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The Network
of Trial Law Firms
presents
Our 19th
Litigation Management SuperCourse

April 24-27,
2003
Four Seasons Aviara, San Diego, CA
See Our Online Movie Trailer
(Requires Flash plug-in)
Download the Agenda
to Your Palm PDA
(Requires I-Silo available at
TRIAL.COM To Go)
Registration
(Click)
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Special Friday
Morning Shopping Trip for Spouses and Significant Others |
A
shopping paradise, La Jolla has some of the best in all of San
Diego. Spend a morning exploring the shopping district of La
Jolla Village. Herschel, Fay and Prospect Streets have some
wonderful boutiques, jewelry stores and restaurants. Our
bus leaves the Aviara resort at 9:30 a.m. Lunch with other
spouses and significant others and enjoy the view at
"George's on the Cove" restaurant. Then bus back
to the resort for golf, pool, spa or general relaxation, or let
us take you to SeaWorld for an afternoon behind-the-scenes tour
with the rest of our group, returning to the hotel in time for
the evening's Top Gun Flight Line Tour at Miramar Marine Corps
Air Station. |
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THURSDAY,
APRIL 24, 2003 |
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Thu --
7:00p |
Opening Reception
-- Palm Courtyard
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Thu --
10:30p |
Hospitality Suite
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FRIDAY, APRIL
25, 2003 |
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Fri --
7:30a |
Continental
Breakfast and Registration -- Grand Ballroom Foyer
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Fri -- 8:10a |
Opening Remarks
Rod
"Maverick" Heard
2003 Chair - The Network of Trial Law
Firms
Wildman, Harrold Allen & Dixon
● Next SuperCourse Movie Trailer
● Introduction to the Network
● Welcome Seminar Chair
Bio
Firm
Welcome From
Seminar Co-Chair:
Michael
"Goose" O'Donnell
2003 Seminar Chair
Wheeler Trigg & Kennedy
Bio
Firm |
Fri --
08:20a
John
Vaught

Wheeler,
Trigg
& Kenndy
Denver,
CO
Bio
Firm |
"Too close
for missiles. I'm switching to guns."
RECENT RULE 23 CLASS ACTION DEVELOPMENTS
A survey for the U.S. Circuit Courts of Appeal on interlocutory
appeals of class certification determinations has recently been
concluded. How immediately appealable are class certification
orders and how can “nationwide” class settlements be subject to
collateral attack? The Agent Orange settlement revisited in
light of recent developments and growing interest in
pre-packaged class settlements. |
Fri --
8:40a
U.S.D.J. Sam
Pointer

Lightfoot, Franklin
& White
Birmingham, AL
Bio
Firm |
"I feel the need. The
need for speed."
MULTI-DISTRICT LITIGATION: AN INSIDER'S PERSPECTIVE
U.S.D.J. (ret.) Sam Pointer, recently retired from the federal
bench after a distinguished 30-year career, including almost 20
years as Chief Judge of the Northern District of Alabama, and 7
years as a panelist on the Judicial Panel on Multi-district
Litigation (MDL), brings 45 years of experience to the podium to
talk about the status and trends of multi-district litigation in
the federal courts. A real inside look at the federal courts’
approach to mass litigation of all types. |
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Fri -- 9:00a
Lonnie
Williams

Snell &
Wilmer
Phoenix,
AZ
Bio
Firm |
"Never Leave
Your Wingman"
HOT
DEVELOPMENTS ON THE EMPLOYMENT
LAW FRONT
Employers face tough issues managing their workforce and
avoiding the cost and expense of lawsuits. Trends and recent
changes in the law that employers should consider when making
tough employment-related decisions. |
Fri --
9:20a
W.G.
Watkins

