OUR SIXTH ANNUAL



Friday, August 10, 2007

in pithy fast-moving and entertaining segments, plus
working lunch-breakout sessions, and including
1 hour of cutting-edge ethics issues
featuring TRIAL LAWYERS
at

The House of the Association of the Bar of the City of New York*
42 West 44th Street
New York, NY
8:30 a.m. to 4:05 p.m.

(includes breakfast and a working lunch)

Up to 6.25 General CLE Hours including 1.0 Hours of Ethics Hours
(CLE Approval for the State of New York is currently pending)

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 upon one with only weeks before trial and asked him/her 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 11, and join us for our highly-regarded LITIGATION MANAGEMENT SUPERCOURSE, now
entering its 14th year. General counsel, bring your entire
in-house litigation management department -- the program and lunch are on us.

FRIDAY, AUGUST 10, 2007
8:30a - 9:00a
Continental Breakfast
9:00a
OPENING REMARKS

Joseph Ortego -- 2006-2007 Chair
Nixon Peabody
New York, NY
9:05a
WELCOME FROM SEMINAR CHAIRS

Tony White
Thompson Hine
Columbus, OH

Molly Craig

Hood Law Firm
Charleston, SC

Mark Miller

Wildman Harrold
Chicago, IL
9:10a

Rod
Heard

Wildman Harrold
Chicago, IL

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.
9:30a

Ike
Ryan

Deutsch Kerrigan & Stiles
New Orleans, LA

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.
9:50a

Michael
Chavies

Akerman Senterfitt
Miami, FL

A VIEW FROM THE BENCH: MAKING AN EFFECTIVE PRESENTATION IN COMPLEX COMMERCIAL CASES
Appointed to the bench in 1992, Judge Chavies will draw upon his thirteen years of experience as a Florida State Circuit Court Judge to reveal key points in making convincing arguments in court, including motion practice tips and bench trial suggestions.
10:10a

Gwyn
Quillen

Bingham McCutchen
Los Angeles, CA

TOP REASONS WHY YOU SHOULD HAVE A WOMAN ON YOUR SIDE
Why women litigators stand out.  A totally serious (with perhaps some tongue in cheek) analysis using a large splash of accepted science to examine some of the differences between men and women in dispute resolution, advocacy and judgement and how women add value as a result of gender.
10:30a (40 min.)

Moderated By:
James
Murphy

LeClairRyan
Richmond, VA

and

Steve
Hecht

Lowenstein Sandler
Roseland, NJ

PANEL DISCUSSION ON BACKDATING STOCK OPTIONS
In the two years since the Wall Street Journal broke a story about stock options backdating, the issue has become a primary focus for the SEC, the Department of Justice as well as shareholders.  Delaware courts provide extensive guidance in determining whether directors and officers are manipulating timing of stock option grants.  The first criminal trial of an alleged backdated options recipient has recently begun.  Trial lawyers James Murphy and Steve Hecht are joined by Chris Conte of the SEC and Linda Lacewell of NY AG’s office to address the status of criminal and regulatory investigations and prosecutions as well as the status of civil litigation by shareholders against companies accused of backdating abuses.

with Discussion by:
Chris Conte
Assoc. Director, Division of Enforcement
Securities and Exchange
Commission
Linda Lacewell
Counsel, Economic & Social Justice
Office of the Attorney General,
New York State
11:10a - 11:40a
Coffee and Refreshment Break
11:40a

Walter
Boone

Forman Perry Watkins Krutz & Tardy
Jackson, MS

INSURERS FACE NEW LAW AFTER KATRINA – BILLIONS AT STAKE
Decisions rendered following Hurricane Katrina followed a predictable path, largely reaffirming decades of precedent. Recently, however, a Mississippi judge held an insurer guilty of bad faith as a matter of law, a class action settlement proposal with the same insurer was rejected, and a federal judge in Louisiana ruled that the flood exclusion is ambiguous, potentially shifting billions in losses to insurers.  Trial lawyer Walter Boone will discuss the impact of those decisions on litigation in the Gulf States and other lessons to be learned in litigation following natural disasters.
12:00n

