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Uncorking Litigation Management Expertise: Module 1
CLE ACCREDITED STATES CA, FL, GA, NY
Cost Vs. Value: Beyond Budgets, Toward Trust
Jack Sharman - Lightfoot, Franklin & White, LLCUnchecked and non-policy-based billing practices can impair or destroy attorney-client relationships. Pressure to produce revenue can bump up against professional conduct and excellence in client service. There may be better surrogates for value than hours billed. Increasing pressure to control costs is forcing law departments and their outside counsel to reassess business models. Jack Sharman offers concrete suggestions for in-house lawyers to maximize value while fostering relationships of trust with outside counsel producing exceptional results.
Has 'Cafa' Made A Good-Tasting Brew?
Mark P. Miller - Wildman HarroldThe Class Action Fairness Act ("CAFA") went into effect more than four years ago. Has it had the desired effect? We'll look at the resulting trends in class action litigation, plaintiffs' evolving pleading strategies, and the new tactics defendants are using to successfully "de-CAFA-nate" the class action industry, with a special focus on consumer class actions.
The Web As A Weapon
Jeffrey J. Hines - Goodell, DeVries, Leech & Dann, LLPFacebook, Blogs, Zillo, Zaba, Google, Cache, You Tube, MySpace -- Disgrace. Damaging information is posted on the web everyday. Trial Lawyer Jeff Hines will show us how to gather and use such information, as well as how to prevent it from being used against your client.
Uncorking Litigation Management Expertise: Module 2
CLE ACCREDITED STATES CA, FL, GA, NY
Panel Discussion: Mass Tort Cases Can Be Won:
Thomas W. Tardy, III - Forman Perry Watkins Krutz & Tardy LLPThe untold story of how perseverance, determination, creativity and hard work can reign in out-of-control judicial anomalies.
With Discussion By:
[:B:]Tom Hill[:/B:] - Vice President of Environmental Claims / General Electric
[:B:]John Fitzpatrick[:/B:] - Wheeler Trigg Kennedy (Denver, CO)
[:B:]Paul Slater[:/B:] - General Electric
Information Is Power
Phillip Sykes - Forman Perry Watkins Krutz & Tardy LLPTrial lawyer Phillip Sykes harnesses 21st-century technology to develop proprietary databases used by clients to dismiss lawsuits, leverage favorable settlements, and disqualify suspect jurors.
Uncorking Litigation Management Expertise: Module 3
CLE ACCREDITED STATES CA, FL, GA, NY
Defeating Private WhistleBlower Claims
Christine Welstead - Akerman SenterfittA patchwork of state laws protect public and private sector whistleblowers. Recent legislative and case law developments provide real world strategies for winning at trial by tailoring defenses to jury attitudes about whistleblowers.
Managing The Assault On Taser
David T. Neave - Blake Cassels & Graydon LLPThe death of Robert Dziekanski at the Vancouver Airport in October 2007 has attracted and continues to attract world wide attention. This incident resulted in an unprecedented attack on the safety of TASER devices despite extensive peer reviewed human medical research showing the devices are safe. Doug Klint, Vice President and General Counsel of TASER International, Inc. and David Neave of Blakes Vancouver will discuss the manner in which the company has dealt and is dealing with the assault on TASER.
With Discussion By:
[:B:]Doug Klint[:/B:] - General Counsel / Taser International
Keyword Trademark Traps
Anthony Lathrop - Moore & Van AllenThe use of sophisticated keyword search tools and metadata in Internet search requests is spawning litigation over infringing use of trademarked words and phrases. In-house and outside counsel are being called upon to represent clients on both sides of those cases, as well as to protect againt being blindsided. This presentation will provide useful strategies and tactics for winning, and avoiding costly Internet trademark litigation.
Uncorking Litigation Management Expertise: Module 4
CLE ACCREDITED STATES CA, FL, GA, NY
Panel Discussion: When An Insurance Company Goes Bust
Bruce FriedmanThe current economic crisis as well as other runs on insurance funds (e.g., mass tort claims) is putting substantial pressure on insurance companies, some of which may fail. A patchwork of insurance guarantee funds and State regulatory schemes control liquidations of insolvent insurers. However, they often fail to provide full protection to all policyholders and claimants. This panel will explore the rights of insured companies in the event of carrier insolvency.
