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LITIGATION MANAGEMENT SUPERCOURSE

Windy City
Litigation Management

Friday, June 15, 2012

The Metropolitan Club - Willis Tower
Chicago, IL


Program Coursebook (PDF)

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Tuition Free for Attorneys
Breakfast and Lunch Included

Friday, June 15 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
9:05a - 9:10a
SEMINAR Co-CHAIRS
David Harris -- Lowenstein Sandler (Roseland, NJ)
Steve Fogg -- Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
 
Session I
9:10a - 9:30a
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.
9:30a - 9:50a
CIVIL LESSONS FROM CRIMINAL TRIALS
Jack Sharman
Lightfoot Franklin & White (Birmingham, AL)
In an era of over-criminalization, in-house counsel cannot ignore the possibility of criminal investigation and prosecution of their corporate clients. Fundamental lessons from criminal trials are often ignored by in-house counsel. Sometimes, thinking like a criminal defense lawyer can help you to win your civil case. Trial lawyer Jack Sharman provides insights into criminal courtroom tools that can be used in the defense of your civil problem..
9:50a - 10:10p
MANAGING INSTANT COMMUNICATIONS IN MODERN LITIGATION
Catherine Ahlin-Halverson
Maslon Edelman Borman & Brand (Minneapolis, MN)
eDiscovery includes text messages and instant messages that relate to work but often are not retained pursuant to a company's document retention policies. Some courts addressing this growing component of communications have ordered preservation and production. Trial lawyer Catherine Ahlin will give us pointers on handling this new body of messages that a company in litigation may be required to preserve and produce.
10:10a - 10:30a
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.
10:30a - 10:50a
KNOW YOUR PRODUCT
Greg Marshall
Snell & Wilmer (Phoenix, AZ)
Trial lawyer Greg Marshall will give in-house counsel his perspective on where to go, with whom to speak, and what to do to learn about the product that you will be defending. An intimate knowledge and understanding of your product's engineering, design and manufacture is essential to a good defense, as Greg's defense of a wrongful death case involving a Russian made MiG 21 fighter jet will attest.
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
HOW PRE-EMPTION OF CLAIMS AGAINST GENERICS IS AFFECTIING PRODUCT LIABILITY LAW
Steve Imbriglia
Gibbons (Philadelphia, PA)
Trial lawyer Steve Imbriglia shows how trial lawyers are attempting to circumvent a recent Supreme Court decision pre-empting claims against manufacturers of generic drugs and describes the impact of those efforts on product litigation generally. Brand name manufacturers are being targeted for liability resulting from plaintiffs' use of generic products.
11:40a - 12:00p
IN-HOUSE EXPERTS AND THE NEW FEDERAL RULES
Josh Fleming
Frost Brown Todd (Indianapolis, IN)
Trial lawyer Josh Fleming will discuss the balance between the protection and the discovery of in-house expert work product, including drafts of reports. Amendments to Rule 26 simultaneously expand and focus the scope of discovery of witness work product while creating procedural traps for the unwary.
12:00p - 12:20p
LEGAL PROJECT MANAGEMENT: DON'T START BUILDING WITHOUT A BLUEPRINT
Lew Wiener
Sutherland Asbill & Brennan (Washington, DC)
Build a bridge, a building, even a shed without a blueprint? No chance. Clients need to know in advance the beginning and end points of matters as well as the benchmarks along the way. Veteran trial attorney Lew Wiener will discuss the essentials of LPM: partnering with clients, scoping, transparency, identifying mission critical tasks and having the right team in place, all designed to provide clients with efficient, cost effective, value added legal services. "Fees for Services Rendered" Not anymore.
12:20p - 12:40p
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.
12:40p - 1:00p
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.
 
