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LITIGATION MANAGEMENT SUPERCOURSE

Litigation:
Management or Mayhem?
You Choose

A concentrated curriculum
for in-house counsel managing litigation



The Grand Del Mar Resort
San Diego, CA

Day 1 (Friday, October 24) - 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)
Greg Marshall -- Snell & Wilmer (Phoenix, AZ)
Lew Wiener -- Sutherland Asbill & Brennan (Washington, DC)
Nicole Bearce -- Lowenstein Sandler (Roseland, NJ)
 
Session I
8:10a - 8:30a
AVOID BEING GM'ED: KEEPING YOUR HEAD IN A POST-GM WORLD
Jack Sharman
Lightfoot Franklin & White (Birmingham, AL)
GM's independent outside investigator studying the company's ignition-switch problems sharply criticized GM's in-house lawyers, and a Senate committee did the same to GM’s general counsel. And they’re not alone. GM may have grabbed the headlines, but in-house counsel at GlaxoSmithKline, WalMart and Siemens also have been criticized. Why and where did those lawyers go wrong? Could you just as easily be in the hot-seat for the ways that you protect your company? With white-collar and internal-investigation experience, Jack Sharman highlights what you need to know in today's post-GM world.
8:30a - 8:50a
WHEN LOSSES EXCEED POLICY LIMITS: WHAT'S A CLIENT TO DO?
Walter Boone
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Too many claims and not enough policy limits? Trial lawyer Walter Boone shares his experience representing clients facing claims that exceed coverage limits, singly or jointly, that compete for limited insurance policy resources of defense and indemnity coverage.
8:50a - 9:10a
WINNING JURY TRIALS: LESSONS FROM HOLLYWOOD
Jeff Hines and George Mahaffey
Goodell DeVries Leech & Dann (Baltimore, MD)
Screen-writer and trial lawyer George Mahaffey teams up with trial lawyer Jeff Hines to show in-house counsel how Hollywood gets audiences to absorb information, and how lawyers can use the same techniques at trial. Rhythm and beats in information flow are used to produce “tent-pole” or “four-quadrant” movies and can be applied to trials. Jurors increasingly watch trials and react as they would watching a movie, with their attention rising and falling depending on how the information flows. Trial lawyers can also use Hollywood’s technique of creating “sticky ideas”, simple but profound, that resonate by using concrete words and memorable images.

9:10a - 9:50a
PANEL: ALTERNATIVE FEE ARRANGEMENTS - TO PAY OR NOT TO PAY, THAT IS THE QUESTION
Moderator: Lew Wiener
Sutherland Asbill & Brennan (Washington, DC)
With increasing budget pressure on clients and their in-house counsel, alternative fee arrangements, including fixed-fee arrangements, unitary fees and all-you-can-eat plans are getting attention. Our panel will discuss their experiences with alternative fee arrangements, what’s working, the problems they've experienced, and reasons that it has taken so long for AFAs to get traction.

With Discussion By:
Michael Hoffman - Riverston Residential (Dallas, TX)
Pamela Labaj - Panasonic (Newark, NJ)
Gord McKee - Blake Cassels & Graydon (Canada)
Jim Miller - Akerman (Miami, FL)
 