With Discussion By:
[:B:]David Wilson[:/B:] - Chief Executive Officer / California Department of Insurance Conservation Liquidation Office
[:B:]Ben Jeffers[:/B:] - Dykema (Detroit, MI)
[:B:]Steve Johnson[:/B:] - Gibbons (Philadelphia, PA)
New And Treacherous CPSIA Rules
Bradley Petersen - Snell & Wilmer L.L.P.The Consumer Product Safety Improvement Act. Given little binding guidance by the CPSC, businesses will lose hundreds of millions of dollars as a result of the destruction of non-compliant inventory, as well as recalls, and laboratory and attorney fees. Even businesses that have been diligent have not been able to achieve full compliance as a result of onerous deadlines. Recent CPSIA developments will be discussed with a focus on serious current business implications; how to navigate the treacherous waters of the CPSIA and protect your company from civil and criminal liability.
Uncorking Litigation Management Expertise: Module 5
CLE ACCREDITED STATES CA, FL, GA, NY
Controlling Hindsight Bias In Jury Trials
Tom Allen - Weinberg, Wheeler, Hudgins, Gunn and DialTrial lawyer Tom Allen talks about the cognitive dysfunction known as hindsight bias and how it can be used in litigation to impeach witnesses, especially experts, and bar the admission of some types of evidence. In doing so, he will use as an example an approach he took in a serious criminal case, including photographs that the plaintiff attempted to use as evidence of notice.
Panel Discussion: E-Discovery Challenges Facing In-House Counsel
Roger L. McCleary - Beirne, Maynard & Parsons, LLPA recent survey indicates that one in ten in-house counsel believes his/her company is ready for electronic discovery requests, while most note that their companies are unprepared. This panel will look at the new rules and talk about their own experiences.
With Discussion By:
[:B:]Heather Bryden[:/B:] - Director and Assistant General Counsel, E-Discovery & Litigation / Capital One Financial
[:B:]Kathleen Foster[:/B:] - Senior Counsel / Nissan North America
[:B:]Jon Barton[:/B:] - Sandberg, Phoenix & vonGontard (St. Louis, MO)
[:B:]Joseph Ortego[:/B:] - Nixon Peabody (New York, NY)
[:B:]Krystal Bowen[:/B:] - Bingham McCutchen (San Francisco, CA)
Uncorking Litigation Management Expertise: Module 6
CLE ACCREDITED STATES CA, FL, GA, NY
U.S.S.C. Developments In Federal Preemption
Jim Hooper - Wheeler Trigg O'Donnell LLPPreemption is a constitutional doctrine that has been used to bar State-based liability in certain cases where the Federal government has acted. Under the Supremacy Clause, federal law trumps conflicting State statutes, regulations, and common-law claims. Altria, Riegel, and other recent decisions of the Roberts Court tell us a great deal about the vitality of the doctrine, where the fighting issues stand, and the kinds of cases that are good or poor candidates for assertion of a preemption defense.
Excluding Expert Testimony
David Herr - Maslon, Edelman, Borman & BrandThe importance of excluding your adversary’s expert testimony cannot be overstated. Veteran trial lawyer David Herr will discuss techniques for challenging expert testimony, both in the trial court and on appeal.
''We Are From The Government. We Are Here To Help''
Scott O'Connell - Nixon Peabody LLPThe new administration in Washington brings a wave of new priorities for the Justice Department and associated exposure areas for corporate America. Unprecedented spending for the financial services bailout (TARP) and the economic stimulus package will be closely scrutinized for fraud and abuse. A tsunami of regulation and control is inevitable. Preparation can help prevent your company from being swamped when the tsunami of regulation hits us. Trial lawyer Scott O'Connell -- Leader of Nixon Peabody's Financial Recovery Initiative -- will discuss getting your company and its executives ready for the Big Kahuna.