TRIAL.COM Logo
Home Page About Us CLE Programs Podcasts Blog Online CLE Foundation Members Only
LITIGATION MANAGEMENT SUPERCOURSE

Uncorking Litigation Management Expertise

The Silverado Resort
Napa Valley, California

Evoking elegance and sophistication of days past,
the Silverado Resort, located in Napa Valley wine country, California,
invites guests to step back in time and be pampered with luxury accommodations.

The Resort provides the undeniable comforts that
keep guests coming back to this 1,200-acre retreat
located at the gateway to the Napa Valley Wine Country.

Napa2009-2Napa2009-4
Napa2009-1

Day 1 (Friday, April 24) - Opening Statements
8:30a - 8:35a
NETWORK CHAIR
Warren Platt -- Snell & Wilmer (Orange County, CA)
8:35a - 8:40a
SEMINAR Co-CHAIRS
Bruce Friedman -- Bingham McCutchen (Southern CA)
Tony White-- Thompson Hine (Columbus, OH)
James Miller -- Akerman Senterfitt (Miami, FL)
 
Session I
8:40a - 9:00a
COST VS. VALUE: BEYOND BUDGETS, TOWARD TRUST
Jack Sharman -- Lightfoot Franklin & White (Birmingham, AL)
Unchecked and non-policy-based billing practices can impair or destroy attorney-client relationships.  Pressure to produce revenue can bump up against professional conduct and excellence in client service.  There may be better surrogates for value than hours billed.  Increasing pressure to control costs is forcing law departments and their outside counsel to reassess business models. Jack Sharman offers concrete suggestions for in-house lawyers to maximize value while fostering relationships of trust with outside counsel producing exceptional results.
9:00a - 9:20a
HAS 'CAFA' MADE A GOOD-TASTING BREW?
Mark Miller -- Wildman Harrold (Chicago, IL)
The Class Action Fairness Act ("CAFA") went into effect more than four years ago. Has it had the desired effect? We'll look at the resulting trends in class action litigation, plaintiffs' evolving pleading strategies, and the new tactics defendants are using to successfully "de-CAFA-nate" the class action industry, with a special focus on consumer class actions.
9:20a - 9:40a
THE WEB AS A WEAPON
Jeff Hines -- Goodell, DeVries, Leech & Dann (Baltimore, MD)
Facebook, Blogs, Zillo, Zaba, Google, Cache, You Tube, MySpace -- Disgrace. Damaging information is posted on the web everyday. Trial Lawyer Jeff Hines will show us how to gather and use such information, as well as how to prevent it from being used against your client.
9:40a - 10:20a
PANEL DISCUSSION: MASS TORT CASES CAN BE WON:
BUT YOU NEED TO BE RESOURCEFUL AND AGGRESSIVE
Moderator: Tom Tardy -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
The untold story of how perseverance, determination, creativity and hard work can reign in out-of-control judicial anomalies.

With Discussion By:
Tom Hill -- Vice President of Environmental Claims / General Electric
John Fitzpatrick -- Wheeler Trigg Kennedy (Denver, CO)
Paul Slater -- General Electric
 
Refreshment and Coffee Break
 
Session II
10:50a - 11:10a
INFORMATION IS POWER
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Trial lawyer Phillip Sykes harnesses 21st-century technology to develop proprietary databases used by clients to dismiss lawsuits, leverage favorable settlements, and disqualify suspect jurors.
11:10a - 11:30a
Defeating Private WhistleBlower ClaimS
Christine Welstead -- Akerman Senterfitt (Miami, FL)
A patchwork of state laws protect public and private sector whistleblowers.  Recent legislative and case law developments provide real world strategies for winning at trial by tailoring defenses to jury attitudes about whistleblowers.
11:30a - 11:50a
MANAGING THE ASSAULT ON TASER
David Neave -- Blake Cassels & Graydon (Canada)
The death of Robert Dziekanski at the Vancouver Airport in October 2007 has attracted and continues to attract world wide attention. This incident resulted in an unprecedented attack on the safety of TASER devices despite extensive peer reviewed human medical research showing the devices are safe. Doug Klint, Vice President and General Counsel of TASER International, Inc. and David Neave of Blakes Vancouver will discuss the manner in which the company has dealt and is dealing with the assault on TASER.

