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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management
with a Vengeance
The Company Strikes Back

The Sanctuary Resort
Kiawah Island, SC


Program Brochure

Day 1 (Friday, Nov. 5) - Opening Statements
8:30a - 8:35a
NETWORK CHAIR
Tony White -- Thompson Hine (Columbus, OH)

8:35a - 8:40a
SEMINAR Co-CHAIRS
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Molly Craig -- Hood Law Firm (Charleston, SC)
High Gottscahlk -- Wheeler Trigg O'Donnell (Denver, CO)
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
 
Session I
8:40a - 9:00a
WHAT'S YOUR STORY? IT'S SIMPLY THE KEY TO WINNING YOUR CASE
Jeff Parsons -- Beirne Maynard & Parsons (Houston, TX)
Trial lawyer Jeff Parsons discusses the critical importance of effective storytelling in winning the hearts and minds of a jury.  Topics include the elements of an effective story, the identification and use of themes, testing your story through jury science, and strengthening your story through effective demonstrative evidence.  See how effective storytelling can turn complex cases into simple disputes and hard-to-win cases into victories.
9:00a - 9:20a
A TRIAL LAWYER'S GUIDE TO THE UNIVERSE
John Fitzpatrick -- Wheeler Trigg O'Donnell (Denver, CO)
With a dozen or more trials to verdict every year, trial lawyer John Fitzpatrick shares some secrets to winning juries’ confidence and their verdicts.  Not quite Zen, but close, Fitz has some fundamental do's and don’ts that every in-house lawyer needs to know.

9:20a - 10:00a
PANEL DISCUSSION: CHANGING IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS
Moderator: David Neave -- Blake Cassels & Graydon (Canada)
In-house and outside counsel discuss law departments’ and law firms’ responses to the changing legal marketplace, 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:
John Letchinger - Wildman Harrold (Chicago, IL)
Arthur Molins - Lufthansa German Airlines (East Meadow, NY)
Kara Ong - AT&T Mobility (Atlanta, GA)
Victor Leo - Eaton Corporation (Cleveland, OH)
Livingstone Johnson - Coca-Cola (Atlanta, GA)
 
Refreshment and Coffee Break
 
Session II
10:30p - 10:50a
POST-ELECTION: WHAT IN-HOUSE COUNSEL NEED TO KNOW AND DO
John Entenman -- Dykema (Detroit, MI)
Elections have consequences, and the November 2 national elections in the U.S. could impact employers in many important ways. The status quo may remain largely in place, or we could see significant changes. In-house counsel will want to be prepared to advise their corporate clients as to the changing legal and political landscape. John Entenmann will offer a to-do roadmap for employers to consider.
10:50a - 11:10a
COMPLIANCE: IN-HOUSE COUNSEL'S NEW CHALLENGES
Scott O'Connell -- Nixon Peabody (Boston, MA)
In-house counsel are facing unprecedented legal risks posed by increased regulation and changing legislation. Trial lawyer Scott O'Connell will provide practical tips to in-house counsel to position themselves appropriately while dealing with ethical, reputational and compliance issues.
11:10p - 11:30p
ETHICS: Privilege AND IN-HOUSE COUNSEL
James Miller -- Akerman Senterfitt (Miami, FL)
Increased licensing requirements specifically addressing in-house counsel are causing the attorney-client privilege and work product doctrine to come under review. Trial lawyer Jim Miller will examine the basis for the privilege and doctrine for in-house lawyers, survey challenges and suggest best practices to afford protection to attorney-client communications and work product.

11:30a - 11:50a
ETHICS: AVOIDING TRAPS IN INTERNAL INVESTIGATIONS
Lee Barfield -- Bass Berry & Sims (Nashville, TN)
Do's and don'ts in performing the General Counsel's role; protecting confidentiality, work product, and common interests; use of joint defense agreements; risks of cover ups, the crime-fraud exception and obstructions of justice; the Upjohn template; disclosures in, up and out under Model Rule 1.13 and Sarbanes-Oxley; and the effective use of Audit Committees and QLCCs.
11:50a - 12:10p
ETHICS: EFFECT OF CORPORATE IT POLICIES ON OTHERWISE PRIVILEGED COMMUNICATIONS
Jon Barton -- Sandberg Phoenix & vonGontard (St. Louis, MO)
Personal use of corporate IT resources has become commonplace and, in some instances, essential for busy employees.  If the company has an IT monitoring policy, however, that policy could prevent any privilege from attaching to personal communications from company employees to third parties (attorneys, spouses) that pass through the company's server.  Counsel should be aware of the effect these corporate IT policies have (or could have) on evidentiary privileges and, therefore, the scope of discoverable information in various litigation settings.
 
