Managing Litigation Today: The New Roaring 20’s
2020
April 30 - May 3
Eau Palm Beach
Manalapan, FL
  • Thursday April 30, 2020
  • Friday March 1, 2020
  • Saturday May 2, 2020
7:00 PM - 10:00 PM

Welcome Reception and Dinner at the Courtyard Pool

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10:00 PM - 11:59 PM

Hospitality Suite in the La Coquille Club

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7:30 AM - 8:30 AM

Sunrise Yoga at the Courtyard

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7:30 AM - 9:00 AM

Breakfast and Program Registration

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9:00 AM - 9:10 AM

Opening Statement from the Network Chair and Welcome from Seminar Chairs

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Cabell Clay

Cabell Clay

Moore & Van Allen
North Carolina
9:10 AM - 9:30 AM

Navigating Sex, Gender, and Orientation Discrimination in the Workplace

Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate against an individual on the basis of sex. Employers are now addressing the modern-day definition of “basis of sex” to include gender identity and sexual orientation. This session explores the status and compliance of murky workplace discrimination laws and will discuss the three cases that are currently before SCOTUS.

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Michael Williams

Michael Williams

Bush Seyferth
Michigan
9:30 AM - 9:50 AM

How to Win Friends (Maybe) and Influence Courts

In court (and in the TV drama Law and Order series), opposing counsel may believe they can advance their clients’ positions by utilizing antagonistic approaches, inflammatory accusations and insults. This session offers examples of opposing counsel tactics from recent cases, discusses strategies for neutralizing such difficult behavior, and offers tools on how to flip to your client’s advantage.

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Tony Rospert

Tony Rospert

Thompson Hine
Ohio
9:50 AM - 10:10 AM

Lion or Lamb? Trial Lawyers and Mediation Advocacy Skills

Some believe that the attributes needed to effectively mediate are opposite to those necessary to attain success as a trial lawyer.  This session debates that the characteristics and skills that produce successful trial lawyers also create effective advocates in mediation, and that in-house counsel would be shrewd to use trial lawyers in mediations.

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Ashley Webber

Ashley Webber

Swift Currie McGhee & Hiers
Georgia
10:10 AM - 10:50 AM

PANEL: Mediator Selection

Who is the best mediator for this case – with this plaintiff, this defendant, against this attorney in this jurisdiction? How do you make that determination? And, once there, how do you take charge and control the mediation? In this panel. Ashley Webber and Denia Aiyegbusi will share best practices for the selection and the most effective use of mediators. The session will include examples from a variety of cases, venues and damages claimed, including how to deal with opposing attorneys and rouge mediators.

 

Panelists:

Denia Aiyegbusi (Deutsch Kerrigan)

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10:50 AM - 11:20 AM

Refreshment and Coffee Break

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Kathleen Burns

Kathleen Burns

Nixon Peabody
Massachusetts
11:20 AM - 12:00 PM

PANEL: Moving the Needle on Diversity & Inclusion: Getting Your Legal Team to be More Reflective

Diversity and inclusion efforts and discussions over the past decade have unfortunately yielded limited results in recruiting, retaining and promoting diverse talent, including racial and ethnic minorities, women, LGBTQ individuals, veterans and individuals with disabilities. This panel focuses on how leaders in law firms and in-house counsel can successfully move the diversity needle by utilizing a variety of initiatives such as the Mansfield Rule, unconscious bias training, mentoring and sponsorship, and other programs.

 

Panelists:

Keneisha Miller (7-Eleven)
Kim Murphy (7-Eleven)
Ashley Hardesty Odell (Bowles Rice)
Kevin Withane (TI Fluid Systems)

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Scott Etish

Scott Etish

Gibbons
Pennsylvania
12:00 PM - 1:00 PM

ROUNDTABLE TRACK A: Staying Afloat in the Ever Changing Sea of Artificial Intelligence

Lawyers have an affirmative ethical responsibility to abide by the ABA Model Rules of Professional Conduct to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” This presentation explores recent technology advancements affecting the legal industry, including vendor delivery models that offer cost reduction and greater flexibility in interacting with case data; and new tools that reshape traditional linear document review. Discussion also addresses the potential use of technology advancements in offering defenses to motions for sanctions for spoliation.

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Patti Prezioso

Patti Prezioso

Porzio Bromberg & Newman
New Jersey
12:00 PM - 1:00 PM

ROUNDTABLE TRACK B: Stacking the Deck for Success in an Employment Claim

As we have seen in the media, employment claims can prove detrimental to a company’s reputation, especially with the growing numbers of claims and individual state legislation potentially limiting the availability of confidential settlements. This track offers solutions on how to best protect your company’s brand and reputation with tools and resources already available within your company, It also presents how gathering accurate information in investigations and securing admissible evidence can set the stage for your best assessment and litigation strategy, including improving your position in settlement negotiations, building points for leverage, and if necessary, taking your case to trial.

