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LITIGATION MANAGEMENT SUPERCOURSE

Litigation Management: Defend and Protect
The Montage Resort and Spa
Laguna Beach, California
November 7-10, 2013


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Day 1 (Friday, Nov 8) - Opening Statements
8:00a - 8:05a
NETWORK CHAIR
James Miller
Akerman Senterfitt (Miami, FL)

8:05a - 8:10a
SEMINAR Co-CHAIRS
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
 
Session I
8:10a - 8:30a
THE DAUBERT CONUNDRUM
Jon Barton
Sandberg Phoenix & von Gontard (St. Louis, MO)
Challenging an opposing expert’s methodology and opinions by exposing flaws and weaknesses has increased dramatically. Previously reserved for devastating cross-examination in the courtroom challenges are now fully briefed months before trial raising strategic concerns in light of a declining success rate for such challenges and the propensity of courts to allow supplemental opinions. Understanding those trends can help to develop a successful litigation strategy mitigating unintended consequences of a Daubert challenge. E.g, knee-jerk striking of your opponent's incompetent expert might result in the appearance of a more qualified replacement; losing a motion to strike could leave you exposed with the opposition knowing your lines of attack at trial.
8:30a - 8:50a
LEGAL HERPETOLOGY 101
Kevin Schiferl
Frost Brown Todd (Indianapolis, IN)
An intense course addressing the latest plaintiff’s attorney strategy of presenting the “Reptile” theory of prosecuting a personal injury case. This new approach has been a growing trend in litigation circles, with developed materials and presentations by our friends on the other side of the bar. This short course will introduce the concept and address manners to combat it in the courtroom.
8:50a - 9:10a
CALLING THE EYEWITNESS - THE ADVANTAGE OF BEING THERE
Robert Squire
Akerman (Miami, FL)
Pinning your case on the testimony of an eyewitness can be a risky proposition. Consider the eyewitness discredited by Abraham Lincoln in People v. Armstrong on the basis of the light of the moon as reported by the Farmer's Almanac. Eyewitness testimony is generally regarded to be unreliable. Nevertheless, testimony of an eyewitness remains one of the most compelling pieces of evidence presented to a jury. Trial lawyer Rob Squire discusses the role of the eyewitness in today's civil trial, practical considerations, and how best to protect your case and your witnesses.
9:10a - 9:50p
PANEL: BREAKING BAD, ALL THE TIME: WHITE-COLLAR CRIME PROBLEMS FOR BUSINESS LAWYERS
Moderator: Jack Sharman
Lightfoot Franklin & White (Birmingham, AL)
No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues --- compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification --- have become blurred. Listen to an experienced panel highlight the most important events and insights from 2013 and what to expect in 2014.

With Discussion By:
Gerry Leone - Nixon Peabody (Boston, MA)
Jackie Arango - Akerman Senterfitt (Miami, FL)
Joel Neckers - Wheeler Trigg O'Donnell (Denver, CO)
 
Refreshment and Coffee Break
 
Session II
10:20a - 10:40a
LOCATION, LOCATION, LOCATION
Nicole Bearce
Lowenstein Sandler (Roseland, NJ)
Properly selected, the forum for a complex business litigation and trial can set the tone for the entire case. Even if plaintiff initially appears to have the upper hand, trial lawyer Nicole Bearce's strategies and tactics can be used to determine whether a change of venue will even the playing field or give you an advantage.
10:40a - 11:00a
ISSUES IN INTERNAL INVESTIGATIONS
William Croinin
Corr Cronin Michelson Baumgardner & Preece (Seattle, WA)
Internal investigations proliferate as companies respond to increased regulatory scrutiny, whistleblower claims, internal corporate policy requirements and the need for specially appointed litigation committees to evaluate potential shareholder claims, raising many ethical questions for in-house and outside counsel. Trial lawyer Bill Cronin presents practical pointers for lawyers confronting internal investigations.
11:00a - 11:30a
"MANUFACTURED LITIGATION" AND OTHER FRAUDS TRIAL LAWYERS AND IN-HOUSE COUNSEL FACE
John Fitzpatrick
Wheeler Trigg O'Donnell (Denver, CO)
Learn why Trial Lawyer John Fitzpatrick is national trial counsel for 10 companies in various industries (automobile, power, insurance, manufacturing, healthcare, chemicals and food). John will take us on a whirlwind tour of jury trial practice throughout the U.S. with pitstops in judicial hell holes and frivolous lawsuit havens. With a straight-from-the-shoulder approach, he will teach how tough cases can be won. Joining Fitz will be Richard Vavra of Allstate Insurance. The two recently teamed up to beat back a particularly nasty lawsuit against the insurer. Hear how they won that case, and how you can win yours.

