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 LeClair Ryan 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 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 WINNING THE SUB-PRIME TRIAL James Miller Moderator Akerman Senterfitt Miami, FL Bruce Friedman Bingham McCutchen Santa Monica, CA Name Firm/Company City, ST Name Firm/Company City, ST 3 MEDICAL MONITORING CLAIMS Steve Imbriglia Moderator Gibbons Philadelphia, PA Joe Cincotta Gibbons Philadelphia, PA Name Firm/Company City, ST Name Firm/Company City, ST 4 CUTTING-EDGE ISSUES IN I.P. LITIGATION 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 Andrea Colby Johnson & Johnson New Brunswick, NJ 5 THE C.E.O. AS A WITNESS Steve Fogg Moderator Corr Cronin Michelson Baumgardner & Preece Seattle, WA Name Firm/Company City, ST Name Firm/Company City, ST Name Firm/Company City, ST 6 ARBITRATION: IS IT BROKEN? CAN IT BE FIXED? Roger McCleary Moderator Beirne Maynard & Parsons Houston, TX Hugh Gottschalk Wheeler Trigg Kennedy Denver, CO Name Firm/Company City, ST Name Firm/Company City, ST 7 NAVIGATING JOINT DEFENSE GROUPS - CONFLICTS, FREE-RIDERS, 800-LB. GORILLAS Tony White Moderator Thompson Hine Columbus, OH Barry Kazan Thompson Hine New York, NY Name Firm/Company City, ST Name Firm/Company City, ST 8 HANDLING E-DISCOVERY Bobby Hood Moderator Hood Law Firm Charleston, SC Sam Santo Lowenstein Sandler Roseland, NJ Bobby Hood, Jr. Hood Law Firm Charleston, SC Name Firm/Company City, ST
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 300 registrants.
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