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David Gustman

David Gustman

Freeborn & Peters
Illinois (Northern)
12:00 PM - 1:00 PM

ROUNDATBLE TRACK C: What You Need to Know to Keep Your Clients Protected from Costly Civil and Criminal Antitrust Exposure

The Department of Justice showcased 41 cases of antitrust filed in 2019 covering a variety of industries throughout the country, including both civil and criminal cases.This track addresses the basic issues and approaches to protecting clients from costly antitrust litigation and criminal investigation, as well as the importance of compliance and training programs. The session also tackles and offers solutions to real world issues such as when competitors engage at a trade show and the creation of documents that might be misinterpreted.

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Scott O’Connell

Scott O’Connell

Nixon Peabody
Massachusetts
12:00 PM - 1:00 PM

ROUNDTABLE TRACK D: What to Do if Your Company is Raided by ICE?

US Immigration and Customs Enforcement (ICE) has increased worksite operations considerably under the current administration. This means that any company can be audited for employment compliance and verification at any time and potential criminal and civil liability may result from such investigations. This panel of experts, including the former acting Director of ICE and former acting General Counsel for the Department of Homeland Security, discusses best practices for managing risk and what to do if ICE knocks on your door.

 

Discussion Leaders:

John Sandweg (Nixon Peabody)

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1:00 PM - 1:45 PM

Group Lunch

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2:00 PM - 5:00 PM

Activities: Golf Tournament, Worth Ave Shuttle, SUPs and Kayaking, Segway Tour, Nature Hike

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6:00 PM - 6:30 PM

Buses Board for Dinner

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7:00 PM - 10:00 PM

Roaring 20's Dinner and Dancing at the Flagler Mansion

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10:00 PM - 11:59 PM

Hospitality Suite at the La Coquille Club

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7:30 AM - 8:30 AM

Sunrise Yoga at the Courtyard

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7:30 AM - 9:00 AM

Breakfast and Program Registration

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9:00 AM - 9:10 AM

Welcome Back from the Seminar Chairs

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Nikki Nesbitt

Nikki Nesbitt

Goodell DeVries Leech & Dann
Maryland
9:10 AM - 9:30 AM

The Legal “High”-Lights of Drone Technology

According to a Wall Street Journal report, the history of non-military drone use began in 2006. From photography to delivery to surveillance, drones are now performing functions that previously required human interface. This session discusses the increased use of this automated technology and the fascinating considerations of liability exposure to the entities operating the drones.

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David Suchar

David Suchar

Maslon
Minnesota
9:30 AM - 9:50 AM

SAY WHAT? Modern Communication Tools and a Lawyer’s Ethical Obligations

In a 2019 “State of Texting” report, 39% of those surveyed stated that their businesses use texting to communicate with clients because of low email open rates due to cluttered inboxes or spam catchers.  Additionally, some clients prefer communicating via text or email over phone calls. This session addresses a lawyers’ ethical obligations when utilizing such communication tools and includes a discussion on types of problematic texts/emails as well as the challenges for marketing and communicating through social media.

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Hugh Gottschalk

Hugh Gottschalk

Wheeler Trigg O’Donnell
Colorado
9:50 AM - 10:10 AM

Climate Change Litigation: The New Battleground

Climate change is the preeminent scientific and political issue facing the world today. This crisis is now a battle in the courtroom, since various large municipalities have filed nuisance and trespass claims against multi-national oil companies in several lawsuits around the country. The municipalities allege that these oil companies contributed to global climate change, requiring them to invest in infrastructure to avoid the impacts. This session covers one of leading cases in the country involving Suncor Energy and provides insights concerning the use of litigation to combat climate change, issues and arguments that are being presented to the courts, and recovery of damages.

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Lisa Rivera

Lisa Rivera

Bass Berry & Sims
Tennessee
10:10 AM - 10:50 AM

PANEL: Having 2020 Vision into the Government’s Investigation of Your Company

In 2019, the Department of Justice (“DOJ”) commenced antitrust investigations into the big four tech companies: Apple, Google, Facebook and Amazon. In 2020, government investigations will continue to be a major challenge for corporate America. This panel, led by a former DOJ attorney, guides you through the government’s current areas of focus and thought processes, as well as offers tactics for each step of the investigations to be used to a company’s advantage. Discussion will include best practices for maintaining privileges and handling qui tam actions.