With:
Richard J. Vavra - Allstate Insurance (Northbrook, IL)
11:30a - 12:10p
PANEL: SUPREME INTERVENTION - HOW THE SUPREME COURT HAS TRANSFORMED CLASS ACTIONS
Moderator: Scott O'Connell
Nixon Peabody (Boston, MA)
During the past three terms, the US Supreme Court has fundamentally transformed Class Actions. This session will focus on the decisions that have fundamentally stopped the unbridled growth of this device. We will also discuss the ways in which consumer-facing companies can limit and manage their exposure to class-based relief. In Canada, class action litigation - particularly as against US-based and other multinational corporations – has increased, with claims routinely advanced in anti-trust, consumer protection (where arbitration clauses have been ineffective) and securities cases. Whether that trend will continue will be affected by two decisions that are pending from the Supreme Court of Canada.

With Discussion By:
William Connolly - State Street (Boston, MA)
Melanie Margolin - Cummins (Indianapolis, IN)
David Neave - Blake, Cassels & Graydon (Canada)
 
Day 2 (Saturday, Nov. 9) - Welcome Back

8:00a - 8:10a
SEMINAR Co-CHAIRS
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
Phillip Sykes -- Forman Perry Watkins Krutz & Tardy (Jackson, MS)
Lee Hollis -- Lightfoot Franklin & White (Birmingham, AL)
Stacie Hartman -- Schiff Hardin (Chicago, IL)
 
Session III
8:10a - 8:30a
MANAGING YOUR OWN EXPERT IN A MEGA-DOCUMENT CASE
Lee Davis
Sutherland Asbill & Brennan (Atlanta, GA)
In-house counsel managing a case with millions of pages of documents face enormous pressure to stay on top of distribution, preserve privilege, protect company information and limit costs, while still informing the expert and arming her with all of the documents needed to form and defend an opinion. Unchecked, experts striving for perfection can expand the scope of documents reviewed and the costs to do so. Management of those experts, including by managing the scope of documents they review, the methods they employ, and the presentation techniques they adopt, becomes a key responsibility for in-house counsel.
8:30a - 8:50a
CYBER SECURITY: UNDERSTANDING THE RISKS
Janet Nalbandyan
Dykema (Los Angeles, CA)
Internet-connected devices now number in the billions. And, under the wrong circumstances, your company's data can be accessible from any one of them. Trial lawyer Janet Nalbandyan discusses the risks posed by benevolent and malicious insiders as well as targeted attacks. Intellectual property, corporate data and customer information are at risk. Learn what in-house counsel can do to protect the company, its customers and their data.
8:50a - 9:10a
THE WORK OF THE INNOCENCE PROJECT
David Schultz
Maslon Edelman Borman & Brand (Minneapolis, MN)
In the past ten years over 200 people have been exonerated of crimes for which they were prosecuted and convicted but did not in fact commit. Primarily these exonerations have occurred through DNA evidence. This talk will focus on the causes of wrongful convictions (that is, the reason why innocent people end up convicted of crimes they simply did not commit) and will highlight famous and infamous examples of such convictions.

