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LITIGATION MANAGEMENT SUPERCOURSE
Litigation Management
in a New York Minute
2013 Edition

Approved by NYS CLE Board for
6.0 CLE Hours of Professional Practice plus
1.5 CLE Hours of Ethics and Professionalism - Course BUS2392
(Transitional and Non-transitional)

Also eligible for credit in Arizona, California, Georgia, New Jersey and Pennsylvania.
We will apply to other states for approval as needed



100% Free of Charge to Attorneys

Space is limited. Please register in advance.



Friday, August 9, 2013



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

Program Coursebook (PDF)
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Friday, August 9 - Opening Statements
9:00a - 9:05a
NETWORK CHAIR
James Miller
Akerman Senterfitt (Miami, FL)

9:05a - 9:10a
SEMINAR Co-CHAIRS
Phillip Sykes - Forman Perry Watkins & Tardy (Jacson, MS)
David Harris - Lowenstein Sandler (Roseland, NJ)
Stacie Hartman - Schiff Hardin (San Francisco, CA)
 
Session I
9:10a - 9:30a
CIVIL LESSONS FROM CRIMINAL TRIALS
Jack Sharman
Lightfoot Franklin & White (Birmingham, AL)
In an era of over-criminalization, in-house counsel must consider the possibility of criminal investigation and prosecution of their corporate clients. Sometimes, thinking like a criminal defense lawyer can help 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.
9:30a - 9:50a
GOVERNMENT SURVEILLANCE: SEARCHING FOR PRIVACY IN A PUBLIC SPACE
Joe Ortego
Nixon Peabody (New York, NY)
Snowden Has Peeled Back a Few Layers of the Onion; Now What Do We Do? -- Lawyers need to know what kind of electronic information is exposed on an ongoing and daily basis, what their obligations are to inform clients and how to protect their clients. Legality of PRISM, the NSA's clandestine mass electronic surveillance and data collection program and its reach into electronic attorney-client communications. Responses by departments of government and by foreign governments. The FISA court and its role. NY's Code of Professional Conduct and related obligations imposed on attorneys. Protecting and advising clients.
9:50a - 10:10a
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.
10:10a - 10:30a
CONTROLLING RISK WHILE PREPARING FOR TRADE SECRET LITIGATION
Matt Prewitt
Schiff Hardin (Chicago, IL)
Trade secret litigation presents unusual challenges for initial case assessment and pre-suit investigation. Trial lawyer Matt Prewitt addresses practical steps for trade secret plaintiffs in order to complete and document pre-suit investigation sufficient to satisfy counsel's and the company's ethical obligations to conduct a good-faith factual inquiry.
10:30a - 10:50a
IS SPOLIATION THE NEW SMOKING GUN?
Bobby Hood, Jr.
Hood Law Firm (Charleston, SC)
Applying antiquated evidentiary rules and common law in today’s fluid, high-tech environment challenges even the most sophisticated in-house counsel. The negative inference from a spoliation charge properly made will likely eliminate summary judgment and appellate relief. Trial lawyer Bobby Hood, Jr. explores the state of spoliation as courts race to bring address modern business realities. What you can do to avoid staring down the barrel of today’s new smoking gun.
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
DEALING WITH CURRENT AND FORMER EMPLOYEES IN LITIGATION
Nicole Bearce
Lowenstein Sandler (Roseland, NJ)
Company witnesses (whether as percipient fact witnesses, employee experts, co-defendants or otherwise) are seen by juries as the embodiment of their corporate employers and therefore pose special problems and unique risks. Trial lawyer Nicole Bearce alerts you issues that arise when current or former employees testify, including issues of payment, defense and indemnity, coverage under D&O policies, independent counsel, and more.
11:40p - 12:00p
EFFECTIVE ALTERNATE DISPUTE RESOLUTIONS APPROACHES AND STRATEGIES
Mark Hauck
Dykema (Detroit, MI)
ADR is evolving as parties seek quicker and less expensive ways to resolve disputes. Trial lawyer Mark Hauck outlines common types of ADR, as well as some lesser- known but effective hybrids and industry-specific protocols that could be useful to in-house counsel presented with disputes that might benefit from unique approaches.
12:00p - 12:20p
RESPONDING TO A CRISIS: EXPERT AND CONSULTING WITNESSES AS KEY TO CRISIS MANAGEMENT
Jessie Zeigler
Bass Berry & Sims (Nashville, TN)
Retention and management of experts is often an integral part of managing a serious and developing crisis. The Federal Rules differentiate between consulting and testifying experts. It's critical for in-house counsel to know the difference and to avoid compromising the work of a company's consulting experts. Protection from discovery of the candid and sometimes sensitive work prepared by consulting witnesses is clearly in-house counsel's responsibility. Trial lawyer Jessie Zeigler will show you how.
12:20p -12:40p
DEFENDING FRAUDULENT FRAUD CASES
Nancy Marshall
Deutsch Kerrigan & Stiles (New Orleans, LA)
It doesn't get much dirtier than this. Plaintiffs use ethics complaints, RICO claims, garden variety fraud allegations, false allegations concerning violations of federal statutes and more in their efforts to cram down settlements. Some plaintiffs attempt to escalate negligence into fraud claims, or fix on alleged misrepresentations to courts. Some involve bad business deals and a deep-pocket lawyer. Trial lawyer Nancy Marshall will describe this risk and talk about how it can be minimized.
12:40p - 1:00p
EFFECTIVE WORKPLACE INVESTIGATIONS
John Romeo
Gibbons (Philadelphia, PA)
In-house counsel are the first line of defense for workplace complaints, and a well-run investigation puts your company on the right track from the start. Trial lawyer John Romeo provides touch points for handling complaints; justifying an internal investigation or the lack thereof; the degree of care to prevent and correct problem behavior; avoiding making matters worse; setting goals and scope; identifying investigators; avoiding privilege issues; communications during the investigation; taking interim action; gathering documentation; issuing litigation holds; interviewing witnesses; involving third-parties; documenting the investigation; making reports; and much more.
 
