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A New Decade of Challenges for In-House Counsel: Module 1
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
Dealing with Disaster: How to Make Sure the Government Doesn't Destroy Your Case
Lee Roberts - Weinberg, Wheeler, Hudgins, Gunn & DialFollowing a catastrophic event, the feds are heading your way. They are not coming to help you. The government’s agenda may be different from yours, and its findings of fact can be admissible in evidence. Suggested proactive approaches to reduce collateral damage from the investigation and lessen the likelihood of becoming a target. And, when the worst happens, how to keep the government's report away from the jury.
When the Feds Knock on Your Door
Nathan J. Hochman - Bingham McCutchenIn-house counsel should not be caught flat-footed when the government commences a criminal investigation into a company’s business. An effective response can help achieve a favorable result for the client and its officers, directors and employees, as well as for the in-house lawyer. Hear about examples from real-world corporate criminal investigations.
Brace Yourself: E-Discovery's Latest Bombshell
Joseph J. Ortego - Nixon Peabody LLPZubulake Revisited: Six Years Later -- Described as an ugly picture of the consequences of failure to comply with discovery obligations, explore Pension Committee, etc., the latest blockbuster decision in e-Discovery and what it means for in-house counsel and their trial lawyers. And now, Rimkus v. Cammarata, a view from outside the SDNY.
A New Decade of Challenges for In-House Counsel: Module 2
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
Successfully Navigating National and Global e-Discovery Disputes
David T. Neave - Blake Cassels & Graydon LLPComplying with U.S. discovery requirements in domestic litigation and also in the face of limitations imposed by foreign jurisdictions can be challenging and dangerous, but it is an inescapable part of a company’s litigation reality. This panel of experts will discuss processes and policies to help clients successfully navigate those treacherous waters and ensure successful outcomes in sanctionable discovery disputes.
Litigating with Medicare-Eligible Personal Injury Plaintiffs
Chandler Bailey - Lightfoot, Franklin & WhiteRecent changes in the Medicare Secondary Payor Reporting Act affect reporting requirements and carry significant fines and penalties for settling defendants who improperly handle settlements with medicare-eligible personal injury plaintiffs. Educating plaintiff's counsel early in the case about the Act to reduce damages in your case.
A New Decade of Challenges for In-House Counsel: Module 3
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
Pros and Cons of MDL Consolidation
Linda S. Woolf - Goodell, DeVries, Leech & Dann, LLPJeffrey J. Hines - Goodell, DeVries, Leech & Dann, LLPPutting all your eggs in one basket is usually not a good idea. Can it be different for all of your litigation of a given kind? Pros and cons of MDL consolidation, potential advantages and possible pitfalls.
Free Speech or Sanctions?
Phillip Sykes - Forman Perry Watkins Krutz & Tardy LLPWhere is the boundary when an in-house lawyer or trial lawyer's comments about the judiciary move from speech protected by the First Amendment to sanctionable conduct subject to fines, bar complaints, or jail time?
Executive Pay: Potential Litigation Pitfalls
William Cronin - Corr Cronin Michelson Baumgardner & Preece LLPExecutive pay is in the crosshairs of plaintiff law firms and the government. The issues are as diverse as the payments - stock options, special cash payments, severance packages -- and the dollars are big. What in-house counsel can do to avoid litigation disasters.
A New Decade of Challenges for In-House Counsel: Module 4
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
Avoiding the Sting: Enhanced Enforcement of International Trade Laws
Gregory A. Brower - Snell & WilmerBrett W. Johnson - Snell & WilmerCompany operations will be significantly disrupted by prosecutors around the world who are actively enforcing international trade laws (anti-corruption, export control, etc.) and using "sting operations" to snare violators. In-house counsel whose companies do business abroad must put in place an international trade law compliance program before an employee phones from the lock-up facing criminal and civil process. Learn how to avoid international trade law enforcement stings.
Managing Litigation by Using Arbitration
Tom Myrick - Moore & Van AllenMagic words in arbitration clauses can spell the difference between success and failure (e.g., waiving rules of procedure and evidence; the AAA's optional rules and why they must be expressly included), dangers of waiving appeal in bet-the-company cases, unconscionability issues, and more. Guidance for in-house counsel.
Arbitration Risk-Benefit Analysis
Sawnie A. McEntire - Beirne, Maynard & ParsonsRisks and benefits of arbitration in complex and high exposure cases. Discovery rights, evidentiary and expert issues, and limited options in the event of an adverse result. What in-house counsel must consider at contract time.
A New Decade of Challenges for In-House Counsel: Module 5
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
Fiduciary Duties of Officers and In-House Counsel
Nicole Bearce Albano - Lowenstein Sandler PCWith reasonable risk management systems in place, courts will protect boards of directors and defer to business judgment and sound governance principles. Judicial scrutiny of Special Litigation Committees in increasing, as it is for shareholder derivative suit settlements. Get an overview of trends in fiduciary duty and corporate governance law, with a focus on important developments regarding fiduciary duties of in-house counsel.
Trial Lawyers Facing the New Decade
John Jerry Glas - Deutsch, Kerrigan & StilesWhat's ahead? More of the same or none of the same? Here's how trial lawyers see the future and how they’re adapting to cope with it.
With Discussion By:
[:BULLET:]Lyndon Sommer - Sandberg Phoenix & von Gontard (St. Louis, MO)
[:BULLET:]Jessalyn Zeigler - Bass Berry & Sims (Nashville, TN)
[:BULLET:]Mark Hauck - Dykema (Detroit, MI)
A New Decade of Challenges for In-House Counsel: Module 6
CLE ACCREDITED STATES CA, FL, GA, NJ, NY
May It Please the Court (or Not) -- The Best and Worst of Trial Law
H. Roderic Heard - Wildman HarroldTerse, Pithy, and Other Ways to Please the Court. Presentation tactics, communication skills, common errors, and best practices that litigation managers should watch for.
With Discussion By:
[:BULLET:]Judge Jerome Abrams -Minnesota District Court, First Judicial District
[:BULLET:]James Miller - Akerman Senterfitt (Miami, FL)
[:BULLET:]David Schultz - Maslon Edelman Borman & Brand (Minneapolis, MN)
[:BULLET:]David King - Bass, Berry & Sims (Nashville, TN)
[:BULLET:]Greg Tole - Vice President & Associate General Counsel (Novartis)