9:10a - 9:50a
PANEL: THINKING OUTSIDE THE BOX - CREATIVE COLLABORATION BETWEEN In-HOUSE AND OUTSIDE COUNSEL
Moderator: Greg Marshall
Snell & Wilmer (Phoenix, AZ)
The panel will discuss the makings of effective collaboration between client and counsel in order to deliver a great result at a minimum cost: communications; trust-building and credibility; risk-taking, and openness to new ideas about old litigation problems. Panelists will provide real-world case examples of the challenges and benefits of implementing creative collaboration in the litigation context, including new litigation strategies in a variety of contexts (leasing disputes, asbestos litigation, new legal theories in class action defense, etc.) that have led to successful outcomes.

With Discussion By:
Ryan McManis - Level 3 Communications (Broomfield, CO)
Guy Michelson - Corr Cronin (Seattle, WA)
Melanie Margolin - Cummins (Indianapolis, IN)
Tom Olsen - AIG (Jersey City, NJ)
 
Refreshment and Coffee Break
 
Session IV
10:20a - 10:40a
BATTLING INFORMATION INFLATION WITH PREDICTIVE CODING AND OTHER METHODS
Tom Myrick
Moore & Van Allen (Charlotte, NC)
Strategies for success in the information explosion era, new ways to search and retrieve while avoiding the limitations of keyword methods, use of sampling and iterative processes to ensure quality, creating the virtuous feedback cycle by using meet-and-confer sessions among counsel, the new FRE 502 and open discovery, and predictions for the future.
10:40a - 11:00a
MANAGING THE MILLENNIAL JUROR
Jen Mountcastle
Thompson Hine (Columbus, OH)
Gen Y or Millennials (born 1982-1995) are the first "postmodern" generation and hold a distinct world view: feelings are paramount over reason, and right, wrong, and truth are all relative. They also make for web-savvy jurors who expect to get information immediately and become frustrated with laborious trial presentations. They rely more on visual communication and story-telling approaches. Trial lawyer Jen Mountcastle will discuss the mindset of a Millennial juror and strategies for communicating on their wave-length.
 
Closing Statements Before Break-Outs
11:00a -11:05a
network VICE-chair
Hugh Gottschalk
Wheeler Trigg O'Donnell (Denver, CO)
 
Litigation Management Break-Outs (1 Hour)
SESSION A:
LITIGATION MANAGEMENT
Moderator: Roger McCleary
Beirne Maynard & Partsons (Houston, TX)
Room: Grand I

Discussion Group Leaders:
Jon Schmitt - Baker Hughes (Houston, TX)
Cesar Hernandez - Jacobs Engineering (Houston, TX)
Tom Vanderford - Hyundai Motors (Fountain Valley, CA)
Bill Scarff - Allergan (Irvine, CA)
Les Meredith - Premier Insurance Mgmt (San Diego, CA)
Mary Anne Mellow - Sandberg Phoenix (St. Louis, MO)
Susan Artinian - Dykema (Detroit, MI)
SESSION B:
EMPLOYMENT LAW
Moderator: Nikki Nesbitt
Goodell DeVries Leech & Dann (Baltimore, MD)
Room: Gallery II

Discussion Group Leaders:
Fern Daves - ITT (White Plains, NY)
Heather Wilson - Frost Brown Todd (Indianapolis, IN)
Shacara Delgado - Realogy (Parsippany, NJ)
Denelle Waynick - Actavis (Parsippany, NJ)
Miguel Pozo - Lowenstein Sandler (Roseland, NJ)
SESSION C:
FEE ALTERNATIVES TO THE HOURLY RATE
Moderator: Lee Hollis
Lightfoot Franklin & White (Birmingham, AL)
Room: Gallery I

Discussion Group Leaders:
James Miller - Akerman Senterfitt (Miami, FL)
Bruce Batista - Sherwin-Williams (Cleveland, OH)
Maureen Middleton - Primerica Financial (Duluth, GA)
Larry De Respino - U-Haul (Phoenix, AZ)
Dan Stephenson - Dykema (Los Angeles, CA)
SESSION D:
PRIVACY AND GOVERNMENT SURVEILLANCE
Moderator: Joe Ortego
Nixon Peabody (New York, NY)

