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LITIGATION MANAGEMENT SUPERCOURSE

Windy City
Litigation Management

Friday, June 17, 2011

The University Club of Chicago
Chicago, IL


Tuition Free for Attorneys
Breakfast and Lunch Included

Friday, June 17 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)

9:05a - 9:10a
SEMINAR CO-CHAIRS
Mark Durbin -- Wildman Harrold (Chicago, IL)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
 
Session I
9:10a - 9:30a
TRIALS, TRIBULATIONS AND TRAVAILS
Steve Mooney -- Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
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.
9:30a - 9:50a
EVERYTHING ABOUT COUNSEL SELECTION THAT YOU WERE AFRAID TO ASK
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.

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9:50a - 10:10p
BREAKING THE "AMERICAN RULE": A PRIMER ON FEE-SHIFTING
Craig White -- Wildman Harrold (Chicago, IL)
Can I get my legal fees paid? For more than two centuries, absent statute, egregious behavior or other exception, each litigant pays its own legal fees. But, 50 years of exceptions have brought us to the point where the answer to "Who pays?" is not so simple. Trial lawyer Craig White provides practical guidance recovering and defending against claims for attorneys fees.
10:10a - 10:30a
THE PUBLIC SECTOR LABOR REVOLUTION - AND WHY YOU SHOULD CARE
John Entenman -- Dykema (Detroit, MI)
Wisconsin, Indiana, Ohio….the list goes on. The AFL-CIO and the big
industrial unions have jumped in, and that raises red flags for the
private sector. Organizing, bargaining, and NLRB litigation now present
new challenges for you.
10:30a - 10:50a
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.
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
INTERNAL INVESTIGATIONS DONE RIGHT - THE NUTS AND BOLTS OF WHO AND HOW TO CONDUCT THEM
David Schultz -- Maslon Edelman Borman & Brand (Minneapolis, MN)
Companies face increasing scrutiny from regulators, prosecutors and shareholders. Headlines peal out one allegation of corporate wrongdoing after another. Investigations are demanded. Basic but critical questions regarding internal investigations - how to know when an investigation is necessary; who should conduct them; and how should they do it? Is separate counsel is necessary for employees, officers and directors? Should a written report be prepared? Protecting attorney client and other privileges.
11:40a - 12:00p
PREDATORY RAIDING AND HIGH-END EXECUTIVE DEFECTIONS
Joel Hoxie -- Snell & Wilmer (Phoenix, AZ)
Competition for top-level executive talent and their specialized knowledge and information has never been greater. Competitive zeal often crosses the line. Overzealous raiding of competitor's top-level talent poses great risk for companies trying to buy a competitive edge. Companies victimized by raids have options, even when their defecting executives are not bound by traditional non-compete agreements. The line between legitimate and unfair competition can get blurry. Hear some helpful guidance for corporate counsel on both sides of the issue.
12:00p - 12:20p
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.
12:20p - 12:40p
WINNING MASS TORT LITIGATION STRATEGIES
Jeff Hines -- Goodell DeVries Leech & Dann (Baltimore, MD)
Well-rounded defense programs coordinate insurance coverages, data management, national and local counsel roles, legislative efforts, public and press relations re great results and set-backs, national defense groups, and case management orders, among other things. Planning "evergreen" defense programs for suitability in every jurisdiction for all time and especially beyond the lifetimes of employees and other witnesses, coordinating defense strategies with similarly situated defendants, grooming and controlling defense experts, establishing national defense groups with other manufacturers in all jurisdictions, including related products.
12:40p - 1:00p
PREPARING YOUR CLIENT TO TESTIFY
Overton Thompson - Bass Berry & Sims (Nashville, TN)
Important roles for in-house counsel partnering with trial counsel to prepare company witnesses to testify. Explaining the scope of examination, dealing with credibility issues, admissions, compromising documents. Locking your client into his/her story, protecting against impeachment, finding goblins in your witness' past, and the makings of a good corporate representative. Explaining the format of the testimony, applicable privileges, the importance of objections, responding to questions, and explaining that the lawyer represents the company. Practice run-throughs, pre-dispute document management and retention, litigation holds, ethical considerations, and more.
 
