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Emerging Responsibilities of In-House Counsel: Module 1

CLE ACCREDITED STATES CA, FL, GA, NJ, NY

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Antitrust: A New Day is Dawning

David L. Harris - Lowenstein Sandler PC

Changes in enforcement priorities at the Antitrust Division of DOJ and at the FTC promised by President Obama are upon us. Evidence includes the DOJ's joint opposition with the FTC against reverse payment settlements by pharmaceutical companies, investigation of the class action settlement allowing Google to digitize millions of books, the Clayton Act (Sec. 8) investigation of Google and Apple, and the investigation of the credit default swap market. Other cutting edge issues include the change in philosophy concerning monopoly power.

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Protecting Your CEO

Steven Fogg - Corr Cronin Michelson Baumgardner & Preece LLP

Protecting the CEO from and at depositions. Avoiding disaster by preparing the CEO for personal confrontations, challenges to his/her authority, knowledge, awareness, performance. Neutralizing below-the-belt shots by examining attorneys and taking high ground in response. Teaching the CEO not to extrapolate/pontificate. The importance of rehearsing executives who think they can wing it.

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Copycat Liability

Roger L. McCleary - Beirne, Maynard & Parsons, LLP

Unintentional, even superficial use of copyrighted material can land your company in the grease. Ads, webpages, promotional materials, proposals and other company-generated publications are fertile ground for violations as well as declaratory, injunction, enforcement and damage actions. Everything from an Internet site to a song “hook” is fair game.

Emerging Responsibilities of In-House Counsel: Module 2

CLE ACCREDITED STATES CA, FL, GA, NJ, NY

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Changing Times For In-House/Outside Counsel Relationships And Roles

H. Roderic Heard - Wildman, Harrold, Allen & Dixon LLP

In-house and outside counsel discuss law departments’ and law firms’ responses to the economic downturn, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts.

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Nuts And Bolts Of International Arbitration

Luis M. O'Naghten - Akerman Senterfitt

As global trade increases, so do disputes and arbitrations, often in foreign countries under unfamiliar rules, written and jurisdiction-specific (e.g., gap-filling). In-house counsel need to be familiar with the rules of international arbitration and how advocacy technique differs from jury/judge trials.

Emerging Responsibilities of In-House Counsel: Module 3

CLE ACCREDITED STATES CA, FL, GA, NJ, NY

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Preparing Your Client To Testify

Overton Thompson III - Bass Berry & Sims

Important roles for in-house counsel partnering with trial counsel to prepare company witnesses to testify. Explaining the scope of examination, dealing with credibility issues, admissions, compromising documents. Locking your client into his/her story, protecting against impeachment, finding goblins in your witness’ past, and the makings of a good corporate representative. Explaining the format of the testimony, applicable privileges, the importance of objections, responding to questions, and explaining that the lawyer represents the company. Practice run-throughs, pre-dispute document management and retention, litigation holds, ethical considerations, and more.

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Predatory Raiding and High-End Executive Defections

Joel P. Hoxie - Snell & Wilmer LLP

Competition for top-level executive talent and their specialized knowledge and information has never been greater. Competitive zeal often crosses the line. Overzealous raiding of competitor's top-level talent poses great risk for companies trying to buy a competitive edge. Companies victimized by raids have options, even when their defecting executives are not bound by traditional non-compete agreements. The line between legitimate and unfair competition can get blurry. Hear some helpful guidance for corporate counsel on both sides of the issue.

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Defending Environmental Class Actions

Cooper S. Ashley - Maslon Edelman Borman & Brand, LLP

Environmental class actions pose unique problems for defendants and outside counsel. Regulatory, political, scientific and public relations issues can be the perfect storm of a failed defense, an unfortunate settlement or an adverse verdict and, invariably, more cases. Coming off a recent victory for their client in which they defeated class certification and obtained a complete defense verdict after a seven week jury trial, an in-house lawyer and his outside trial attorney share the keys to the successful defense of environmental class actions.

Emerging Responsibilities of In-House Counsel: Module 4

CLE ACCREDITED STATES CA, FL, GA, NJ, NY

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Effective Electronic Case Management

Andrew H. Cox - Thompson Hine

Cost effective case management tools to reduce massive amounts of data in complex litigations. Culling information for a database of key exhibits and deposition testimony. Flexibility to continually build on the litigation team's collective work product and avoid duplicative costs as matters progress toward resolution.

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Winning With Stories - Building Rapport In The Courtroom

Stephen W. Mooney - Weinberg, Wheeler, Hudgins, Gunn & Dial

Innovation and creativity are key to grabbing and keeping jurors’ interest. You have to tell a story. And you have to connect with the jurors. Eye contact, thought contact. A virtual Vulcan mind-meld. And you have to know where to draw the line. Here are some examples of good stories and bloopers.

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How To Win Or Lose Your Case During The Opening Statement

Marshall B. Grossman - Bingham McCutchen LLP

Trial lawyer Marshall Grossman will discuss the differences between opening statements that provide a path to victory and those that foretell disaster. He is fresh off a $600 million dollar settlement during the trial of Grupo Televisa v. Univision in Los Angeles federal court.

Emerging Responsibilities of In-House Counsel: Module 5

CLE ACCREDITED STATES CA, FL, GA, NJ, NY

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Crushin' A Concussion

John Jerry Glas - Deutsch, Kerrigan & Stiles

There may be as many as 4 million head concussions in North America in 2009. Unlike actress Natasha Richardson’s case, most head concussions are mild. However, in the courtroom no concussion is mild; no plaintiff reports a complete recovery. Here’s where to look for records, what to expect of experts and what to show the jury to get a favorable assessment of damages and recovery.

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Class Action Litigation Trends

Linda S. Woolf - Goodell, DeVries, Leech & Dann, LLP

Class actions remain at the top of many companies' high risk litigation inventories. Examine growth areas, including trends in consumer fraud class action litigation. Impact of Class Action Fairness Act, roles of in-house counsel and insurers in settlements; impact of In re Tobacco II Cases and In re Hydrogen Peroxide.

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Arbitration Provisions To Avoid Class Actions

John M. Vaught - Wheeler Trigg O'Donnell

Talk about nipping a lawsuit in the bud. Practice pointers for in-house counsel drafting arbitration clauses in commercial contracts to avoid class action litigation. What works, what doesn't, and where.

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