With Discussion By:
Doug Klint -- General Counsel / Taser International
11:50a - 12:10p
KEYWORD TRADEMARK TRAPS
Tony Lathrop - Moore & Van Allen (Charlotte, NC)
The use of sophisticated keyword search tools and metadata in Internet search requests is spawning litigation over infringing use of trademarked words and phrases. In-house and outside counsel are being called upon to represent clients on both sides of those cases, as well as to protect againt being blindsided. This presentation will provide useful strategies and tactics for winning, and avoiding costly Internet trademark litigation.
12:10p - 12:50p
PANEL DISCUSSION: WHEN AN INSURANCE COMPANY GOES BUST
Moderator: Bruce Friedman-- Bingham McCutchen (Santa Monica, CA)
The current economic crisis as well as other runs on insurance funds (e.g., mass tort claims) is putting substantial pressure on insurance companies, some of which may fail. A patchwork of insurance guarantee funds and State regulatory schemes control liquidations of insolvent insurers. However, they often fail to provide full protection to all policyholders and claimants. This panel will explore the rights of insured companies in the event of carrier insolvency.

With Discussion By:
David Wilson -- Chief Executive Officer / California Department of Insurance Conservation Liquidation Office
Ben Jeffers -- Dykema (Detroit, MI)
Steve Johnson -- Gibbons (Philadelphia, PA)
 
Day 2 (Saturday, April 25) - Welcome Back
8:30a - 8:40a
SEMINAR Co-CHAIRS
Bruce Friedman -- Bingham McCutchen (Southern CA)
Tony White-- Thompson Hine (Columbus, OH)
James Miller -- Akerman Senterfitt (Miami, FL)
 
Session III
8:40a - 9:00a
NEW AND TREACHEROUS CPSIA RULES
Bradley Petersen -- Snell & Wilmer (Phoenix, AZ)
The Consumer Product Safety Improvement Act. Given little binding guidance by the CPSC, businesses will lose hundreds of millions of dollars as a result of the destruction of non-compliant inventory, as well as recalls, and laboratory and attorney fees. Even businesses that have been diligent have not been able to achieve full compliance as a result of onerous deadlines. Recent CPSIA developments will be discussed with a focus on serious current business implications; how to navigate the treacherous waters of the CPSIA and protect your company from civil and criminal liability.
9:00a - 9:20a
CONTROLLING HINDSIGHT BIAS IN JURY TRIALS
Tom Allen -- Weinberg, Wheeler, Hudgins, Gunn & Dial (Atlanta, GA)
Trial lawyer Tom Allen talks about the cognitive dysfunction known as hindsight bias and how it can be used in litigation to impeach witnesses, especially experts, and bar the admission of some types of evidence. In doing so, he will use as an example an approach he took in a serious criminal case, including photographs that the plaintiff attempted to use as evidence of notice.
9:20a - 9:40a
U.S.S.C. DEVELOPMENTS IN FEDERAL PREEMPTION
Jim Hooper -- Wheeler Trigg Kennedy (Denver, CO)
Preemption is a constitutional doctrine that has been used to bar State-based liability in certain cases where the Federal government has acted. Under the Supremacy Clause, federal law trumps conflicting State statutes, regulations, and common-law claims. Altria, Riegel, and other recent decisions of the Roberts Court tell us a great deal about the vitality of the doctrine, where the fighting issues stand, and the kinds of cases that are good or poor candidates for assertion of a preemption defense.
9:40a - 10:20a
PANEL DISCUSSION: E-DISCOVERY CHALLENGES FACING IN-HOUSE COUNSEL
Moderator: Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
A recent survey indicates that one in ten in-house counsel believes his/her company is ready for electronic discovery requests, while most note that their companies are unprepared.  This panel will look at the new rules and talk about their own experiences.