Forman,
Perry,
Watkins, Krutz & Tardy
Jackson,
MI
Bio
Firm |
"Let me
ask you something. If you had to go into battle, would you
want him on your side?"
MASS TORT CASES CAN BE WON
Liability
doesn't have to be a sure thing and damages can be defended,
even in mass tort cases, but you have to know how, when and why.
The same old same old won't do it anymore. You need to be
creative, insightful, and economical, making the best use of the
constrained discovery and limiting motions you have to work
with, and shaping the case with juror challenges, issue
selection and compelling trial strategies.
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Fri -- 9:40a
Molly
Craig

Hood Law Firm
Charleston, SC
Bio
Firm |
"Engaging the
Enemy"
DISCREDITING PLAINTIFF'S EXPERTS
Attacking the messenger and the message when cross-examining
plaintiff experts. |
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Fri --
10:00a |
Coffee &
Refreshment Break
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Fri -- 10:20a
Bruce
Allman

Thompson
Hine
Cincinnati, OH
Bio
Firm |
"You don't
have time to think up there. If you think, you're
dead."
MANAGING
FIRE LITIGATION
Primer on in-house counsel’s first response to fire claims, from
initial investigation and identification of a fire expert to
defense and trial. A road map for in-house counsel handling fire
cases. Like your fire extinguisher, check it out, and put it
away somewhere where you can find it when you need it. |
Fri --
10:40a
Susan
Artinian

Dykema
Gossett
Detroit,
MI
Bio
Firm |
Attorneys
Fee as Icing on the Cake
RECOVERING
ATTORNEY FEES IN LITIGATION
Using the new statutory provisions
to
get your adversary to pick up your attorneys fees
A summary of
recent federal statutory provisions for attorney fees, how
courts interpret them, and how parties are using them to
litigation advantage, coupled with a review of typical state
codes and court rules for attorneys fees. |
Fri --
11:00a
Linda
Woolf

Goodell,
DeVries,
Leech & Dann
Baltimore, MD
Bio
Firm |
"I repeat: Not
two bogies, but four. No. Five!"
LITIGATING
CLAIMS ARISING FROM FORMER AND NEWLY-ACQUIRED
OPERATING ASSETS
Managing
post-divestiture litigation involving long-gone business units
or newly-acquired operating assets with antecedent exposures
poses special problems (such as no one remaining with any
knowledge, unlocatable documents, lost insurance information,
disaffected former employees, and more). Every company has them
-- those operations that were cast off, sold because they were
no longer part of the “core” business, etc., or new subs with
their own sets of problems. Every company has discontinued
operations that continue to generate losses, consume insurance
coverages and executive resources. Effective preventative steps
to take all along the path to limit that exposure and really
shed the claims when you shed the businesses or assets, and
practice pointers for dealing with new problems when they arise. |
Fri -- 11:20a
Dennis
Duggan

Nixon
Peabody
Boston,
MA
Bio
Firm |
Why We Have
Lost That Lovin' Feeling
THE CHANGING BATTLEFIELD OF MASS TORT LITIGATION
From the continued onslaught of asbestos bodily injury claims to
the “growing” problem of mold, mass tort continues to be a
costly problem for an increasing list of defendants and
insurers. With the threshold of requisite damages decreasing
and jury verdicts in some forums increasing, the perils are
many. Here is how to stay out of the “Danger Zone”. |
Fri -- 11:40a
Mike
Nilan

Halleland, Lewis, Nilan, Sipkins & Johnson
Minneapolis, MN
Bio
Firm |
The Plaintiffs'
New Weapon of Mass Destruction
LITIGATING THE NEW MASS TORT -- PUBLIC NUISANCE CASES
Public nuisance
is an age-old doctrine conceived to close houses of ill repute
and to stop pollution from leaking onto neighboring property.
Not anymore. Public nuisance has become the primary weapon
utilized by plaintiffs in the tobacco, gun and lead paint cases
and its uses are just being discovered. We will examine this new
mega-weapon and see how to contain it.
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Fri -- 12:00p
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Four
Concurrent Break-out Sessions

