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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management:
Driving Great Results

The Ritz-Carlton Golf Resort
Naples, FL


May 12-15, 2011

Day 1 (Friday, May 13) - Opening Statements
8:30a - 8:35a
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)

8:35a - 8:40a
SEMINAR CO-CHAIRS
Mike O'Donnell -- Wheeler Trigg O'Donnell (Denver, CO)
David Harris -- Lowenstein Sandler (Roseland, NJ)
Scott O'Connell -- Nixon Peabody (Boston, MA)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
 
Session I
8:40a - 9:00a
IN-HOUSE COUNSEL GUARDING AGAINST EXPANDED LIABILITY
Steve Imbriglia -- Gibbons (Philadelphia, PA)
SCOTUS will soon decide if state law failure-to-warn claims against generic drug manufacturers are preempted. Meanwhile, plaintiffs are arguing that pharmaceutical companies should be responsible for inadequacies in the warnings on products sold by generics. Can your company be responsible for the labeling on another company's product? Sound impossible? Trial lawyer Steve Imbriglia will discuss the issue before the Supreme Court, its implications and attempts to expand failure-to-warn liability.
9:00a - 9:20a
PAYING FACT WITNESSES — CAN DO? NO CAN DO?
Tianna Hill Raby -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
When your company's most knowledgeable witness is a former employee where is the line on compensation, and what can you safely pay for? Trial lawyer Tianna Hill Raby addresses ethical and legal considerations and risks associated with paying such witnesses for time and expenses preparing and testifying. Q: Are you being paid for your testimony here? A: No. I am being paid for my time.<
9:20a - 9:40a
HANDLING THE MOST HORRIFIC CATASTROPHIC LOSS CASES
Bobby Hood, Jr. -- Hood Law Firm (Charleston, SC)
Burn cases from fire, electrocution and chemical exposure pose unequaled runaway jury potential and punitive damage liability. Effective defense strategies to limit damages and avoid punitives. Knowing when to hold 'em and when to fold 'em.

9:40a - 10:20a
PANEL DISCUSSION: WHAT KEEPS IN-HOUSE COUNSEL UP AT NIGHT?
Moderator: Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
In-house counsel see case management options from a unique perspective -- from within the corporate client. They are at the cross-roads of corporate decision-making, constantly balancing risk appetite with company fiscal pressures. Panelists address situations causing them to keep thinking long after they leave the office for home.

With Discussion By:
Liv Johnson - Coca-Cola Company (Atlanta, GA)
Fern Daves - ITT Corporation (White Plains, NY)
Sue Dyer - HCA (Nashville, TN)
Karen Abbott - IASIS Healthcare (Franklin, TN)
Chris Shaheen - US Bank (Minneapolis, MN)
 
Refreshment and Coffee Break
 
Session II
10:50a - 11:10a
IN-HOUSE COUNSEL'S ROLE IN MANAGING EXPERTS
Bruce Friedman -- Bingham McCutchen (Santa Monica, CA)
Trial Lawyer Bruce Friedman addresses in-house counsel's role in the selection, grooming, management and control of testifying and consulting experts, as well as must-do techniques to preserve privileges during and after consulting with those experts.
11:10a - 11:30a
KNOW THY JURY
Billy Gunn -- Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
Veteran trial lawyer Billy Gunn reveals a few of his secrets to trial success, including how he uses jury research, shadow juries and focus groups to measure the effectiveness at trial of his and his opponent's experts, tap into themes that resonate with the selected jury and produce exceptional results for his clients.

11:30a - 12:30p
PANEL DISCUSSION: ETHICS AND REALITIES OF ALTERNATE FEE ARRANGEMENTS ("AFA")
Moderator: Linda Woolf -- Goodell DeVries Leech & Dann (Baltimore, MD)
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 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. The panel will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.

With Discussion By:
Nicole Bearce Albano - Lowenstein Sandler (Roseland, NJ)
Kevin Schiferl - Frost Brown Todd (Indianapolis, IN)
Michael Troisi - Samsung (Ridgefield Park, NJ)
Marjorie Adams-Franzblau - ADP (Roseland, NJ)
Barbara Ashley - Medtronic (Minneapolis, MN)
Peter Tassie - Ford Motor Company (Dearborn, MI)
 
Day 2 (Saturday, May 14) - Welcome Back

8:35a - 8:40a
SEMINAR CO-CHAIRS
Mike O'Donnell -- Wheeler Trigg O'Donnell (Denver, CO)
David Harris -- Lowenstein Sandler (Roseland, NJ)
Scott O'Connell -- Nixon Peabody (Boston, MA)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
 
