Litigation Management in a New York Minute - 2015 Edition
- A Concentrated Curriculum For In-House Counsel Managing Litigation -
presented by
the NETWORK of TRIAL LAW FIRMS

The City Bar Building (42 W. 44th Street) - New York, NY
August 7, 2015

CLE Program Agenda

Friday, August 7

9:00a - 9:05a
Opening Statement by the Network Vice-Chair
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
 

9:05a - 9:10a
Welcome From The Seminar Chairs
Joshua Metcalf -- Forman Watkins Krutz & Tardy (Jackson, MS)
Lewis Wiener -- Sutherland Asbill & Brennan (Washington, DC)
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)

 

9:10a - 9:30a
LION-TRAINING DURING CLOSING ARGUMENT
Jerry Glas -- Deutsch Kerrigan & Stiles (New Orleans, LA)
Every jury can be divided into Lions and Lambs, and the Lions eat the Lambs. Too many closing arguments are wasted trying to persuade Lambs instead of teaching the Lions to be persuasive. Trial attorney Jerry Glas will discuss proven methods of Lion-training, including the controversial topics of raising and responding to prejudice and compromise.

9:30a - 9:50a
MITIGATING DAMAGES: A FRAMEWORK FOR LIMITING FUTURE MEDICAL CARE LOSSES BASED ON THE AFFORDABLE CARE ACT
Jon Barton -- Sandberg Phoenix & von Gontard (St. Louis, MO)
Plaintiffs are entitled to recover for future medical costs reasonably certain to occur. However, they also have a duty to mitigate their damages. The Affordable Care Act establishes limitations on future health care costs for all Americans dramatically reducing the out-of-pocket expenses associated with heath care costs. Litigants have begun to challenge evidence of future medical damages in light of the Affordable Care Act. Jon will present the framework for challenging such damages in personal injury litigation.

9:50a - 10:10a
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.

10:10a - 10:30a
"WE'VE BEEN HACKED!" - THE HACKERS, THE HACKED, AND WHO'S RESPONSIBLE
Anthony Todaro -- Corr Cronin (Seattle, WA)
A look at who the hackers are, what the hacked can do about it, and how the law treats the hackers, the hacked, and the victims of hacking. A look at the expansion of federal laws, including the Computer Fraud and Abuse Act, giving more tools to corporate victims of hacking and the parallel expansion of rules and laws holding those corporate victims responsible for data breaches.

10:30a - 10:50a
POST M&A 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 indemnification, breach, and fraud arising from stock and asset transactions and how trial lawyers can team with deal attorneys to improve a client’s position at the drafting stage.

10:50a - 11:20a
REFRESHMENT AND COFFEE BREAK

11:20a - 11:40a
DON'T PUT THE CART BEFORE THE HORSE: WHY ARE EARLY CASE ASSESSMENTS CRITICAL?
Tony Rospert -- Thompson Hine (Cleveland, OH)
Developing an early case assessment is the starting point for consistent, disciplined and comprehensive project management of litigation. An early case assessment sets out the project's goals and outlines enough of the facts, and law to evaluate the matter, to develop a litigation strategy, and to formulate a settlement plan if appropriate. Put simply: What are you and the client trying to accomplish? If early case assessments are done right, they can help clients achieve their goals and maximize efficiency and transparency.

11:40a - 12:00p
RETAKING THE HIGH GROUND: HOW A CULTURE OF SAFETY CAN DEBUNK ALLEGATIONS OF PROFITS OVER SAFETY
Jamie Hood -- Hood Law Firm (Charleston, SC)
Public opinion about the motivation of corporations and their officers are at an all time low making the trite theme of profits over safety resonate with today's jurors. As these corporations and the trial counsel confront these realities, a new approach is warranted. A culture of safety within a corporation provides an effective weapon to humanize the company, rebut the cynicism and take back the high ground in today's trials.

12:00p - 12:20p
BEST PRACTICES FOR THE SETTLEMENT OF CLASS ACTIONS WHEN YOU HAVE PARALLEL U.S. AND CANADA PROCEEDINGS
James Sullivan -- Blake Cassels & Graydon (Canada)
Increase the prospects of settlement approval using a recent example of a class action settlement that received a mixed reception in the U.S. and Canada. The following specific issues will be covered: The legal and factual reasons why the 7th Circuit rejected the settlement, the legal principles applied by Canadian courts on settlement approval motions, the reasons why the Ontario court approved a comparable settlement when the US court would not, and guidance to defendants and their counsel on steps that can be taken during settlement negotiations to increase the prospects of approval.

