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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management:
The Company in Crisis



The Ritz-Carlton Golf Resort
Naples, FL


May 2-5, 2013

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eCoursebook (mobi)
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Day 1 (Friday, May 3) - Opening Statements
8:30a - 8:35a
NETWORK VICE-CHAIR
Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)


8:35a - 8:40a
SEMINAR CO-CHAIRS
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
Alan Gries -- Gibbons (Philadelphia, PA)
Jessalyn Zeigler -- Bass Berry & Sims (Nashville, TN)
 
Session I
8:40a - 9:00a
PRELUDE TO TRIAL: MEDIATION IN THE MODERN AGE
Jon Barton
Sandberg Phoenix & von Gontard (St. Louis, MO)
Mediation is often the last opportunity many trial lawyers have to speak directly to the opposing party prior to trial. How is that time best used? What message should be conveyed? With fewer cases being tried to verdict, mediation has become more important in casting doubt upon your opponent's case while at the same time balancing the economic reality of trial with the potential for resolution on your terms.
9:00a - 9:20a
EVERYTHING I NEED TO KNOW ABOUT BEING A TRIAL LAWYER I LEARNED FROM VINCENT LAGUARDIA GAMBINI
Lew Wiener
Sutherland Asbill & Brennan (Atlanta, GA)
Opening statements, introduction of key evidence, cross examination, expert witnesses, closing arguments: the anatomy of a trial. We will explore key components of the trial, seen through the eyes on the eminent legal scholar Vincent LaGuardia Gambini.
9:20a - 9:40a
WHAT THE EEOC HAS IN STORE FOR COMPANIES IN 2013 AND BEYOND
Heather Wilson
Frost Brown Todd (Indianapolis, IN)
The EEOC has spoken and its message is clear! For the next four years, the EEOC will focus its efforts on hiring, pay and harassment. Now more than ever, Companies need to make sure they have the proper training, policies and procedures in place to avoid any unnecessary liability.

9:40a - 10:20a
PANEL: CRISIS MANAGEMENT FOR IN-HOUSE COUNSEL
Moderator: Steve Williger
Thompson Hine (Cleveland, OH)
How you handle a crisis while it's happening will measure your value to your company. Remaining standing after a crisis, with your company's reputation intact, should be your goal. Assumption of responsibility, appointment of a responsible spokesperson, one who does not need to wait to answer questions until (s)he can consult with counsel, and open and frequent communication while your company is working diligently to resolve the crisis, can go a long way to achieving your goal. Our panel of in-house and outside counsel offer suggestions based on real world experience.

With Discussion By:
Jack Doherty - PSEG Services (Newark, NJ)
Rick Pasquier - FMC Corporation (Philadelphia, PA)
Thomas Bundy - Sutherland Asbill & Brennan (Washington, DC)
 
Refreshment and Coffee Break
 
Session II
10:50a - 11:10a
DEALING WITH CURRENT AND FORMER EMPLOYEES IN LITIGATION
Nicole Bearce
Lowenstein Sandler (Roseland, NJ)
To a jury, a corporation comes to court through witnesses. Trial lawyer Nicole Bearce explores issues that arise when current or former employees are involved, either as witnesses or co-defendants, including defense and indemnity, payments to witnesses, coverage under D&O policies, whether they must have separate counsel, and more.
11:10a - 11:30a
AND JUSTICE FOR ALL: PRO BONO SERVICE
John Worden
Schiff Hardin (San Francisco, CA)
There's more to the profession of law than making money for your employer or law firm. The law is a strong and necessary vehicle to assist the most powerless among us. And the experience gained working outside of one's regular practice broadens and improves the qualifications of those fortunate lawyers who provide that public service.
11:30a - 11:50a
WHEN THE STAKES ARE HIGH
Johnny Johnson
Lightfoot Franklin & White (Birmingham, AL)
Factors affecting the range of reasonableness for various stakeholders. Trial lawyer Johnny Johnson reveals best strategies for the evaluation, negotiation and resolution of bet-the-company claims, and explains the impact of MSP obligations and related federal reporting requirements on settlement dynamics.
11:50a - 12:30a
PANEL: MANAGING HIGH VOLUME AND PATTERN LITIGATION
Moderator: Amy Sorenson
Snell & Wilmer (Salt Lake City, UT)
Mass tort litigation taught the plaintiffs' bar the economics of cooperative group attacks on whole industries. It took time for the defense bar to respond but they've learned their lesson. The new post-recession era has ushered in new kinds of high volume, pattern and consumer litigation. Trial lawyer Amy Sorenson will moderate a panel of in-house and trial lawyers who bring decades of experience and perspective to the ever-changing problem.

