*  This CLE program is produced by The Network of Trial Law Firms, Inc., a not-for-profit business league organized as a 503(c)(6) corporation, on behalf of its 26 member law firms and 3,600 attorneys in 90 offices throughout the United States and Canada.  The Network is well-known for its outstanding CLE programs.  Since 1993, we have produced more than 20 cutting-edge CLE programs on trial and litigation management topics.  The Network is not affiliated with the Association of the Bar of the City of New York and appreciates the courtesy extended by the Association in permitting it to use the Association's House.  All costs of production are borne by the producer, including room rental and food charges.  TRIAL.COM® is a registered service mark of The Network of Trial Law Firms, Inc.

**  The Association of the Bar of the City of New York is not affiliated with The Network of Trial Law Firms, Inc.

FRIDAY, AUGUST 9, 2002

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David Harris
Seminar Co-Chair
Lowenstein Sandler
Roseland, NJ

DEALING WITH JUDICIAL BIAS AT TRIAL:
A Judge is a Jury of One
Recent studies confirm that judges are as susceptible to bias in their decisions as are jurors, including as to punitive damages.  Handling an absence of familiarity and comfort with judges and their biases.  Do you ever really "know" your judge?

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DEFENDING BIG CLAIMS OF BUSINESS LOSS
The Essentials of An Effective Defense
Telling your company's story most effectively and exposing inflation, exaggeration and falsity in the plaintiff's claims and damage models.  Defensive gold mines.  Eye opening techniques and methods.

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PRACTICE POINTERS FOR FOREIGN DEPOSITIONS
In-house Supervision Pointers
When arbitration or litigation takes you to a foreign land, take your own court reporter, video system, translator and procedure for nightly deposit of transcripts.  Labeling materials to avoid seizure as financial records, and other pointers to prevent a waste of time and money.  Gap-fillers in the Federal Arbitration Act and the Rules of International Chamber of Commerce that can restructure your contract beyond recognition.  More than 20 U.S. states have rules for international arbitration conducted within their borders.

LITIGATION WITH FORMER EMPLOYEES:
Prevention, Avoidance and Defensive Tactics
Separation and Settlement Agreements -- cutting ties cleanly without future litigation against the company.  Corporate raiding and enforcing covenants not to compete.  "Inevitable disclosure" doctrine -- guarding trade secrets and confidential information using this emerging doctrine.

10:40a
Joe
Ortego
Nixon Peabody
Garden City, NY
 

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EARLY CASE EVALUATION
Expediting the Elimination of Dangerous Cases
Importance of institutionalized early and recurrent case valuation, outcome prediction, cost projection, plan feasibility analysis and consideration of plaintiff's assessment of potential and likely recovery, cost and time to litigate.
 

TRIAL TACTICS FOR NOTORIOUS CASES
New and Alternative Approaches
Whether he's representing Seattle rockers Heart, the surviving Nirvana rockers seeking a mental examination of Courtney Love, Washington's foster care system, or Alaska Airlines in its cabin air litigation, Corr's tactical displays in high profile cases are text book stuff.  Bill Gates experienced Corr's cross-examination first hand in its operating system litigation.  See recent accounts by People and E!Online magazines.  Corr discusses high profile cases and playing field leveling techniques.

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EXPERT WITNESS CROSS-EXAMINATION Techniques to Mitigate Damages in Nasty Cases
Minimizing damages in high exposure litigation.  Trial illustrations in high exposure cases illustrating effective examination methods and techniques.
 

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OFFERS OF JUDGMENT THEY CANNOT REFUSE
FRCP 68, Similar State Statutes
A 50-state survey of recovery of costs (including attorneys fees) following rejected Offers of Judgment.  A special Federal and State tool that should be in every in-house litigation manager's toolbox.

". . . a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued. * * *  If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.

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LITIGATION MANAGEMENT BY APPEASEMENT: LESSONS LEARNED BY ASBESTOS MANUFACTURERS
Lessons learned by asbestos defendants from the universal policy of appeasement.  A defense lawyer's analysis of the policy of paying ransom for frivolous cases while keeping defense counsel at bay.  Policy and practice guidelines for traditional and emerging mass tort and product defendants.

12:50p to 1:50  Break-out Sessions with Lunch

4 Simultaneous Break-out Sessions with Lunch -- choose your focus areas

Working Lunch Break-out Sessions

1:50p
David
Harris
Lowenstein Sandler
Roseland, NJ

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ETHICS 3:  Not with My Employees:
Communications with Litigation Adversaries' Employees
Ethical constraints on communicating with current and former employees of adversaries.  When you can, when you can't and when you shouldn't.  Examples of good practice and ways to prevent adversaries from conducting discovery outside of the rules via your employees.

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Jeff Williams
Morgenstein & Jubelirer
San Francisco, CA

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Good Bye
and
HEAD FOR THE HAMPTONS
(on your own)