With Discussion By:
Heather Bryden -- Director and Assistant General Counsel, E-Discovery & Litigation / Capital One Financial
Kathleen Foster -- Senior Counsel / Nissan North America
Jon Barton -- Sandberg, Phoenix & vonGontard (St. Louis, MO)
Joseph Ortego -- Nixon Peabody (New York, NY)
Krystal Bowen -- Bingham McCutchen (San Francisco, CA)
 
Refreshment and Coffee Break
 
Session IV
10:50a - 11:10a
EXCLUDING EXPERT TESTIMONY
David Herr -- Maslon, Edelman, Borman & Brand (Minneapolis, MN)
The importance of excluding your adversary’s expert testimony cannot be overstated.  Veteran trial lawyer David Herr will discuss techniques for challenging expert testimony, both in the trial court and on appeal.
11:10a - 11:30a
"WE ARE FROM THE GOVERNMENT. WE ARE HERE TO HELP"
Scott O'Connell -- Nixon Peabody (Boston, MA)
The new administration in Washington brings a wave of new priorities for the Justice Department and associated exposure areas for corporate America.  Unprecedented spending for the financial services bailout (TARP) and the economic stimulus package will be closely scrutinized for fraud and abuse.  A tsunami of regulation and control is inevitable.  Preparation can help prevent your company from being swamped when the tsunami of regulation hits us.  Trial lawyer Scott O'Connell -- Leader of Nixon Peabody's Financial Recovery Initiative -- will discuss getting your company and its executives ready for the Big Kahuna.
 
Closing Statements Before Break-Outs
11:30a -11:40a
network chair
Warren Platt -- Snell & Wilmer (Orange County, CA)
 
Litigation Management Break-Outs (1 Hour)
SESSION A:
LITIGATION MANAGEMENT
Moderator:
Alex Marconi- Snell & Wilmer (Phoenix, AZ)
Room: Royal Oak


Discussion Group Leaders::
James Miller - Akerman Senterfitt (Miami, FL)
Jim Villa - General Counsel / AOL
R. Bruce Whitney - Chief Litigation Counsel / Air Products and Chemicals
SESSION B:
LITIGATION MANAGEMENT
Moderator:
Carol Michel - Weinberg, Wheeler, Hudgins, Gunn & Dial (Atlanta, GA)
Room: Chappallet / Mondavi


Discussion Group Leaders::
Gwyn Quillen - Bingham McCutchen (Southern CA)
Teresa Bartosiak - Sandberg, Phoenix & von Gonatrd (St. Louis, MO)
Sandi Pack - Litigation Attorney / Caterpillar
Wendi Boyden - Supervisor, Employment Practices / Lexington Ins.
Maureen Middleton - V. President and Asst. GC / Primerica
SESSION C:
MANAGING IN-HOUSE COUNSEL'S EXPECTATIONS IN LITIGATION
Moderator:
Bob Kerrigan - Deutsch, Kerrigan & Stiles (New Orleans, LA)
Room: Martini / Trefethen


Discussion Group Leaders::
Tony Portuese - Assistant General Counsel, Litigation / GAB Robins
Frank Ferrara - Associate General Counsel / Veolia Water
Kelly Corr - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
SESSION D:
LITIGATION MANAGEMENT
Moderator:
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
Room: Sebastiani / Chandon / Behringer


Discussion Group Leaders::
Lance McPherson - Vice President and Senior Counsel / MTV
Vate Powell - Vice President, Litigation and IP / MTV
SESSION E:
LITIGATION MANAGEMENT
Moderator:
Ellen Darling - Snell & Wilmer (Orange County, CA)
Room: Buena Vista / Sutter Home