With Discussion By:
Scott O'Connell - Nixon Peabody (Boston, MA)

12:20p - 12:40p
PROTECTING EXPERT COMMUNICATIONS
Catherine Ahlin-Halverson -- Maslon (Minneapolis, MN)
Sometimes your best expert is your own employee. Protecting communications with your expert can be critical. But whether in-house or outside, consulting or testifying, written draft opinions, your expert’s notes of meetings with counsel, emails and correspondence explaining the theory of your case, can be used to undermine your positions if discovered by your adversary. Trial lawyer Catherine Ahlin will discuss the rules governing expert discovery and show how best to protect those communications and work product from disclosure.

12:40p - 1:00p
FIFTY SHADES OF ARBITRATION – GETTING YOUR MOJO BACK
Scott Marrs -- Beirne Maynard & Parsons (Houston, TX)
Hot and bothered about Arbitration? Want a change? Arbitrator and trial lawyer Scott Marrs discusses why arbitration has lost respect, and how you can rekindle your mojo to harness the power of arbitration to obtain a successful award.

1:00p - 2:00p
WORKING-LUNCH LITIGATION MANAGEMENT BREAK-OUT SESSIONS

SESSION A: COMPLIANCE
Moderator: Lew Wiener -- Sutherland Asbill & Brennan (Washington, DC)

Room: EVARTS

Discussion of the role of in-house counsel and the corporate compliance office, and the elements of compliance, including risk assessment, attorney-client privilege, the Foreign Corrupt Practices Act, global codes of conduct, crisis management, deferred prosecution and non-prosecution agreements, and corporate social responsibility.

Discussion Group Leaders:
Joel Hoxie - Snell & Wilmer (Phoenix, AZ)
Larry Polk - Sutherland Asbill & Brennan (Atlanta, GA)
Anthony Todaro - Corr Cronin (Seattle, WA)

SESSION B: WHITE-COLLAR CRIME
Moderator: Jack Sharman -- Lightfoot Franklin & White (Birmingham, AL)

Room: TWEED

Discussion Group Leaders:
Habib Nasrullah - Wheeler Trigg O'Donnell (Denver, CO)
James Sullivan - Blake Cassels & Graydon (Canada)

SESSION C: DIVERSITY INITIATIVES IN-HOUSE AND AT LAW FIRMS
Moderator: John Worden -- Schiff Hardin (San Francisco, CA)

Room: CLE ROOM

Discussion Group Leaders:
Susan Arnold - Sony ATV Music Publishing (New York, NY)
Shacara Delgado - Realogy (New York, NY)
Blossom Kan - MetLife (New York, NY)
Joe Ortego - Nixon Peabody (New York, NY)
Tony White - Thompson Hine (Columbus, OH)

SESSION D: INTELLECTUAL PROPERTY PROTECTION, STRATEGY AND DISPUTES
Moderator: Seth Levy -- Nixon Peabody (Los Angeles, CA)

Room: CARTER

Discussion Group Leaders:
Terry Newby - Maslon (Minnepolis, MN)
Linda Woolf - Goodell DeVries Leech & Dann (Baltimore, MD)

SESSION E: WHAT's KEEPING IN-HOUSE COUNSEL UP AT NIGHT
Moderator: Tony Lathrop -- Moore & Van Allen (Charlotte, NC)

Room: CROMWELL

Discussion Group Leaders:
Bobby Bowers - Moore & Van Allen (Charlotte, NC)
Mark Hauck - Dykema (Detroit, MI)
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
Jamie Hood - Hood Law Firm (Charleston, SC)
Jeff Williams - Schiff Hardin (San Francisco, CA)

SESSION F: WOMEN AND THE LEGAL PROFESSION
Moderator: Christine Welstead -- Akerman (Miami, FL)

Room: HUGHES

Discussion Group Leaders:
Sophi Jacobs - NY District Attorney's Office (New York, NY)
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, MO)
Madeline Sherry - Gibbons (Philadelphia, PA)
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)

SESSION G: LEGAL PROJECT MANAGEMENT
Moderator: David Sager -- Lowenstein Sandler (Roseland, NJ)

Room: DAVIS

Discussion Group Leaders:
Beau Cole - Forman Watkins Krutz & Tardy (Jackson, MS)
Bill Cronin - Corr Cronin (Seattle, WA)
Tony Rospert - Thompson Hine (Cleveland, OH)