Day 2 (Saturday, Nov. 6) - Welcome Back

8:35a - 8:40a
SEMINAR Co-CHAIRS
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Molly Craig -- Hood Law Firm (Charleston, SC)
High Gottscahlk -- Wheeler Trigg O'Donnell (Denver, CO)
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
 
Session III
8:40a - 9:00a
IN-HOUSE COUNSEL AVOIDING E-DISCOVERY HEADACHES
Bill Belt -- LeClairRyan (Richmond, VA)
Before you allow e-Discovery compliance and sanctions concerns to overtake your life and derail you from defending your cases, in-house counsel could use some straightforward practice pointers to simplify e-Discovery and minimize its cost.  A few easy steps now can avoid disaster later.  Trial lawyer Bill Belt sets forth easy-to-implement methods to minimize your company’s vulnerability, coordinate with your IT department and communicate with all levels of management to avoid spoliation, heavy sanctions, and adverse criticism.  A stitch in time….
9:00a - 9:20a
PROTECTING YOUR BRAND FROM SOCIAL NETWORK ABUSE
Miguel Pozo -- Lowenstein Sandler (Roseland, NJ)
Social networks and other technical changes pose challenges and opportunities for in-house counsel to protect their company's brands and public image. Trial lawyer Miguel Pozo will discuss trends and best practices to protect your company in the new highly connected wired and wireless world.

9:20a - 10:00a
PANEL DISCUSSION: IN-HOUSE COUNSEL ON THE HOT SEAT
Moderator: Kelly Corr-- Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
A potpourri of sticky situations facing in-house counsel and what to do about them.  Lessons learned from the options backdating debacles, to former in-house counsel turned whistleblower and discovery sanctions.

With Discussion By:
Gregory Thiess - Robert Bosch (Broadview, IL)
Steve Imbriglia - Gibbons (Philadelphia, PA)
Overton Thompson - Bass Berry & Sims (Nashville, TN)
 
Refreshment and Coffee Break
 
Session IV
10:30a - 10:50a
Guilt by Association: You Didn’t Design It, Make It, or Sell It, But You Could be Liable AnywaY
Wynn Shuford -- Lightfoot Franklin & White (Birmingham, AL)
Civil conspiracy claims are on the rise in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases.  Trade association membership is fueling claims of enterprise liability, conspiracy, concert of action, collusion, fraud, deceptive trade practices and false advertising.  Late-joining “conspirators”, lack of intentional acts, observers vs. participants, intra-corporate civil conspiracy and the plurality requirement factor into defense strategies.  Defense weapons include demands for bills of particulars, motions to dismiss, motions for summary judgment, motions in limine, interrogatories, causal nexus, and a company story separate from the industry story.
10:50a - 11:10a
CATASTROPHIC LOSS CASES - HOW THEY ARE DIFFERENT
Chuck Clay -- Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
Even heavily experienced litigation managers pay particular attention to catastrophic losses.  Cases that can draw attention to the company and to in-house counsel, and affect stock price, and company sales and reputation, always merit extra focus.  Early detection and valuation are critical, and a team approach is often required.  Recognizing who is on that team, and what their interests are will go a long way to achieving a successful result.
 
Closing Statements Before Break-Outs
11:10a -11:20a
network CHAIR-ELECT
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
 
Litigation Management Break-Outs (1 Hour)
SESSION A:
LITIGATION MANAGEMENT and THE IMPACT OF CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS
Moderator:
Alex Marconi -- Snell & Wilmer (Phoenix, AZ)

Room: Grand Oaks D

Discussion Group Leaders:
Bobby Hood, Jr. - Hood Law Firm (Charleston, SC)
Rich Doherty - Harsco (Camp Hill, PA)
Sandi Pack - Caterpillar Financial (Nashville, TN)
Greg Takehara - Berkley Insurance Agency (Jericho, NY)

SESSION B:
LITIGATION MANAGEMENT and THE IMPACT OF CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS
Moderator:
Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)

Room: Grand Oaks C

Discussion Group Leaders:
Nicole Bearce Albano - Lowenstein Sandler (Roseland, NJ)
John Moore - Swiss Re (Midlothian, VA)
Chuck Pritchett - Frost Brown Todd (Louisville, KY)
Dale Norgard - American Airlines (Fort Worth, TX)

SESSION C:
LITIGATION MANAGEMENT and THE IMPACT OF CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS
Moderator:
Denise Lazar-- Wildman Harrold (Chicago, IL)

Room: Heron I

Discussion Group Leaders:
Jack Sharman - Lightfoot Franklin & White (Birmingham, AL)
Ray Kolls - Wright Medical Technology (Arlington, TN)
Tony Portuese - GAB Robins (Parsippany, NJ)
Chloe Dallaire - Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)

SESSION D:
LITIGATION MANAGEMENT and THE IMPACT OF CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIPS
Moderator:
Walter Boone -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)

