Litigation Management: Getting Great Results
a concentrated curriculum for in-house counsel managing litigation
presented by
the NETWORK of TRIAL LAW FIRMS
- the TRIAL NETWORK -

The Arizona Biltmore - Phoenix, AZ
April 14-17, 2016


CLE Program Agenda

Friday, April 15

8:00a - 8:05a
Opening Statement by the Network Chair
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
 

8:05a - 8:10a
Welcome From The Seminar Chairs
Jerry Glas -- Deutsch Kerrigan (New Orleans, LA)
Scott Marrs -- Beirne Maynard & Parsons (Houston, TX)
Amy Sorenson -- Snell & Wilmer (Salt Lake City, UT)
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)

 

8:10a - 8:30a
PREPARING YOUR EXPERT TO WIN A JURY TRIAL
Jerry Glas -- Deutsch Kerrigan (New Orleans, LA)
Direct examination of an expert is supposed to be "like dancing," but it is as dangerous as wrestling with Antaeus of Greek mythology. One wrong answer or move can bring you to your knees. Trial lawyer Jerry Glas discusses proven techniques that all in-house counsel should know before their next "dance" with an expert.

8:30a - 8:50a
ADVOCACY IS A UNIVERSALLY APPLICABLE SKILL
Liz Huntley -- Lightfoot Franklin & White (Birmingham, AL)
Whether your lawyer is advocating for early childhood education or a commercial client's cause, the same skills of organization, synthesis, client communication, theme development, story-telling and persuasion come into play. Trial lawyer Liz Huntley tells her compelling story of personal challenge and success.

8:50a - 9:10a
THE RISK DOMINANCE OF I.P. LITIGATION
Steve Fogg -- Corr Cronin (Seattle, WA)
In-house counsel recognize the large risks posed by IP cases require the narrative and thematic approaches of traditional defense trial lawyers coupled with sufficient technical support to assure presentation accuracy. Traditional trial lawyers see cases through the eyes of the jury. With IP cases and verdicts exploding, a winning combination requires contributions from both sides of the brain. Trial lawyer Steven Fogg explains how to look through the science to find and then tell a winning story, using traditional trial techniques, including demonstrative evidence, themes, and compelling animations.

9:10a - 9:50a
PANEL: EXECUTIVES IN THE HOT SEAT - PREPARING CORPORATE REPRESENTATIVES FOR DEPOSITION
Moderator: Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
The 30(b)(6) deposition of a company witness (sometimes of the company’s CEO) focuses C-suite attention on in-house litigation managers. Apex depositions can have far-reaching impact, especially if they go poorly. Our panel of in-house and outside counsel will discuss their experience and advice for helping company representatives to make great impressions in the face of bad documents, serious injuries, and dangerous conditions.

With Discussion By:
Liz Large - KinderCare Education (Portland, OR)
Scott Marrs - Beirne Maynard & Parsons (Houston, TX)
Nikki Nesbitt - Goodell DeVries Leech & Dann (Baltimore, MD)
Shayon Smith - Hershey Company (Hershey, PA)

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

10:20a - 10:40a
FRAUD SCHEMES: WHEN, NOT IF
David Spector -- Akerman (West Palm Beach, FL)
Systemic and organized fraud costs billions annually. Increased vulnerability and exposure to fraud requires a focus on strategic prevention, proactive detection and investigation, affirmative litigation, and exhaustive recovery efforts. Trial lawyer David Spector will address in-house counsel's responsibilities for fraud detection, investigation, prosecution and prevention.

10:40a - 11:00a
TAKING ADVANTAGE OF LESSER-KNOWN RULES OF CIVIL PROCEDURE AND EVIDENCE
David Schultz -- Maslon (Minneapolis, MN)
Congresswoman Barbara Jordan said, "If you're going to play the game properly you'd better know every rule.” Some of the lesser-known rules of civil procedure and evidence can give your client a decided advantage. Trial lawyer David Schultz will explore some of the gems hidden in our federal rules allowing judges to take judicial notice; excluding relevant evidence for prejudice; allowing lay witnesses to give opinion testimony; providing exceptions to the rule against hearsay; attacking the credibility of a witness giving hearsay evidence; allowing summary evidence; and using the deposition of an adverse party’s witness.