With Discussion By:
Phillip Sykes - Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Bobby Hood, Jr. - Hood Law Firm (Charleston, SC)
Kevin Zielke - Dykema (Detroit, MI)
Steve Imbriglia - Gibbons (Philadelphia, PA)
 
Day 2 (Saturday, May 4) - Welcome Back


8:35a - 8:40a
SEMINAR CO-CHAIRS
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
Alan Gries -- Gibbons (Philadelphia, PA)
Jessalyn Zeigler -- Bass Berry & Sims (Nashville, TN)
 
Session III
8:40 - 9:00a
WHISTLING A HAPPY TUNE: A PRIMER ON DEFENDING PRIVATE WHISTLE BLOWER CLAIMS
Christine Welstead
Akerman Senterfitt (Miami, FL)
Companies are facing a decade of increasing protection for public- and private-sector whistleblowers. Trial lawyer Christine Welstead focuses on recent legislative and case law developments to deliver practical strategies for winning whistle-blower cases by tailoring your case to jury attitudes.
9:00a - 9:20a
CLOSING ARGUMENTS: MAKING A WINNING STATEMENT
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)
Closing Argument is the heart of the trial process. Every other aspect of a trial leads inexorably to the Closing Argument, in which both sides bring together their evidence and arguments, and attempt to persuade the jury that a verdict for their client is the only reasonable outcome. Closing argument is the most dramatic and most creative part of a trial, and veteran trial lawyer Hugh Gottschalk will discuss the elements of a winning Closing Argument, illustrated by some of Hollywood’s most memorable Closing Arguments.
9:20a - 9:40a
CLASS ACTION JURY TRIALS: GOING THE DISTANCE
Emily Harris
Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Most class actions settle after certification. But for those that don't, jury trials present unique challenges. Trial lawyer Emily Harris discusses strategies for trying a class action to a jury verdict, including post-certification discovery from absent class members, decertification motions, bifurcation, motions in limine, defending against "representative" or "classwide" evidence, and jury instructions.

9:40a - 10:20a
PANEL: RECENT ISSUES IN CROSS BORDER LITIGATION - AN IN-HOUSE PERSPECTIVE
Moderator: David Neave
Blake Cassels & Graydon (Canada)
In this interactive panel, counsel to large Canadian Energy Corporations will discuss some of the challenges they have recently encountered in managing cross-border litigation. From litigation holds, through deposition and the geography of service providers, a discussion of some of the issues that they have managed offers insight and an opportunity to proactively manage similar challenges for your clients or corporation.

With Discussion By:
Jody Johnson - TransCanada Pipelines (Canda)
Melanie Gaston - Blake Cassels & Graydon (Canada)
 
Refreshment and Coffee Break
 
Session IV
10:50a - 11:10a
FROM THE EVIL EMPIRE TO THE GRAVE: INSIGHTS FROM RECENT TRADEMARK INFRINGEMENT CASES
Tony Lathrop
Moore & Van Allen (Charlotte, NC)
Tony Lathrop will give us the score from the Yankees’ fight with Evil Enterprises, Inc. over the “Evil Empire” trademark, and a recent case in which he secured a preliminary injunction against the use of his client’s trademark in the name of a competing business.
11:10a - 11:30a
THE LOST ART OF ARBITRATION: FINDING YOUR ARBITRATION MOJO
Scott Marrs
Beirne Maynard & Parsons (Houston, TX)
Think arbitration has lost its luster? You’re not alone. Arbitrator and trial lawyer Scott Marrs discusses arbitration's fall from grace, and what to do to get your mojo back and harness the power of arbitration for your client's benefit.
 
