Litigation Management: Coasting Beyond The Chaos
a concentrated curriculum for in-house counsel managing litigation
presented by
the NETWORK of TRIAL LAW FIRMS
- the TRIAL NETWORK -

The Terranea Resort - Rancho Palos Verdes
October 26-29, 2017


CLE Program Agenda

Friday, October 27

9:00a - 9:05a
Opening Statement by the Network Chair
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
 

9:05a - 9:10a
Welcome From The Seminar Chairs
Bobby Hood, Jr. -- Hood Law Firm (Charleston, SC)
Nikki Nesbitt -- Goodell DeVries Leech & Dann (Baltimore, MD)
Larry Rochefort -- Akerman (West Palm Beach, FL)
Amy Sorenson -- Snell & Wilmer (Salt Lake City, UT)

9:10a - 9:30a
THE ART OF PICKING THE WORST POSSIBLE JURY
Jerry Glas -- Deutsch Kerrigan (New Orleans, LA)
It's time for a new voir dire playbook. Trial attorney Jerry Glas shares his tricks for separating lions and lambs, establishing a theme, and discovering bias.

9:30a - 9:50a
FAST & FURIOUS: GEARING UP FOR TRO'S AND PRELIMINARY INJUNCTIONS
Paige Mills -- Bass Berry & Sims (Nashville, TN)
When a client needs a TRO or an injunction or is served with a motion for one, time is of the essence and the success or failure of the ultimate case hangs in the balance. Paige Mills will give you practical tips for quickly and efficiently proving (or disproving) that the moving party has a “substantial likelihood of success on the merits” and that there is a danger of “immediate and irreparable harm.” She will discuss practical guidelines for meeting these challenges and the time crunch they present, as well as a roadmap to avoid the most common pitfalls.

9:50a - 10:50a
PANEL: WHAT KEEPS IN-HOUSE COUNSEL UP AT NIGHT AND WHAT CAN OUTSIDE COUNSEL DO ABOUT IT?
Moderator: David Suchar -- Maslon (Minneapolis, MN)
This panel discussion with experienced in house counsel will explore the most daunting issues facing companies and their gatekeepers, including issues related to compliance, investigations, litigation management, risk management and cost avoidance. Participants will be able to explore concerns, solutions that have worked in practice and the protocol for providing the best client service.

With Discussion By:
Dorothy Capers - National Express
Alfredo Gomez - Guidance Software
Garrett Heenan - UnitedHealth / OptumRx
Scott Hulsey - GE Energy Connections
Daniel Terrell - Stream Energy

10:50a - 11:20a
REFRESHMENT AND COFFEE BREAK

11:20a - 11:40a
DANGEROUS LIAISONS: ETHICAL IMPLICATIONS INHERENT TO FRIENDING YOUR ADVERSARY
Kerri Wright -- Porzio Bromberg & Newman (Morristown, NJ)
Be connected. Be discovered. Be on Facebook. But be careful not to violate the rules of ethics while doing so. Social media is now a mainstream source of discovery in litigation and gone are the days where email alone would get the job done. Every litigator must know how to collect social media during discovery while remaining within the boundaries of the rules of ethics. Trial lawyer Kerri Wright will explore the various ethical considerations for social media in the discovery phase of litigation.

11:40a - 12:00p
TAKING THE BULL BY THE HORNS: DEVELOP COMPELLING, STRATEGIC AND CREDIBLE THEMES THROUGH DISCOVERY RESPONSES
Kevin Clark -- Lightfoot Franklin & White (Birmingham, AL)
Never miss an opportunity to advance the theory of your case. None of us were inspired to go to law school by dreams of crafting objections, answering interrogatories, or reviewing thousands of pages of company records for responsive documents. But the seeds of success start with those initial actions. Helping our clients use these otherwise mundane tools to set the stage for success is some of the best value we can offer. Trial lawyer Kevin Clark will discuss how to strategically leverage the procedural rules and case law governing discovery and good old-fashioned "common sense" to promote your client's themes and simultaneously limit the scope of the plaintiff's fishing expeditions without losing your influence with the court.

12:00p - 12:20p
WHAT EVERY COMPANY NEEDS TO KNOW WHEN SELLING PRODUCTS IN CALIFORNIA: NAVIGATING THE ROUGH WATERS OF CALIFORNIA PRODUCTS REGULATIONS
Sandra Edwards -- Farella Braun + Martel (San Francisco, CA)
You want to sell your products in the 5th largest economy in the world, so how do you ensure they don’t run afoul of some uniquely California issues? This program will focus on aspects of the newly-revised Proposition 65 and TSCA regulations to help you identify potential traps, as well as some of the California-specific product liability claims and strategies used by consumers and their lawyers against manufacturers and suppliers of products in this market.