A
Avocet |
Litigation
Management Trends
Mike Fried -- AIG
Susan Kircher -- Kodak
Alex Marconi -- Snell & Wilmer
Mark Floyd -- Thompson Hine
Bob Tanner -- Weinberg, Wheeler, Hudgins, Gunn & Dial |
B
Aviara Ballroom A |
Sarbanes-Oxley:
In-house Counsel Mobilize to Comply
Martha Wyrsch --
Duke Energy
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C
Aviara Ballroom
B |
Litigation
Management Trends
Charles Ehrlick -- RiverStone
Resources
Michael Hoffman -- VarTec Telecom
Jeff Coyle -- AIG
Steve Johnson -- Hecker, Brown, Sherry and Johnson
William Cronin -- Corr Cronin |
D
Grand Ballroom A |
Medical
Malpractice and Device
Litigation Management
David Rossi -- Healthcare Risk Specialists
Jacob Wieselman -- Rome McGuigan Sabanosh
John Fitzpatrick -- LeClair Ryan
Kevin Williams -- Weinberg Wheeler Hudgins Gunn & Dial |
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Fri
1:30p - 5:00p |
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Golf
at the Aviara
Four Seasons Resort Aviara Golf Club offers one of the finest
golf facilities available in southern California. Aviara's
memorable 18-hole coastal layout was designed by Arnold Palmer.
The 7,007-yard, par-72 course is sculpted around the natural
topography, with water hazards positioned as visual extensions
of the lagoon. The club includes a 32,000 square foot
(3,000-square-metre) Spanish colonial clubhouse with
a complete golf shop.
Course Map
Score Card |
SeaWorld
Behind The Scenes Tour
Exciting adventures, amazing animals, and wondrous shows!
Come learn what your pets already know at
Pets Rule! Sea
lions, otters, and even a walrus give home improvement a
whole new meaning at Fools
with Tools. Polar bears, beluga whales and seals
entertain you from their chilly dwellings at Base Station
Wild Arctic. Kids
of all ages can focus on fun at
Shamu's Happy Harbor. |
Four
Seasons Spa
Four Seasons Resort Aviara offers an exceptionally
rewarding, European-style spa retreat – immersed in the
peace and natural beauty of Aviara. The newly renovated
15,000-square-foot (1,400-square-metre) spa is equipped with
indoor and outdoor private treatment rooms, an indoor
solarium lounge area, whirlpools, saunas, steam rooms and
locker and dressing areas. In-room and poolside massage are
available if reserved 24 hours in advance. Hair, nail and
make-up services are provided by the on-site José Eber
Salon. The spa also features a couple's suite, designed with
luxury and romance in mind, which is perfect for those
celebrating a new marriage, an anniversary or another
special occasion. Amenities include an intimate lounge area
with marble fireplace and shower for two, an attached
treatment room with side-by-side massage tables and a
private patio with whirlpool. We have blocked
appointments for our group. |
Tennis
A variety of fun and exciting tennis activities await you at
Four Seasons Resort Aviara. The tennis program is managed by
Peter Burwash International, the most successful tennis
management company in the world. Stadium seating available on at
least one court. 6 courts. Lessons are available. |
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Fri --
7:00p
Busses board from 6:45p to 7:15p |

Flight Line Tour and Dinner
at Miramar Marine Air Station
An evening to be remembered forever. Upon arrival at
Miramar Marine Air Station, home of the Navy's famous "Top
Gun" fighter pilot school, we will be wisked to a hangar
for close-up and personal inspections of the U.S.M.C.'s latest
jet fighter aircraft, guided by on-duty Marine Corps pilots in
flight suits ready to be in the air on a moment's notice.
This is an active U.S.M.C. air base and
suitable security
measures will be observed.
Following the Flight Line
Tour, we will be treated to dinner at the Officer's Club (where the
movie Top Gun's "You've Lost That
Lovin' Feeling" scene was filmed).