Session III - Working-Lunch Break-Outs
1:00p - 2:00p
SESSION A:
SUCCESSFUL PARTNERSHIP OF IN-HOUSE AND OUTSIDE COUNSEL
Moderator: Roger McCleary
Beirne Maynard & Parsons (Houston, TX)
Room: Evarts

With Discussion By:
Susan Artinian - Dykema (Detroit, MI)
James Miller - Akerman Senterfitt (Miami, FL)

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

With Discussion By:
Sherrie Farrell - Dykema (Detroit, MI)
Peter Farley - Sutherland Asbill & Brennan (Atlanta, GA)

1:00p - 2:00p
SESSION C:
LITIGATION MANAGEMENT
Moderator: Scott O'Connell
Nixon Peabody (Boston, MA)
Room: Carter

With Discussion By:
David Harris - Lowenstein Sandler (Roseland, NJ)
David Schultz - Maslon Edelman Borman & Brand (Minneapolis, MN)
James Weller - Nixon Peabody (Jericho, NY)

1:00p - 2:00p
SESSION D:
LITIGATION MANAGEMENT
Moderator: Joel Hoxie
Snell & Wilmer (Phoenix, AZ)
Room: CLE Room

With Discussion By:
Stacie Hartman - Schiff Hardin (Chicago, IL)
Madeline Sherry - Gibbons (Philadelphia, PA)

1:00p - 2:00p
SESSION E:
CLASS ACTION AND MDL LITIGATION
Moderator: Greg Marshall
Snell & Wilmer (Phoenix, AZ)
Room: Cromwell

With Discussion By:
Bobby Hood, Sr. - Hood Law Firm (Charleston, SC)
Phillip Sykes - Forman Perry Watkins Krutz & Tardy (Jackson, MS)

1:00p - 2:00p
SESSION F:
EFFECTIVELY MANAGING INTER-JURISDICTIONAL CLASS ACTIONS
Moderator: Robin Reinertson
Blake Cassels & Graydon (Canada)
Room: Hughes

With Discussion By:
James Sullivan - Blake Cassels & Graydon (Canada)
David Neave - Blake Cassels & Graydon (Canada)

1:00p - 2:00p
SESSION G:
FEE ALTERNATIVES TO THE HOURLY RATE
Moderator: Tony Lathrop
Moore & Van Allen (Charlotte, NC)
Room: Davis