Refreshment and Coffee Break
 
Session II

10:20a - 10:40a
CONDUCTING EFFECTIVE INTERNAL INVESTIGATIONS
Mark Morrison
Blake Cassels & Graydon (Canada)
Allegations of corruption or other criminal conduct, poorly investigated and responded to, can wind up as front page news, tank stock prices, decimate sales, and result in long-term losses. Practice pointers for handling effective internal investigations.
10:40a - 11:00a
USING SURVEILLANCE MATERIALS IN DISCOVERY: HOW, WHEN AND WHY
Kate Stimeling
Schiff Hardin (San Francisco, CA)
Trial lawyer Kate Stimeling demonstrates how best to use video surveillance materials in litigation while meeting legal requirements for disclosure and production of surveillance videos. When do the risks of surveillance outweigh the benefits? How best to use surveillance materials at deposition, mediation and trial. Can your surveillance videos be discovered? Watch real life examples; hear best practices.
11:00a - 11:20a
WRITE SMART: HELPING EMPLOYEES AVOID CREATING THE DOCUMENT FROM HELL
Cooper Ashley
Maslon Edelman Borman & Brand (Minneapolis, MN)
Any employee can create a smoking gun document. We’ve all seen them. When authors create documents without considering inevitable production to litigation adversaries, avoidable harm can be done. Trial lawyer Cooper Ashley reviews some of the worst documents imaginable and provides a roadmap to bullet-proofing your client by causing employees to always keep litigation front-of-mind.
11:20a - 12:00p
PANEL: ARBITRATION - WHAT WORKS, WHAT DOESN'T, AND WHAT SOME TRIAL LAWYERS JUST DON'T GET
Moderator: Scott Marrs
Beirne Maynard & Parsons (Houston, TX)
A nuts and bolts discussion with Arbitrators and advocates - geared to give counsel and client alike new perspectives about what does and does not work in arbitration – and why. Should you treat discovery the same as you do in a matter filed in court? Should you notice up those depositions? Your client wants to know if a Motion for Summary Judgment will get traction – will it? The other side seeks attorney’s fees - should you amend your claim to seek attorney’s fees also? Should you call that expert witness (or oppose theirs)? Should you ask for (or oppose) that continuance? This panel will share their informed opinions of what is effective in arbitration, and why some trial lawyers just don’t get the fact that what works in the trial context may not work in arbitration.

With Discussion By:
Dennis Capriglione - Edward Jones (St. Louis, MO)
Lee Davis - Sutherland Asbill & Brennan (Atlanta, GA)
John Worden - Schiff Hardin (San Francisco, CA
 
Day 2 (Saturday, October 25) - Welcome Back

8:05a - 8:10a
SEMINAR Co-CHAIRS
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Greg Marshall -- Snell & Wilmer (Phoenix, AZ)
Lew Wiener -- Sutherland Asbill & Brennan (Washington, DC)
Nicole Bearce -- Lowenstein Sandler (Roseland, NJ)
 
Session III
8:10a - 8:30a
VOLUNTARY DISCLOSURE TO THE GOVERNMENT: AVOIDING UNINTENDED CONSEQUENCES
Brett Johnson
Snell & Wilmer (Phoenix, AZ)
Voluntary disclosures to the government are common to a wide variety of matters, including healthcare, FCPA, export controls and other compliance areas. Trial lawyer Brett Johnson gives you a roadmap to investigation and disclosure to avoid compliance violations, as well as best practices to maximize benefits and mitigate risks of disclosure.
8:30a - 8:50a
PERSUASION IN THE COURTROOM: WHAT TO EXPECT FROM YOUR TRIAL LAWYER
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)
When cases go to trial, in-house counsel must get the very best from their trial lawyers. Hugh Gottschalk shares 35 years’ worth of courtroom experience as he demonstrates fundamental principles of courtroom persuasion. Critical elements of persuasion technique transcend case types, and are common to all trials. Learn what they are and how to make sure your trial lawyer is using them.
8:50a - 9:10a
TAKING THE AIR OUT OF THE WHISTLE IN WHISTLEBLOWER LITIGATION
Kevin Baumgardner
Corr Cronin (Seattle, WA)
It's almost mandatory now that every piece of legislation provide whistleblower protection. And those provisions stack the deck against the employer and manufacturer. Starting with the U.S. Constitution and proceeding to Civil Rights, Consumer Product Safety, Sarbanes-Oxley, SEC auditing, Credit Unions, Clean Air, CERCLA, Safe Drinking Water, Nuclear Energy, Airline Safety, Public Transportation, Workplaces, Contractors, Labor Rights, if you're doing business in any field, there's a law to protect whistleblowers. Kevin Baumgardner has devoted the last decade of his practice to this area and will demonstrate how you can minimize your exposure and handle the bad publicity.

9:10a - 9:50a
PANEL: EMERGENCY PREPAREDNESS FOR IN-HOUSE COUNSEL
Moderator: Steve Williger
Thompson Hine (Cleveland, OH)
Preparation for your company’s inevitable coming crisis will speak volumes about you and your company. Do you have a grip on the realities and risks of your company's economic, legal and business environment? Or are you unprepared with no plan whatsoever to deal with a crisis? Hear how some companies have prepared to respond to a crisis and what you should be doing to protect your company. Arm-chair Monday-morning quarterbacking will begin almost immediately after a crisis occurs, and you owe it to your company and its constituent groups to be as prepared as possible. Our panel will offer suggestions to help you to better weather the next approaching storm.

