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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management in a NEW YORK Minute - 2010

August 6, 2010

The City Bar Building
42 West 44th Street
New York, NY


This course has been approved by the New York State CLE Board for
5 CLE Credit Hours in Areas of Professional Practice
and 1 CLE Credit Hour in Ethics and Professionalism.
(Non-Transitional; Course #SKL0807)


This course is also approved in California, Illinois and Georgia. Other states are pending.



Friday, August 6 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
Tony White-- Thompson Hine (Columbus, OH)
9:05a - 9:10a
SEMINAR Co-CHAIRS
Bruce Friedman -- Bingham McCutchen (L.A., CA)
James Miller -- Akerman Senterfitt (Miami, FL)
Mark Miller -- Wildman Harrold (Chicago, IL)
 
Session I
9:10a - 9:30a
IS THAT MY CLIENT ON YOUTUBE?
James Miller -- Akerman Senterfitt (Miami, FL)
Substantive and procedural practice pointers for in-house counsel to assure that video-recorded depositions of company employees and other information produced during discovery never get YouTube or any other unauthorized publication.
9:30a - 9:50a
FREE SPEECH OR SANCTIONS?
Tianna Hill Raby -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Where is the boundary when an in-house lawyer or trial lawyer's comments about the judiciary move from speech protected by the First Amendment to sanctionable conduct subject to fines, bar complaints, or jail time?
9:50a - 10:10a
COPYCAT LIABILITY
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
Unintentional, even superficial use of copyrighted material can land your company in the grease.  Ads, webpages, promotional materials, proposals and other company-generated publications are fertile ground for violations as well as declaratory, injunction, enforcement and damage actions.  Everything from an Internet site to a song “hook” is fair game.
10:10a - 10:50a
PANEL DISCUSSION: CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator: Rod Heard -- Wildman Harrold (Chicago, IL)
In-house and outside counsel discuss law departments’ and law firms’ responses to the economic downturn, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts.

With Discussion By:
Joel Hoxie - Snell & Wilmer (Phoenix, AZ)
Cooper Ashley - Maslon Edelman (Minneapolis, MN)
Tom Sarakatsannis - L'Oreal (New York, NY)
Anthony Portuese - GAB Robins North America (Parsippany, NJ)
William Sparks - WR Grace & Co. (ret.) (Wilmington, DE)
Jim McQuaid - Chartis Insurance (New York, NY)
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
STORMING THE FRONT LINE: WHAT IN-HOUSE COUNSEL MUST DO WHEN YOU ACTUALLY END UP AT TRIAL
Terry Sullivan -- Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
Sure most cases get settled.  But what about those cases where a jury is picked and a trial starts?  Will in-house counsel managing litigation be second-guessed or ill-prepared when a case actually goes to trial?  What in-house counsel should be alert to and prepared to deal with in every case so that no case goes awry.
11:40a - 12:00p
LITIGATION UNDER FIRE: THE HIGH-PROFILE CLIENT AND THE COURT OF PUBLIC OPINION
Marshall Grossman -- Bingham McCutchen (Santa Monica, CA)
Your client is under attack in court and in the media. A primer for retaining your client and your sanity.
12:00p - 12:20p
CLASS ACTIONS - NEW HURDLES
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
What in-house counsel need to know about recent U.S. Supreme Court decisions concerning procedural barriers to class action status, class arbitrations, and whether state laws prohibiting class actions will actually do so.
12:20p - 1:00p
PANEL DISCUSSION: TRIAL LAWYERS FACING THE NEW DECADE
Moderator: Jerry Glas-- Deutsch Kerrigan & Stiles (New Orleans, LA)
What’s ahead?  More of the same or none of the same?  Here’s how trial lawyers see the future and how they’re adapting to cope with it.

With Discussion By:
Jessalyn Zeigler - Bass Berry & Sims (Nashville, TN)
Ike Ryan - Deutsch Kerrigan & Stiles (New Orleans, LA)
Mark Hauck - Dykema (Detroit, MI)
 
Session III - Working-Lunch Break-Outs
1:00p - 2:00p
SESSION A:
LITIGATION MANAGEMENT
Moderator:
Alex Marconi - Snell & Wilmer (Phoenix, AZ)
Room: Evarts


Discussion Group Leaders:
Mike Fried - Assistant Vice President - ACE USA
Sherry Holland - State University of NY (Formerly with Phelps Dodge)
Jeff Ment - Rome McGuigan (Hartford, CT)
Hal Morlan - Akerman Senterfitt (Orlando, FL)

1:00p - 2:00p
SESSION B:
EMPLOYMENT LAW
Moderators:
John Entenman - Dykema (Detroit, MI)
Room: Tweed


Discussion Group Leaders:
Deborah Catalano - Akerman Senterfitt (Orlando, FL)
Edward Kennelly - Chartis Insurance (New York, NY)

1:00p - 2:00p
SESSION C:
WHEN THE FEDS KNOCK ON YOUR DOOR
Moderator:
Nathan Hochman - Bingham McCutchen (Santa Monica, CA)
Room: Carter



