Litigation Management: In-House Counsel Facing the Future
a concentrated curriculum for in-house counsel managing litigation
presented by
the NETWORK of TRIAL LAW FIRMS
- the TRIAL NETWORK -

The Montage Resort - Laguna Beach, CA
October 22-25, 2015


CLE Program Agenda

Friday, October 23

8:00a - 8:05a
Opening Statement by the Network Chair
Scott O'Connell -- Nixon Peabody (Boston, MA)
 

8:05a - 8:10a
Welcome From The Seminar Chairs
Greg Marshall -- Snell & Wilmer (Phoenix, AZ)
Joshua Metcalf -- Forman Watkins Krutz & Tardy (Jackson, MS)
Lewis Wiener -- Sutherland Asbill & Brennan (Washington, DC)
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)

 

8:10a - 8:30a
INDIVIDUAL ACCOUNTABILITY FOR CORPORATE WRONGDOING
Lew Wiener -- Sutherland Asbill & Brennan (Washington, DC)
"For whom the bell tolls, it tolls for thee." The USDOJ recently announced that it intends to “fully leverage its resources to identify culpable individuals at all levels in corporate cases.” Trial lawyer Lewis Wiener, formerly with DOJ, will discuss events leading up to the DOJ’s pronouncement and the implications for individuals caught in the tangled web of alleged corporate wrongdoing.

8:30a - 8:50a
DISCOVERY OF SOCIAL MEDIA
Bill Hubbard -- Thompson Hine (Cleveland, OH)
Social networking profiles, smart phones, and wearable devices can provide a wealth of information about parties, witnesses, and even potential jurors, including data on an individual’s age, occupation, hometown, education, relationships, interests, activities, health, as well as political, economic and cultural views feelings. Trial lawyer Bill Hubbard will explain some of the best practices for deploying social media discovery and laying the groundwork for its admission at trial.

8:50a - 9:10a
AVOIDING FORUM SHOPPING – DAIMLER CHRYSLER V. BAUMAN AND PROGENY
Joshua Metcalf -- Forman Watkins Krutz & Tardy (Jackson, MS)
Defendants face forum-shopping plaintiffs stretching to establish sufficient contacts to justify their choice of venue. SCOTUS set forth protections against abuse in Daimler Chrysler v. Bauman. In-house counsel need to be alert to those minimum requirements for in personam jurisdiction. Trial lawyer Joshua Metcalf will discuss Daimler and its progeny, and he’ll take a close look at which connections to the forum state are sufficiently tenuous to cause courts to bounce the case.

9:10a - 9:50a
PANEL: BEYOND THE NUMBERS - INCLUSION AS THE TOUCHSTONE FOR SUCCESSFUL DIVERSITY INITIATIVES
Moderator: Stacie Hartman -- Schiff Hardin (Chicago, IL)
It is well-accepted that increasing diversity is not only the right thing to do, it also enhances a business' operations and profitability. But merely increasing the numbers of diverse colleagues is not enough to sustain a more diverse workplace long-term. We will discuss how inclusion of diverse colleagues at every level and in all aspects of a team is the necessary element of a successful diversity initiative.

With Discussion By:
Denise Cade - IDEX Corp. (Lake Forest, IL)
Patricia Holmes - Schiff Hardin (Chicago, IL)
Jill Lawrie - Blake Cassels & Graydon (Canada)
Connie Lew - St. Jude Medical (Diamond Bar, CA)
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, MO)

9:50a - 10:20a
REFRESHMENT AND COFFEE BREAK

10:20a - 10:40a
CYBERTHREATS: WHAT IN-HOUSE COUNSEL SHOULD BE DOING
Joe Ortego -- Nixon Peabody (New York, NY)
In-house counsel are best-suited to guide their companies through the cybersecurity minefield, from data security policy formation, employee training, compliance and risk auditing and assessment, through data breach and crisis management. Trial lawyer Joe Ortego discusses the move from reactive to increasingly proactive roles for in-house counsel and provides a 10-point agenda covering all bases.

10:40a - 11:00a
POST M&A FRAUD CLAIMS: WHEN IS A DONE DEAL NOT REALLY DONE?
David Sager -- Lowenstein Sandler (Roseland, NJ)
Trial lawyer David Sager discusses litigating post-closing claims for fraud arising out of stock and asset transactions and how trial lawyers can team with deal attorneys at the drafting stage to improve a client’s chances of avoiding misrepresentation and omission claims.