11:00a - 11:20a
USING CONSULTANTS ON LEGAL ISSUES
Brett Johnson -- Snell & Wilmer (Phoenix, AZ)
Seeking to save money, tap special expertise, or deal with compliance requirements, companies sometimes turn to consulting firms for advice. But there can be legal implications when consultants provide unsolicited opinions about the law. Trial lawyer Brett Johnson will discuss best practices when using consultants, and provide some real world examples of significant harm to companies.

11:20a - 11:40a
TAKING THE BAD FAITH DETOUR
Lyndon Sommer -- Sandberg Phoenix & von Gontard (St. Louis, MO)
Plaintiff’s attorneys are increasingly advancing bad faith claims in high damage cases and offering “rollover” agreements to insureds. These tactics complicate the defense of the underlying case. Counsel’s evaluation of liability and damages are put under a microscope. Trial attorney Lyndon Sommer explains key steps to navigate the bad faith minefield.


Saturday, April 16

8:05a - 8:10a
Welcome From The Seminar Chairs
Jerry Glas -- Deutsch Kerrigan (New Orleans, LA)
Scott Marrs -- Beirne Maynard & Parsons (Houston, TX)
Amy Sorenson -- Snell & Wilmer (Salt Lake City, UT)
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)

 

8:10a - 8:30a
LITIGATION IN CANADA - CLASS ACTIONS AND OTHER THINGS U.S. IN-HOUSE COUNSEL SHOULD KNOW
Jill Lawrie -- Blake Cassels & Graydon (Canada)
Litigation in Canada often blows into the U.S. like an Alberta Clipper. In-house counsel for multi-national companies should be aware of what’s going on north of the border where there is a relatively low threshold for class certification. Trial lawyer Jill Lawrie will discuss that, the types of matters that get certified, trends in claims and novel causes of action being pursued, differences in discovery procedure (documents, interrogatories, depositions) and other interesting aspects of litigating in Canada.

8:30a - 8:50a
AVOIDING FORUM SHOPPING – DAIMLER CHRYSLER V. BAUMAN AND PROGENY
Joshua Metcalf -- Forman Watkins & Krutz (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.

8:50a - 9:10a
TURNING THE TABLES ON PLAINTIFF TRICKS
Tom Cullen -- Goodell DeVries Leech & Dann (Baltimore, MD)
Plaintiffs improperly stage discovery, conduct discovery about discovery, pursue sanctions as a tactic, take painful company depositions - all in an effort to sully the credibility of defendants and their counsel before we ever get to trial. Trial lawyer Tom Cullen presents practice tips to address plaintiffs' reptile theory tactics and drive positive decision making from judges and jurors.

9:10a - 9:50a
PANEL: THE AGE OF WHISTLEBLOWER AND GOVERNMENT INVESTIGATIONS
Moderator: Le Dolan -- Nixon Peabody (Washington, DC)
Practice steps to protect your company. Whistleblowing against companies under federal and state laws is on the rise and requires careful attention and active management. Allegations of wrongdoing not properly documented, investigated and managed can result in substantial financial and reputational harm. This panel of seasoned in-house counsel and experienced government investigation/white collar defense lawyers will discuss the best practices for managing through these complex and costly situations.

With Discussion By:
Luke Pingel - PAE Government Services (Arlington, VA)
Scott O'Connell - Nixon Peabody (Boston, MA)

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

10:20a - 10:40a
DELAWARE BUSINESS LITIGATION: THE NATIONAL PRACTICE IN A LOCAL COURT
Chris Viceconte -- Gibbons (Wilmington, DE)
More than 60% of the nation’s Fortune 500 companies are incorporated in Delaware. Every in-house litigation manager should have at least a passing familiarity with litigation in Delaware’s Court of Chancery and the Complex Commercial Litigation Division of the Superior Court, including special procedures for technology disputes, arbitration and mediation. Trial lawyer Chris Viceconte will explain how the courts are organized, what relief they can render and how to get great results for your clients in Delaware.