Room: The Boardroom

Snowden Has Peeled Back a Few Layers of the Onion; Now What Do We Do? -- Lawyers need to know what kind of electronic information is exposed on an ongoing and daily basis, what their obligations are to inform clients and how to protect their clients. Legality of PRISM, the NSA's clandestine mass electronic surveillance and data collection program and its reach into electronic attorney-client communications. Responses by departments of government and by foreign governments. The FISA court and its role. The ABA Code of Professional Conduct and related obligations imposed on attorneys. Protecting and advising clients.

Discussion Group Leaders:
Scott Marrs - Beirne Maynard & Parsons (Houston, TX)
Gord McKee - Blake Cassels & Graydon (Toronto, ONT)

SESSION E:
INSIDE, OUTSIDE AND INSURANCE - WHERE IS THE FRICTION, WHAT IS THE SOLUTION?
Moderator: Ted LeClercq
Deutsch Kerrigan & Stiles (New Orleans, LA)
Room: Salon II

Discussion Group Leaders:
Mark Yavinsky - American Safety Insurance (Atlanta, GA)
Mike Fried - LVL Claims Services (New York, NY)
Nick Billings - Aimco (Denver, CO)
SESSION F:
DODD-FRANK AND THE FINANCIAL SERVICES INDUSTRY
Moderators: Larry Polk and Olga Greenberg
Sutherland Asbill & Brennan (Atlanta, GA)
Room: Executive Suite 266

Three years after Dodd-Frank was enacted, fewer than half of its rules have been finalized. The existing and proposed rules will continue to have an impact on the relationship between financial services firms and their clients, as well as in-house and outside counsel for those companies. During this session, we will examine how banks, brokerage firms and insurance companies comply with the new rules, and the effect that proposed rules will have on their business models.

Discussion Group Leaders:
Peter Schneider - Primerica Financial (Duluth, GA)
David Bloom - SunTrust Banks (Atlanta, GA)
John Worden - Schiff Hardin (San Francisco, CA)
 

--- ONLINE REGISTRATION ---
November 7-10, 2013


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Most Guests are arriving on Thursday, November 7 and Departing on Sunday, November 10. Please enter your Arrival and Departure dates below.
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Seminar Agenda
THU NOV 7 7:00p Opening Reception and Dinner - Ocean Lawn
THU NOV 7 10:00p Hospitality Suite in Executive Suite 266
FRI NOV 8 7:00a Registration / Continental Breakfast (Grand Ballroom Foyer)
FRI NOV 8 8:00a CLE SuperCourse Day 1 Begins
FRI NOV 8 10:00a Spouse/Significant Other Cooking Demo with Chef Strong
FRI NOV 8 10:00a Laguna Beach Shopping Shuttle (Last Return 4:30p)
FRI NOV 8 12:00p CLE SuperCourse Day 1 Concludes
FRI NOV 8 12:30p Afternoon Recreation: Golf, Spa, Shopping, Nature Walk
FRI NOV 8 7:00p Reception and Dinner
FRI NOV 8 10:00p Hospitality Suite in Executive Suite 266
SAT NOV 9 7:00a Continental Breakfast (Grand Ballroom Foyer)
SAT NOV 9 8:00a CLE SuperCourse Day 2 Begins
SAT NOV 9 12:00p CLE SuperCourse Day 2 Concludes
SAT NOV 9 12:30p Afternoon Recreation: Golf, Boat Cruise, Football, Spa
SAT NOV 9 7:00p Reception and Dinner featuring the Surf City Allstars
SAT NOV 9 10:00p Hospitality Suite in Executive Suite 266

WHY IS THIS SEMINAR FREE OF CHARGE?

