Winning lawyers take every opportunity to educate the jury about the burden of proof and how it requires a finding in their client's favor. Trial lawyers Jean Bertrand and John Worden, with dozens of winning verdicts and arbitration awards, share success secrets. Video clips showing great lawyers of the movies dealing with burden of proof in cinematic settings.
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IDENTITY THEFT AND PRIVACY EXPOSURES -- THE EMERGING CLASS ACTION THREAT
The recent federal Class Action Reform Act has taken some of the fun out of life for the plaintiff class action bar. Traditional target industries are enjoying a bit of a respite while class action lawyers re-aim. Mass identity and privacy compromise claims against corporate victims of data theft are emerging as the next focus for class action litigation. Nearly every company is at risk as the media. Legislatures and the courts increasingly view loss of personal data as a strict liability exposure.
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 EXPERT WITNESSES AND HOW TO DESTROY/PROTECT THEM
Learn cutting-edge techniques for cutting-up the bad guys' experts and protecting your own! Soak up some of the latest developments in Daubert challenges: whether or not to make a Daubert challenge and other strategic issues; preparing for the Daubert challenge; techniques that work (and some that don't)! Hear how the qualifications and credibility of opposing experts and the reliability of their opinions are shredded before and during trial! Enjoy straight from the courtroom lessons on how opposing experts have been brought to tears - or would have been if they had any soul!
Bruce Friedman
Alschuler Grossman |
Bobby Hood
Hood Law Firm |
David Harris
Lowenstein Sandler |
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John Sandberg
Sandberg Phoenix |
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BAD BUGS AND FOODBORNE ILLNESSES
The recent onslaught of foodborne outbreaks have brought into question the safety of the Nation's food supply. At the center of this dispute are the companies accused of producing and selling these products. From scrutiny of Federal and State investigators and enforcement branches to the ever persistent inquiries of the media, each has faced a crisis which threatened the viability of their businesses. Al Maxwell will walk you through the lessons he has learned in defending these types of cases and offer crisis management tips that can be applied to yours.
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Sat -- 12:30p |
 CLOSING REMARKS
Joe Ortego -- 2007 Chair
Nixon Peabody
New York, NY |
Sat -- 1:00p
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 Golf at the Links at Spanish Bay
Links is an old Scottish word for sandy wasteland, usually near the sea, with bristly grasses and ever prevailing wind. The Links at Spanish Bay are so authentic that even the Monterey coastline mirrors the rugged, natural beauty of Scotland. The golf course provides you with the choice of using your regular shot or a low, running shot to play the firm turf while keeping the ball under the steady ocean breezes. Enjoy lunch prior to your 2:30 Tee Time. |
 Monetery Bay Whale Watching Cruise
Monterey Bay becomes the feeding grounds for multiple whale and dolphin species. Journeying from their warm-water breeding grounds, various whales travel to the Monterey Bay to indulge in the rich food sources available. This is your opportunity to see humpback whales, fin whales, minke whales, orcas (killer whales), and the mighty blue whale. Additionally, Monterey Bay is frequented by porpoises and various species of dolphins. |
The Pebble Beach Spa
We invite you to relax, rejuvenate, and revitalize your body and spirit at our
22,000-square-foot, full-service spa and salon, nestled in the heart of Del Monte Forest. Choose from a variety of massages, body scrubs and wraps, water treatments, skin care, nail care, and hair care. Our staff is trained to help you select appropriate services and to provide impeccable personalized service for an experience that exceeds your expectations. The TRIAL.COM dedicated shuttles depart on the :15 and :45 of each hour. |
Tennis
Perfectly placed overlooking the peaceful views of Stillwater Cove, today The Beach & Tennis Club is an exclusive enclave for the private Club’s members and Pebble Beach Resort guests. Perfect your game! |
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Sat -- 7:00p
Dinner |
Barbecue Dinner Feast in the Ballroom
 
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Sat -- 10:00p |
Hospitality Suite and TRIAL.COM Hold 'Em Poker Finals
Cigars, Wine, Munchies and Lots of Talk - Troon Room
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SUNDAY, APRIL 22, 2007
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Sun -- 8:30a |
Business Meeting For Network Member Firms:
Breakfast Meeting
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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 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 30 cutting-edge CLE programs on trial and litigation management topics.
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