Session III
8:40a - 9:00a
CONSUMER PRODUCT SAFETY INFORMATION - PROBLEMS AHEAD FOR THE UNWARY
Robert Thornburg -- Frost Brown Todd (Indianapolis, IN)
The new Consumer Product Safety Information Database will allow for the submittal of "reports of harm" about products believed to be unsafe or hazardous. Information will be public and searchable. Abuse by advocacy groups and plaintiff lawyers is expected. Trial lawyer Robert Thornburg will provide some insights about what companies can and should do.
9:00a - 9:20a
DON'T LITIGATE IF YOU DON'T KNOW ALL THE RULES
J. Chandler Bailey -- Lightfoot Franklin & White (Birmingham, AL)
Often, opportunities present themselves to gain a significant advantage in litigation -- if the lawyer knows the rules and can act quickly to seize the opportunity. Trial lawyer Chandler Bailey will discuss examples of situations where quick and knowledgeable actions can help you get a leg up in the litigation. "If you're going to play the game properly you'd better know every rule." Barbara Jordan (U.S. Representative).
9:20a - 9:40a
WHISTLEBLOWER LITIGATION - NEW DEVELOPMENTS AND STRATEGIES
Bill Cronin -- Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Trial lawyer Bill Cronin will discuss the rights of whistleblowers under Federal law and strategies for dealing with whistleblowers at the work site and in a lawsuit after a charge has been blown.
9:40a - 10:20a
ETHICS PANEL DISCUSSION: CRISIS MANAGEMENT FOR IN-HOUSE COUNSEL
Moderator: Scott O'Connell -- Nixon Peabody (Boston, MA)
Crisis management is a necessary competency for all in-house lawyers. Managing successfully in real time through assaults on your corporate brand is mission-critical activity. Increasingly, those assaults come by less than ethical means. Responding in kind is usually not an option. This panel will explore ethical business practices necessary in crisis management.

With Discussion By:
Bruce Batista - Sherwin-Williams (Cleveland, OH)
Sherrie Farrell - Dykema (Detroit, MI)
Michael Driscoll - M&T Bank (Buffalo, NY)
Steve Williger - Thompson Hine (Cleveland, OH)
Josh Keller - Deutsch Kerrigan & Stiles (New Orleans, LA)
 
Refreshment and Coffee Break
 
Session IV
10:50a - 11:30a
PANEL DISCUSSION: SETTING AND MANAGING LITIGATION BUDGETS
Moderator: Mark Durbin-- Wildman Harrold (Chicago, IL)
Predictability, efficiency and value are the watchwords on nearly every in-house counsel's mind as we plan for the year ahead. With litigation costs consuming a large portion of most legal budgets, it has become increasingly important to hone your skills on how to effectively assess, set and manage case budgets for litigation matters. Yet with so many variables and unknowns at play, this often proves to be a difficult skill to master.

With Discussion By:
Cynthia Abbott - Motorola (Schaumburg, IL)
Craig White - Wildman Harrold (Chicago, IL)
James Fiffer - Equity Residential (Chicago, IL)
Bill Abrams - Bingham McCutchen (East Palo Alto, CA)
 
Closing Statements Before Break-Outs
11:30a -11:40a
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
 
Break-Out Panel Discussions (1.25 Hours)
SESSION A:
LITIGATION MANAGEMENT
Moderator:
Alex Marconi -- Snell & Wilmer (Phoenix, AZ)

Room: Great Egret

Discussion Group Leaders:
Michael Fried - ACE USA (New York, NY)
Maureen Middleton - Primerica Financial Services (Duluth, GA)
Shawn Jacque - Detroit Diesel Corporation (Detroit, MI)
Tim McDermott - Akerman Senterfitt (Jacksonville, FL)
Rick Sager - Weinberg Wheeler Hudgins Gunn & Dial (Atlanta. GA)
Mary Anne Mellow- Sandberg Phoenix & von Gontard (St. Louis, MO)
Karen Lapidus - Loemann's (Bronx, NY)

SESSION B:
ANTITRUST CASES TO WATCH AND THEIR EFFECT ON BUSINESS PRACTICES
Moderator:
David Harris -- Lowenstein Sandler (Roseland, NJ)

Room: Heron I

Discussion Group Leaders:
Duris Holmes - Deutsch Kerrigan & Stiles (New Orleans, LA)
Kevin Fitzgerald - Nixon Peabody (Manchester, NH)

SESSION C:
SUCESSFUL PARTNERING OF IN-HOUSE AND OUTSIDE COUNSEL
Moderator:
Sawnie McEntire -- Beirne Maynard & Parsons (Houston, TX)

Room: Heron II

Discussion Group Leaders:
Joe Suarez - Procter & Gamble (Cincinnati, OH)
Rich Doherty - Harsco (Camp Hill, PA)
Susan Artinian - Dykema (Detroit, MI)
Robert Pool - FMC Technologies(Houston, TX)
Cynthia Collins - FedEx (Memphis, TN)
Jon Barton - Sandberg Phoenix & von Gontard (St. Louis, MO)
Steve Mooney - Weinberg Wheeler Hudgins Gunn & Dial (Atlanta. GA)

SESSION D:
COMPLIANCE WITH ANTI-CORRUPTION LEGISLATION
Moderator:
David Neave -- Blake Cassels & Graydon (Canada)

Room: Cypress

Discussion Group Leaders:
Luis O'Naghten - Akerman Senterfitt (Miami, FL)
Scott O'Connell - Nixon Peabody (Boston, MA)

