OUR SEVENTH ANNUAL



Friday, August 1, 2008

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

City Bar Building*
42 West 44th Street
New York, NY
8:30 a.m. to 4:25 p.m.

(includes breakfast and a working lunch)

Up to 6.0 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 1, and join us for our highly-regarded LITIGATION MANAGEMENT SUPERCOURSE, now
in its 15th year. General counsel, bring your entire in-house litigation management department -- the program and lunch are on us.

FRIDAY, AUGUST 1, 2008
8:30a - 9:00a
Continental Breakfast and Registration
9:00a
OPENING REMARKS

David Harris -- 2007-2008 Chair
Lowenstein Sandler
Rodeland, NJ
9:05a
WELCOME FROM SEMINAR CHAIRS

Tony White
Thompson Hine
Columbus, OH

Mark Miller

Wildman Harrold
Chicago, IL
9:10a

Craig
Merkle

Goodell DeVries Leech & Dann
Baltimore, MD

HIDDEN LIABILITY EXPOSURE FOR NONEMPLOYEES AND OUTSOURCED OPERATIONS
Independent contractors, agency employees, outsourced operations. You are not as safe as you think. Hidden liabilities and unexpected risks of borrowed servants and apparent agents. Buyer beware. Practical guidance on limiting exposures.
9:30a

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.
9:50a

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.
10:10a

Judy
Okenfuss

Ice Miller
Indianapolis, IN

DEFENDING THE NO-INJURY PRODUCT LIABILITY CLASS ACTION
Plaintiffs' attorneys are now aggressively pursuing class action litigation against companies whose products have not caused any injury. Such claims are often based on conventional tort and contract theories, as well as medical monitoring and state consumer fraud statutes. Trial lawyer Judy Okenfuss will discuss effective defenses as well as their reception by courts and reactions of plaintiff counsel.
10:30a

Phillip
Sykes

Forman Perry Watkins Krutz & Tardy
Jackson, MS

MISSISSIPPI'S REVERSAL OF FORTUNE: RETURN FROM JUDICIAL HELLHOLE
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.
10:50a

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.
11:10a - 11:40a
Coffee and Refreshment Break
11:40a

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.
12:00n

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.
12:20p

James
Murphy

LeClairRyan
Richmond, VA

TURNING THE TABLES ON PLAINTIFFS' COUNSEL: WINNING AND RUNNING UP THE SCORE
Plaintiffs file unmeritorious cases against corporations in the U.S. every day, driving up the cost of goods and services and eroding our global competitiveness. We all know about Rule 11 and its shortcomings as an effective deterrent to abusive litigation. Trial lawyer James Murphy will reveal some little known weapons available to counsel defending clients facing frivolous litigation. These seldom-employed tools can be used to force plaintiffs' counsel to pay should they bring a frivolous case against your company.
12:40p (40 min.)

Moderator:
Scott
O'Connell

Nixon Peabody
Boston, MA

PANEL DISCUSSION: CORPORATE INVESTIGATIONS AND PARALLEL PROCEEDINGS
Internal investigations have become one of the most consuming and high risk activities for in-house counsel. Criminal investigations, regulatory oversight and plaintiffs' suits have eroded the attorney client privilege and work-product protections previously associated with such investigations. This panel comprised of in-house counsel and outside attorneys will discuss practical considerations useful in minimizing risks and maximizing protections afforded internal investigations.



Anjali Chaturvedi
Nixon Peabody
Larry Gwaltney
Moore & Van Allen
Joel Hoxie
Snell & Wilmer
1:20p

WORKING LUNCH
DISCUSSION AND SMALL-GROUP PRESENTATION SESSIONS
8 Simultaneous Sessions with Lunch
(Choose your focus areas when you register.)


1
HOT TOPICS FOR IN-HOUSE LITIGATION MANAGERS

(CLE Room)

Alex Marconi

Moderator
Snell & Wilmer
Phoenix, AZ

David Schultz
Maslon Edelman Borman & Brand
Minneapolis, MN

Allen McDonald
Brunswick Boat Group
Knoxville, TN

Mike Fried
ACE USA
New York, NY

Karen Schrift
AEGIS Insurance
East Rutherford, NJ

2
SIMPLIFYING COMPLEX ISSUES AT TRIAL

(Evarts Room)

James Miller

Moderator
Akerman Senterfitt
Miami, FL


Bruce Friedman
Bingham McCutchen
Santa Monica, CA

Scott O'Connell
Nixon Peabody
Boston, MA

James Ruger
Siemens
Malverne, PA

3
MEDICAL MONITORING CLAIMS

(Tweed Room)

Steve Imbriglia

Moderator
Gibbons
Philadelphia, PA



Joe Cincotta
Gibbons
Philadelphia, PA
4
CUTTING-EDGE ISSUES IN IP LITIGATION

(Carter Room)


David Harris
Moderator
Lowenstein Sandler
Roseland, NJ



Tony Lathrop
Moore & Van Allen
Charlotte, NC

Bill Abrams
Bingham McCutchen
Silicon Valley, CA

David Gavilan
JP Morgan Chase
New York, NY

Ellen Goldberg
JP Morgan Chase
New York, NY

5
THE CEO AS A WITNESS

(Meeting Hall)

