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LITIGATION MANAGEMENT SUPERCOURSE

In-House Counsel
Blazing New Trails
Protect and Defend in 2012 and Beyond

The Hyatt Regency Gainey Ranch Resort
Scottsdale, Arizona


Program Coursebook (PDF)

eCoursebook (ePub)
for Nook, eReader, iPhone and iPad

eCoursebook (mobi)
for Kindle

Day 1 (Friday, Apr 27) - Opening Statements
8:00a - 8:05a
NETWORK CHAIR
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)

8:05a - 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 I
8:10a - 8:30a
STRATEGIC POINTERS FOR NON-COMPETE AND TRADE SECRET LITIGATION
Steve Fogg
Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Employees and executives changing jobs can put their companies on one side or the other of non-compete and trade secret disputes and suits. Trial lawyer Steve Fogg has litigated these cases from both sides of the fence. He shares strategic insights to achieve your goals, whether as plaintiff or defendant.
8:30a - 8:50a
WORKPLACE PRODUCT LIABILITY CLAIMS
Sam Santo
Lowenstein Sandler (Roseland, NJ)
State law imposes strict liability in certain workplace accident matters. Product manufacturers are often barred from contributory negligence and assumption-of-the-risk-defenses. Trial lawyer Sam Santo discusses ways to get that information to a jury anyway.
8:50a - 9:10a
DEFENDING PRODUCT AND SERVICE PROVIDERS OVERSEAS
Joe Krasovec
Schiff Hardin (Chicago, IL)

As U.S. companies expand their global footprints, conduct in other countries can lead to litigation here. Manufacturing processes and incidents occurring in foreign countries, violations of foreign standards and documents generated by overseas affiliates can become fodder for, if not the centerpiece of, claims brought in the United States. Trial lawyer Joe Krasovec presents strategies and tactics to increase the likelihood that what happens overseas stays there.


9:10a - 9:50a
PANEL: MANAGING THE TOP FIVE ISSUES IN CROSS-BORDER LITIGATION CASES
Moderator: David Neave
Blake Cassels & Graydon (Canada)
In a global economy, companies frequently face litigation involving the same products, goods or services in several countries. Our panel of in-house counsel and outside trial lawyers discuss the top five issues in cross-border litigation and provide practical tips on avoiding or effectively managing them.

With Discussion By:
Jill Lawrie - Blake Cassels & Graydon (Canada)
Liz Porter - St. Jude Medical (St. Paul, MN)
Rick Barnes - Goodell DeVries Leech & Dann (Baltimore, MD)
 
Refreshment and Coffee Break
 
Session II
10:20a - 10:40a
THE TEN COMMANDMENTS OF CROSS EXAMINATION
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)
Cross-examination is the heart of the adversary process. Every other part of a trial involves self-serving and biased presentations of a party’s case and arguments. Cross-examination is the adversary system’s method for getting at truth, and it is the only part of a trial that involves direct, human conflict. Trial lawyer Hugh Gottschalk discusses the elements of effective cross-examination, illustrated by some of Hollywood’s most memorable courtroom scenes.

10:40a - 11:00a
JURORS + INTERNET = TROUBLE
Warren Platt
Snell & Wilmer (Orange County, CA)
Jurors are instructed to consider only the evidence presented at trial and not to read newspaper articles or watch television coverage of their case. Nevertheless, jurors search the Internet and thereby provide trial lawyers and judges with a whole new set of issues to consider. "Google mistrials" may be a part of every trial lawyers' vernacular. Trial lawyer Warren Platt discusses this intriguing, disturbing development.
11:00a - 11:20a
ARE CLASS ACTIONS ON SHAKEY LAST LEGS?
How In-house Counsel are Affected by Recent SCOTUS Decisions
Scott O'Connell
Nixon Peabody (Boston, MA)
The permissible scope of class actions has been substantially narrowed. In-house counsel should be incorporating class-waiver arbitration provisions which are now presumptively valid (Concepcion). Classes defined by extrapolation and data models have been dealt a death blow rendering them vulnerable to Daubert challenges (Walmart). Efforts to pursue state court class actions will increase because failure in federal court will not bar re-litigation in state court (Bayer).

11:20a - 12:00p
PANEL: CHALLENGES IN GLOBAL AND DOMESTIC INTERNAL INVESTIGATIONS
Moderator: Tony Lathrop
Moore & Van Allen (Charlotte, NC)
Increased regulation and heightened enforcement require that companies be prepared to conduct internal investigations satisfactory to enforcers. In-house counsel must carefully consider whether and how to investigate suspected violations, and develop cost-effective strategies to address privilege issues, confidentiality concerns, as well as incentives to whistleblowers provided under the Dodd-Frank Act. Our panel will discuss the challenges posed by an internal investigation, and strategies to minimize corporate exposure.

