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ROCK-SOLID
LITIGATION
MANAGEMENT
October 30 - November 2, 2008
The Boulders Resort
Carefree, AZ |
  
Discover a magical retreat from conventional Scottsdale resorts at The Boulders Resort & Golden Door Spa.
Nestled in the secluded Sonoran Desert - located in Carefree, Arizona - we offer you award-winning
accommodations, a world-renowned spa, and stunning natural beauty.
Ease your mind and restore your spirit in adobe casitas and houses overlooking
12-million-year-old boulders,
towering cacti, and captivating coyote, deer, and jackrabbits.
A warm sense of renewal awaits you in a peaceful, stirring atmosphere.
Special Events for Spouses and Significant Others
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 Executive Chef Cooking Demonstration
FRIDAY, OCTOBER 31, 10:00AM
Join The Boulders' Executive Chef as he demonstrates the fine art of prepapring a brunch meal that will be sure to whet any appetite.
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 Introduction to Yoga at the Golden Door Spa
SATURDAY, NOVEMBER 1, 10:00AM
Begin an intimate sojourn toward a joyous adventure in tranquility and self awareness. The Inner Focus programs are immersed in the evolved fundamental core concepts created fifty years ago by the original Golden Door Spa. Learn how to open your mind and free your thoughts, and reach your limitless potential.
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THURSDAY, OCTOBER 30, 2008 |
Thu -- 7:00p |
Opening Reception and Dinner at El Pedregal
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Thu -- 10:00p |
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FRIDAY, OCTOBER 31, 2008
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Fri -- 7:30a |
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Fri -- 8:30a |
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Fri -- 8:35a |
WELCOME FROM SEMINAR CO-CHAIRS
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FEDERAL PRE-EMPTION’S IMPACT ON PRODUCT LIABILITY
The U.S. Supreme Court’s decision in Reidel v. Medtronic elevated federal agency approval over state liability law as to medical devices. The Court gets another chance this term in Wyeth v. Levine when a similar issue will be before it as to pharmaceuticals. Trial lawyer Lee Hollis discusses federal pre-emption law in the drug and medical device area and the impact these decisions will have on product liability litigation generally.
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Fri -- 9:00a
David
Schultz
Maslon
Mineapolis, MN |
INTERNAL INVESTIGATIONS DONE RIGHT - THE NUTS AND BOLTS OF WHO AND HOW TO CONDUCT THEM
Companies face increasing scrutiny from regulators, prosecutors and shareholders. Headlines peal out one allegation of corporate wrongdoing after another. Investigations are demanded. Basic but critical questions regarding internal investigations - how to know when an investigation is necessary; who should conduct them; and how should they do it? Is separate counsel is necessary for employees, officers and directors? Should a written report be prepared? Protecting attorney client and other privileges.
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RESPONDING TO INFORMATION SYSTEM BREACHES
Physical security is no longer solely sufficient to protect a company’s assets and shareholder value. Data and communication security is vital to both. When a data breach takes place, reaction time and a clear understanding of liability exposures are critical. Computer intrusions and industrial espionage threaten shareholder value and corporate existence. Challenges facing attorneys when a computer breach occurs or when private information is lost. Specific case studies to explain how cyber information can be the trial lawyers’ best friend or worst adversary.
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Fri -- 9:40a (40 min.)
Moderator:
Scott
O'Connell
Nixon Peabody
Boston, MA |
 PANEL DISCUSSION: CLASS ACTIONS - WINNING UP FRONT BY PREVENTING CERTIFICATION
Class actions present complex and high exposures for corporate defendants. Winning at the certification stage remains the most effective tactic to bring an early close to litigation. This panel will explore successful strategies for defeating class certification and reducing the sometimes bet-the-company exposure often presented by these cases.
Neal Berinhout
Associate General Counsel
AT&T Mobility |
David Neave
Blake, Cassels & Graydon
Canada |
Rich Wallis
Deputy General Counsel
Microsoft |
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Fri -- 10:20a |
Coffee and Refreshment Break
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CORPORATE FRAUD ISSUES
Fraud is the domestic crime du jour. Most companies have been victims of corporate fraud, whether they are aware of it or not. Trial lawyer Steve Williger will discuss prevalent fraudulent activity, ways to identify and prevent it, and what to do once fraud is discovered.
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THE FUTURE OF ANTITRUST LAW
Antitrust law is rapidly evolving here and abroad. Following a whirlwind survey of the state of antitrust law, important trends will be identified and the future of antitrust jurisprudence boldly predicted. Special attention to the newest and most dangerous antitrust risk areas.
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ETHICS: JUROR REACTIONS TO ATTORNEY COURTROOM BEHAVIOR
Juror interviews following verdicts show that the conduct of counsel during trial can have a significant impact on juror decisions. Juror expectations of how trial lawyers should behave in the courtroom have been influenced by TV and other media. Conduct that works and conduct to avoid.
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Fri - 11:50a (40 min.)
Moderated By:
Joel
Hoxie
Snell & Wilmer
Phoenix, AZ
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 PANEL DISCUSSION: ETHICAL CHALLENGES FACING CORPORATE COUNSEL
One national legal commentator called the job of in-house attorney "the most ethically-challenging position in the legal profession”. Fair or not, prosecutors and regulators view in-house counsel as gatekeepers and are increasingly seeking to hold corporate counsel personally accountable for corporate misconduct. In this post-Enron, Sarbanes-Oxley "zero tolerance" regulatory environment, corporate counsel who fail to pay attention to corporate compliance do so at their peril.