SESSION H: ALTERNATIVE FEE ARRANGEMENTS: HOW TO MAKE THEM WORK IN REAL LIFE
Moderator: Hugh Gottschalk -- Wheeler Trigg O'Donnell (Denver, CO)

Room: STIMSON

Discussion Group Leaders:
Jon Barton - Sandberg Phoenix & von Gontard (St. Louis, MO)
Steve Finley - Gibbons (Philadelphia, PA)
Jeff Hines - Goodell DeViries Leech & Dann (Baltimore, MD)
Roger McCleary - Beirne Maynard & Parsons (Houston, TX)
Joshua Metcalf - Forman Watkins Krutz & Tardy (Jackson, MS)
James Miller - Akerman (Miami, FL)

2:00p - 2:20p
ELECTRONIC COMMUNICATIONS AND DISCOVERY IN THE 21ST CENTURY
Mark Hauck -- Dykema (Detroit, MI)
Profound changes have occurred over the past two decades in the manner in which we communicate. E-mail, social media, texting, and Twitter did not exist when many of us became lawyers. Today these forms of electronic communication have significantly displaced traditional correspondence, telephone calls and even face-to-face meetings as the primary means through which information is exchanged. This sea change requires lawyers to educate their clients about the risks that these new forms of communication pose while also forcing litigators to understand and exploit new technologies that allow us to mine this electronic data for our clients’ benefit.

2:20p - 2:40p
CYBER-LIABILITY – AN INSURABLE RISK THAT MUST BE PART OF YOUR RISK MANAGEMENT PLAN
Linda Woolf -- Goodell DeVries Leech & Dann (Baltimore, MD)
Every organization that uses technology faces cyber risk. Customer records, account numbers and passwords, credit card data, private health information, business financial information, trade secrets, authentication credentials and employee records are all at risk. Evaluating your cyber exposure and covering your assets with cyber liability insurance is a critical part of your risk management plan.

2:40p - 3:00p
ETHICS: CORPORATE COUNSEL IN THE LINE OF FIRE
Joel Hoxie -- Snell & Wilmer (Phoenix, AZ)
Data breaches, decisions to withhold product defect and case settlement information (GM), failure to disclose corporate wrong-doing (GM), questionable protection from whistle-blower statutes, firings for discovery abuse (Eaton), and personal liability for failing to live up to the regulators’ vision of them as gatekeepers, etc. In-house counsel increasingly are finding themselves in the cross-hairs. Trial lawyer Joel Hoxie will discuss trends in government prosecutions of corporate counsel, tensions between in-house counsel's role as counsel to a company and their duty to meet government expectations.

3:00p - 3:20p
ETHICS: RULE 3.2 – WHEN IS STRATEGIC DELIBERATENESS DILATORY LITIGATION?
Beau Cole -- Forman Watkins Krutz & Tardy (Jackson, MS)
The Model Rules require counsel to make reasonable efforts to expedite litigation. Balancing strategic deliberateness and speedy resolution, trial counsel and in-house counsel must determine the appropriate route. Trial lawyer Beau Cole examines the connection between the "reasonableness" requirement of ABA Model Rule 3.2, Rule 26 and what delays just won't be verified.

3:20p - 3:40p
ETHICS: ETHICAL ISSUES IN INTERNAL INVESTIGATIONS
Habib Nasrullah -- Wheeler Trigg O'Donnell (Denver, CO)
Multiple ethical issues emerge throughout internal investigations that must be considered by in-house and outside counsel. These include who is the client; whether in-house counsel or outside counsel should conduct the investigation; joint representations; disclosures in employee interviews; and whether to self report to the Government. The presentation is geared to ethical issues faced by in-house and outside counsel as they navigate through the investigation.

3:40p - 3:45p
Closing Statements by the Network Chair
Scott O'Connell -- Nixon Peabody (Boston, MA)
 

Online Registration



Agenda

Friday, August 7 -- 7:30a
Breakfast and Program Registration

Friday, August 7 -- 9:00a
CLE SuperCourse Begins

Friday, August 7 -- 10:50a
Coffee and Refreshment Break

Friday, August 7 -- 11:20a
General Session Resumes

Friday, August 7 -- 1:00p
Working-Lunch Litigation Management Break-Out Sessions

Friday, August 7 -- 2:00p
General Session Resumes

Friday, August 7 -- 3:45p
CLE SuperCourse Concludes