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

Keys to Litigation Management Success

The Montage Resort and Spa
Laguna Beach, California


Program Brochure

Day 1 (Friday, Nov 4) - Opening Statements
8:30a - 8:35a
NETWORK CHAIR
Tony Lathrop
Moore & Van Allen (Charlotte, NC)

8:35a - 8:40a
SEMINAR Co-CHAIRS
David Harris -- Lowenstein Sandler (Rioseland, NJ)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Scott O'Connell -- Nixon Peabody (Boston, MA)
 
Session I
8:40a - 9:00a
AN INCREASINGLY POPULAR HEAD INJURY CLAIM: DISINHIBITION AND IRRESISTIBLE IMPULSES
How one accident can become the causal factor for subsequent and unrelated misbehavior, and how to debunk the claim
Jerry Glas
Deutsch Kerrigan & Stiles (New Orleans, LA)
With 1.7 million traumatic brain injuries ("TBI") annually in the U.S. and another 200,000 or so in Canada, plaintiffs are now blaming TBI for lack of restraint, disregard for social conventions, impulsivity and poor risk assessment. Plaintiff counsel are now linking hypersexuality, hyperphagia and aggressive outbursts to prior TBI's. Claims for medical monitoring and 24-hour care are proliferating. Trial lawyer Jerry Glas will describe the phenomenon and educate in-house counsel about what to look for, where to find it, and how to explain accountability.
9:00a - 9:20a
LESSONS FROM "THE OFFICE": EMPLOYMENT LAW UPDATE
Nikki Nesbitt
Goodell DeVries Leech & Dann (Baltimore, MD)
Avoid becoming the next Dunder Mifflin as trial lawyer Nikki Nesbitt reviews employment case law developments and litigation trends. Appellate courts appear to be working overtime issuing opinions affecting the workplace. Nikki will fill us in on recent decisions and best practices.
9:20a - 9:40a
AN IN-HOUSE LAWYER'S PROFESSIONAL DUTIES VS. RIGHTS AS AN EMPLOYEE
Joe Ortego
Nixon Peabody (New York, NY)
Balancing an in-house lawyer’s employment rights and duties with his/her ethical and fiduciary obligations of confidentiality. Trial Lawyer Joe Ortego discusses the few decisions in this growing minefield of problems for in-house counsel and their corporate clients.
9:40a - 10:20p
PANEL: HANDLING THE COMPLEX CASE
In-house Counsel Methods and Strategies
Moderator: Steve Mooney
Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
In-house litigation managers will share management approaches, investigation processes, risk analysis procedures, expectations regarding outside counsel, strategy development, discovery response and organization, and resolution approaches from notice through litigation, trial and settlement.

With Discussion By:
Ben Jeffers - Dykema (Detroit, MI)
Pamela Johnson - Travelers (St. Paul, MN)
Perry Sekus - UnitedHealth (Minnetonka, MN)
Bert Lohse - SCI Corporation (Houston, TX)
Cooper Ashley - Maslon Edelman Borman & Brand (Minneapolis, MN)
 
