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LITIGATION MANAGEMENT SUPERCOURSE
Litigation Management
in a New York Minute
2014 Edition

Our Application to the NYS CLE Board is currently pending

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 8, 2014



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

Program Coursebook (PDF)
Download to any device

eCoursebook (ePub 3.0)
Download only on iPad



Friday, August 8 - Opening Statements
9:00a - 9:05a
NETWORK VICE-CHAIR
Scott O'Connell
Nixon Peabody (Boston, MA)

9:05a - 9:10a
SEMINAR Co-CHAIRS
Phillip Sykes - Forman Perry Watkins & Tardy (Jackson, MS)
Lew Wiener - Sutherland (Washingon, DC)
Nicole Bearce - Lowenstein Sandler (Roseland, NJ)
 
Session I
9:10a - 9:30a
TRADE SECRET AUDITS: PROTECTING AND VALUING YOUR COMPANY'S SECRET KNOW-HOW
David Harris
Lowenstein Sandler (Roseland, NJ)
In trade secret litigation the first issues addressed are the identity of plaintiff’s trade secrets and the adequacy of measures used to maintain secrecy. Then the battle turns to valuation. Trial lawyer David Harris will demonstrate effective methods to prove trade secrets and their value in litigation and business transactions.
9:30a - 9:50a
SPOILING SPOLIATION
Jessie Zeigler
Bass Berry & Sims (Nashville, TN)
There's no time like the present to begin collecting, preserving and testing evidence, even prior to litigation. Trial lawyer Jessie Zeigler will outline how to do that, what not to do, and even how to destructively test evidence without impairing your ability to use and produce that evidence at trial. And she will discuss the related use of consulting and testifying experts without impairing work product privilege.
9:50a - 10:10a
MISTAKES IN PREPARING AND PRESENTING CORPORATE DESIGNEES
John Sandberg
Sandberg Phoenix & von Gontard (St. Louis, MO)
Who tells the story and how it’s told is as important as the story itself. Trial lawyer John Sandberg distills his experience from hundreds of corporate designee depositions and gives us the best and worst he’s heard and seen, complete with videos.
10:10a - 10:30a
GETTING VALUE FROM YOUR MOCK TRIAL
Joe Krasovec
Schiff Hardin (Chicago, IL)
Mock trials done right can measure case strengths and weaknesses. But how are presentations best structured? Where do you find representative mock jurors? What evidence do they see? How do you use the information you get? Trial lawyer Joe Krasovec, with more than 30 mock trials under his belt, addresses these questions and more.
10:30a - 10:50a
COVER YOUR ASSETS – DRAFTING EFFECTIVE PROTECTIVE ORDERS
Emily Rome
Maslon Edelman Borman & Brand (Minneapolis, MN)
When threats loom, an effective protective order could be the difference between keeping and losing valuable company intellectual property, confidential financial information and trade secrets. Lawsuits are leaky sieves for such valuable information. Reliance on standard boilerplate protective umbrella orders that have always worked may be dangerous. Agreement among the parties and the likelihood of approval by the courts balancing the need to protect information with the public's right to access to the courts are critical. Sealing documents, "attorneys' eyes only" designations, inadvertent disclosures and clawback requests are part of the process. FRCP 26(c) and companion State rules set forth the basic framework. Trial lawyer Emil Rome will show you how to CYA.
 