Room: Heron II

Discussion Group Leaders:
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)
Adam Peck - Lightfoot Franklin & White (Birmingham, AL)
Bruce Roznowski - AEGIS Insurance (East Rutherford, NJ)
Hal Morlan - Akerman Senterfitt (Orlando, FL)

 

--- ONLINE REGISTRATION ---
November 4-7, 2010


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Most Guests are arriving on Thursday, Nov. 4 and Departing on Sunday, Nov. 7. Please enter your Arrival and Departure dates below.
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CLE INFORMATION
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Seminar Agenda
THU NOV 4 7:00p Opening Reception and Dinner Poolside
THU NOV 4 10:00p Hospitality Suite (Ashley & Cooper)
FRI NOV 5 7:30a Registration / Continental Breakfast in the Grand Oaks Foyer
FRI NOV 5 8:30a CLE SuperCourse Day 1 Begins (Grand Oaks AB)
FRI NOV 5 9:30a Spouse/Significant Other Charleston Tour
FRI NOV 5 12:10p CLE SuperCourse Day 1 Concludes
FRI NOV 5 12:30p Golf, Spa, Bicycling, City Tour
FRI NOV 5 6:30p Busses Board for Dinner at Ocean Golf Course
FRI NOV 5 10:00p Hospitality Suite (Ashley & Cooper)
SAT NOV 6 7:30a Continental Breakfast (Grand Oaks Foyer)
SAT NOV 6 8:30a CLE SuperCourse Day 2 Begins
SAT NOV 6 12:20p CLE SuperCourse Day 2 Concludes
SAT NOV 6 1:00p Golf, Spa, Nature Walk, Kayaking, College Football
SAT NOV 6 7:00p Reception and Dinner at Mingo Point
SAT NOV 6 10:00p Hospitality Suite (Ashley & Cooper)

Recreation

The Kiawah Golf Experience
Host of the 2012 PGA Championships, the Ocean Course offers panoramic views of the Atlantic Ocean from all 18 holes. Named "#1 Golf Course in South Carolina" by Golf Digest, this course has easterly and westerly wind challenges in mind. Osprey Point is a masterpiece in playability and variety. Featuring four large, natural lakes, fingers of saltwater marsh, and dense maritime forests, the course offers a wide variety of memorable holes, each presenting its own unique challenges.


Charleston City Tour
The cultural capital of the South, Charleston has become one of the most popular travel destinations in the country. Founded in 1670, Charleston has endured many trials and tribulations, including fires, hurricanes and the Civil War, only to emerge more splendid and glorious than ever. Charleston's natural beauty, Old World charm, numerous historic structures and location on a low-lying peninsula have earned the city accolades.

Kiawah Cycling Photo Tour
Explore the five major eco-systems by bicycle with the Kiawah Island naturalists and capture the memories through photography with our expert staff photographer. Cameras will be provided, but amateur photographers are welcome to bring more hi-tech equipment.




Kiawah Kayaking
Kayaking at its best. We’ll paddle in boats through some of the most remote tidal creeks in the Lowcountry. Paced for the novice paddler, this tour is great for viewing some of the brilliant landscapes Kiawah has to offer and provides an excellent time to get up close with the native wildlife. Enjoy unique encounters with dolphins, egrets, pelicans, and so much more.



College Football Frenzy
Are you ready for some football? Some say what happens on a college football field beats NFL play in excitement and intensity. Heisman versus Lombardi? What’s your take? Well, whatever your position on the matter, the season of college tail, toss and tackle is now here in force, and so it is only customary that the Network hosts its Annual Fall College Football Event at The Sanctuary. Come watch the games with us!



Lowcountry Oyster Roast BBQ
The beautiful riverside setting at sunset provides a scenic backdrop for the traditional fare of our famous Lowcountry barbecue with a pig-pull and a Carolina oyster roast. Fresh peel-and-eat shrimp, barbecue chicken, ribs, coleslaw, molasses baked beans, desserts and more will be waiting for a dining experience you'll never forget. And, during dinner, enjoy live music to the melodies of the coastal area's finest Bluegrass musicians.


Sanctuary Spa
Sanctuary Spa's charming setting is reflected in our Lowcountry offerings derived from botanical extracts, nourishing seaweed, mineral-rich mud and natural enzymes. Our vast coastline and lush greenery were the inspiration behind several of our signature treatments. Time stands still as you heed the soft call of the ocean waves and tinkling garden chimes as you sink into your spa experience.

 

Located along the pristine shores of Kiawah Island, SC,
this exquisitely designed oceanfront hotel,
just thirty minutes from downtown Charleston,
captures the spirit, history and charm of the beautiful south.

Come walk through the front doors and
experience a seaside mansion, where you will be surrounded
by the grandeur of the architecture and hospitality at its finest.