Refreshment and Coffee Break
 
Session II
10:50a - 11:10a
WHEN THE FEDS KNOCK ON YOUR DOOR
Jacqueline Arango
Akerman Senterfitt (Miami, FL)
Companies in all industries are facing increased investigation activity and criminal prosecution in areas ranging from health care fraud to public and private corruption, false claims act cases oftentimes initiated by whistleblower complaints, and money laundering. Increased enforcement scrutiny and a much tighter operating environment intolerant of corporate wrongdoing present continuing problems for in-house counsel. Compliance policies and practices, as well as self-policing can take the sting out and lessen liability. Trial lawyer Jacqui Arango shares best practices for operating in this increasingly anti-business environment and handling federal agents and prosecutors bent on attacking your company.
11:10a - 11:30a
PRELUDE TO TRIAL: MEDIATION IN THE MODERN AGE
Jon Barton
Sandberg Phoenix & von Gontard (St. Louis, MO)
Mediation is often the last opportunity many trial lawyers have to speak directly to the opposing party prior to trial. How is that time best used? What message should be conveyed? With fewer cases being tried to verdict, mediation has become more important in casting doubt upon your opponent's case while at the same time balancing the economic reality of trial with the potential for resolution on your terms.
11:30a - 11:50a
ARBITRATION: GREAT EXPECTATIONS, UNFULFILLED PROMISES
John Worden
Schiff Hardin (San Francisco, CA)
Want limited appellate recourse, an uneven playing field, questionable objectivity, lack of transparency, increased costs? Well then, arbitration is for you. Trial lawyer John Worden examines the concessions that corporate litigants make in selecting arbitration over jury trials, including the virtual absence of appellate rights, no opportunities for dispositive motions, routine flaunting of evidentiary rules, and other downsides that increasingly counsel against mandatory arbitration.
11:50a - 12:30p
PANEL: RECENT DEVELOPMENTS IN ARBITRATION CASE LAW
Moderator: David Rauch
Snell & Wilmer (Phoenix, AZ)
Our panel will discuss how and when they plan for dispute resolution by arbitration, and when they opt for the courts. We'll hear about real-world commercial situations and the considerations driving dispute resolution selection. Different situations call for different strategies. In-house decision-making will be analyzed in light of recent USSC decisions, including AT&T Mobility LLC, Stolt-Nielsen, Rent-a-Center, and Granite Rock Co.

With Discussion By:
Michael Reagan - Kahala Corporation (Scottsdale, AZ)
Patricial Brown Holmes - Schiff Hardin (Chicago, IL)
Michael Moore - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
David Harris - Lowenstein Sandler (Roseland, NJ)
 
Day 2 (Saturday, Nov. 5) - Welcome Back

8:00a - 8:10a
SEMINAR Co-CHAIRS
David Harris -- Lowenstein Sandler (Rioseland, NJ)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Scott O'Connell -- Nixon Peabody (Boston, MA)
 
Session III
8:10a - 8:30a
BURDEN OF PROOF: A DEFENSE ARISING AT TRIAL
How a Plaintiff's Failure to Meet it Can Win Your Case
Adam Peck
Lightfoot Franklin & White (Birmingham, AL)
Defendants press for "clear and convincing" evidence while plaintiffs argue for the sufficiency of a "preponderance of the evidence." Emphasis on this defense can turn a jury. Too often defense counsel fail to keep plaintiffs' feet to the fire by requiring them to meet their burden of proof. A plaintiff's failure to meet that burden can be dispositive, resulting in a win for the defense, even absent other viable defenses, but defense and in-house counsel must be vigilant.
8:30a - 8:50a
DEMOLISHING EXPERT WITNESSES AND EXPERT WITNESS MALPRACTICE
Marshall Grossman
Bingham McCutchen (Santa Monica, CA)
Since Daubert, expert witness work is not a free ride. Learn techniques built on decades of experience destroying opposing experts and delivering friendly experts unscathed after cross-examination.
8:50a - 9:10a
CLASS ACTION UPDATE
Tony Lathrop
Moore & Van Allen (Charlotte, NC)
The Supreme Court recently upheld a contract provision that prohibited class arbitration, reversing lower court rulings. The court held that class arbitration greatly increases the risks to defendants that errors will go uncorrected. Trial lawyer Tony Lathrop will provide practical, timely information for in-house counsel regarding class action waivers in contractual arbitration provisions.

9:10a - 9:50a
PANEL: FOREIGN CORRUPT PRACTICES ACTIONABLE AT HOME AND ABROAD AS ENFORCEMENT INCREASES
Moderator: David Neave
Blake Cassels & Graydon (Canada)
Foreign corrupt practice laws in place in the U.S. and Canada, as well as in the U.K. and elsewhere make bribing public officials actionable here and abroad. Enforcement is rising along with penalties in the millions of dollars. These are highly visible investigations, and convictions attract damaging front-page media attention. Our panel will discuss the scope of legislation as well as proactive steps to ensure that employees and agents act lawfully as they negotiate and perform international business transactions.