11:00a - 11:20a
TOP 5 LESSONS LEARNED AS PLAINTIFF IN COMMERCIAL LITIGATION
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Corporate defense counsel don’t routinely prosecute claims. But defending and prosecuting commercial claims are two sides of the same knife. Direct liability claims as well as claims for contribution and indemnity are also part of defense counsel’s responsibility. Plaintiff counsel are uniquely positioned to observe the mistakes, errors, omissions and faux pas made by others defending their clients. Trial lawyer Jessie Zeigler discusses the top 5 mistakes defense counsel make, seen first-hand while acting as corporate plaintiff counsel.

11:20a - 11:40a
TIME SEGMENT-BASED PRE-LITIGATION PREPAREDNESS TO MINIMIZE RISK, MAXIMIZE RESULTS
Kevin Zielke -- Dykema (Detroit, MI)
It’s going to rain, so you have an umbrella. You’re going to be sued, so where’s your litigation umbrella? Trial lawyer Kevin Zielke separates pre-litigation time into discrete segments and presents a checklist of critical preparedness strategies for each segment. Get your litigation umbrella ready before it’s needed.

11:40a - 12:00p
ONE GOOD COMPANY WITNESS IS WORTH 1,000 OUTSIDE EXPERTS
Tom Cullen -- Goodell DeVries Leech & Dann (Baltimore, MD)
Jurors form impressions of defendant companies and their defenses largely on the impressions made by company witnesses. But defense efforts usually focus instead on outside experts, taking whomever the company identifies as a witness more or less for granted. Trial lawyer Tom Cullen will demonstrate to in-house counsel how to dramatically improve their company story and trial results by identifying suitable in-house experts and developing and preserving their institutional expertise.

Saturday, October 24

8:05a - 8:10a
Welcome From The Seminar Chairs
Greg Marshall -- Snell & Wilmer (Phoenix, AZ)
Joshua Metcalf -- Forman Watkins Krutz & Tardy (Jackson, MS)
Lewis Wiener -- Sutherland Asbill & Brennan (Washington, DC)
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)

 

8:10a - 8:30a
WHAT's TRENDING IN CLASS ACTION LITIGATION
Tony Lathrop -- Moore & Van Allen (Charlotte, NC)
A recent global survey of corporate counsel revealed that the increasing number of class actions filed is considered to be the most important litigation trend currently facing companies. Over the last several years, companies and plaintiffs alike have been pushing to clarify the boundaries of class action litigation. This session will explore the development of class action law and the resulting impact on business clients, including recent U.S. Supreme Court decisions, key issues currently under consideration by the High Court, and evolving Congressional and Advisory Committee proposals to revise federal class action procedure.

8:30a - 8:50a
PREVENTING AND MANAGING POTENTIAL LIABILITY FROM THE ACTIONS OF SALES REPRESENTATIVES
Nicole Narotzky -- Maslon (Minneapolis, MN)
A sales force can expose your company to liability. Trial lawyer Nicole Narotzky will discuss recent claims against manufacturers arising from actions of their sales representatives. Proper sales force training can help to avoid mistakes that give rise to claims.

8:50a - 9:10a
WINNING THE BIG CASE
Sawnie McEntire -- Beirne Maynard & Parsons (Dallas, TX)
This presentation will address effective strategies for winning jury verdicts in cases with big damages, important issues or well-known lawyers on the other side. The presentation will identify practical suggestions from the school of hard knocks and other real world experiences.

9:10a - 9:50a
PANEL: TRIALS - RETAKING HIGH GROUND
Moderator: Mark Clouatre -- Wheeler Trigg O'Donnell (Denver, CO)
This panel, led by trial lawyer Mark Clouatre, will discuss the initial question of whether to arbitrate or take a matter to trial, and the factors and decision-points involved in this analysis. The panelists will then analyze whether to take a case through arbitration or trial or whether to settle, by discussing the factors involved in this process as well as engaging in a lively discussion relating to a hypothetical on the issue.

With Discussion By:
Scott Etish - Gibbons (Philadelphia, PA)
Bobby Hood, Jr. - Hood Law Firm (Charleston, SC)
Eric Lent - Ste. Michelle Wine Estates (Woodinville, WA)(
James Meyers - Kia Motors (Irvine, CA)

9:50a - 10:20a
REFRESHMENT AND COFFEE BREAK

10:20a - 10:40a
NEW FRONTIERS: THE CLAMPDOWN ON PATENT INFRINGEMENT LITIGATION AND ITS EFFECTS ON CORPORATE LITIGATION
Andy Halaby -- Snell & Wilmer (Phoenix, AZ)
Prompted by concerns over “patent troll” activity, each federal government branch has mounted a vigorous, sustained, and effective assault on patent litigation over the past three years. Andy Halaby will comment on the changes and resultant erosion of corporate wealth, as well as implications for securities and other litigation.

