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LITIGATION MANAGEMENT SUPERCOURSE

100% Free CLE
Litigation Management in a NEW YORK Minute - 2011

Friday, August 5, 2011



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


New York State Course SKL0902 (Non-Transitional)
6.0 CLE Credit Hours including 1.5 CLE Credit Hours of Ethics and Professionalism


Friday, August 5 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)

9:05a - 9:10a
SEMINAR Co-CHAIRS
Phillip Sykes -- Forman Perry Watkins & Tardy (Jacson, MS)
James Miller -- Akerman Senterfitt (Miami, FL)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Scott O'Connell -- Nixon Peabody (Boston, MA)
 
Session I
9:10a - 9:30a
ETHICS: ETHICAL MORASSES FACING IN-HOUSE COUNSEL MANAGING LITIGATION
David Spector -- Akerman Senterfitt (West Palm Beach, FL)
Ethical considerations in protecting privileged pre-merger/acquisition communications from disclosure to the new owner; ramifications of a stock sale vs. an asset sale. -- and -- Ethical pitfalls and avoiding individual liability under SarBox, 10b(5), RIF employment litigation, unauthorized practice of law charges and conflict of interest claims. Trial lawyer David Spector addresses pre- and post-closing ethical and privilege considerations in mergers and acquisitions, and avoiding ethical errors while managing litigation.
9:30a - 9:50a
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.
9:50a - 10:10a
TRIAL STRATEGY: ADMITTING LIABILITY, AND OTHER DAMAGE-LIMITING TACTICS
Steve Fogg -- Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Sometimes it's the right thing, and the best thing to do. Early admission of fault and expression of remorse can go a long way toward minimizing damages. Trial lawyer Steve Fogg alerts in-house counsel to some of the benefits of an early admission, including avoiding introduction of aggravating facts, and limiting discovery and evidence to damages, as well as some of the dangers of a late admission of liability.
10:10a - 10:30a
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.
10:30a - 10:50a
CONSUMER PRODUCT SAFETY INFORMATION - PROBLEMS AHEAD FOR THE UNWARY
Charles Pritchett -- Frost Brown Todd (Louisville, KY)
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 Chuck Pritchett will provide some insights about what companies can and should do.
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
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.
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
PROPORTIONALITY IN E-DISCOVERY: TAMING THE BEAST
Beth Fancsali -- Wildman Harrold (Chicago, IL)
The costs and burdens of e-discovery can quickly spiral out of control without regard to the merits or value of a case. But, to what end? Does it make sense to spend massive amounts of money and effort simply getting e-docs preserved, collected, reviewed, and produced? Enter the concept of proportionality. Courts are finally addressing the economics of litigation and adopting sensible approaches to the e-discovery morass.
12:20p - 12:40p
EFFECT OF CORPORATE I.T. POLICIES ON OTHERWISE PRIVILEGED COMMUNICATIONS
John Sandberg -- 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.
12:40p - 1:00p
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. This presentation will provide practical, timely information for in-house counsel regarding class action waivers in contractual arbitration provisions.
 
Session III - Working-Lunch Break-Outs
1:00p - 2:00p
SESSION A:
LITIGATION MANAGEMENT
Moderator:
Alex Marconi -- Snell & Wilmer (Phoenix, AZ)
Room: Evarts



With Discussion By:
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
Vivian Quinn - Nixon Peabody (Buffalo, NY)
Mike Fried - ACE USA (New York, NY)

1:00p - 2:00p
SESSION B:
EMPLOYMENT LAW
Moderators:
Nichole Nesbitt -- Goodell DeVries Leech & Dann (Baltimore, MD)
Room: Tweed


With Discussion By:
James Hood - Hood Law Firm (Charleston, SC)
Craig White - Wildman Harrold (Chicago, IL)
Edward Schulman - AvalonBay Communities (Arlington, VA)