SESSION E:
LITIGATION MANAGEMENT
Moderator:
David Schultz -- Maslon Edelman Borman & Brand (Minneapolis, MN)

Room: The Preserve

Discussion Group Leaders:
Jaime Myers - Caterpillar (Peoria, IL)
Paul DeGiulio - Allied World Assurance (Bermuda)
Joe Cincotta - Gibbons (Philadelphia, PA)
Jim Balich - Schiff Hardin (San Francisco, CA)
Irene Bassel Frick - Akerman Senterfitt (Tampa, FL)
Rita McConnell - Medtronic (Minneapolis, MN)
Teresa Bartosiak - Sandberg Phoenix & von Gontard (St. Louis, MO)

 

--- ONLINE REGISTRATION ---
May 12-15, 2011


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Most Guests are arriving on Thursday, May12 and Departing on Sunday, May 15. Please enter your Arrival and Departure dates below.
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Seminar Agenda
THU MAY 12 7:00p Opening Reception and Dinner Poolside
THU MAY 12 10:00p Hospitality Suite in The Bar
FRI MAY 13 7:30a Registration / Continental Breakfast
FRI MAY 13 8:30a CLE SuperCourse Day 1 Begins
FRI MAY 13 9:30a Spouse/Significant Other Shopping Shuttle
FRI MAY 13 12:30p CLE SuperCourse Day 1 Concludes
FRI MAY 13 1:00p Golf, Spa, Bicycling, Kayaking
FRI MAY 13 6:30p Busses Board for Dinner -- Naples Sailing and Yacht Club
FRI MAY 13 10:00p Hospitality Suite in The Bar
SAT MAY 14 7:30a Continental Breakfast
SAT MAY 14 8:30a CLE SuperCourse Day 2 Begins
SAT MAY 14 10:00 Spouse/Significant Other Flower Arranging Seminar
SAT MAY 14 1:00p CLE SuperCourse Day 2 Concludes
SAT MAY 14 1:30p Golf, Spa, Naples Princess Cruise
SAT MAY 14 7:00p Reception and Dinner
SAT MAY 14 10:00p Hospitality Suite in The Bar

Recreation

Golf at Tiburon
Experience championship golf in a serene, natural setting designed by the legendary Greg Norman. Tiburon is the home of the PGA Tour and The Merrill Lynch Shootout, held annually in December. The courses are marked by the use of stacked sod wall bunkers, coquina sand and no rough. Players have the choice of five tee boxes per hole to make the experience challenging for all skill levels.


Shopping Trip to 5th Ave. So.
For Spouses and Significant Others: Visit the many fine shops, galleries, restaurants, and sidewalk cafes along the beautifully landscaped promenades in this historic setting near the beach and in the heart of Naples.





Flower Arranging Seminar
For Spuses and Significant Others: Learn to arrange flowers like the Ritz-Carlton professionals. Each attendee will spend the morning designing truly gorgeous floral displays. It takes a keen eye and steady hand. Your arrangements will be featured at our dinner Saturday evening.




Everglades Cycling Photo Tour
The Everglades offers scenic beauty that may escape visitors at first glance. It requires close inspection and rewards those who take the time to observe and explore its natural treasure. Traveling by bicycle allows the freedom to explore this subtropical paradise of cypress swamps, freshwater marshes, wet and dry prairies, and rare tropical hardwood hammocks. Few places in the world can rival the variety and diversity of the more than 440 species of birds, mammals and reptiles.

Kayaking/Canoeing Tour
See the estuaries, mangroves, rivers and quiet backwaters of Southwest Florida on miles of pristine kayak trails and abundant wildlife viewing including Manatee, Dolphin, Bald Eagles, Sea Turtles, and many coastal bird varieties.






Afternoon Cruise
Enjoy scenic Naples Bay, see the canals and homes of beautiful and historic Port Royal and cruise out into the Gulf aboard the Naples Princess. The first-class amenities of the Naples Princess from port to starboard make sailing with us a royal event! Her high gloss cherry interior, gold plated ceilings and open deck areas make this yacht world class. Enjoy the sunshine and sea breezes of the upper decks or relax in the climate-controlled comfort of the interior.

Ritz-Carlton Spa
Replacing worldly concerns with a world of comfort. It's our pleasure. Escape to a place where the gentle Gulf breezes dance among the cypress, mangrove and palm trees. The Ritz-Carlton Spa at Naples features rejuvenating and healing steam rooms, saunas, aqua lounges and an outdoor mineral pool to complete the Spa experience.

 

Surround yourself with the rolling green vistas of North America's premier golf setting.
The Ritz-Carlton Golf Resort, Naples boasts two Greg Norman-designed courses
that will satisfy even the most discerning player's expectations. Challenge yourself on the green, then retreat to unrivaled luxury of Florida's top-rated golf resort.

The Ritz-Carlton Golf Resort, Naples is a AAA Five-Diamond, Mobil Four-Star Mediterranean-style sanctuary.