With Discussion By:
Liz Large - Knowledge Learning (Portland, OR)
John Moran - GrafTech International (Parma, OH)
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)
 
Refreshment and Coffee Break
 
Session IV
10:20a - 10:40a
TAKING IT TO THE FEDS - GOING ON THE OFFENSE IN GOVERNMENT INVESTIGATIONS AND PROSECUTIONS
Chris Oprison
Akerman (Miami, FL)
Trial Lawyer Chris Oprison, former Associate Counsel to President George W. Bush handling government investigations, and former USMC Prosecutor, offers guidance for situations when the government goes off the rails. When a finger is pointed back at them, government agencies are often found wanting in document preservation and other areas, as we have seen with the IRS’ alleged preferential attention to conservative political organizations. Chris offers tips for clients faced with investigation or prosecution, and shares examples of government failure to preserve documents resulting in sanctions and dispositive rulings, ultimately changing a client’s situation substantially.
10:40a - 11:00a
WHY THE TELEPHONE CONSUMER PROTECTION ACT IS RELEVANT TO EVERY COMPANY
If you call or text your customer’s cell phone will you become a target?
Chris Burnside
Frost Brown Todd (Louisville, KY)
Enacted 20 years ago to protect consumers from unwanted robo-calls, the TCPA’s statutory damages and strict liability has made it the darling of the Class Action Plaintiff’s Bar. Chris Burnside will discuss what every company needs to know about seemingly innocent communications with customers in this risky litigation environment. It might not be as simple as you think: An existing business relationship with your customer might not insolate your company from statutory liability.
 
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 A:
LITIGATION MANAGEMENT AND STRATEGY
Moderator: Bob Kerrigan
Deutsch Kerrigan & Stiles (New Orleans, LA)
Room: Ballroom A1

Discussion Group Leaders:
Bobby Bowers - Moore & Van Allen (Charlotte, NC)
Greg Harris - Caterpillar (Peoria, IL)
Jamie Hood - Hood Law Firm (Charleston, SC)
Josh Keller - Deutsch Kerrigan & Stiles (New Orleans, LA)
Jeff Neumeyer - Office Depot (Boise, ID)
John Sandberg - Sandberg Phoenix & von Gontard (St. Louis, MO)
Rob Squire - Akerman (Miami, FL)
SESSION B:
THE CHALLENGES, PERSPECTIVES, AND INSIGHTS OF FEMALE In-HOUSE AND OUTSIDE COUNSEL
Moderator: Janet Nalbandyan
Dykema (Los Angeles, CA34 )
Room: Ballroom A2

Discussion Group Leaders:
Nicole Bearce - Lowenstein Sandler (Roseland, NJ)
Stacie Hartman - Schiff Hardin (Chicago, IL)
Jill Lawrie - Blake Cassels & Graydon (Canada)
Amy Sorenson - Snell & Wilmer (Salt Lake City, UT)
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)
SESSION C:
LITIGATION MANAGEMENT
Moderator: Alan Gries
Gibbons (Philadelphia, PA)
Room: Ballroom A3

Discussion Group Leaders:
David King - Bass Berry & Sims (Nashville, TN)
Tony Lathrop - Moore & Van Allen (Charlotte, NC)
Cheryl Mason - HCA (Nashville, TN)
Mike Moore - Corr Cronin (Seattle, WA)
David Schultz - Maslon (Minneapolis, MN)
SESSION D:
LITIGATION MANAGEMENT
Moderator: Teresa Bartosiak
Sandberg Phoenix & von Gontard (St. Louis, MO)
Room: Ballroom C1

Discussion Group Leaders
:
Steve Fogg - Corr Cronin (Seattle, WA)
Lee Hollis - Lightfoot Franklin & White (Birmingham. AL)
Bobby Hood, Jr. - Hood Law Firm (Charleston, SC)
Joel Hoxie - Snell & Wilmer (Phoenix, AZ)
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
Lyndon Sommer - Sandberg Phoenix & von Gontard (St. Louis, MO)
John Worden - Schiff Hardin (San Francisco, CA)
SESSION E:
WHEN CIVIL LITIGATION INTERSECTS WITH AN INVESTIGATION: BEST PRACTICES FOR MANAGING RISKS
Moderator: Tom Myrick
Moore & Van Allen (Charlotte, NC)
Room: Ballroom C2

