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and
present
the always entertaining, highly
regarded, nationally acclaimed
Litigation Management SuperCourse
Originated at WESFACCA in 1988,
and now in its 14th year
Friday, July 20, 2001
8:40 am to 3:00 pm
Breakfast and Lunch Included

(This program is produced
for the benefit of WESFACCA;
all proceeds go to WESFACCA without deduction;
The Network of Trial Law Firms, Inc. is a not-for-profit organization
producing world-class litigation management CLE since 1993)
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SEMINAR SCHEDULE --
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8:00am
Registration and
Breakfast
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Bagels, cream cheese, yogurt,
cereal, juices, coffee, tea, milk, etc. |
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8:40am
OPENING WELCOME -- Short and
Sweet
Seminar Co-Chairs:
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Tracy Van Steenburgh
Halleland Lewis Nilan Sipkins and Johnson
Minneapolis, MN
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Joe Ortego
Nixon Peabody
New York, NY
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8:45am
LEGAL ETHICS GOES TO HOLLYWOOD:

Joe McReynolds
Deutsch, Kerrigan & Stiles
New Orleans, LA
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Ethical problems and trying situations as portrayed in 12 Classics of the
silver screen, including: referral fees, evidence tampering, conflict of
interest, loyalty to the client, suborning perjury, confidentiality,
professional misconduct.
See Devito, Newman, Mason, Warden,
DeNiro, Hoffman, Pitt, Driver, Bacon, Pacino, Tracy, Lancaster, Widmark,
Schell, Dietrich, Garland, Clift, Power, Laughton in various roles
portraying classic familiar and vexing lawyer-client situations.
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9:15am
MANAGING
THE PRESS IN HIGH PROFILE CASES:

Stephen
Imbriglia
Hecker Brown Sherry and Johnson
Philadelphia, PA

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Countering the Impact of Bad Press in Litigation.
INSIDE THE COURTROOM: The need to
advocate strict adherence to scientific principles concerning causation,
use of Daubert motions to preclude specious scientific conclusions, use of
detailed investigations of individual claims.
OUTSIDE THE COURTROOM: The need to
anticipate adverse publicity, develop easily understood themes for media
commentary, development of evidence of product utility and using good
corporate communicators to deliver the message.
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9:30am
CRIMINAL INVESTIGATIONS OF YOUR CORPORATION:

Steve Kravit
Kravit, Gass, Hovel & Leitner, s.c.
Milwaukee, WI
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Will you be ready when your corporate client is investigated, its offices searched, its records confiscated and its CEO made a target?
A primer on preparedness for criminal investigation.
Today's Issue:
Computers and the New Contraband -- Child Pornography -- Bombs Waiting to
Explode in Your Company's PCs.
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9:45am
TECHNO-TORTS -- EMERGING AREAS OF LITIGATION:

Timothy Coughlin
Thompson Hine LLP
Cleveland, OH
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From mold and mildew to tires and
Tertiary Butyl Ether, we'll cover everything you can imagine (and some
you can't) on the horizon emerging as a new area of corporate litigation,
e.g., MTBE, EPL, intentional torts against employers, uninsured motorists
litigation, cell phone accidents attributable to employers of driving
using cell phones while on the job, D&O, falling merchandise,
negligent advertising.
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10:00am
DOES THE SUIT FIT? RECENT CHANGES IN INSURANCE COVERAGE FOR
EMPLOYMENT, PERSONAL INJURY AND ADVERTISING INJURY CLAIMS:

Linda Woolf
Goodell, Devries, Leech & Dann, LLP
Baltimore, MD

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Employment Claims:
Insurance coverage for employment related claims under EPLI and traditional
CGL/D&O/other liability policies.
Changes to Coverage B (Personal
and Advertising Injury): The 1998 changes to the standard form
policies are now hitting the courts with interesting results warranting a
new look at coverage for business litigation (including patent, consumer
protection, antitrust, defamation and unfair competition cases).
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10:15am
BREAK

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Coffee, Tea and Continued Breakfast
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10:45am
CASES THAT MAKE HEADLINES
-- WHAT TO DO
ABOUT THEM BEFORE THEY DO SOMETHING ABOUT YOU:

Robert Kerrigan
Deutsch, Kerrigan & Stiles
New Orleans, LA
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Finding common ground, taking
control, getting your story out, taking responsibility for the solution
and strategies for success under pressure.
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11:00am
OVERVIEW
OF CANADA'S LITIGATION SYSTEM:

Paul
Morrison or Mike
Barrack
McCarthy Tétrault
Toronto, Ontario
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Canada's Jurisprudence System and
Guideline for U.S. In-house counsel: Importance of US-Canada trade
relations, the Canadian Court structure, progress of an ordinary civil
action in the Canadian Courts, special courts for commercial cases, Class
Action in Canada, major differences in the law (punitive damages, limits
on non-pecuniary loss, absence of treble damages in anti-trust cases, lack
of enthusiasm for shareholder actions, deference to foreign courts, libel
laws, insolvencies and bankruptcies, environmental liability.
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11:15am
SALES AGENCY AND MANUFACTURERS'
REP LITIGATION:

Susan Artinian
Dykema Gossett
Detroit, MI
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Sales agents and manufacturers' representatives don't always see things
the same way as the companies they represent. Limiting
manufacturers' liability and exposure from the start in the contract;
defending the issues.
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11:30am
EFFECTIVE PREPARATION OF INHOUSE
COUNSEL FOR MEDIATION LEADERSHIP:

Jeff
Williams
Morgenstein & Jubelirer
San Francisco, CA

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One of trial counsel's
responsibilities in advance of mediation is to prepare in-house counsel
with sufficient knowledge to enable responsible decision-making in light
of current corporate priorities, and to avoid surprises surfacing during
mediation. Pre-mediation meetings with in-house counsel cover seek to
effect a balance between sufficient disclosure of case theories,
strategies and evidence during mediation to make mediation effective
without providing a roadmap to the opposition in the event that the case
does not settle. Optimum demands on in-house counsel time balancing
the needs of other matters with the need to prepare for the case at hand.
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11:45am
PROTECTING
CORPORATE EXECUTIVES FROM CRIMINAL LIABILITY:

Michael Dore
Lowenstein Sandler PC
Roseland, NJ
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Ten Cardinal rules for protecting
corporate executives from civil and criminal liability. Liability in the context of
third-party claims; avoiding targeting by excessive prominence in
reporting and crisis management; indemnification arrangements and
"channeling injunctions" for the ultimate in protection when the
worst happens.
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12:00am
TELLING A TECHNICALLY COMPLICATED CASE TO A
JURY:

Kelly Corr
Corr
Cronin LLP
Seattle, WA
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Kelly Corr and his now
famous "My Dog Spud" speech.

Distilling complex issues to the
point that they can be understood is an art. Trying technically
complex cases requires an approach that gets your message across to the
jury. When the defendant is Microsoft, the claim is that your client
wrote DOS, and Bill Gates is testifying against you, you have your hands
full. Often, the challenge is like the one here -- getting a
technically unsophisticated, non-computer literate jury to understand that
Microsoft's claim is not true that its MS-DOS operating system was an
entirely new product from the operating system your client sold him and as
to which royalties are claimed. Here's how one trial lawyer dealt
with that problem successfully.
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12:15pm
BUFFET LUNCH
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Mediterranean Delight
Buffet Lunch
courtesy of
The Network of Trial Law Firms |
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Special Luncheon Speaker:

William B. Lytton, Esq.
Sr. Vice President and General Counsel
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William B. Lytton, Esq.
2002 Chair
American Corporate Counsel Association

WESFACCA is honored to have the
incoming national chair of
ACCA
address our group during lunch.
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1:15pm
EARLY CASE EVALUATION METHODS AND BENEFITS:

Joe
Ortego
Nixon Peabody LLP
New York, NY
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Expedited processes for gathering and assessing case information,
including through informal discovery, and judgment calls concerning the
likely outcome in charting strategies and tactics for the case.
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1:30pm
ARBITRABILITY OF WORKPLACE DISPUTES:
Pam Parsons
Assistant General Counsel
Circuit City Stores, Inc.
Richmond, VA

and

David Nagle
LeClair Ryan
Richmond, VA
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Special Guest Speakers, Pam
Parsons, Assistant General Counsel, Circuit City Stores, Inc., and
David Nagle,
who argued Circuit City's case
before the United States Supreme Court last year, resulting in a
precedent-setting decision upholding the enforceability of contractual
arbitration provisions in workplace disputes. Pam and David will
tell us about the ruling and its implications for corporations with U.S.
locations.
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2:00pm
GETTING
THE BEST FROM TRIAL COUNSEL:

Larry
Clark
Lange, Simpson, Robinson & Somerville LLP
Birmingham, AL
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Self and the Notion of Personal Involvement at
Trial; knowing your own character and staying in it; realism and
atmosphere, preparation, considering the court and jury, backgrounds,
issue tolerance, predisposition to make a difference; organization of
exhibits by witness and topic, using an exhibits book; using your client
as a legal assistant; keeping good exhibits in view; jury appreciation of
efforts to move the case along; balancing repetition and going for the
jugular, cross-examination do's and don'ts, witnesses you can trust,
theme, strategy, and preparation for cross-examination, impeachment,
ending strong.
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2:15pm
THE SEVEN
DEADLY SINS OF JURY TRIAL
PREPARATION:

Roger
McCleary
Beirne, Maynard & Parsons
Houston, TX

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Jury Management -- The Seven Deadly Sins -- Preparation for trial,
objective investigation, importance of designing presentations around the
jury charge, developing a theme, understanding principles of jury
retention, simplicity, primacy, recency and repetition, cultivating drama,
paying attention to the jury, mock juries, focus groups, surveys and
shadow juries, being credible, stealing thunder.
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2:30pm
IN-HOUSE COUNSEL
OPPORTUNITIES IN TAX LITIGATION:
Joseph Cassidy
Rome McGuigan Sabanosh, P.C.
Hartford, CT
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Emerging Responsibilities of In-house Litigation Counsel for State and
local, real and personal property, corporate income and sales and use
tax litigation.
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2:45pm
COMPUTERS
AND MULTI-DISTRICT LITIGATION:

Joseph
Valentine
Wheeler Trigg & Kennedy, P.C.
Denver, CO

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Extranets for National Coordination of
multi-district and mass tort litigation, document and information
Management
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3:00pm
CONCLUSION
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