Session III - Working-Lunch Break-Outs

1:10p - 2:10p
SESSION A:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Gwyn Quillen -- Bingham McCutchen (Santa Monica, CA)
Room H (6h Floor) -- 25

With Discussion By:
Nelson Alexander - Frost Brown Todd (Indianapolis, IN)
James Miller - Akerman Senterfitt (Miami, FL)
Gord McKee - Blake Cassels & Graydon (Canada)

1:10p - 2:10p
SESSION B:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
High Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)
Milennium Room North (6th Floor) -- 25

With Discussion By:
William Wright - Deutsch Kerrigan & Stiles (New Orleans, LA)
Dale Barnes - Bingham McCutchen (San Francisco, CA)
Winston Miller - Forst Brown Todd (Louisville, KY)

1:10p - 2:10p
SESSION C:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Tony White -- Thompson Hine (Columbus, OH)
Milennium Room South (6th Floor) -- 25

With Discussion By:
David King - Bass Berry & Sims (Nashville, TN)
Randall Riggs - Frost Brown Todd (Indianapolis, IN)
David Spector - Akerman Senterfitt (West Palm Beach, FL)

1:10p - 2:10p
SESSION D:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Alex Marconi -- Snell & Wilmer (Phoenix, AZ)
Room AB (8th Floor) -- 40

With Discussion By:
Lyndon Sommer - Sandberg Phoenix & von Gontard (St. Louis, MO)
Hal Morlan - Akerman Senterfitt (Orlando, FL)
Mark Durbin - Wildman Harrold(Chicago, IL)

1:10p - 2:10p
SESSION E:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Alan Gries -- Gibbons (Philadelphia, PA)
Room C (7th Floor) -- 20

With Discussion By:
John Sandberg - Sandberg Phoenix & von Gontard (St. Louis, MO)
John Worden - Schiff Hardin (San Francisco, CA)
Michael Chavies - Akerman Senterfitt (Miami, FL)
 
Session IV - 1.5 Hours of Ethics
2:20p - 2:40p
ETHICS: FOREIGN CORRUPT PRACTICES ACT
Luis Perez -- Akerman Senterfitt (Miami, FL)
International commercial lawyer and litigator Luis Perez explains the FCPA, its anti-bribery fines and penalties provisions, discusses DOJ and SEC enforcement trends and addresses some of the ethical considerations facing management and counsel after discovering that a violation has taken place.
2:40p - 3:00p
ETHICS: EFFECT OF CORPORATE IT POLICIES ON OTHERWISE PRIVILEGED COMMUNICATIONS
Jon Barton -- Sandberg Phoenix & von Gontard (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.
3:00p - 3:20p
ETHICS: ALTERNATIVE FEE ARRANGEMENTS
Jean Bertrand -- Schiff Hardin (San Francisco, CA)
AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences, especially when two or more firms are assigned aspects of the same litigation and their fees are constrained by AFA's. Issues include ABA Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms. Trial lawyer Jean Bertrand will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.
3:20p -3:40p
ETHICS: AND JUSTICE FOR ALL
Edderek "Beau" Cole -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Remembering the "Publico" Aspect of a Lawyer's Obligation to Provide Pro Bono Service -- Trial lawyer Beau Cole explores the background, benefits and ethical underpinnings, of Pro Bono Publico service for in-house and outside counsel; the need for increased public service by the bar in the face of declines in funding for pro bono publico services; the un-met needs of our underprivileged, and benefits to corporate clients from pro bono publico service by its in-house and outside counsel.
3:40p - 4:00p
ETHICS: NAVIGATING THE PERILS AND PROMISES OF SOCIAL NETWORKING
Heather Wilson -- Frost Brown Todd (Indianapolis, IN)
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 the use of social media by company employees, vendors and professionals to protect the company from unnecessary brush fires that could burn out of control. Ethical limitations on lawyers direct or indirect communication with jurors and parties in litigation, through LinkedIn and Facebook groups, "friending," "liking," posting, etc.
 
Closing Statements
4:00p - 4:05p
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
 

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Seminar Agenda
FRI JUN 17 7:30a Continental Breakfast and Program Registration
FRI JUN 17 9:00a Opening Statements
FRI JUN 17 9:10a CLE Session I
FRI JUN 17 10:50a Coffee and Refreshment Break
FRI JUN 17 11:20p CLE Session II
FRI JUN 17 1:10p CLE Session III - Working-Lunch Break-Out Sessions
FRI JUN 17 2:20p CLE Session IV - Ethics
FRI JUN 17 4:00p Closing Statements