With Discussion By:
Ashley Watson - Hewlett-Packard (Palo Alto, CA)
Greg Thomas - Fisk Electric (Houston, TX)
Randall Lewis - Danone Asia (Salem, OR)
Dawson Horn - Tyco International
Patricia Brown Holmes - Schiff Hardin (Chicago, IL)
 
Day 2 (Saturday, Apr. 28) - Welcome Back

8:05a - 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
TO APPEAL OR NOT TO APPEAL - THAT IS THE QUESTION
Jill Wheaton
Dykema (Ann Arbor, MI)
Factors to consider when deciding whether to appeal an adverse decision, and strategies to increase your chances of success when you are in the appellate courts.
8:30a - 8:50a
REMOVAL TO FEDERAL COURT – THE NEW RULES
Kevin Schiferl
Frost Brown Todd (Indianapolis, IN)
Affecting nearly every diversity case filed in or removed to federal court, the new Federal Court Jurisdiction and Venue Clarification Act of 2011 requires all federal practice litigators to reconsider longstanding litigation strategies. Removal of multiple defendant suits, venue, the rule of unanimity, supplemental jurisdiction of unrelated state claims, residency and how the amount in controversy is determined are all affected. Litigation managers must know these important changes.
8:50a - 9:10a
MANAGING YOUR CASE FROM PRODUCT FAILURE THROUGH TRIAL
Cooper Ashley
Maslon Edelman Borman & Brand (Minneapolis, MN)
Trial lawyer Cooper Ashley completed a 2-week federal jury trial recovering more than $1M as a result of damage to product caused by an outside vendor. Consider how you would manage the investigation, testing, recall, customer communications and trial of a product failure case.

9:10a - 9:50a
PANEL: IT's NOT 50/50 - EARLY CASE EVALUATION
Moderator: James Miller
Akerman Senterfitt (Miami, FL)
Whether we proceed to trial or settle, it's vitally important to arrive at as accurate an assessment of the case as early as possible. The importance today of electronic evidence, particularly e-mail, further complicates this process. Our panel of experienced trial lawyers and in-house counsel discuss their experiences with different methods and tools for early case assessment and offer their advice on how to better evaluate your cases and how to do it sooner.

With Discussion By:
Greg Marshall - Snell & Wilmer (Phoenix, AZ)
Joe Ortego - Nixon Peabody (New York, NY)
Joe Stroud - GE Capital, Americas (Salt Lake City, UT)
Justin Pitt - Community Health Systems (Franklin, TN)
 
Refreshment and Coffee Break
 
Session IV
10:20a - 10:40a
GOVERNMENT INVESTIGATIONS: IN-HOUSE PREPARATION AND RESPONSE
Nathan Hochman
Bingham McCutchen (Santa Monica, CA)
Federal corporate criminal investigations will get an election year boost. Former USDOJ AAG Nathan Hochman discusses recent law enforcement trends targeting corporations, including FCPA, healthcare, tax, securities and banking violations. He will highlight best practices to prepare for such investigations, address them when they occur, and emerge victorious when they conclude.
10:40a - 11:00a
A PREEMPTIVE STRIKE AGAINST EMPLOYMENT CLAIMS
Danya Blair
Beirne Maynard & Parsons (Houston, TX)
Your company's HR personnel are on the front lines with problem employees prior to litigation. Trial lawyer Danya Blair provides practical insights and tips for in-house counsel to get involved early with HR to investigate, discipline and terminate problem employees as your best weapon in avoiding costly employment claims.
 
Closing Statements Before Break-Outs
11:00a - 11:05a
NETWORK 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: Vaquero E1

Discussion Group Leaders:
Tony White - Thompson Hine (Columbus, OH)
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, MO)
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
SESSION B:
LITIGATION MANAGEMENT
Moderator: David Harris
Lowenstein Sandler (Roseland, NJ)
Room: Vaquero F1

Discussion Group Leaders:
Dawson Horn - Tyco International
John Sandberg - Sandberg Phoenix & von Gontard (St. Louis, MO)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
SESSION C:
Alternate Fee Arrangements
Moderator: John Worden
Schiff Hardin (San Francisco, CA)
Room: Vaquero G1

Discussion Group Leaders:
Alan Gries - Gibbons (Philadelphia, PA)
Mark Sadler - Travelers (St. Paul, MN)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
SESSION D:
LITIGATION MANAGEMENT
Moderator: David King
Bass Berry & Sims (Nashville, TN)
Room: Vaquero E2

Discussion Group Leaders:
Joe Cincotta - Gibbons (Philadelphia, PA)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
SESSION E:
LITIGATION MANAGEMENT
Moderator: Bob Kerrigan
Deutsch Kerrigan & Stiles (New Orleans, LA)
Room: Vaquero F2

