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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management:
Tribulations and Trials



Marriott Camelback Inn Resort
Scottsdale, Arizona


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Day 1 (Friday, Apr 25) - Opening Statements
8:00a - 8:05a
NETWORK CHAIR
Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)

8:05a - 8:10a
SEMINAR Co-CHAIRS
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
 
Session I
8:10a - 8:30a
WHEN CRIMINAL AND CIVIL CASES COLLIDE: A SURVIVAL GUIDE
Jerry Glas
Deutsch Kerrigan & Stiles (New Orleans, LA)
Every day employees are charged with DWI, fraud, and other crimes - even manslaughter - that also result in civil litigation. Former prosecutor Jerry Glas (now a New Orleans-based defense trial lawyer) will discuss the management of civil lawsuits in the face of parallel criminal prosecutions. He will relate how one client's aggressive approach resulted in the acquittal of a customer indicted for manslaughter, followed by summary judgment for the client, as well as a recent defense verdict for customers of the client's products. He will also describe the emotional roller coaster that peaked as a 22 year-old police officer – clad in a bullet-proof vest – stood and waited to hear the jury’s verdict in a manslaughter charge based on use of a client's product.
8:30a - 8:50a
NO LONGER JUST "HE SAID, SHE SAID"
Tianna Hill Raby
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
“Sexting” and “textual harassment” in the workplace are on the rise and expanding the basis for employee and, in some cases third party, claims against employers. Smartphones provide newer, faster, and sometimes more impulsive ways for employees to send offensive comments, photos, and videos which can serve as the basis for sexual harassment and other claims. Tianna Hill-Raby will discuss these claims in the digital era and provide suggestions for workplace policies and to mitigate potential liability.
8:50a - 9:10a
YOU HAVE THE RIGHT TO REMAIN SILENT - SOMETIMES: THE IMPLICATION OF INVOKING THE FIFTH AMENDMENT PRIVILEGE
David Spector
Akerman (West Palm Beach, FL)
Raise it once and you'll have to raise it every time or you will have waived it. With its origins in the Star Chamber, the privilege against self-incrimination applies in civil as well as criminal proceedings. But be careful, as an adverse inference may be drawn against those asserting the privilege.

9:10a - 9:50a
PANEL: EVIDENCE TESTING FOLLOWING A CLIENT'S CRISIS
Moderator: Jessie Zeigler
Bass Berry & Sims (Nashville, TN)
A fire occurs, killing a family of four at an apartment complex; an explosion at a plant sends several employees to the emergency room; a contract employee is killed while doing repair work at a manufacturing plant. This panel will explore the how to’s and do not’s of evidence preservation, collection and testing, including retaining consulting and/or testifying experts and preserving work product privilege as much as possible along the way.

With Discussion By:
Barbara Ashley - Medtronic (Minneapolis, MN)
Emily Rome - Maslon (Minneapolis, MN)
Linda Woolf - Goodell DeVries Leech & Dann (Baltimore, MD)
Jill Lawrie - Blake Cassels & Graydon (Toronta, ONT)
Jennifer Denholm - Ford (Dearborn, MI)
 
Refreshment and Coffee Break
 
Session II
10:20a - 10:40a
DISCOVERY OF FACTS BEHIND VIDEO SETTLEMENT DOCUMENTARIES
Heather Wilson
Frost Brown Todd (Indianapolis, IN)
With increasing frequency, plaintiffs' attorneys are using settlement "documentary" videos before and during mediation in catastrophic cases. Utilizing the format of a tabloid television news program, these "documentaries" address problematic liability and damages issues in a light that is often unreasonably favorable to the injured party. They accomplish this by combining demonstrative re-creations, medical imagery, day-in-the-life footage, and heavily edited videotaped interviews of key third-party witnesses, experts and physicians.
10:40a - 11:00a
E-DISCOVERY LESSONS FROM THE BATTLEFIELD
Mike Williams
Wheeler Trigg O'Donnell (Denver, CO)
Over the past 15 years, litigants increasingly have played the “gotcha” discovery game to gain an advantage in trials. With technology moving ahead ever faster than the legal rules, spoliation risks and corporate spending on e-discovery will grow. Trial lawyer Mike Williams, along with DISH Network’s General Counsel, Stanton Dodge, will discuss practical tips for minimizing discovery distractions and refocusing on the merits of your case in a world dominated by cloud-based computing, employees who bring their own devices to work, and increasingly complex and interactive business applications.
11:00a - 11:20a
CONSUMER FRAUD CLASS ACTION TRIALS: CALLING PLAINTIFF COUNSEL'S BLUFF
Linda Woolf and Rick Barnes
Goodell DeVries Leech & Dann (Baltimore, MD)
As plaintiffs continue to push the boundaries of consumer class action theories, defendants have developed a powerful weapon in response: the trial. Historically, consumer class action plaintiffs’ end game has been certification followed by a settlement that puts large fees in plaintiff’s counsel’s pockets with little to no benefit to the theoretical absent class members. But many plaintiffs have lost sight of the need to build a class action that presents a meritorious triable case, banking instead on risk-averse defendants’ unwillingness to try class representatives’ claims. In this new paradigm, defendants should reconsider taking the class representatives to trial.