10:40a - 11:00a
3-D PRINTING: NEW OPPORTUNITIES AND NEW RISKS TO MANUFACTURERS
Brian Stansbury -- Akerman (Washington, DC)
3D printing of products and components is moving from the manufacturers to those who repair and maintain, and even to end-users. Beyond obvious IP and counterfeiting issues, the technology is opening up new risks to manufacturers, including product liability, and insurance coverage. Trial lawyer Brian Stansbury will discuss trends and risks arising with this technology of which in-house counsel should be aware in the face of inventory, shipping time and cost savings, and supply chain management advantages.

11:00a - 11:05a
Closing Statement (before Break-Outs) by the Network Chair
Scott O'Connell -- Nixon Peabody (Boston, MA)
 

11:05a - 12:05p
LITIGATION MANAGEMENT BREAK-OUT SESSIONS

SESSION A: NATIONAL COUNSEL? REGIONAL COUNSEL? LOCAL COUNSEL?
Moderator: Johnny Johnson -- Lightfoot Franklin & White (Birmingham, AL)

Room: Grand I

Discussion Group Leaders:
Jon Barton - Sandberg Phoenix & von Gontard (St. Louis, MO)
Bill Cotter - Vista Capital (Greenwich, CT)
Emily Harris - Corr Cronin (Seattle, WA)
Peter Keeley - Lafarge North America (Herndon, VA)
Jennifer Lange - GE Heathcare (Salt Lake City, UT)
Robert Squire - Akerman (Miami, FL)
Chris Yost - Zayo Group (Louisville, CO)

SESSION B: LITIGATION MANAGEMENT
Moderator: Michael Moore -- Corr Cronin (Seattle, WA)

Room: Gallery II

Discussion Group Leaders:
Roger McCleary - Beirne Maynard & Parsons (Houston, TX)
Tony Rospert - Thompson Hine (Cleveland, OH)
Mark Sadler - Travelers (St. Paul, MN)
Madeline Sherry - Gibbons (Philadelphia, PA)

SESSION C: PLAINTIFF TACTICS TO RAISE THE COURTHOUSE ROOF WITH DAMAGES
Moderator: Bob Kerrigan -- Deutsch Kerrigan & Stiles (New Orleans, LA)

Room: Gallery I

Discussion Group Leaders:
Kevin Fisher - Allied Word Assurance (Farmington, CT)
Ted LeClercq - Deutsch Kerrigan & Stiles (New Orleans, LA)
Tom Olsen - Starr Companies (Philadelphia, PA)
Lyndon Sommer - Sandberg Phoenix & von Gontard (St. Louis, MO)

SESSION D: PREPARING DEPOSITION WITNESSES
Moderator: Tom Myrick -- Moore & Van Allen (Charlotte, NC)

Room: The Boardroom

Discussion Group Leaders:
Doug Klint - TASER (Scottsdale, AZ)
Name Name - Company/Firm (City, ST)
Name Name - Company/Firm (City, ST)
Name Name - Company/Firm (City, ST)

Online Registration



Agenda and Activities

Thursday, October 22 -- 7:00p
Opening Reception and Dinner on the Ocean Lawn

Thursday, October 22 -- 10:00p
Hospitality Suite (Location TBD)

Friday, October 23 -- 7:00a
Registration / Continental Breakfast - Grand Ballroom Foyer

Friday, October 23 -- 8:00a
CLE SuperCourse Day 1 Begins

Friday, October 23 -- 10:00a
Spouse/Significant Other Cooking Demo - The Studio

Friday, October 23 -- 12:00p
CLE SuperCourse Day 1 Concludes

Friday, October 23 -- 12:30p
Afternoon Activities - Nature Walk, Bootcamp Yoga, Golf, Spa

Friday, October 23 -- 7:00p
Dinner in the Grand Ballroom

Friday, October 23 -- 10:00p
Hospitality Suite (Location TBD)

Saturday, October 24 -- 7:00a
Registration / Continental Breakfast - Grand Ballroom Foyer

Saturday, October 24 -- 8:00a
CLE SuperCourse Day 2 Begins

Saturday, October 24 -- 12:05p
CLE SuperCourse Day 2 Concludes

Saturday, October 24 -- 12:30p
Afternoon Activities - Sea Life Cruise, College Football, Golf, Spa

Saturday, October 24 -- 7:00p
Closing Night Dinner at the Ocean Lawn

Saturday, October 24 -- 10:00p
Hospitality Suite (Location TBD)