With Discussion By:
Scott O'Connell - Nixon Peabody (Boston, MA)
Doug Klint - TASER (Scottsdale, AZ)
Suzanne Foster - Salient Surgical (Portsmouth, NH)
 
Refreshment and Coffee Break
 
Session IV
10:20a - 10:40a
THINKING OFF THE PAGE: WHEN TRADITIONAL APPROACHES MUST YIELD TO INNOVATIVE RESOLUTION METHODS
David King
Bass Berry & Sims (Nashville, TN)
Trial lawyer David King brings new thinking to the old idea that lawsuits must follow a pre-set path. He presents methods that streamlined and successfully resolved scores of cases arising out of common facts, while eliminating duplicative legal presentations and witness testimony, minimizing legal fees and settlement costs, and managing attendant public relations fall-out.
10:40a - 11:20a
PANEL: THE PROLIFERATION OF THE PANEL COUNSEL LIST
Moderator: Phillip Sykes
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
One of the recognizable trends in outside counsel management over the last decade has been the requirement for outside counsel to be a member of an approved list of attorneys sorted by geographic region and/or specialty. Our panel of in-house counsel discuss their experiences with panel lists, including the benefits achieved from specialized knowledge of product, special legal defenses, and cost management.

With Discussion By:
Kelly Witte - Cummins (Indianapolis, IN)
Cindy Hennessey - AT&T Mobility (Redmond, WA)
Micheal Hoffman - Riverstone Residential (Dallas, TX)
Hugh Gottschalk - Wheeler Trigg O'Donnell (Denver, CO)
 
Closing Statements Before Break-Outs
11:20a -11:30a
network VICE-chair
Roger McCleary
Beirne Maynard & Parsons (Houston, TX)
 
Litigation Management Break-Outs (1 Hour)
SESSION A:
LITIGATION MANAGEMENT
Moderator: Alex Marconi
Snell & Wilmer (Phoenix, AZ)

Room: Grand I

Discussion Group Leaders:
Nicole Bearce Albano - Lowenstein Sandler (Roseland, NJ)
William Scarff - Allergan (Irvine, CA)
Michael Moore - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Jim Miller - Akerman Senterfitt (Miami, FL)
Kevin Schiferl - Frost Brown Todd (Indianapolis, IN)
Alan Gries - Gibbons (Philadelphia, PA)
David Schultz - Maslon Edelman Borman & Brand (Minneapolis, MN)
Tom Myrick - Moore & Van Allen (Charlotte, NC)

SESSION B:
LITIGATION MANAGEMENT
Moderator: Bobby Hood, Jr.
Hood Law Firm (Charleston, SC)
Room: Gallery II

Discussion Group Leaders:
James Balich - Schiff Hardin (San Francisco, CA)
John Fitzpatrick - Wheeler Trigg O'Donnell (Denver, CO)
Bern O'Kane - Universal Health Services (King of Prussia, PA)
Jesslyn Zeigler - Bass Berry & Sims (Nashville, TN)
Jonathan Schmitt - Baker Hughes (Houston, TX)
Roger McCleary - Beirne Maynard & Parsons (Houston, TX)

Rick Barnes - Goodell DeVries Leech & Dann (Baltimore, MD)
SESSION C:
LITIGATION MANAGEMENT
Moderator: Bruce Friedman
Bingham McCutchen (Santa Monica, CA)
Room: Gallery I

Discussion Group Leaders:
Shacara Delgado - Realogy (Parsippany, NJ)
Suzette Recinos - Pitney Bowes (Stamford, CT)
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
Kelly Corr - Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Stacie Hartman - Schiff Hardin (Chicago, IL)
Robert Thornburg - Frost Brown Todd (Indianapolis, IN)
SESSION D:
LITIGATION MANAGEMENT
Moderator: David Harris
Lowenstein Sandler (Roseland, NJ)
Room: The Boardroom

Discussion Group Leaders:
Overton Thompson - Bass Berry & Sims (Nashville, TN)
Edward Attanasio - Sanmini-SCI Corporation (San Jose, CA)
Joe Krasovec - Schiff Hardin (Chicago, IL)
Susan Artinian - Dykema (Detroit, MI)
Tiana Hill Raby - Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Madeline Sherry - Gibbons (Philadelphia, PA)
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
John Sandberg - Sandberg Phoenix & von Gontard (St. Louis, MO)
Mike O'Donnell - Wheeler Trigg O'Donnell (Denver, CO)
 