Session III - Working-Lunch Break-Outs

1:00p - 2:00p
SESSION A:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Lyndon Sommer -- Sandberg Phoenix & von Gontard (St. Louis, MO)
Erie Room

With Discussion By:
Nelson Alexander -- Frost Brown Todd (Indianapolis, IN)
Matt Fischer -- Schiff Hardin (Chicago, IL)
Duris Holmes -- Deutsch Kerrigan & Stiles (New Orleans, LA)
David Schultz -- Maslon Edelman Borman & Brand (Minneapolis, MN)

1:00p - 2:00p
SESSION B:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Beau Cole -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Ohio Room

With Discussion By:
Cooper Ashley -- Maslon Edelman Borman & Brand (Minneapolis, MN)
Steve Fogg -- Corr Cronin (Seattle, WA)
Brian Josias -- Schiff Hardin (Chicago, IL)
Chilton Simmons -- Hood Law Firm (Charleston, SC)

1:00p - 2:00p
SESSION C:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
David Harris -- Lowenstein Sandler (Roseland, NJ)
Michigan Room

With Discussion By:
Christina Dimock -- Corr Cronin (Seattle, WA)
Wally Greenough -- Schiff Hardin (Chicago, IL)
Jonathan Judge -- Schiff Hardin (Chicago, IL)
TL Summerville -- Dykema (Detroit, MI)

1:00p - 2:00p
SESSION D:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Christine Welstead -- Akerman Senetrfitt (Miami, FL)
Superior Room

With Discussion By:
Kevin Dufrane -- Dykema (Detroit, MI)
Paul Greenwalt -- Schiff Hardin (Chicago, IL)
Gord McKee -- Blake Cassels & Graydon (Canada)

1:00p - 2:00p
SESSION E:
LITIGATION MANAGEMENT AND THE CHANGING
IN-HOUSE/OUTSIDE COUNSEL RELATIONSHIP
Moderator:
Tony White -- Thompson Hine (Columbus, OH)
Ontario Room

With Discussion By:
Alan Gries -- Gibbons (Philadelphia, PA)
Sondra Hemeryck -- Schiff Hardin (Chicago, IL)
Matthew Prewitt -- Schiff Hardin (Chicago, IL)
 
Session IV - One Hour of Ethics
2:00p - 2:20p
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.
2:20p - 2:40p
ETHICS: PITFALLS IN SETTLEMENT NEGOTIATIONS
Carolyn Fairless
Wheeler Trigg O'Donnell (Denver, CO)
Settlement negotiations put demands on attorneys to put their clients' cases in the best light. Puffery and misrepresentation are often separated by only a thin line. It's easy to violate ethical proscriptions when communicating with others involved, including opposing parties, opposing counsel, a mediator and your own client. And there are limits on what you can and what you cannot ask for. Trial lawyer Carolyn Fairless gives us some easy-to-follow guidelines and interesting practical examples.
2:40p - 3:00p
ETHICS: ONLINE INVESTIGATION OF PARTIES, WITNESSES AND JURORS, ONE CLICK AT A TIME
Jerry Glas
Deutsch Kerrigan & Stiles (New Orleans, LA)
Trial lawyer Jerry Glas will discuss ethical considerations when investigating (through facebook, myspace, blogs, twitter, etc.) opposing parties and witnesses, as well as jurors during and after jury selection. There's a gold mine of information online waiting to be found, and lawyers who don't pick it clean could be toying with malpractice. Things you can't ask during voir dire may be openly stated in personal profiles but "friending" jurors and judges is probably not a good idea. And, jurors search the Internet. What your trial lawyer ought to be asking and finding herself.
 
Closing Statements
3:00p - 3:05p
NETWORK CHAIR
Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)
 

--- ONLINE REGISTRATION ---

Please register by June 13, 2012

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Seminar Agenda
FRI JUN 15 7:30a Continental Breakfast and Program Registration
FRI JUN 15 9:00a Opening Statements
FRI JUN 15 9:10a CLE Session I
FRI JUN 15 10:50a Coffee and Refreshment Break
FRI JUN 15 11:20p CLE Session II
FRI JUN 15 1:00p CLE Session III - Working-Lunch Break-Out Sessions
FRI JUN 15 2:00p CLE Session IV - Ethics
FRI JUN 15 3:00p Closing Statements