Closing Statements Before Break-Outs
11:30a -11:40a
NETWORK VICE-CHAIR
Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)
 
Break-Out Panel Discussions (1 Hour)
SESSION A:
LITIGATION MANAGEMENT
Moderator: Nikki Nesbitt
Goodell DeVries Leech & Dann (Baltimore, MD)

Room: Great Egret

Discussion Group Leaders:
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
Mike Wippler - Dykema (Los Angeles, CA)
Michael Hoffman - Riverstione Residential (Dallas, TX)

SESSION B:
LEGAL PROJECT MANAGEMENT
Moderator: Larry Polk
Sutherland Asbill & Brennan (Atlanta, GA)

Room: Blue Heron I

Discussion Group Leaders:
Eddie Clopton - Exelon (Chicago, IL)
Jason Mather - Health Mamnagement Associates (Naples, FL)
Lew Wiener - Sutherland Asbill & Brennan (Washington, DC)
Chandler Bailey - Lightfoot Franklin & White (Birmingham, AL)
Maureen Middleton - Primerica Financial (Duluth, GA)
Andy Upton - Standard Chartered Bank (New York, NY)
Alex Schoch - Peabody Energy (St. Louis, MO)

SESSION C:
LITIGATION MANAGEMENT
Moderator: Catherine Ahlin-Halverson
Maslon Edelman Borman & Brand (Minneapolis, MN)

Room: Blue Heron II

Discussion Group Leaders:
Mike Fried - LVL Claims (New York, NY)
Jerry Glas - Deutsch Kerrigan & Stiles (New Orleans, LA)
Jeff Newman - Advance America (Spartanburg, SC)
John Mulvihill - Hubbell (Shelton, CT)

SESSION D:
HEALTHCARE INDUSTRY INTEREST GROUP
Moderator: David King
Bass Berry & Sims (Nashville, TN)

Room: Cypress

Discussion Group Leaders:
Danya Blair - Beirne Maynard & Parsons (Houston, TX)
Nancy Poblenz - CHRISTUS Health (Irving, TX)
Kaz Kikkawa - Health Management Associates (Naples, FL)
Justin Pitt - Community Health Systems (Franklin, TN)
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)

SESSION E:
LITIGATION MANAGEMENT
Moderator: Alan Gries
Gibbons (Philadelphia, PA)

Room: The Preserve

Discussion Group Leaders:
Roger McCleary - Beirne Maynard & Parsons (Houston, TX)
Brian Walters - Matthews International (Pittsburgh, PA)
George Kalapos - Unimin (New Canaan, CT)
Bill Cronin - Corr Cronin (Seattle, WA)

 

--- ONLINE REGISTRATION ---
May 2-5, 2013


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Seminar Agenda
THU MAY 2 7:00p Opening Reception and Dinner Poolside
THU MAY 2 10:00p Hospitality Suite in The Bar
FRI MAY 3 7:30a Registration / Continental Breakfast
FRI MAY 3 8:30a CLE SuperCourse Day 1 Begins
FRI MAY 3 9:00a Spouse/Significant Other Shopping Shuttle
FRI MAY 3 12:30p CLE SuperCourse Day 1 Concludes
FRI MAY 3 1:00p Golf, Spa, Bicycling, Kayaking
FRI MAY 3 6:30p Busses Board for Dinner -- Naples Sailing and Yacht Club
FRI MAY 3 10:00p Hospitality Suite in The Bar
SAT MAY 4 7:30a Continental Breakfast
SAT MAY 4 8:30a CLE SuperCourse Day 2 Begins
SAT MAY 4 10:00 Significant Other Flower Arranging - White Ibis
SAT MAY 4 12:30p CLE SuperCourse Day 2 Concludes
SAT MAY 4 1:00p Golf, Spa, Naples Princess Cruise
SAT MAY 4 7:00p Reception and Dinner
SAT MAY 4 10:00p Hospitality Suite in The Bar

Things To Do When in Naples

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 at Wiggins Pass
Discover nature close up on this tour of a pristine mangrove estuary.  A certified naturalist guide will lead the way along Wiggins Pass where wading birds can be observed in their natural habitat.  At the Pass, dolphins are often seen playing in the waters of the back bays.  Here the barrier islands of Barefoot Beach Preserve and Delnor Wiggins Pass State Park provide the perfect reprieve and an opportunity to explore and learn.

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.