1:00p - 2:00p
SESSION D:
CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator:
Mark Miller - Wildman Harrold (Chicago, IL)
Room: Choate


Discussion Group Leaders:
R. Bruce Whitney - Air Products & Chemicals (New Tripoli, PA)
Judge Michael Chavies - Akerman Senterfitt (Miami, FL)
Steven Fogg - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)

1:00p - 2:00p
SESSION E:
CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator:
Steve Mooney - Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
Room: Cromwell


Discussion Group Leaders:
Bobby Hood, Jr. - Hood Law Firm (Charleston, SC)
Jeff Coyle - MCIC Vermont (New York, NY)
Scott Marrs - Beirne Maynard & Parsons (Houston, TX)

1:00p - 2:00p
SESSION F:
CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator:
David King - Bass Berry & Sims (Nashville, TN)
Room: Hughes


Discussion Group Leaders:
James Weller - Nixon Peabody (New York, NY)
Stefan Bourn - Forman Perry Watkins Krutz & Tardy (Jackson, MS)
David Harris - Lowenstein Sandler (Roseland, NJ)

1:00p - 2:00p
SESSION G:
CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator:
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
Room: Davis


Discussion Group Leaders:
Joe Cincotta - Gibbons (Philadelphia, PA)
Deidre Beckett - LVMH Moet Hennessey Louis Vuitton (NY, NY)
Walter Boone - Forman Perry Watkins Krutz & Tardy (Jackson, MS)

1:00p - 2:00p
SESSION H:
CHANGING TIMES FOR IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS AND ROLES
Moderator:
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, IL)
Room: Stimson


Discussion Group Leaders:
Andrew Spacone - Textron Inc. (Providence, RI)
Alan Gries - Gibbons (Philadelphia, PA)
Kirk Forrest - Mineral Technologies (New York, NY)
 
Session IV
2:00p -2:20p
EFFECTIVE ELECTRONIC CASE MANAGEMENT
Andrew Cox -- Thompson Hine (Cleveland, OH)
Cost effective case management tools to reduce massive amounts of data in complex litigations. Culling information for a database of key exhibits and deposition testimony. Flexibility to continually build on the litigation team's collective work product and avoid duplicative costs as matters progress toward resolution.
2:20p - 2:40p
EXECUTIVE PAY: POTENTIAL LITIGATION PITFALLS
William Cronin -- Corr Cronin (Seattle, WA)
Executive pay is in the crosshairs of plaintiff law firms and the government. The issues are as diverse as the payments - stock options, special cash payments, severance packages -- and the dollars are big. What in-house counsel can do to avoid litigation disasters.
 
Session V - One Hour of Ethics
2:40p -3:00p
ETHICS: FIDUCIARY DUTIES OF IN-HOUSE COUNSEL
Nicole Bearce Albano -- Lowenstein Sandler (Roseland, NJ)
With reasonable risk management systems in place, courts will protect boards of directors and defer to business judgment and sound governance principles. Judicial scrutiny of Special Litigation Committees in increasing, as it is for shareholder derivative suit settlements. Get an overview of trends in fiduciary duty and corporate governance law, with a focus on important developments regarding fiduciary duties of in-house counsel.
3:00p -3:20p
ETHICS: IMPLICATIONS OF SOCIAL NETWORKING
Linda Woolf -- Goodell DeVries Leech & Dann (Baltimore, MD)
Uh oh, where did the opposition get that information about our company?  Which misinformed insider has been talking about us on the Internet and creating misinformation that we now need to set straight?  In-house counsel need to promulgate policies and spread the word in the workplace about social networking by company employees, vendors and professionals to protect the company from unnecessary brush fires that could burn out of control.
3:20p -3:40p
ETHICS: E-DISCOVERY, IN-HOUSE COUNSEL AND NEW YORK'S NEW CODE OF PROFESSIONAL CONDUCT
Joseph Ortego -- Nixon Peabody (New York, NY)
The requirements for the discovery of electronically stored information (ESI) are constantly developing. In 2003–2004, Judge Scheindlin issued a series of opinions in Zubulake v. UBS Warburg LLC that established the scope of ESI subject to discovery and the extent of a party’s duty to preserve ESI once litigation is reasonably anticipated. Further, recent amendments to the FRCP address the scope and process of e-discovery. However, neither Zubulake nor the amendments to the Federal Rules provide much detail regarding appropriate sanctions for a party’s spoliation of ESI. Judge Scheindlin’s recent decision in Pension Committee addresses this issue.
 
Closing Statements
3:40p - 3:45p
NETWORK CHAIR
Tony White-- Thompson Hine (Columbus, OH)
 

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Seminar Agenda
FRI AUG 6 7:30a Continental Breakfast and Program Registration
FRI AUG 6 9:00a Opening Statements
FRI AUG 6 9:10a CLE Session I
FRI AUG 6 10:50a Coffee and Refreshment Break
FRI AUG 6 11:20p CLE Session II
FRI AUG 6 1:00p CLE Session III - Working-Lunch Break-Out Sessions
FRI AUG 6 2:00p CLE Session IV
FRI AUG 6 2:40p CLE Session V - Ethics
FRI AUG 6 3:40p Closing Statements