(photos from our Top Gun
Flight Line Tour in 2001)
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Fri --
10:30p |
Hospitality Suite
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SATURDAY,
APRIL 26, 2003 |
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Sat -- 7:00a |
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Sat -- 8:00a |
Continental
Breakfast
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Sat -- 8:30a |
Welcome From
Seminar Co-Chairs:
Michael
"Goose" O'Donnell
2003 Seminar Chair
Wheeler Trigg & Kennedy
Bio
Firm |
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Sat -- 8:40a
Amy
Rubin

Ruden
McClosky Smith
Schuster & Russell
West
Palm Beach, FL
Bio
Firm |
TERRORISM'S
IMPACT ON IN-HOUSE COUNSEL AND LITIGATION
9/11 brought home the realization that the business community at
home and abroad is a principal target of terrorism and that
lawyers are on the front lines from prevention and protection to
defense and mopping up.
Terrorism
legislation is one response but until new bills become law,
lawyers are making due with the law we have -- and that's
bringing increased attention to everything from insurance
coverage and contract issues to litigation strategy.
Similar and virtually contemporaneous terrorist incidents could
constitute a single or multiple occurrences and the difference
can mean coverage or no coverage, the application of an SIR or
deductible or not. Insureds, as well as primary and excess
insurers, are focused on the developing law in that area.
Whether the war risk exclusion in general liability policies
applies to domestic terrorism events as well as the
effectiveness of general force majeure provisions are of vital
importance to in-house and trial counsel.
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Sat -- 9:00a
Scott
O'Connell

Nixon
Peabody
Manchester, NH
Bio
Firm |
How Not to
Crash & Burn
GOING
SUPERSONIC WITH LITIGATION EXTRANETS
Managing
systemic litigation in multiple forums, against multiple
adversaries, with multiple attorneys has many inherent
difficulties and huge costs. Ensuring accuracy, consistency and
completeness in the dissemination of relevant information from
your line-of-business people to the far reaches of your legal
team, and back again, is acutely important as the plaintiffs’
bar continues to organize itself to exploit deviations in your
act. Increasingly, cyberspace offers cost-effective ways to meet
those essential challenges. Here are some of the best practices
for lawyers to harness the power of this potent technology.
Good-bye fax machine, hello Extranet.
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Sat -- 9:20a
Warren
Platt

Snell &
Wilmer
Phoenix,
AZ
Bio
Firm |
"Your ego is
writing checks your body can't cash."
COST-EFFECTIVE COURTROOM PRESENTATIONS
Effective courtroom graphics and video presentations can be done
at all levels of cost. They need not cost more than a case is
worth nor take weeks to prepare. Nationally esteemed litigator
Warren Platt will show you how it’s done in the big leagues
where a billion dollar ad damnum is the norm. |
Sat -- 9:40a
Steve
Kravit

Kravit,
Gass,
Hovel & Leitner
Milwaukee, WI
Bio
Firm |
First the Stall, Then the Spin
MAKING PEACE WITH THE SEC TO PREVENT LITIGATION
When an aircraft “stalls” its nose drops through the
horizon, and the plane begins to spin. Depending on the kind of
aircraft, by the second or third spinning turn, there can be no
recovery before crashing. If your company doesn’t survive the
“stall” by making peace with the SEC, stockholders and the
public, then, on the second spiraling turn, the criminal
prosecutors will show up. Here’s what to do next. Practice
pointers from a former Assistant United States Attorney and
practicing white collar criminal defense lawyer. |
Sat -- 10:00a
James
Murphy

LeClair
Ryan
Richmond, VA
Bio
Firm |
"Top
Gun rules of engagement are written for your safety and for that
of your team. They are not flexible . . .. Is that clear?"
SCANDAL AND THE CORPORATE DEATH SPIRAL
Your company’s internal audit department discovers a large
accounting “error” and now it’s your problem. What are your
responsibilities? What is your game plan to help your company
escape the death spiral of restatement of earnings, stock price
meltdown, securities class actions, front page Wall Street
Journal articles, SEC investigations, analyst downgrades,
indictments, handcuffs and bankruptcy? Here are some
suggestions. |
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Sat --
10:30a |
Coffee &
Refreshment Break
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Sat -- 10:50a
Austin
McGuigan

