FRIDAY, AUGUST 8, 2003
AGENDA

THE ART OF JURY PERSUASION
Don't Forget the Fundamentals
Persuasion art and the Aristotelian principles of advocacy: ethos, pathos, logos - character, emotion and logic. Evoking the emotion of the client’s position, blunting emotions evoked by the opposition and projecting the logic of the client’s position. Simple recurring ideas that exemplify your client’s position and structure your presentation. Compelling arguments based on fact and law, mindful of the emotional and psychological components of human decision-making.

Bio Firm

AVOIDING AND LIMITING PUNITIVE DAMAGES
Financial Condition, Admissibility of Prior Acts, Jury Instructions, Closing Arguments and Judicial Review
The Supreme Court's May 2003 decision in State Farm Mutual Automobile Insurance Co. v. Campbell provides several tools that corporate defendants can use to forge pretrial, trial, and post-trial defenses to punitive damages claims. The majority opinion contains language with important implications for the admissibility of financial evidence, the admissibility of other acts of the defendant (both within and outside the forum state), jury instructions, closing arguments, the standard of judicial review of the jury's verdict, and the factors to be weighed in judicial review. The opinion also contains language that plaintiffs' lawyers will try to exploit. Tips on how to get maximum benefit from the decision and how to guard against its dangerous language.

Bio Firm

PLAINTIFF'S FIRST STRIKE -- THE 30(B)(6) DEPOSITION
Corporate Representative Depositions
Right out of the box, a plaintiff can hit your corporate client with a notice of 30(b)(6) deposition, possibly the most important deposition your company will face in that case. What you need to do to defend that deposition, and how to prepare so that you don't lose the case before the first written discovery responses are made.

IN-HOUSE ROLE IN WHITE COLLAR CRIME DEFENSE
In-house Counsel's Opportunities
Defending corporate clients before grand juries; dealing with government subpoenas; avoiding and preventing criminal liability; fraud and other government litigation.
 

WINNING CATASTROPHIC CASES
Zero-based Analyses When All is On the Line
Some cases just demand more attention and resources. You probably can spot them easily. Setting them up for victory is another story. The hard questions and when to ask them; the warning signs when you have too much case and too little lawyer; red flags and how to spot them; changing counsel -- when and why; experts and their impact on results.

11:20p
Brian
Lewis
Wildman, Harrold,
Allen & Dixon
Chicago, IL

Bio Firm

CONTRACTUAL BUNKER BUSTERS
Contract Provisions That Can Make or Break Your Case
Pre-suit attention to essential contract terms can make or break your case when things go bad. Essential contract considerations in order to come into court in the best position. Key strategies for drafting agreements that give your clients maximum protection in litigation.

LAWSUITS AS MANAGEABLE PROJECTS
Really "Managing" Litigation Using Project Management Technology (Microsoft Project)
Planning, controlling and tracking all of the legal, factual, evidentiary, issues and witness development, research and other work in large cases is critical to great results. We'll demonstrate litigation management, planning and budgeting uses of Microsoft Office's "Project", more commonly associated with controlling resources, costs and results in engineering, construction and product development environments. Your result: fewer surprises, better predictability, improved cost management and optimized results in large cases and case inventories.

PRIVACY AND BACKGROUND SEARCHES
Investigating and taking measures against bad apple employees. A "how to" guide. Invasion of privacy, licensing requirements.

Bio Firm

TERRORISM'S IMPACT ON IN-HOUSE COUNSEL AND LITIGATION
The business community is a principal target of terrorism. Lawyers are now on the front lines as to prevention, protection, defense and response. Issues include new legislation, insurance coverage, contract provisions and litigation strategy.

Under Secretary
Michael Brown
Emergency Preparedness and Response
U.S. Department of Homeland Security
Washington, DC

Michael D. Brown is the first Under Secretary of Emergency Preparedness and Response (EP&R) in the newly-created Department of Homeland Security. Mr. Brown coordinates federal disaster relief activities, including implementation of the Federal Response Plan which authorizes the response and recovery operations of 26 federal agencies and departments. He also oversees the National Flood Insurance Program and the U.S. Fire Administration.

1:00p to 2:00p Working Lunch Break-out Sessions

2:00p
Kevin
Baumgardner
Corr Cronin
Seattle, WA

Bio Firm

EMPLOYEE DISCIPLINE AND CORPORATE WHISTLEBLOWERS
Lessons learned successfully defending "Whistleblower" litigation. Dealing with a whistleblower culture in a union workforce. Practical tips to minimize exposure while enforcing appropriate discipline and performance standards in the work force. A survey of applicable statutory and case law.

Bio Firm

LITIGATION'S TOP 10 ETHICAL ISSUES
From pre-filing through discovery and trial, ethical choices abound. They are either mines or guideposts, depending on whether in-house and outside counsel recognize them and plan accordingly.

SANCTIONS AGAINST CORPORATE DEFENSE AND THEIR COUNSEL
Description.

Bio Firm

ATTORNEYS UNDER ATTACK
Professionalism in the Practice of Law
Explore conduct that is on the borderline between civil, zealous representation and inappropriate, unprofessional conduct.

Rod Heard
Wildman, Harrold,
Allen & Dixon
Chicago, IL

Bio Firm

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