11:20a - 12:00p
PANEL: DATA PRIVACY - IS YOUR COMPANY PREPARED?
Moderator: Jennifer Dioguardi
Snell & Wilmer (Phoenix, AZ)
When it comes to a data breach, the question is not “if” you will become a target, the question is “when”. Operational preplanning and readiness can control costs, improve customer loyalty, mitigate legal expenses and preserve your brand and reputation. Our panel will cover the current privacy and data security climate, breach preplanning and readiness, building and activating all aspects of your internal and external response team including the roles and responsibilities of forensic IT, customer service, human resources legal and senior management. Being prepared to deliver a quick and accurate response to a breach incident is the best tool to mitigate any type of risk.

With Discussion By:
Marcus Meeks - Fannie Mae (Washington, DC)
Thom Propson - Travelers Insurance (Hartford, CT)
Sherrie Farrell - Dykema (Detroit, MI)
Joe Ortego - Nixon Peabody (New York, NY)
 
Day 2 (Saturday, Apr. 26) - Welcome Back

8:05a - 8:10a
SEMINAR Co-CHAIRS
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
 
Session III

8:10a - 8:30a
WINNING YOUR CASE BEFORE TRIAL
Roger McCleary
Beirne Maynard & Parsons (Houston, TX)
Great trial lawyers do not rely on pulling a rabbit from the proverbial hat at trial. Preparation is the keystone of victory! Turn the opposition’s expert into the opposition’s worst nightmare – and your road to a successful result.
9:30a - 9:50a
NAVIGATING THE DANGEROUS WATERS OF INTERNATIONAL BUSINESS
Wynn Shuford
Lightfoot Franklin & White (Birmingham, AL)
Cultural impediments to effective communication are often unknown and misunderstood by Americans, even in the absence of actual language barriers. Ours is a “low context culture” where the primary purpose of communication is the exchange of information. For us, the content of a communication is more important than the context. Not so in more “high context” cultures, where the purpose of communication is more subtle - the establishment of relationships. Failure to appreciate those differences can cause serious problems in international business relationships.
8:50a - 9:10a
CROSS-EXAMINING THE IMPECCABLE EXPERT
Dan Stephenson
Dykema (Los Angeles, CA)
Making bad experts look that way is easy. Making good experts look bad is what's difficult. But it is possible to neutralize good adverse experts and even to convert them to score points for your side, but doing so takes experience, sincerity, knowledge of the expert's area, and a lot of work. Trial lawyer Dan Stephenson will discuss how to make the best of a good adverse expert.
9:10a - 9:50a
PANEL: BRUCE SPRINGSTEEN ON EXPERT WITNESS TESTIMONY
Lewis Wiener
Sutherland Asbill & Brennan (Washington, DC)
You can't start a fire without a spark, this gun's for hire, even if we're just dancing in the dark. Experts should provide independent, impartial, unbiased opinion evidence to aid juries in understanding complex facts. Our panel will discuss selection and preparation of expert witnesses (including real life examples of do's and don'ts), successful communication and presentation techniques for experts during testimony, and tips for practitioners regarding effective use of experts and pitfalls to avoid.

With Discussion By:
David Harris - Lowenstein Sandler (Roseland, NJ)
Bradley Preber - Grant Thornton (Phoenix, AZ)
David Weekly - Fenix Financial Forensics (Phoenix, AZ)
Stephanie Giammarco - BDO Consulting (New York, NY)
 
Refreshment and Coffee Break
 
Session IV
10:20a - 10:40a
MAKING A "MOCK"ERY OF YOUR CASE: THE PROS AND CONS OF MOCK TRIALS
Joe Krasovec
Schiff Hardin (Chicago, IL)
Mock trying your case can be a very useful tool in assessing its strengths and weaknesses, if done right. How are the presentations structured? Where do you get your pool of mock jurors? What evidence do you put in front of them? How do you use the information you get from them to help your case? Trial lawyer Joe Krasovec, who has participated in over 30 mock trials, shares his thoughts on how to get the most out of this sometimes expensive and time consuming method of case assessment.
10:40a - 11:00a
SIXTY DAYS TO TRIAL
Steve Fogg
Corr Cronin (Seattle, WA)
The two months that precede trial can be a flurry of activity: dispositive motions, last-minute discovery, mediations, mock jury exercises, witness preparation. Getting it all done efficiently and effectively is a challenge, especially if you’re an in-house lawyer managing the expense and the result. Veteran trial lawyer Steve Fogg walks you through those crucial two months, offering real-world tips and advice.
 
