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)

-- SEMINAR SCHEDULE -- 

8:00am
Registration and Breakfast

Bagels, cream cheese, yogurt, cereal, juices, coffee, tea, milk, etc.


8:40am
OPENING WELCOME -- Short and Sweet

Seminar Co-Chairs:

 

 

 

Tracy Van Steenburgh
Halleland Lewis Nilan Sipkins and Johnson
Minneapolis, MN

 

Joe Ortego
Nixon Peabody
New York, NY


8:45am
LEGAL ETHICS GOES TO HOLLYWOOD:

Joe McReynolds
Deutsch, Kerrigan & Stiles
New Orleans, LA

 

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.


9:15am
MANAGING THE PRESS IN HIGH PROFILE CASES:

imbrigliasmall.jpg (35328 bytes)

Stephen Imbriglia
Hecker Brown Sherry and Johnson
Philadelphia, PA

McCarthy Tétrault

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.


9:30am
CRIMINAL INVESTIGATIONS OF YOUR CORPORATION:

Steve Kravit
Kravit, Gass, Hovel & Leitner, s.c.
Milwaukee, WI

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.
 


9:45am
TECHNO-TORTS -- EMERGING AREAS OF LITIGATION:

Timothy Coughlin
Thompson Hine LLP
Cleveland, OH

 

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.


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

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).


10:15am
BREAK

  

Coffee, Tea and Continued Breakfast

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

 


Finding common ground, taking control, getting your story out, taking responsibility for the solution and strategies for success under pressure.


11:00am
OVERVIEW OF CANADA'S LITIGATION SYSTEM:

 

Paul Morrison or Mike Barrack
McCarthy Tétrault
Toronto, Ontario

McCarthy Tétrault

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.  


11:15am
SALES AGENCY AND MANUFACTURERS' REP LITIGATION:

Susan Artinian
Dykema Gossett
Detroit, MI

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.


11:30am
EFFECTIVE PREPARATION OF INHOUSE COUNSEL FOR MEDIATION LEADERSHIP
:

Jeff Williams
Morgenstein & Jubelirer
San Francisco, CA

 

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.


11:45am
PROTECTING CORPORATE EXECUTIVES FROM CRIMINAL LIABILITY:

Michael Dore
Lowenstein Sandler PC
Roseland, NJ

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.


12:00am
TELLING A TECHNICALLY COMPLICATED CASE TO A JURY:

Kelly Corr
Corr Cronin LLP
Seattle, WA

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.


12:15pm
BUFFET LUNCH

Mediterranean Delight Buffet Lunch
courtesy of
The Network of Trial Law Firms

   

Special Luncheon Speaker:

William B. Lytton, Esq.
Sr. Vice President and General Counsel

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.


1:15pm
EARLY CASE EVALUATION METHODS AND BENEFITS:

Joe Ortego
Nixon Peabody LLP
New York, NY

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.


1:30pm
ARBITRABILITY OF WORKPLACE DISPUTES:

Pam Parsons
Assistant General Counsel
Circuit City Stores, Inc.
Richmond, VA

and

David Nagle
LeClair Ryan
Richmond, VA


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.


2:00pm
GETTING THE BEST FROM TRIAL COUNSEL:

Larry Clark
Lange, Simpson, Robinson & Somerville LLP
Birmingham, AL

 

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.  


2:15pm
THE SEVEN DEADLY SINS OF JURY TRIAL PREPARATION:

Roger McCleary
Beirne, Maynard & Parsons
Houston, TX


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.


2:30pm
IN-HOUSE COUNSEL OPPORTUNITIES IN TAX LITIGATION:

Joseph Cassidy
Rome McGuigan Sabanosh, P.C.
Hartford, CT

Emerging Responsibilities of In-house Litigation Counsel for State and local, real and personal property, corporate income and sales and use tax litigation.


2:45pm
COMPUTERS AND MULTI-DISTRICT LITIGATION:

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

Extranets for National Coordination of multi-district and mass tort litigation, document and information Management


3:00pm
CONCLUSION