Discussion Group Leaders:
Blaine Edwards - BJ Services (Houston, TX)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
Name Name - Firm/Company (City, ST)
SESSION F:
DOCUMENT DISCOVERY
Moderator: Phillip Sykes
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Room: Vaquero G2

Discussion Group Leaders:
Henry King - Electric Insurance Company(Beverly, MA)
Bobby Hood Jr. - Hood Law Firm (Charleston, SC)
Ted LeClercq - Deutsch Kerrigan & Stiles (New Orleans, LA)
Name Name - Firm/Company (City, ST)
 

--- ONLINE REGISTRATION ---
April 26-29, 2010


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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, April 26 and Departing on Sunday, April 29. Please enter your Arrival and Departure dates below.
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CLE INFORMATION
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Seminar Agenda
THU APR 26 7:00p Opening Reception and Dinner
THU APR 26 10:00p Hospitality Suite
FRI APR 27 7:00a Registration / Continental Breakfast
FRI APR 27 8:00a CLE SuperCourse Day 1 Begins
FRI APR 27 10:00a Spouse/Significant Other Cooking Demo
FRI APR 27 12:00p CLE SuperCourse Day 1 Concludes
FRI APR 27 1:00p Recreation: Golf, Spa, Horseback Riding, Jeep Tour
FRI APR 27 6:30p Busses Board for Dinner at Grayhawk
FRI APR 27 10:00p Hospitality Suite
SAT APR 28 7:00a Continental Breakfast
SAT APR 28 8:00a CLE SuperCourse Day 2 Begins
SAT APR 28 12:00p CLE SuperCourse Day 2 Concludes
SAT APR 28 1:00p Recreation: Golf, Spa, Cattle Drive, Rafting, Heard Museum
SAT APR 28 7:00p Reception and Dinner
SAT APR 28 10:00p Hospitality Suite

Recreation

Golf
Welcome to a golfer's paradise in the Valley of the Sun, where 27 holes of championship golf await you. Surrounded by incredible scenery, under beautiful blue skies, Gainey Ranch offers a year-round exciting challenge for golfers of any skill level. Each of the three distinct nine-hole courses of our Scottsdale golf resort, designed by Benz and Poellot, offers a different experience for players.


Horseback Riding
Travel along with our knowledgeable cowboy and cowgirl guides along the picturesque wilderness trails of Arizona. We'll take you where civilization is a faint memory and yet still have you back in plenty of time for our Network dinner.






Desert Jeep Tour
Climb aboard our rugged 4-wheel drive, open-air jeeps and Blazers for the "western experience" of a lifetime. Witness the awesome grandeur of the Sonoran Desert as your friendly Cowboy guides gently bounce your group through a maze of cactus-lined trails and desert riverbeds. Your guides will spin yarns of the Old West and teach you the survival techniques used by our Native American Indians centuries ago.


City Slickers Cattle Drive
Head 'em up! Move 'em out! This authentic Western adventure will satisfy the cowboy in every heart. Fulfill your Wild West dreams in the mountainous terrain of the rugged desert landscape. Accompanied by an experienced wrangler, you’ll follow the trails on horseback in search of wayward cattle on the authentic cattle drive through the Sonoran desert. Become a cowhand for the day and ride the open range to your heart’s content.


Funwater Float River Rafting
Paddle your way down a river teaming with spectacular wildlife and fantastic desert landscape. Not to worry -- this is a flatwater river adventure, perfect for all, from beginner to expert. You and your crew paddle in our guided raft under the guidance of our professional guides. The only requirement being everyone is ready to have an exciting fun filled river adventure.



Heard Museum Tour
The Heard Museum in Phoenix explores American indianhistory through the voices of native people while celebrating the creative innovations of today's most masterful artists. Our expert docent wuide you you through the changing nature of Native art from ancenstral artifacts to cutting-edge art drawing from its collection of 40,000 objects in their 10 exhibit galleries. The Heard Museum is renowned for its ever-changing exhibitions, exceptional shops and culteral festivals.

The Spa Avania
It’s your body’s fundamental daily journey toward balance — and it’s the foundation for everything we do at Spa Avania. Against the vibrant hues of the Arizona desert comes the first Scottsdale spa resort where every detail has been seamlessly choreographed to the science of time. A uniquely holistic approach that bases your total-immersion experience on the inescapably cyclical needs of your body at key periods of the day.

 

Set amidst flowering cactus and framed against the majestic McDowell Mountains
lies the Hyatt Regency Scottsdale Resort and Spa at Gainey Ranch.

Here, breathtaking desert vistas blend with intriguing Native American culture and
pampering amenities to create an experience designed to please every guest.