12:20p - 12:40p
MAKING A FEDERAL CASE OF IT: HOW TO USE THE NEW FEDERAL TRADE SECRETS ACT TO PROTECT YOUR COMPANY’S I.P.
Steve Fogg -- Corr Cronin (Seattle, WA)
Just over a year ago, Congress federalized trade secrets law when it passed the Defend Trade Secrets Act of 2016. Veteran IP trial lawyer Steve Fogg explains how to use this new federal law – and trade secret claims in general – to protect your company, particularly when a company employee leaves for a job with a competitor. Fogg will also explain how trade secrets claims touch upon and in many cases surpass relief traditionally sought with non-compete clauses.

12:40p - 1:00p
STUCK BETWEEN A ROCK AND A HARD PLACE: RESPONDING TO A RULE 45 NON-PARTY SUBPOENA
Scott Etish -- Gibbons (Philadelphia, PA)
Rule 45 subpoenas in which the requesting party seeks extensive information from a non-party, including ESI, can place non-parties in an extremely uncomfortable position. While compliance with Rule 45 subpoenas may force a non-party to incur exorbitant expenses, recently amended Rule 45 includes protections for non-parties that all attorneys should be aware. Trial lawyer Scott Etish will address how to utilize Rule 45 to comply with and object to third-party subpoenas in a cost-effective manner and provide practical advice on seeking to shift costs, including attorneys’ fees, onto the other party.

Saturday, October 28

9:05a - 9:10a
Welcome From The Seminar Chairs
Bobby Hood, Jr. -- Hood Law Firm (Charleston, SC)
Nikki Nesbitt -- Goodell DeVries Leech & Dann (Baltimore, MD)
Larry Rochefort -- Akerman (West Palm Beach, FL)
Amy Sorenson -- Snell & Wilmer (Salt Lake City, UT)

9:10a - 9:30a
TRIAL READY: HANDLING HIGH-VOLUME, LOW-EXPOSURE CASES COST-EFFECTIVELY
Greg Marshall -- Snell ∓ Wilmer (Phoenix, AZ)
When high-volume, limited-exposure litigation consumes a disparate share of company resources, you can be faced with the conundrum of settling meritless litigation out of pragmatism, thereby encouraging more of the same, or defending litigation even when your legal spend exceeds exposure, not to mention the resulting drain on company resources. Snell & Wilmer’s Greg Marshall will describe the “trial-in-a-box” program he recently developed for client to solve this problem, providing a powerful tool for outside defense counsel to efficiently defend lawsuits as if they were “bet the company” cases, while utilizing limited company resources.

9:30a - 9:50a
OFFENSIVE TRADEMARKS - WHAT THE #@$%!
Jennifer Fitzgerald -- Freeborn & Peters (Chicago, IL)
Recently the US Supreme Court ruled that the law forbidding official trademark registration of "offensive trademarks" is an unconstitutional limitation on free speech. Trial lawyer Jennifer Fitzgerald will provide an update on this case and provide insight into the impact it is likely to have on cases like the NFL's Washington Redskins as well as the impact it will have of trademark registration generally.

9:50a - 10:50a
PANEL: EFFECTIVE LEGAL PROJECT MANAGEMENT
Moderator: Tony Rospert -- Thompson Hine (Cleveland, OH)
In-house counsel are seeking new ways to manage expenses, improve predictability of cost, improve litigation outcomes and improve the perceived value of the legal department. Legal Project Management (LPM) offers an innovative approach to meet these objectives. In this session, we will focus on project management objectives, an overview of the LPM process, and discuss the six key components of LPM to cost effectively and efficiently handle litigation matters.

With Discussion By:
Marjorie Conner - Davey Tree Expert Company
Mark Dietz - DHL Express USA
Jeffrey Sabatine - Forest City Realty Trust
Name Name - Firm (City, ST)

10:50a - 11:20a
REFRESHMENT AND COFFEE BREAK

11:20a - 11:40a
CLASS ACTIONS: SUCCESSFULLY NAVIGATING THIS COMPLEX AND HIGH-RISK LANDSCAPE
Stephanie Douglas -- Bush Seyferth & Paige (Troy, MI)
More than half of all companies will find themselves in the cross-hairs of a class action. But there is an arsenal of strategies available to defendants to avoid certification and minimize risk. Trial lawyer Stephanie Douglas guides you to navigate the complex landscape of class actions using trends in litigation, updates from the Supreme Court, and stories from the trenches.

11:40a - 12:00p
BURSTING THE BUBBLE - SUCCESSFUL STRATEGIES FOR CHALLENGING INFLATED MEDICAL EXPENSES
Terry Brantley -- Swift Currie (Atlanta, GA)
Oftentimes plaintiffs use medical expenses to provide a floor, or perhaps a multiplier, for the requested compensatory damages award. This strategy, coupled with the large disparity between the amount billed and the amount paid for medical expenses, makes it critically important to understand the application of the collateral source rule and, thereby, minimize the amounts recoverable as medical expenses. Trial lawyer Terry Brantley will address how different jurisdictions handle the billed versus paid debate, and identify emerging legal defenses in “billed” states.