The Network of Trial Law Firms, Inc. is a not-for-profit membership association. It is the 10th largest law firm association in the world with 6,000 attorneys practicing with 23 law firms in 135 offices in the U.S. and Canada.

The goal of the Network’s 23 member law firms is to provide their clients with high-quality legal representation through advances in education, technology, business and science. The Network sponsors activities to accomplish that goal, including research and study of advances in the state-of-the-art of legal representation, and sponsors continuing legal education seminars such as this one for corporate and outside counsel and insurance industry professionals. Our CLE programs aid in the dissemination of new information and effective techniques and technologies to attorneys and insurance professionals.

Since 1993 we have conducted more than 60 CLE seminars. And more than 100 non-accredited continuing legal education videos are posted online at http://trial.com/cle/index.html and are available for free.

The Network believes that high-quality live CLE can be provided free-of-charge to attendees and therefore looks solely to its participating member law firms for financial support in the production of its CLE programs. For that reason, attendees are never charged for any aspect of the CLE programs produced by the Network. For a list of all Network CLE programs, and links to agendas, course book materials, PowerPoint presentations, please see http://trial.com/programs/index.htm.


Recreation

Golf
Few golf experiences can match the blend of stunning natural beauty and variety of challenges presented by these two extraordinary golf courses. Set along the dramatic bluffs of Southern California, these courses offer intriguing layouts in the Scottish links tradition which include sweeping views to the sea. These championship courses offer an unending variety of play.



Laguna Beach Nature Walk
Paradise Found! Join our naturalist for a walk along the Pacic Ocean bluffs just steps away from the Montage lobby.Make sure to bring your camera along (or pick up a TRIAL.COM disposable one) to take some breathtaking shots of the beach, wildlife, surf and the locals.





Laguna Shopping Shuttle
Hop on our Shopping Shuttle to visit over 100 art galleries showcasing all types of art, from painting and photographs to sculpture and modern art. But amazing art isn’t the only shopping experience you’ll find in Laguna Beach. You’ll discover an incredible selection of boutiques, jewelry and gifts. And for those hard-to-find items, Laguna Beach boasts plenty of specialty stores that are sure to make your shopping experience a success.


Pacific Sea Life Cruise
Enjoy the beautiful Orange County coastline on this Adventure Cruise on the 95' Dana Pride which features indoor and outdoor seating and a full lunch spread. Blue and gray whales, Bottlenose and Risso’s dolphin and California sea lions should be swimming alongside during lunch on the 95' Dana Pride, the coast’s premier year round whale watching facility, departing from adjacent Newport Harbor.


College Football Frenzy
Are you ready for some football? Some say what happens on a college football field beats NFL play in excitement and intensity. Heisman versus Lombardi? What’s your take? Well, whatever your position on the matter, the season of college tail, toss and tackle is now here in force, and so it is only customary that the Network hosts its Annual Fall College Football Event at The Montage. Come watch the games with us!


Rejuvenate at Spa Montage
Here where mountains and sea converge, Spa Montage draws inspiration from nature to help bring all aspects of your life into artful balance. Their skilled therapists are the artists who will expertly guide your discovery of new personal wellness solutions. Using an array of non-invasive techniques and indigenous botanical products, therapists offer a wide range of massage bodywork, water and bath therapies, facials, wraps and scrubs to deliver cleansing, detoxifying, energizing or relaxing results.

 

Situated on a coastal bluff in the picturesque arts community of Laguna Beach,
Montage Laguna Beach offers a unique mix: the amenities and conveniences of
an ultra luxury beachfront hotel, coupled with the warmth and appeal of a
cozy craftsman-style inn. It’s the ideal Southern California beach resort.

Oceanfront opulence abounds at Montage.
With lush landscaping and pristine white sand beaches,
this is a Laguna Beach resort retreat unlike any other
Southern California beachfront resorts or hotels.
From its gracious craftsman-style architecture and the rugged coastline views
to a multitude of services and amenities, this world-class Laguna Beach resort
offers a masterful mix of nature, art and luxury.