--- ONLINE REGISTRATION ---
November 3-6, 2011


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, November 3 and Departing on Sunday, November 6. Please enter your Arrival and Departure dates below.
Arrive: Nov
Depart: Nov

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 NOV 3 7:00p Opening Reception and Dinner - Ocean Lawn
THU NOV 3 10:00p Hospitality Suite in Executive Suite 266
FRI NOV 4 7:00a Registration / Continental Breakfast (Grand Ballroom Foyer)
FRI NOV 4 8:30a CLE SuperCourse Day 1 Begins
FRI NOV 4 10:00a Spouse/Significant Other Cooking Demo with Chef Strong
FRI NOV 4 12:30p CLE SuperCourse Day 1 Concludes
FRI NOV 4 12:45p Afternoon Recreation: Golf, Spa, Shopping, Nature Walk
FRI NOV 4 6:30p Busses Board for Dinner
FRI NOV 4 10:00p Hospitality Suite in Executive Suite 266
SAT NOV 5 7:00a Continental Breakfast (Grand Ballroom Foyer)
SAT NOV 5 8:00a CLE SuperCourse Day 2 Begins
SAT NOV 5 10:00a Spouse/Significant Other Laguna Beach Shopping Shuttle
SAT NOV 5 12:40p CLE SuperCourse Day 2 Concludes
SAT NOV 5 12:45p Afternoon Recreation: Golf, Boat Cruise, Football, Spa
SAT NOV 5 7:00p Reception and Dinner featuring the Surf City All Stars
SAT NOV 5 10:00p Hospitality Suite in Executive Suite 266

Recreation

Golf
Few golf experiences can match the blend of stunning natural beauty and variety of challenges presented by these two extraordinary golf courses. Set along the dramatic bluffs of Southern California, these courses offer intriguing layouts in the Scottish links tradition which include sweeping views to the sea. These championship courses offer an unending variety of play.



Laguna Beach Nature Walk
Paradise Found! Join our naturalist for a walk along the Pacic Ocean bluffs just steps away from the Montage lobby.Make sure to bring your camera along (or pick up a TRIAL.COM disposable one) to take some breathtaking shots of the beach, wildlife, surf and the locals.





Laguna Shopping Shuttle
Hop on our Shopping Shuttle to visit over 100 art galleries showcasing all types of art, from painting and photographs to sculpture and modern art. But amazing art isn’t the only shopping experience you’ll find in Laguna Beach. You’ll discover an incredible selection of boutiques, jewelry and gifts. And for those hard-to-find items, Laguna Beach boasts plenty of specialty stores that are sure to make your shopping experience a success.


Pacific Sea Life Cruise
Enjoy the beautiful Orange County coastline on this Adventure Cruise on the 95' Dana Pride which features indoor and outdoor seating and a full lunch spread. Blue and gray whales, Bottlenose and Risso’s dolphin and California sea lions should be swimming alongside during lunch on the 95' Dana Pride, the coast’s premier year round whale watching facility, departing from adjacent Newport Harbor.


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 Montage. Come watch the games with us!


Rejuvenate at Spa Montage
Here where mountains and sea converge, Spa Montage draws inspiration from nature to help bring all aspects of your life into artful balance. Their skilled therapists are the artists who will expertly guide your discovery of new personal wellness solutions. Using an array of non-invasive techniques and indigenous botanical products, therapists offer a wide range of massage bodywork, water and bath therapies, facials, wraps and scrubs to deliver cleansing, detoxifying, energizing or relaxing results.

 

Situated on a coastal bluff in the picturesque arts community of Laguna Beach,
Montage Laguna Beach offers a unique mix: the amenities and conveniences of
an ultra luxury beachfront hotel, coupled with the warmth and appeal of a
cozy craftsman-style inn. It’s the ideal Southern California beach resort.

Oceanfront opulence abounds at Montage.
With lush landscaping and pristine white sand beaches,
this is a Laguna Beach resort retreat unlike any other
Southern California beachfront resorts or hotels.
From its gracious craftsman-style architecture and the rugged coastline views
to a multitude of services and amenities, this world-class Laguna Beach resort
offers a masterful mix of nature, art and luxury.