 

Panelists:

Steve Petrovich (Ardent Health Services)

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10:50 AM - 11:20 AM

Refreshment and Coffee Break

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Robert Shimberg

Robert Shimberg

Hill Ward Henderson
Florida
11:20 AM - 11:40 AM

After the Cyber-Attack – From Internal Investigation to Potential Litigation Strategies

Large and small companies fell victim to cyber-attacks on an almost daily basis in 2019. Some of the more well-known companies infected included Disney, Facebook, Evite, Capital One and Macy’s. This segment takes us on a journey from the immediate aftermath of a cyber-attack to potential litigation strategies. It covers the scope of the attack; critical assessments on whether customer and/or government agency notice is required; determination on the branches of law enforcement best suited to notify; communication to employees, customers, and the media; and establishment of activities that may give rise to potential regulatory action or individual class lawsuits, and how to mitigate potential losses.

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Sushila Chanana

Sushila Chanana

Farella Braun + Martel
California (Northern)
11:40 AM - 12:00 PM

Privacy Please: California’s New Consumer Privacy Act and Related Data Breach Laws

In today’s data-driven environment, smart businesses are collecting consumer data for various strategic initiatives. Companies conducting business in California should be cognizant of and in compliance with the multiple intersecting California privacy and data breach laws including the existing Data Breach Notification Law and the new California Consumer Privacy Act (CCPA). This session provides an overview of the relevant laws and defines opportunities to mitigate risk to maximize the benefit of the consumer data that companies collect. Topics also include California’s definition of personal information, appropriate usage and strategies for compliance, and penalties/exposure for failure to comply.

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12:00 PM - 12:05 PM

Closing Argument from the Network Chair

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Todd Williams

Todd Williams

Corr Cronin
Washington
12:05 PM - 1:05 PM

ROUNDTABLE TRACK A: Recent Trends in Non-Compete Enforcement: Employee Mobility on the Rise

The interpretation and enforcement of employee non-compete clauses continues to evolve around the country with new landmark legislation and court decisions. Recently, Massachusetts’ courts indicated that the reforms passed last year may not be as radical as originally envisioned; Washington State passed a broad new law barring the general use of restrictive covenants; and a Colorado court supported the trend against “blue line” clauses to allow courts to reform otherwise unenforceable agreements. The general trend towards increased employee mobility continues with certain notable exceptions. This interactive session covers highlights from recent cases and new legislation around the country.

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Henry Willett

Henry Willett

Christian & Barton
Virginia
12:05 PM - 1:05 PM

ROUNDTABLE TRACK B: ERISA — Denial of Benefit Claims in Employer Sponsored Plans

Employer-funded insurance plans are becoming more popular as they can offer better flexibility and cost-savings to companies, however, they must be designed in a way to minimize litigation risk. This session offers best practices in plan design and covers the three critical phases of denial of benefits claims involving these plans under ERISA. The discussion will also address strategies for handling internal administrative appeals in order to protect administrative records. and will conclude with a discussion of litigation avoidance and how best to position a case for summary judgment.

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Chips Pruet

Chips Pruet

Lightfoot Franklin & White
Alabama
12:05 PM - 1:05 PM

ROUNDTABLE TRACK C: Advice to Transactional Lawyers by Trial Lawyers in Drafting Contracts

Business deals go south for all kinds of reasons, many of which are unforeseeable and could not have been averted no matter how carefully a deal was designed and documented. By the same token, there’s likely many situations in which one party would leap at the opportunity to rewind the clock back to when a contract was first being drafted. In many scenarios, broken deals result in contract disputes. This interactive track engages trial lawyers to offer insight for drafting and negotiating contracts to succeed in a litigation context.

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Tony Lathrop

Tony Lathrop

Moore & Van Allen
North Carolina
12:05 PM - 1:05 PM

ROUNDTABLE TRACK D: Driving Blind?: How Transportation Tech Disruptors Will Impact Litigation Dockets

Technology innovation continues to “map” out a new legal landscape within the transportation industry. Forks in the road include the boundaries of the traditional employment relationship, the constructs governing liability and insurance coverage of car automation, disputes regarding property access, notions of mobile privacy and data security, and the increasing pressure on governments to modernize the transportation infrastructure. This track explores these and other areas of the law that may be challenged by the disruption of transportation technology.

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1:05 PM - 1:50 PM

Group Lunch

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2:00 PM - 5:00 PM

Activities: Sail and Snorkel, Worth Ave Shuttle, Bicycling

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7:00 PM - 10:00 PM

Closing Night Reception and Dinner at the Courtyard Pool

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10:00 PM - 11:59 PM

Hospitality Suite in the La Coquille Club

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