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

Walter Boone
Forman Perry Watkins Krutz & Tardy
Jackson, MS

John Sandberg
Sandberg Phoenix & von Gontard
St. Louis, MO

Bob Kerrigan
Deutsch Kerrigan & Stiles
New Orleans, LA

Terry Sullivan
Weinberg Wheeler Hudgins Gunn & Dial
Atlanta, GA

Frank LaPrade
Capital One
Richmond, VA

6
ARBITRATION:
IS IT BROKEN?
CAN IT BE FIXED?

(Choate Room)

Roger McCleary
Moderator
Beirne Maynard & Parsons
Houston, TX

Hugh Gottschalk
Wheeler Trigg Kennedy
Denver, CO

Steve Mooney
Weinberg Wheeler Hudgins Gunn & Dial
Atlanta, GA

Mark Miller
Wildman Harrold
Chicago, IL

Deirdre Beckett
LVMH Moet Hennessey Louis Vuitton
New York, NY

7
NAVIGATING JOINT DEFENSE GROUPS - CONFLICTS, FREE-RIDERS, 800-LB. GORILLAS

(Cromwell Room)

Tony White
Moderator
Thompson Hine
Columbus, OH

Barry Kazan
Thompson Hine
New York, NY

Kevin Zielke
Dykema
Detroit, MI

Craig Merkle
Goodell DeVries Leech & Dann
Baltimore, MD

8
HANDLING
E-DISCOVERY

(Hughes Room)

Bobby Hood
Moderator
Hood Law Firm
Charleston, SC

Sam Santo
Lowenstein Sandler
Roseland, NJ

Bobby Hood, Jr.
Hood Law Firm
Charleston, SC

Jack Sharman
Lightfoot Franklin & White
Birmingham, AL

Joe Ortego
Nixon Peabody
New York, NY

2:20p

David
Harris
Moore & Van Allen
Charlotte, NC

Tony
Lathrop
Moore & Van Allen
Charlotte, NC

Bill
Abrams
Bingham McCutchen
Silicon Valley, CA

PANEL DISCUSSION: CUTTING-EDGE ISSUES IN INTELLECTUAL PROPERTY LITIGATION
A discussion of recent developments in Intellectual Property litigation and suggestions of strategies for prevailing in this dynamic high-stakes environment. Recent examples from various industries will be analyzed.
1.3 HOURS OF ETHICS IN A NEW YORK MINUTE
3:00p

Joseph
Ortego

Nixon Peabody
New York, NY

INCIVILITY: AN INSULT TO THE PROFESSIONAL AND THE PROFESSION
For many years now, there has been a perception that incivility, rudeness, and the use of offensive tactics among lawyers are on the rise. Many courts, columnists, legal journal authors, and conference organizers recently have focused on professionalism and civility, or the lack thereof, in the practice of law. In addition, several aspirational "civility codes" have been adopted, indicating that the "legal profession deems itself to be in crisis."
3:20p

Denise
Lazar


Wildman Harrold
Chicago, IL
SPOTTING AND AVOIDING ETHICAL PITFALLS
It’s a new world for in-house counsel and it’s changing daily. Gone are the days when in-house counsel could safely assume that (s)he would be protected by the company or, at a minimum, by the bylaws and D&O coverage for officers and employees. Today, in-house counsel’s only protection against non-incidental professional malpractice is his/her own knowledge of where the line is and what’s right and what’s wrong. And just where that line is varies from situation to situation, and sometimes from year to year. Interactions with employees, reporting requirements, abundant information made available by new technologies, and other circumstances make for a mine field of disasters waiting to take in-house counsel down. Trial lawyer Denise Lazar provide keys to help spot ethical issues and avoid disasters.
3:40p

Barry
Halpern


Snell & Wilmer
Phoenix, AZ
THE FOREIGN CORRUPT PRACTICES ACT - ETHICAL BUSINESS PRACTICES OR CRIMINAL ACTIVITY IN INTERNATIONAL BUSINESS
Enforcement of The Foreign Corrupt Practices Act (FCPA) has become a high priority for the U.S. Department of Justice. Entry into global markets carries increased multi-jurisdictional risks as the fine line between "business customs and courtesies" and criminal activity has dimmed.  FCPA compliance and deft management of internal, multi-sovereign and multi-agency investigations are a growing concern for corporate counsel.  This presentation will discuss recent FCPA enforcement trends and best practices to minimize exposure.
4:00p

Dan
Stephenson


Dykema
Detroit, MI

TOP TEN ETHICAL PITFALLS IN LITIGATION
From pre-filing through discovery and trial, ethical choices abound. They are either mines or guideposts, depending on whether in-house and outside counsel recognize them and plan accordingly.
4:20p
CLOSING REMARKS

David Harris -- 2007-2008 Chair
Lowenstein Sandler
Rodeland, NJ


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 24 member law firms and over 6,000 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 Bar Association 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 Bar Association 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 3
00 registrants.
Space is limited.

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