Discussion Group Leaders::
Steve Fogg - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Brendan O'Rourke - Manager, AE Claims / Lexington Insurnace
Joe Cincotta - Gibbons (Philadelphia, PA)
 

--- ONLINE REGISTRATION ---
April 23-26, 2009


First Name:
Last Name:
Position/Title:
Company:
Business Phone:
Fax:
Home Phone:
Email:
Company Address1:
Company Address2:
City:
State:

Zip:

   
Name of Spouse or Sig. Other Attending:
   
Invited By:
(Firm and Last Name)
If you weren't invited by a Network Firm, please let us know how you heard of us.
   
Comments:
Let us know of any special circumstances or requests that will help us make your stay with us more comfortable. E.g., nick names, two rooms, no room, dietary, children, no smoking rooms, king size bed, non-standard arrival or departure needs, etc.
   
Most Guests are arriving on Thursday, April 23 and Departing on Sunday, April 26 Please enter your Arrival and Departure dates below
Arrive: Apr
Depart: Apr

CLE INFORMATION
Please enter below the State(s) that you are admitted to and your ID Number(s)
State1: ID:
State2: ID:
State3: ID:
State4: ID:


Seminar Agenda
THU APR 23 7:00p Opening Reception and Dinner on the Fairway Deck
THU APR 23 10:00p Hospitality Suite
FRI APR 24 7:30a Continental Breakfast on the Fairway Deck
FRI APR 24 8:30a CLE SuperCourse Day 1 Begins
FRI APR 24 10:00a Spouse/Significant Other Cooking Demonstration
FRI APR 24 12:50p CLE SuperCourse Day 1 Concludes
FRI APR 24 1:30p Afternoon Recreation: Golf, Winery Tour, Spa
FRI APR 24 6:30p Busses Board for Dinner at the Culinary Institute of America
FRI APR 24 10:00p Hospitality Suite
SAT APR 25 7:30a Continental Breakfast on the Fairway Deck
SAT APR 25 8:30a CLE SuperCourse Day 2 Begins
SAT APR 25 12:40p CLE SuperCourse Day 2 Concludes
SAT APR 25 1:30p Afternoon Recreation: Golf, Photo Safari, Winery Tour, Spa
SAT APR 25 6:30p Busses Board for Dinner at Markham Vineyards
SAT APR 25 10:00p Hospitality Suite

Recreation

Golf at Silverado
Enjoy Silverado's natural beauty by playing their 18-hole Napa Valley Wine Country golf courses, in the distinctive style of its architect, Robert Trent Jones, Jr. The resort's courses cover 360 acres and feature lush vegetation, ponds, lakes, three creeks, trees arching over the fairways and artfully placed traps and greens. Home of the Transamerica Senior PGA Championship, Silverado hosted the Smothers European Mercedes-Benz Napa Valley Mustard Festival Golf Benefit on the South Course.

The Ultimate Winery Tours
Learn the secrets to making great Napa Valley wines during two days of unique winery tours. Our private vineyard tours of Artesa, Andretti and Behringer detail the unique geology and climate of this section of California and looks at the discoveries made by early wine pioneers. Enjoy wine tasting with spectacular panoramic views.




Wine Country Photo Safari
Learn photography in the beautiful Wine Country with renowned photographer Keith Rosenthal, a fun and a great teacher. His hands-on class provides each guest with individual attention for all levels of photographic experience. The class will be in the field with private access to the vineyards and barrel rooms of famous wineries. Bring your own camera or we will have a supply of disposable cameras available.



The Silverado Spa
Inspired by the serene sophistication of a classic Roman spa, The Spa at Silverado offers fitness, Spa and salon services surrounded by tranquil garden courtyards and breathtaking scenic views. Our goal is to offer both the novice and seasoned spa-enthusiast a haven of absolute relaxation and healthy rejuvenation - our philosophy is, quite simply, to create joy.