Closing Statements Before Break-Outs
11:00a - 11:05a
NETWORK CHAIR
Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)
 
Litigation Management Break-Outs (1 Hour)
SESSION J:
DRIVING VALUE THROUGH LEGAL PROJECT MANAGEMENT AND TRENDS IN PRIVACY AND DATA SECURITY
Moderator: Scott O'Connell
Nixon Peabody (Boston, MA)
Room: Arizona J

Discussion Group Leaders:
Jack Doherty - PSEG Services (Newark, NJ)
SESSION K:
TRADE SECRET LITIGATION
Moderator: David Harris
Lowenstein Sandler (Roseland, NJ)
Room: Arizona K

Discussion Group Leaders:
John Campa - F5 Networks (Seattle, WA)
Kelly Corr - Corr Cronin (Seattle, WA)
Anthony Todaro - Corr Cronin (Seattle, WA)
SESSION L:
CLASS ACTIONS - NEW DEVELOPMENTS
Moderator: Tony Lathrop
Moore & Van Allen (Charlotte, NC)
Room: Arizona L

Discussion Group Leaders:
Steve Fogg - Corr Cronin (Seattle, WA)
Steve Imbriglia - Gibbons (Philadelphia, PA)
SESSION M:
LITIGATION MANAGEMENT
Moderator: Michael O'Donnell
Wheeler Trigg O'Donnell (Denver, CO)
Room: Arizona M
Discussion Group Leaders:
Ariane Johnson - Duke Energy (Plainfield, IN)
George Kalapos - Unimin (New Canaan, CT)
Habib Nasrullah - Wheeler Trigg O'Donnell (Denver, CO)
Roger Sisson - Genesco (Nashville, TN)
Overton Thompson - Bass Berry & Sims (Nashville, TN)
SESSION N:
ALTERNATIVE FEE ARRANGEMENTS IN LITIGATION
Moderator: Tony White
Thompson Hine (Columbus, OH)
Room: Arizona N
Discussion Group Leaders:
Chris Tucci - PNC Financial (Philadelphia, PA)
Tom Vanderford - Hyundai (Fountain Valley, CA)
John Worden - Schiff Hardin (San Francisco, CA)
 

--- ONLINE REGISTRATION ---
April 24-27, 2014


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Most Guests are arriving on Thursday, April 24 and Departing on Sunday, April 27. Please enter your Arrival and Departure dates below.
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Seminar Agenda
THU APR 24 7:00p Opening Reception and Dinner
THU APR 24 10:00p Hospitality Suite
FRI APR 25 7:00a Registration / Continental Breakfast - West Foyer
FRI APR 25 8:00a CLE SuperCourse Day 1 Begins - Arizona I Ballroom
FRI APR 25 9:00a Spouse/Significant Other Event (Returns at 12:00p)
FRI APR 25 12:00p CLE SuperCourse Day 1 Concludes
FRI APR 25 1:00p Recreation: Golf, Spa, Cattle Drive, Jeep Tour
FRI APR 25 7:00p Dinner
FRI APR 25 10:00p Hospitality Suite
SAT APR 26 7:00a Continental Breakfast - West Foyer
SAT APR 26 8:00a CLE SuperCourse Day 2 Begins - Arizona I Ballroom
SAT APR 26 12:00p CLE SuperCourse Day 2 Concludes
SAT APR 26 1:00p Recreation: Golf, Spa, Nature Hike, Rafting
SAT APR 26 7:00p Reception and Dinner at Mummy Mountain
SAT APR 26 10:00p Hospitality Suite

Recreation

Botanical Tour and Cooking
Spouses and Significant Others are welcome to join us on a guided tour and cooking demonstration of the Desert Botanical Garden where discovery and surprise await you on the Garden trails. Artist Dale Chihuly returns with a stunning exhibition of his extraordinary and vibrant works of art. Chihuly is credited with revolutionizing the Studio Glass movement and elevating the perception of the glass medium from craft to fine art.


Golf
Welcome to a golfer's paradise in the Valley of the Sun, where 36 holes of championship golf await you. Surrounded by incredible scenery, under beautiful blue skies, Scottsdale offers a year-round exciting challenge for golfers of any skill level. Play in our Shotgun Best Ball Tournament on Friday at Grayhawk and/or our play-your-ball game on Saturday at Troon North.


Scottsdale Nature Hike
Travel along with our knowledgeable guide 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.



The Camelback Spa
It’s your body’s fundamental daily journey toward balance — and it’s the foundation for everything we do at teh Camelback Spa. 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.

 

Vibrant and serene, bold and enchanting,
the JW Marriott Scottsdale Camelback Inn Resort & Spa
pulses with a spirit of adventure, whether you are relaxing in our award-winning spa
or enjoying endless outdoor recreation, including swimming, hiking, and biking.

Our breathtaking 125-acre campus beneath Mummy Mountain
features casita rooms brimming with luxury, and an indulgence of fine cuisine,
will leave guests with the thought of “In all the world, only one ...”