With Discussion By:
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)

1:00p - 2:00p
SESSION H:
LITIGATION MANAGEMENT
Moderator: John Sandberg
Sandberg Phoenix & von Gontard (St. Louis, MO)
Room: Stimson

With Discussion By:
John Worden - Schiff Hardin (San Francisco, CA)
Steve Fogg - Corr Cronin (Seattle, WA)
 
Session IV - Includes 1.5 CLE Hours of Ethics
2:00p -2:20p
LESSONS FROM LINCOLN - WHAT EVERY LAWYER CAN LEARN FROM ABRAHAM LINCOLN
Nick Pappas
Frost Brown Todd (Indianapolis, IN)
Known for his integrity, Honest Abe's life and writings continue to provide meaningful lessons on professionalism and ethics for today's lawyers. Trial lawyer Nick Pappas will focus on how the "Prairie Lawyer," one of our greatest Presidents, practiced his craft and built his well-deserved reputation.
2:20p -2:40p
ETHICS: ETHICAL ISSUES IN INTERNAL INVESTIGATIONS
William Cronin
Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Internal investigations proliferate as companies respond to increased regulatory scrutiny, whistleblower claims, internal corporate policy requirements and the need for specially appointed litigation committees to evaluate potential shareholder claims, raising many ethical questions for in-house and outside counsel. Trial lawyer Bill Cronin presents practical pointers for lawyers confronting internal investigations.
2:40p -3:00p
ETHICS: ETHICAL LAND MINES FOR IN-HOUSE COUNSEL AND TRIAL LAWYERS
Emily Rome
Maslon Edelman Borman & Brand (Minneapolis, MN)
From e-discovery to HIPAA to social media to litigation funding... watch your step! Every day there is a new story about lawyers and judges getting into trouble because of one misstep or another. Trial lawyer Emily Rome highlights some of the tricky issues that arise when lawyers fail to be vigilant.
3:00p -3:20p
ETHICS: ATTORNEY’S DUTY OF COMPETENCE WITH TECHNOLOGY
Carolyn Fairless
Wheeler Trigg O'Donnell (Denver, CO)
Gone are the days when attorneys could safely take pride in being technology ignoramuses. Codes of Professional Conduct require competent representation, including knowledge of relevant technologies. Trial lawyer Carolyn Fairless will discuss the new rules that provide guidance for communications (including the inadvertent receipt of adversary’s privileged communications). Metadata, electronically stored information, limitations of clawback and “quick peek” agreements, and supervision of document reviews, and much more.
3:20p - 3:40p
ETHICS: EFFECTIVE AND ETHICAL USE OF SOCIAL MEDIA IN LITIGATION
Clarence Webster
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Ethical land mines abound in social media for in-house counsel managing litigation as do opportunities for free extra-litigation discovery, fact investigation, expert retention and preparation, and jury research. But you have to be careful. Trial lawyer Clarence Webster talks about friending and other communications with jurors and witnesses, rouge investigation by jurors; witness preparation videos and other confidential information getting out and going viral; airing private disputes in public; accessing personal content using company computers; changing a client’s web presence, and more.
3:40p -4:00p
ETHICS: THE LAWYER AS A WITNESS
Irene Bassel
Akerman Senterfitt (Tampa, FL)
Lawyers who testify are presented with unique ethical challenges. Trial lawyer Irene Bassel discusses lawyer's ethical responsibilities in the context of serving as a witness, including confidentiality, client privilege and attorney work product. Practical recommendations to mitigate and avoid risks to your company.
 
Closing Statements
4:00p - 4:05p
NETWORK CHAIR
James Miller
Akerman Senterfitt (Miami, FL)
 

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Seminar Agenda
FRI AUG 9 7:30a Continental Breakfast and Program Registration
FRI AUG 9 9:00a Opening Statements
FRI AUG 9 9:10a CLE Session I
FRI AUG 9 10:50a Coffee and Refreshment Break
FRI AUG 9 11:20p CLE Session II
FRI AUG 9 1:00p CLE Session III - Working-Lunch Break-Out Sessions
FRI AUG 9 2:00p CLE Session IV - Ethics
FRI AUG 9 4:05p Closing Statements