Tony
White

Thompson Hine
Columbus, OH

JURORS SAY THE DARNEDEST THINGS
Jurors in the box are sedated beasts before the sedative wears off. What they say and do during deliberation often has no connection with the official evidence and everything to do with the unofficial "facts" they gather while watching the trial and by combing their collective memories and lifetime travails for relevant experiences (and TV shows) on which to base their decisions. Take a ride on the wild side with trial lawyer Tony White who recently spent two weeks as a juror in a civil case. Things are not what they appear behind the wooden door.
12:20p

John
Fitzpatrick

Wheeler Trigg Kennedy
Denver, CO

DEFEATING PLAINTIFF'S NEW THEORIES ON FAILURE TO WARN IN MASS TORT CASES
A trial technique that surfaced decades ago in mass tort litigation – blaming co-defendants -- has been revived with devastating results.  Trial lawyer John Fitzpatrick, fresh from recent defense victories in the nation’s most pro-plaintiff jurisdictions, as well as a stupendous victory in the first such case to be tried in Boston in 10 years, discusses his techniques for defending against such tactics.
12:40p (40 min.)

Moderator:
Roger
McCleary

Beirne, Maynard & Parsons
Houston, TX

PANEL DISCUSSION: EXPERT WITNESSES AND HOW TO DESTROY/PROTECT THEM
Cutting-edge techniques for cutting-up your opponent’s experts and protecting your own.  Some of the latest developments in Daubert challenges, including whether to make one and other tactical issues; preparing for challenges; techniques that work (and some that don't).  Hear how the qualifications and credibility of opposing experts and the reliability of their opinions can be shredded before and during trial.  Enjoy straight-from-the-courtroom lessons on how to bring opposing experts to tears.

John Sandberg
Sandberg Phoenix
Bobby Hood
Hood Law Firm
David Harris Lowenstein Sandler

1:20p

WORKING LUNCH
BREAK-OUT
SESSIONS

8 Simultaneous Break-out Sessions with Lunch
(Choose your focus areas when you register.)
1

HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Alex Marconi
Moderator
Snell & Wilmer
Phoenix, AZ

Jeff Ment
Rome McGuigan
Hartford, CT

Rob Hunter
Altec Inductries
Birmingham, AL

Michael Fried
ACE USA
New York, NY

2
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Tracy Van Steenburgh
Moderator
Halleland Lewis Nilan & Johnson
Minneapolis, MN

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

Gwyn Quillen
Bingham McCutchen
Los Angeles, CA

Molly Craig
Hood Law Firm
Charleston, SC

3
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Susan Artinian
Moderator
Dykema
Detroit, MI

Fred Biesecker
Ice Miller
Indianapolis, IN

Bobby Hood, Jr.
Hood Law Firm
Charleston, SC

4
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Robert Torralbo
Moderator
Blake Cassels & Graydon
Montreal, Quebec

Duris Holmes
Deutsch Kerrigan & Stiles
New Orleans, LA

Scott O'Connell
Nixon Peabody
Boston, MA

George Kalapos
Unimin Corp.
New Canaan, CT

5
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Steven Fogg
Moderator
Corr Cronin Michelson Baumgardner & Preece
Seattle, WA

Mark Miller
Wildman Harrold
Chicago, IL

Miguel Pozo
Lowenstein Sandler
Roseland, NJ

Bobby Hood
Hood Law Firm
Charleston, SC

6
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Jim Miller
Moderator
Akerman Senterfitt
Miami, FL