Refreshment and Coffee Break
 
Session II
11:20a - 11:40a
BUDGETING FOR LITIGATION: A STATE-OF-THE-ART APPROACH
Brian Lamb
Thompson Hine (Cleveland, OH)
Thompson Hine's proprietary software application assists lawyers by creating and managing litigation budgets. Developed by the firm’s trial lawyers, including speaker Brian Lamb, together with the firm's information technology staff, this web-based application generates detailed budgets, reports and resource charts to be shared with the client during the life of the matter, providing transparency and predictability. Data collected over time helps the firm predict future litigation costs.
11:40a - 12:00p
STUFF HAPPENS – HOW WOULD YOU HANDLE HAVING THE RUG PULLED OUT FROM UNDER YOU?
Derek Whitefield
Dykema (Los Angeles, CA)
Making the best of a bad situation is often not good enough. Ideally you can convert a seeming catastrophe to a windfall for your side by conditioning yourself to immediately ask one transformative question: "What’s great about this situation?" Trial lawyer Derek Whitefield speaks from experience about real-life examples of situations that looked like debacles when they occurred, but were turned around to gain an advantage in the litigation.
12:00p - 12:20p
MANAGING THE FIRST 90 DAYS IN A BET-THE-COMPANY CASE
Larry Polk
Sutherland Asbill & Brennan (Atlanta, GA)
The fallout from a regulatory investigation, lawsuit, or adverse publicity could threaten the existence of a company if not properly managed. Actions taken during the first 90 days of this process are often are crucial to a successful ultimate resolution. Securities litigator Larry Polk will discuss the steps to take immediately after a crisis erupts, including communications with the press, document retention, shaping the message to employees, preserving the attorney-client privilege, dealing with regulators, and preparing for the onslaught of private litigation.
12:20p - 12:40p
TOP 10 SURPRISING THINGS YOU DIDN'T KNOW ABOUT LITIGATION IN CANADA
Jill Lawrie and James Sullivan
Blake Cassels & Graydon (Canada)
Barristers Jill Lawrie and Jim Sullivan will surprise you with a discussion of some unusual aspects of Canadian litigation that you probably would not have guessed would be so. Do you know how to obtain discovery from a Canada witness? Can it be used in U.S. Courts? Is there a Daubert standard in Canada? What about choice of venue? Are there unique customs? Juries? Contingent fees? Are attorneys' fees recoverable? What about parallel proceedings?
12:40p - 1:10p
PRIVACY AND DATA PROTECTION – COMMON SENSE SOLUTIONS TO NEW THREATS
Joe Ortego
Nixon Peabody (New York, NY)
In-house counsel's role in protecting personally identifiable information; compliance with laws and policies; balancing the benefit to consumers of maintaining big data with the risk of loss and misuse; fair information practice principles; consumer privacy bill of rights, and more.

With Discussion by:
Sophi Jacobs
Cybercrime and Identity Theft Bureau
New York District Attorney's Office
 
Session III - Working-Lunch Break-Outs
1:10p - 2:00p
SESSION A:
LESSONS FROM THE GM IGNITION SWITCH RECALL
Moderator: Kevin Schiferl
Frost Brown Todd (Indianapolis, IN)
Room: CLE Room

Discussion Leaders:
Nikki Nesbitt - Goodell DeVries Leech & Dann (Baltimore, MD)
Michaela O'Brien - BASF (Florham Park, NJ)
Jack Sharman - Lightfoot Franklin & White (Birmingham, AL)
1:10p - 2:00p
SESSION B:
LITIGATION MANAGEMENT
Moderator: Roger McCleary
Beirne Maynard & Parsons (Houston, TX)
Room: Evarts

Discussion Leaders:
Mike Fried - LVL Claims Service (New York, NY)
Abigail Yates - Wood Group Management Services (Houston, TX)

1:10p - 2:00p
SESSION C:
LITIGATION MANAGEMENT FOR INSURERS: EMERGING TRENDS
Moderator: Walter Boone
Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Room: Tweed

Future trends in litigation management by insurance companies. Critical issues for in-house insurance counsel and outside counsel representing insureds. Plus “Top Ten Do’s and Don’ts for Effective Litigation Management for Insurers.”

Discussion Leaders:
Ray Cashman - Freedom Specialty Insurance (New York, NY)
William Jacobi - AIG (New York, NY)
Dawn Krigstin - Ironshore (New York, NY)
Tony Portuese - Fomerly with GAB (Bridgewater, NJ)

1:10p - 2:00p
SESSION D:
Alternative Fee Arrangements
Moderator: James Miller
Akerman (Miami, FL)
Room: Carter

Discussion Leaders:
Nicole Bearce - Lowenstein Sandler (Roseland, NJ)
Chris Burnside - Frost Brown Todd (Indianapolis, IN)
Tony White - Thompson Hine (Columbus, OH)

1:10p - 2:00p
SESSION E:
LITIGATION MANAGEMENT: THINKING INSIDE AND OUTSIDE THE BOX
Moderator: Madeline Sherry
Gibbons (Philadelphia, PA)
Room: Cromwell

Discussion Leaders:
Sherrie Farrell - Dykema (Detroit, MI)
Steve Samuel - AmeriGas Propane (Valley Forge, PA)
Lewis Wiener - Sutherland Asbill & Brennan (Washington, DC)
Jeff Williams - Schiff Hardin (San Francisco, CA)

1:10p - 2:00p
SESSION F:
LITIGATION MANAGEMENT
Moderator: David Spector
Akerman (West Palm Beach, FL)
Room: Hughes