10:40a - 11:00a
RECENT FRCP CHANGES AFFORD OPPORTUNITIES FOR COST SAVING
Tony Rospert -- Thompson Hine (Cleveland, OH)
New litigation cost-control opportunities are emerging with recent changes in the FRCP that consider proportionality (Rule 26(b)) and revise preservation obligations (Rule 37(e)) in discovery. Trial lawyer Tony Rospert reveals his methods of aggressively limiting discovery and minimizing costs by using the new amendments.

11:00a - 11:05a
Closing Statement (before Break-Outs) by the Network Chair
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
 

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

SESSION A: IN-HOUSE STRATEGIES FOR SIMPLIFYING LITIGATION
Moderator: Tom Myrick -- Moore & Van Allen (Charlotte, NC)

Room: Grand

Discussion Group Leaders:
Mark Dietz - DHL Express (Plantation, FL)
Alan Gries - Gibbons (Philadelphia, PA)
Dommond Lonnie - Dykema (Los Angeles, CA)
Tony White - Thompson Hine (Columbus, OH)

SESSION B: IN-HOUSE AND OUTSIDE COUNSEL RELATIONSHIPS - BEST PRACTICES
Moderator: Amy Sorenson -- Snell & Wilmer (Phoenix, AZ)

Room: Canyon

Discussion Group Leaders:
Frank Hadden - Gibbons (Philadelphia, PA)
Bob Kerrigan - Deutsch Kerrigan (New Orleans, LA)
Gord McKee - Blakes Cassels & Graydon (Canada)
Mary Anne Mellow - Sandberg Phoenix & von Gontard (St. Louis, MO)

SESSION C: IN-HOUSE COUNSEL FACING THE CHALLENGES OF CHALLENGING TIMES
Moderator: Roger McCleary -- Beirne Maynard & Parsons (Houston, TX)

Room: Sedona

Discussion Group Leaders:
Lee Hollis - Lightfoot Franklin & White (Birmingham, AL)
David Suchar - Maslon (Minneapolis, MN)
Cooper Wilson - Hood Law Firm (Charleston, SC)

SESSION D: MANAGING HIGH-STAKES LITIGATION
Moderator: Mark Clouatre -- Wheeler Trigg O'Donnell (Denver, CO)

Room: Casa Grande

Discussion Group Leaders:
David Esquivel - Bass Berry & Sims (Nashville, TN)
Joel Hoxie - Snell & Wilmer (Phoenix, AZ)
John Sandberg - Sandberg Phoenix & von Gontard (St. Louis, MO)

Online Registration



Agenda and Activities

Thursday, April 14 -- 7:00p
Opening Reception and Dinner -- Location: Gold Room

Thursday, April 14 -- 10:00p
Hospitality Suite - Valley Room

Friday, April 15 -- 7:00a
Registration / Continental Breakfast - Arizona Biltmore Ballroom Main Foyer

Friday, April 15 -- 8:00a
CLE SuperCourse Day 1 Begins - Flagstaff

Friday, April 15 -- 10:00a
Spouse/Significant Other Cooking Demo - Location: Casa Grande

Friday, April 15 -- 12:00p
CLE SuperCourse Day 1 Concludes

Friday, April 15 -- 12:30p
Afternoon Activities - Hiking, River Rafting, Golf at TPC Scottsdale, Spa

Friday, April 15 -- 7:00p
Dinner -- Frank Lloyd Wright Lawn

Friday, April 15 -- 10:00p
Hospitality Suite - Valley Room

Saturday, April 16 -- 7:00a
Registration / Continental Breakfast - Arizona Biltmore Ballroom Main Foyer

Saturday, April 16 -- 8:00a
CLE SuperCourse Day 2 Begins - Flagstaff

Saturday, April 16 -- 12:05p
CLE SuperCourse Day 2 Concludes

Saturday, April 16 -- 12:30p
Afternoon Activities - Jeep Safari, City Slickers Cattle Drive, Taliesin West Tour, Golf at Talking Stick, Spa

Saturday, April 16 -- 7:00p
Closing Night Dinner - Frank Lloyd Wright Lawn

Saturday, April 16 -- 10:00p
Hospitality Suite - Valley Room