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



April 24-27, 2003
Four Seasons Aviara, San Diego, CA

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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.

 

 

THURSDAY, APRIL 24, 2003
Thu -- 7:00p Opening Reception -- Palm Courtyard
Thu -- 10:30p Hospitality Suite


 

FRIDAY, APRIL 25, 2003
Fri -- 7:30a Continental Breakfast and Registration -- Grand Ballroom Foyer
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.

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.

 
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.
Fri -- 10:00a Coffee & Refreshment Break
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.

Fri -- 12:00p
 

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
 
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

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.

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)
 

Fri -- 10:30p

Hospitality Suite

 

SATURDAY, APRIL 26, 2003
Sat -- 7:00a

Joe Cassidy / David Land
Memorial 5K Run

(Jacket & Tie Optional)

Download a copy of the course map
Adobe Acrobat Reader Required 

Sat -- 8:00a Continental Breakfast
Sat -- 8:30a Welcome From Seminar Co-Chairs:
Michael "Goose" O'Donnell
2003 Seminar Chair
Wheeler Trigg & Kennedy



Bio Firm
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.

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.

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.
Sat -- 10:30a Coffee & Refreshment Break
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.

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.
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
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.
 

Sat -- 10:30p Hospitality Suite
 

 

SUNDAY, APRIL 27, 2003

Sun
8:00a - 10:00p
Business Meeting for Network Member Firms - Blue Heron

 

 


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Most Guests are arriving on Thursday, April 24 and Departing on Sunday, April 27.
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