Discussion Leaders:
Susan Artinian - Dykema (Detroit, MI)
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
Peter Rothwell - Dassault Falcon Jet (Little Ferry, NJ)
Phillip Sykes - Forman Perry Watkins Krutz & Tardy (Jackson, MS)

1:10p - 2:00p
SESSION G:
LITIGATION MANAGEMENT
Moderator: Joel Hoxie
Snell & Wilmer (Phoenix, AZ)
Room: Davis

Discussion Leaders:
Steve Embry - Frost Brown Todd (Louisville, KY)
Steve Fogg - Corr Cronin (Seattle, WA)
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, MO)

1:10p - 2:00p
SESSION H:
TO LITIGATE OR ARBITRATE - THAT IS THE QUESTION
Moderator: Scott O'Connell
Nixon Peabody (Boston, MA)
Room: Stimson

Discussion Leaders:
Caryn Angelson - TMNA Services (New York, NY)
Peter Kennedy - Gibbons (Philadelphia, PA)
Pamela Labaj - Panasonic (Newark, NJ)
Susan Rosmarin - AIG (New York, NY)
Linda Woolf - Goodell DeVries Leech & Dann (Baltimore, MD)
 
Session IV - Includes 1 CLE Hour of Ethics
2:00p -2:20p
RECENT AND PROPOSED AMENDMENTS TO THE FRCP
Tony Lathrop
Moore & Van Allen (Charlotte, NC)
What's changed? The rules governing discovery, and spoliation sanctions, and Rule 45 which streamlined the use of subpoenas. What's changing? Discovery and spoliation sanctions relating to digital information.
2:20p - 2:40p
TAKING THE AIR OUT OF THE WHISTLE IN WHISTLEBLOWER LITIGATION
Kevin Baumgardner
Corr Cronin Michelson Baumgardner & Preece (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.
2:40p -3:00p
ETHICS: NAVIGATING THE TRIPARTITE RELATIONSHIP - INSURED, INSURER AND OUTSIDE COUNSEL - WITHOUT RUNNING AGROUND
Lee Hollis
Lightfoot Franklin & White (Birmingham, AL)
Who's the client?; may work product be shared?; is there a privilege and how far does it extend?; impact of reservation of rights; when damages exceed coverage; when defense costs consume limits; defending multiple parties; when defense counsel's work creates a coverage issue; when punitive damages are claimed; when the insurer constrains discovery to limit defense expense. Trial lawyer Lee Hollis dives in to clarify those thorny issues.
3:00p -3:20p
ETHICS: SOCIAL MEDIA IN LITIGATION – AN ETHICAL MINEFIELD
Duris Holmes
Deutsch Kerrigan & Stiles (New Orleans, LA)
Don't make any of these mistakes. Trial lawyer Duris Holmes will discuss the ethical considerations of friending and other virtual contacts with judges, jurors, witnesses, adversary clients and counsel, peppered with examples of mistakes made and to be avoided.
3:20p - 3:40p
ETHICS: SPEAK UP OR STAY QUIET
Ethics in the Aftermath of the GM Ignition Switch Debacle
Nikki Nesbitt
Goodell DeVries Leech & Dann (Baltimore, MD)
Lawyer’s responsibilities under States’ professional codes of conduct are beginning to conflict head-on with the modern concept of corporate ethics and compliance. When can/must an in-house lawyer report information concerning conduct, product defects, or other issues that affect the company? Ethical and legal constraints requiring counsel to keep workplace and product defect investigations, as well as settlements confidential but report information to management can be tricky. The General Motors ignition switch investigation shows that violation of those rules can have big consequences. Nikki Nesbitt will discuss applicable rules and guidance from the Model Rules on in-house counsel’s obligations to speak up or stay quiet.
 
Closing Statements
3:40p - 3:45p
NETWORK VICE-CHAIR
Scott O'Connell
Nixon Peabody (Boston, MA)
 

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Seminar Agenda
FRI AUG 8 7:30a Continental Breakfast and Program Registration
FRI AUG 8 9:00a Opening Statements
FRI AUG 8 9:10a CLE Session I
FRI AUG 8 10:50a Coffee and Refreshment Break
FRI AUG 8 11:20p CLE Session II
FRI AUG 8 1:10p CLE Session III - Working-Lunch Break-Out Sessions
FRI AUG 8 2:00p CLE Session IV - with Ethics
FRI AUG 8 3:40p Closing Statements