John Sandberg
Sandberg Phoenix
& von Gontard |
Name
Title
Company |
Judy Okenfuss
Ice Miller |
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Fri -- 1:00p
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 Golf Tournament at The Boulders
Test your swing at The Boulders, the leader among Arizona golf destinations. We feature two championship-level, Jay Morrish-designed courses known for their breathtaking surroundings and sweeping panoramic views. Listed among the finest in the United States, both courses stretch across an enchanting Sonoran Desert landscape, ancient boulder formations, and sun-splashed terrain. |
 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. |
 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. |
 The Golden Door Spa
Restore your body and mind at The Boulders Resort & Golden Door Spa. Our 33,000-square-foot Carefree spa resort offers stimulating revitalization through the art of massage, therapeutic baths, and refreshing treatments. Before and after your treatment, unwind in men's and women's locker rooms that instill a heightened sense of peace, complete with steam rooms, saunas, and the O'furo, a traditional Japanese bath. |
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Fri -- 7:00p
Dinner |
Poolside Dinner at the Main Lodge Pool
Join us as we serve up Southwestern flair as vibrant as our Sonoran Desert setting. Enjoy spectacular desert views, an elegant atmosphere and a stunning Arizona sunset.
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Fri -- 10:00p
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Hospitality Suite in The Palo Verde
Wine, Wii Games, Poker, Munchies and Lots of Talk
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SATURDAY, NOVEMBER 1, 2008
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Sat -- 7:30a |
Continental Breakfast - Tohono Ballroom Foyer
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Sat -- 8:30a |
WELCOME FROM SEMINAR CO-CHAIRS
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WINNING BAD FAITH JURY TRIALS
Big corporations and wealthy Ds&Os don’t usually engender jury sympathy but jurors can get exercised about "little" facts that can become pebbles in the trial shoe. Making bad faith claims understandable and relevant is key to winning bad faith jury trials.
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DISCOVERY – JUST HOW MUCH MONEY IS BEING SPENT, WHERE AND WHY
In a real eye-opener, the details of corporate spending on discovery and litigation services are revealed, trends identified and projections made as to where the demand and spending in this market are going and what is the driving force. Survey results, graphs and analysis, as well as changes in the rules and demand-creating case law make this presentation timely and informative.
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 PANEL DISCUSSION: CHANGES IN THE MARKETPLACE -- WHAT CLIENTS WANT
The legal marketplace is changing. Corporate clients expect expertise in the delivery of legal services and cost-effective partnering for predictability and excellence of results. Tools that have come of age include budgeting, reporting, and alternative billing. Who is using them and with what results? The panel will discuss what in-house counsel want and how outside counsel can provide what clients demand.
Name
Title
Company |
Mary Anne Mellow
Sandberg Phoenix
& von Gontard |
Name
Title
Company |
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Sat -- 10:00a |
Coffee and Refreshment Break
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BELL-RINGING OPENERS WIN AT TRIAL
Cases are won or lost in opening statements. Plaintiff attorneys put the defense in a hole by opening first. But defense lawyers with bell-ringing openings can dig out and overcome detrimental pre-judging that often occurs. Techniques to seize attention, capture control, sell a theme and deliver facts with presentations that demonstrate trustworthiness, a just cause and where fault really lies. Proven methods to bring juries in for your client time and again.
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EXPERT ANNIHILATION
Cases turn on expert testimony, which often can be difficult for jurors to understand. As testimony becomes more complex, jurors fall back on their impression about an expert's credibility. Tactics to win the impression battle and persuade jurors to trust your expert rather than the adversary's.
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Sat -- 11:10a (60 Min.)
BREAK-OUT SESSIONS
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A |
LITIGATION MANAGEMENT
Room: TOHONO III
Moderated by:
Alex Marconi
Snell & Wilmer
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B |
LITIGATION MANAGEMENT
Room: TOHONO IV
Moderated by:
Name
Firm
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with discussion by:
George Kalapos
Assistant General Counsel
Name
Firm
Name
Firm
Name
Firm
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C |
DEALING WITH EXPERTS
Room: HEARD
Moderated by:
Jeff Hines
Goodell DeVries Leech & Dann |
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D |
MOCK TRIALS AND JURY FOCUS GROUPS
Room: JUNIPER
Moderated by:
Michael O'Donnell
Wheeler Trigg Kennedy |
with discussion by:
Jim Martin
Vice President of Liability Claims
Name
Firm
Name
Firm
Name
Firm
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Sat -- 1:00p
R
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 Golf at The Boulders
Test your swing at The Boulders, the leader among Arizona golf destinations. We feature two championship-level, Jay Morrish-designed courses known for their breathtaking surroundings and sweeping panoramic views. Listed among the finest in the United States, both courses stretch across an enchanting Sonoran Desert landscape, ancient boulder formations, and sun-splashed terrain. |
 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 Golden Door Spa
Restore your body and mind at The Boulders Resort & Golden Door Spa. Our 33,000-square-foot Carefree spa resort offers stimulating revitalization through the art of massage, therapeutic baths, and refreshing treatments. Before and after your treatment, unwind in men's and women's locker rooms that instill a heightened sense of peace, complete with steam rooms, saunas, and the O'furo, a traditional Japanese bath. |
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Sat -- 7:00p
Dinner |
Closing Dinner Feast at El Pedregal
 
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Sat -- 10:00p |
Hospitality Suite in The Palo Verde
Wine, Wii Games, Poker, Munchies and Lots of Talk
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SUNDAY, NOVEMBER 2, 2008
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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 23 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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