12:00p - 12:05p
Special Presentation by the Network Vice-Chair
Jerry Glas -- Deutsch Kerrigan (New Orleans, LA)
 

12:05p - 12:10p
Closing Statement (before Break-Outs) by the Network Chair
Jessie Zeigler -- Bass Berry & Sims (Nashville, TN)
 

12:10p - 1:10p
LITIGATION MANAGEMENT BREAK-OUT SESSIONS

SESSION A: FINANCIAL STATEMENT DISCLOSURE OF LITIGATION RISKS - CONSIDERATIONS FOR IN-HOUSE COUNSEL
Moderator: Tom Myrick -- Moore & Van Allen (Charlotte, NC)
Room: Point Vicente 1

To what extent do litigation risks need to be disclosed in financial statements? Recently, the SEC has been pushing an aggressive litigation strategy in pursuit of its policy of compelling registrants to accelerate loss contingency disclosures. In SEC v. RPM International, Inc., No. 16-01803 (D.D.C. filed Sept. 9, 2016), the agency filed against RPM International, Inc. and its General Counsel, alleging the failure to disclose a material loss contingency and to record an accrual as a result of the filing of a qui tam complaint against RPM and a resulting Department of Justice investigation. In this session, we will explore the impact of the RPM case and its implications for in-house counsel.

Discussion Group Leaders:
Name Name - Company/Firm
Name Name - Company/Firm
Name Name - Company/Firm
Name Name - Company/Firm

SESSION B: IN-HOUSE COUNSEL FACING THE CHALLENGES OF CHALLENGING TIMES
Moderator: Roger McCleary -- Parsons McEntire McCleary & Clark (City, TX)
Room: Point Vicente 2

In light of increasing reporting requirements, decreasing budgets and intensifying scrutiny from management, how do in-house counsel economically and effectively handle litigation along with the myriad of their other responsibilities? In this interactive session, in-house colleagues across various industries will discuss and share their experiences, tips and techniques for navigating the ever-changing waters of in-house practice during these challenging times. Topics covered will include challenges facing in-house counsel, successfully managing litigation on reduced budgets, and best practices to improve efficiencies and outcomes.

Discussion Group Leaders:
Sarah Teachout - Trinity Industries
Scott Ewing - Trinity Industries
Name Name - Company/Firm
Name Name - Company/Firm

SESSION C: LITIGATING ON A BUDGET - NOT BETTING THE COMPANY
Moderator: Jim Miller -- Akerman (Miami, FL)
Room: Point Vicente 3

Not every case is “bet the business.” Yet many cases are managed by both outside counsel and in-house counsel as if they were. Early case evaluation includes determining what’s at stake and establishing a realistic budget and scope for the case. Not every claim or defense needs to be asserted, not every deposition needs to be taken, and not every motion needs to be filed. This session will explore methods for limiting the scope of the litigation in order to minimize time and expense and maximize the outcome.

Discussion Group Leaders:
Jessie Zeigler - Bass Berry & Sims (Nashville, TN)
Barbara Heim - Sunbelt Rentals
Roger Franks - KLX
Name Name - Company/Firm

SESSION D: LITIGATION MANAGEMENT
Moderator: Molly Craig -- Hood Law Firm (Charleston , SC)

Room: White's Point 1,2

Discussion Group Leaders:
Name Name - Company/Firm
Name Name - Company/Firm
Name Name - Company/Firm
Name Name - Company/Firm

Online Registration



Agenda and Activities

Thursday, October 26 -- 7:00p
Opening Reception and Dinner -- Location: Catalina Terrace

Thursday, October 26 -- 10:00p
Hospitality Suite - Channel Islands Suite

Friday, October 27 -- 8:00a
Registration / Continental Breakfast - Catalina Terrace

Friday, October 27 -- 9:00a
CLE SuperCourse Day 1 Begins - Catalina Room

Friday, October 27 -- 1:00p
CLE SuperCourse Day 1 Concludes

Friday, October 27 -- 1:30p
Afternoon Activities - Kayaking, Paddleboarding, Nature Hike, Golf Tournament, Tennis, Spa

Friday, October 27 -- 7:00p
Dinner -- Point Terrace

Friday, October 27 -- 10:00p
Hospitality Suite - Channel Islands Suite

Saturday, October 28 -- 8:00a
Registration / Continental Breakfast - Catalina Terrace

Saturday, October 28 -- 9:00a
CLE SuperCourse Day 2 Begins - Catalina Room

Saturday, October 28 -- 1:10p
CLE SuperCourse Day 2 Concludes

Saturday, October 28 -- 1:30p
Afternoon Activities - Whale Watching Boat Cruise, Biking, College Football in the Channel Islands Suite, Spa

Saturday, October 28 -- 7:00p
Closing Night Dinner - Point Terrace

Saturday, October 28 -- 10:00p
Hospitality Suite - Channel Islands Suite