David Harris
Lowenstein Sandler
Roseland, NJ

Vivian Quinn
Nixon Peabody
Buffalo, NY

7
HOT TOPICS FOR IN-HOUSE INSURANCE LITIGATION MANAGERS

John Worden
Moderator
Schiff Hardin
San Francisco, CA

Steve Johnson
Gibbons
Philadelphia, PA

Henry Williams, Jr.
AIG Domestic Claims
New York, NY

8
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

Tony White
Moderator
Thompson Hine
Columbus, OH

Warren Platt
Snell & Wilmer
Phoenix, AZ

Phillip Sykes
Forman Perrty Watkins Krutz & Tardy
Jackson, MS

Joel Richler
Blake Cassels & Graydon
Toronto, Ontario

2:20p

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.
2:40p

Lee
Hollis

Lightfoot Franklin & White
Birmingham, AL

NATIONAL COORDINATING COUNSEL
Why, when and what do they do that you cannot do in-house less expensively.  Pattern, cookie-cutter, multi-district, class action, and other national litigation demand uniformity and consistency in discovery response, factual and expert witness management.  Allocated claim expense of insured litigation might be covered whereas salaries of in-house counsel would never be.  And in the long term, institutional memories of law firms not subject to RIFs, promotions and transfers 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 themes; 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. Trial lawyer Lee Hollis explains how even smaller litigation inventories can benefit.
AN HOUR OF ETHICS IN A NEW YORK MINUTE
3:00p

Linda
Woolf


Goodell DeVries Leech & Dann
Baltimore, MD
ETHICS: DEALING WITH FORMER EXECUTIVES ACCUSED OF WRONGDOING
A practical guide to negotiating the minefield of ethical obligations, conflict considerations and privilege issues that attend outside and in-house counsel's communications with corporate officers, directors and employees when they or the company are accused of misconduct. What every lawyer must know prior to dealing with current or former executive level employees whose interests may be adverse to the corporate client.
3:20p

Joe
Ortego


Nixon Peabody
New York, NY
ETHICS: IMPACT OF FRCP RULES CHANGES ON ETHICAL OBLIGATIONS
The basic competency requirement and recent cases holding attorneys to a level of technical competency and imposing sanctions for discovery abuses, including criticism of counsel’s investigations and due diligence regarding investigations of their client’s electronic information management systems; duties under FRCP 26 regarding assessment and preservation of electronic information; the determination of reasonable accessibility; and the receipt of adversaries’ documents produced by mistake.
3:40p

Joel
Hoxie


Snell & Wilmer
Phoenix, AZ

ETHICS: IN THE LINE OF FIRE -- REGULATORY AND PROSECUTORIAL ACTIONS AGAINST IN-HOUSE COUNSEL
In the eyes of the regulators and prosecutors, in-house are not sacred cows based on status alone. There is no free pass for corporate counsel to engage in conduct that for any other corporate insider would constitute a regulatory -- or worse -- criminal violation. But can in-house counsel be subject to regulatory or criminal sanction for merely giving bad advice to his or her corporate client? The government's focus on attorneys as gatekeepers who can prevent corporate frauds will be addressed against the backdrop of several recent SEC enforcement actions against corporate counsel, as well as the national stock option backdating scandal which already has left numerous members of the general counsel's office in its wake.
4:00p
CLOSING REMARKS

Joseph Ortego -- 2006-2007 Chair
Nixon Peabody
New York, NY


This CLE program is produced by The Network of Trial Law Firms, Inc.,
a not-for-profit 503(c)(6) corporation, on behalf of its 25 member law firms and over 7,000 attorneys in 110 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 Network is making a gift to
The CITY BAR FUND
and has previously made a gift to
The NEW YORK BAR FOUNDATION
in lieu of Charging Tuition to In-house Counsel



Tuition is $500
(includes breakfast, lunch and all materials)


but

Complimentary for In-house counsel
(Please Note: Due to last year's sold-out situation and limited capacity of 350 attendees,
insurance company staff counsel will not be considered In-house Counsel for Complimentary Tuition Purposes)


* The Association of the Bar of the City of New York is not affiliated with The Network of Trial Law Firms, Inc.

--- ONLINE REGISTRATION ---

Note:
Our capacity for this seminar is 350 registrants.
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