Discussion Group Leaders
:
Le Dolan - Nixon Peabody (Washington, DC)
David Harris - Lowenstein Sandler (Roiseland, NJ)
Doug Klint - TASER (Phoenix, AZ)
Ashley Watson - HP (Palo Alto, CA)
Tony White - Thompson Hine (Columbus, OH)
 

--- ONLINE REGISTRATION ---
October 23-26, 2014


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Seminar Agenda
THU OCT 23 7:00p Opening Reception and Dinner on the Reflection Lawn
THU OCT 23 10:00p Hospitality Suite - Burgundy/Champagne Room
FRI OCT 24 7:00a Registration / Continental Breakfast - West Foyer
FRI OCT 24 8:00a CLE SuperCourse Day 1 Begins
FRI OCT 24 10:00a Spouse/Significant Other Cooking Demo - Aria Pavilion
FRI OCT 24 12:00p CLE SuperCourse Day 1 Concludes
FRI OCT 24 12:30p Recreation: Golf, Spa, Kayaking, Hiking
FRI OCT 24 7:00p Reception and Dinner at Addison
FRI OCT 24 10:00p Hospitality Suite - Burgundy/Champagne Room
SAT OCT 25 7:00a Continental Breakfast - West Foyer
SAT OCT 25 8:00a CLE SuperCourse Day 2 Begins
SAT OCT 25 12:00p CLE SuperCourse Day 2 Concludes
SAT OCT 25 12:30p Recreation: Golf, Spa, College Football, Boat Cruise
SAT OCT 25 7:00p Reception and Dinner on the Reflection Lawn
SAT OCT 25 10:00p Hospitality Suite - Burgundy/Champagne Room

Recreation

Golf
With stunning Los Peñasquitos Canyon as his canvas, Tom Fazio created a masterpiece of dramatic elevations, diverse bunkering and lush fairways. Graced by Pacific breezes from the nearby coast, and awash with Southern California glow, The Grand Golf Club is San Diego’s premier golf resort. This challenging and unforgettable experience is reserved exclusively for resort guests.


Kayak the 7 Caves of La Jolla
Experience amazing ocean and wildlife views on a two-hour kayak tour of the La Jolla Sea Caves and the fascinating marine paradise of the La Jolla Ecological Reserve. Guided by a passionate and well-trained kayak enthusiast, even first-time kayakers are welcome for a chance to see seals, sea lions and sometimes dolphins in the gentle waves of the Pacific.


Coastal Splendor Beach Hike
Embark on a two-mile naturalist-led trek along one of Southern California’s most pristine beaches. The walk begins due west of The Grand Del Mar where Los Peñasquitos Marsh and Lagoon meets the Pacifi c. Explore the rich life within the surf zone and gain a unique perspective of its mysterious ecosystem. Before your coastal discovery concludes, take off your shoes, comb the beach, run with the waves or just sit in splendor.

San Diego Boat Cruise
Salty bay breezes, sparkling waves and matchless natural beauty make San Diego perfect for cruising. Step aboard our presidential yacht, the High Spirits, where you will enjoy gracious hospitality and impressive views of the Coronado Bridge, Cabrillo National Monument and playful California sea lions.




College Football Frenzy
Are you ready for some football? Some say what happens on a college football field beats NFL play in excitement and intensity. Heisman versus Lombardi? What’s your take? Well, whatever your position on the matter, the season of college tail, toss and tackle is now here in force, and so it is only customary that the Network hosts its Annual Fall College Football Event at teh Grand Del Mar. Come watch the games with us!


The Grand Day Spa
Retreat from the world and slip into a relaxed state at The Spa at The Grand Del Mar, San Diego's premier resort spa. As you surrender into utter bliss, you'll understand just why it is one of only 30 Five-Star spas in the country.Embracing the creative and rejuvenating spirit of the Renaissance, The Spa delivers a sublime experience of relaxed, renewed and restorative wellness. Indulge. You’ll emerge completely revitalized.

 

Serenely nestled amidst Los Peñasquitos Canyon Preserve,
this premier San Diego resort destination seamlessly combines
the old-world charm of a Mediterranean estate
with the modern luxury of an elegant resort.

The result: a destination unparalleled by San Diego hotels
and lauded by Condé Nast Traveler as one of the "World's Best Places To Stay".
Little wonder, given the sun-drenched climate, stunning natural beauty,
championship golf course and irresistible dining.