1:00p - 2:00p
SESSION C:
ARBITRATION
Moderator:
John Worden -- Schiff Hardin (San Francisco, CA)
Room: Carter


With Discussion By:
Jeff Hines - Goodell DeVries Leech & Dann (Baltimore, MD)
David Harris - Lowenstein Sandler (Roseland, NJ)

1:00p - 2:00p
SESSION D:
LITIGATION MANAGEMENT
Moderator:
Susan Artinian -- Dykema (Detroit, MI)
Room: Choate


With Discussion By:
Michael Chavies - Akerman Senterfitt (Miami, FL)
Kevin Saunders - Nixon Peabody (Rochester, NY)

1:00p - 2:00p
SESSION E:
LITIGATION MANAGEMENT
Moderator:
Tony White -- Thompson Hine (Columbus, OH)
Room: Cromwell


With Discussion By:
Steve Mooney - Weinberg Wheeler Hudgins Gunn & Dial (Atlanta, GA)
Sam Santo - Lowenstein Sandler (Roseland, NJ)

1:00p - 2:00p
SESSION F:
LITIGATION MANAGEMENT
Moderator:
David Herr -- Maslon Edelman Borman & Brand (Minneapolis, MN)
Room: Hughes


With Discussion By:
Nicole Bearce Albano - Lowenstein Sandler (Roseland, NJ)
David Neave - Blake Cassels & Graydon (Canada)
Joe Cincotta - Gibbons (Philadelphia, PA)

1:00p - 2:00p
SESSION G:
LITIGATION MANAGEMENT
Moderator:
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
Room: Davis


With Discussion By:
Scott O'Connell - Nixon Peabody (Boston, MA)
Overton Thompson - Bass Berry & Sims (Nashville, TN)
Peter Rothwell - Dassault Falcon Jet (Little Ferry, NJ)

1:00p - 2:00p
SESSION H:
LITIGATION MANAGEMENT
Moderator:
Bill Cronin -- Corr Crfonin Michelson Baumgardner & Preece (Seattle, WA)
Room: Stimson


With Discussion By:
David Herr - Maslon Edelman Borman & Brand (Minneapolis, MN)
Sherrie Farrell - Dykema (Detroit, MI)
 
Session IV
2:00p -2:20p
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.
2:20p - 2:40p
WHAT'S YOUR STORY? IT'S SIMPLY THE KEY TO WINNING YOUR CASE
Joe Cohen -- Beirne Maynard & Parsons (Houston, TX)
Trial lawyer Joe Cohen 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.
 
Session V - One Hour of Ethics
2:40p -3:00p
ETHICS: PAYING FACT WITNESSES — CAN DO? NO CAN DO?
Walter Boone -- 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 Walter Boone 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.
3:00p -3:20p
ETHICS: PRESERVING E-DATA AS LITIGATION LOOMS
Bob Mullen -- Schiff Hardin (San Francisco, CA)
The steps counsel take to locate and preserve relevant electronically stored information can have serious consequences as litigation proceeds. Mis-steps or inaction, even before suit is filed, can lead to sanctions against counsel or dispositive rulings against litigants. Trial lawyer Bob Mullen will discuss the current ethical and practical guidelines for preserving data.
3:20p -3:40p
ETHICS: 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.
 
Closing Statements
3:40p - 3:45p
NETWORK CHAIR
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
 

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Seminar Agenda
FRI AUG 5 7:30a Continental Breakfast and Program Registration
FRI AUG 5 9:00a Opening Statements
FRI AUG 5 9:10a CLE Session I
FRI AUG 5 10:50a Coffee and Refreshment Break
FRI AUG 5 11:20p CLE Session II
FRI AUG 5 1:00p CLE Session III - Working-Lunch Break-Out Sessions
FRI AUG 5 2:00p CLE Session IV
FRI AUG 5 2:40p CLE Session V - Ethics
FRI AUG 5 3:40p Closing Statements