Rome
McGuigan
Sabanosh
Hartford, CT
Bio
Firm |
"You don't own
that plane. The taxpayers do."
OWNER LIABILITY FOR INJURIES TO EMPLOYEES OF CONTRACTORS
Litigating property owners’ liability claims for injuries to
subcontractors’ employees. Practice pointers for avoiding
liability, contracting the risk away in advance and dealing with
it when it happens. |
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Sat -- 11:10a
Howard
Murphy

Deutsch,
Kerrigan
& Stiles
New
Orleans, LA
Bio
Firm |
"I'll I.D. 'em.
You hook 'em."
MANAGING
MARKETING MANIACS
The Impact of Marketing Materials on
Litigation Strategies
Effective preventative measures to avoid having to eat your
“words”. The best litigation strategies can fall flat in the
face of your client’s own puffing and boosting in advertisements
and promotional literature. Balancing effective merchandising
practices with litigation realities. Protecting against public
promises that cannot be sold in a courtroom. Ten practice
pointers for in-house counsel. |
Sat --
11:30a
Brian
Lewis

Wildman,
Harrold,
Allen & Dixon
Chicago,
IL
Bio
Firm |
Having the
Right Firepower
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 south. 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. |
Sat -- 11:50a
John
Worden

Morgenstein &
Jubelirer
San
Francisco, CA
Bio
Firm |
Keeping Out of
Harm's Way
NEW COVERAGE FORMS
AND WHAT THE COURTS ARE MAKING OF THEM
Tendering early and often;
coverage for pre-tender defense costs; pre-tender settlement and
judgment costs; “litigation insurance”; new looks at the duties
to defend and indemnify; coverage gaps between claims made and
occurrence coverages.
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Sat --
12:45p |
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Golf at the Aviara
Four Seasons Resort Aviara Golf Club offers one of the
finest golf facilities available in southern California.
Aviara's memorable 18-hole coastal layout was designed by
Arnold Palmer. The 7,007-yard, par-72 course is sculpted
around the natural topography, with water hazards positioned
as visual extensions of the lagoon. The club includes a
32,000 square foot (3,000-square-metre) Spanish
colonial clubhouse with a complete golf shop.
Course Map
Score Card |
Four
Seasons Spa
Four Seasons Resort Aviara offers an exceptionally
rewarding, European-style spa retreat – immersed in the
peace and natural beauty of Aviara. The newly renovated
15,000-square-foot (1,400-square-metre) spa is equipped with
indoor and outdoor private treatment rooms, an indoor
solarium lounge area, whirlpools, saunas, steam rooms and
locker and dressing areas. In-room and poolside massage are
available if reserved 24 hours in advance. Hair, nail and
make-up services are provided by the on-site José Eber
Salon. The spa also features a couple's suite, designed with
luxury and romance in mind, which is perfect for those
celebrating a new marriage, an anniversary or another
special occasion. Amenities include an intimate lounge area
with marble fireplace and shower for two, an attached
treatment room with side-by-side massage tables and a
private patio with whirlpool. |
Tennis
A variety of fun and exciting tennis activities await you at
Four Seasons Resort Aviara. The tennis program is managed by
Peter Burwash International, the most successful tennis
management company in the world. Stadium seating available
on at least one court. 6 courts. Lessons are available. |
Boat
Tour on the Monterey
Cruise San Diego Bay amidst Old World charm while you
experience first class service aboard the Monterey. Reminiscent
of a bygone era, the Victorian-style Monterey features the
warmth of oak and brass appointments with a modern interior. At
65 feet, she is the perfect choice for weddings, small corporate
events and intimate family gatherings |
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Sat --
7:00p |
Our Famous
BBQ Dinner

Enjoy our Closing Evening's BBQ Feast by the pool,
and dance the night away to the oldies and beach rock n' roll
sounds of the Surf Kings.
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Sat --
10:30p |
Hospitality Suite
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SUNDAY, APRIL
27, 2003 |
Sun
8:00a - 10:00p |
Business Meeting
for Network Member Firms - Blue Heron |
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