Trial Tactics for Today and Tamaya
2025
April 24 - 27
Hyatt Regency Tamaya Resort
Santa Ana Pueblo, NM
 

Program Agenda

  • Thursday April 24, 2025
  • Friday April 25, 2025
  • Saturday April 26, 2025
6:00p

Welcome Cocktail Reception and Dinner at the Oxbow Pool

9:00p

Hospitality Suite in the Tuquoise Room

7:00a

Sunrise Yoga in the Sunrise Amplitheatre

7:00a

Breakfast and Program Registration

Tony Rospert

Tony Rospert

Thompson Hine
Ohio
8:30a

Opening Statement by The Trial Network Chair

8:35a

Welcome from the Seminar Chairs

Katheleen Ehrhart

Katheleen Ehrhart

Smith Gambrell Russell
Illinois (Northern)
8:40a

All Hail Judge HAL 9000

Although the use of AI tools by litigants has been scrutinized extensively, we cannot lose sight that the courts—from administrators to law clerks and judges—are also using AI. This presentation will include a demonstration of how AI tools can analyze legal briefs, assess argument strengths and weaknesses, and potentially predict (or generate!) outcomes. It will further explore current and recommended court policies on AI.

Adam Stephens

Adam Stephens

Miller Thomson
Canada
9:00a

Canadian Litigation 101

With the Trial Network’s recent expansion into Canada, it’s time to learn the fundamentals of litigating in the Great White North, including the legal traditions, procedural framework, and substantive law. This session will highlight major distinctions between litigating in Canada and the United States, from procedures to costs and appeal mechanisms, and will equip attendees with a clear understanding of challenges and considerations when navigating disputes in Canada.

Lauren Fisher White

Lauren Fisher White

Christian & Barton
Virginia
9:20a

“Some Harm” Carries Many Risks: Adverse Employment Actions After Muldrow v. City of St. Louis

In Muldrow v. City of St. Louis, the U.S. Supreme Court turned decades of precedent on its head when it held that an employee need only demonstrate “some harm” to establish an adverse employment action in a sex discrimination claim under Title VII, making it easier to pursue such claims. This session will consider the impact of this decision one year after it was handed down, including the expansion by some courts to disability and age discrimination claims, and will highlight employer strategies for reducing risk in this employee-friendly landscape.

Neil Westesen

Neil Westesen

Crowley Fleck
Montana
9:40a

Clean Up Your Act: A Closer Look at Held v. Montana

In December 2024, the Montana Supreme Court looked to the state’s constitutional guarantee of “a clean and healthful environment” when it ruled in Held v. Montana that state agencies are required to consider greenhouse gas emissions when permitting coal, gas, oil, and other projects. The court also declared any contrary statutes in the Montana Environmental Policy Act to be unconstitutional. This session will review this unique case, which was filed by children and teens against the state, governor, and state agencies, and consider its broader implications.

10:00a

Refreshment Break

Vito Gagliardi, Jr.

Vito Gagliardi, Jr.

Porzio Bromberg & Newman
New Jersey
10:20a

The Heat Is On: Best Practices in Crisis Response

Imagine this: you’re managing a high-stakes, time-sensitive matter, and a media firestorm is about to erupt – but your client doesn’t have a PR team on standby. Using a compelling case study, this session will explore the legal, practical, and ethical challenges of crisis response and management. Attendees will gain actionable strategies for protecting client interests, controlling the narrative, and navigating complex ethical considerations under intense public scrutiny.

Jake Lantry

Jake Lantry

Campbell Conroy & O’Neil
Massachusetts
10:40a

Panel - Tales from the Crypt: Effectively Using Jury Research to Bolster Your Case

Effective jury research is a crucial tool in trial preparation, helping attorneys understand how jurors perceive arguments, themes, and witnesses. This panel will explore the strategic use of jury research to refine case strategies, assess persuasive themes, and evaluate witness credibility. Attendees will gain practical insights on structuring case presentations, selecting presenters, and leveraging mock deliberations to strengthen trial presentations.

10:20a

Gather Lunch for Breakout Sessions

Andriy Lytvyn

Andriy Lytvyn

Hill Ward Henderson
Florida
11:30a

Breakout A - Your Patent Infringement Lawsuit Checklist

Any company—regardless of industry or size—can unexpectedly face a patent infringement lawsuit, even without knowingly infringing a patent. Patent litigation is complex and can threaten a business’s viability due to reputational harm, mounting legal fees, and potential exposure to multimillion-dollar damages, which plaintiffs often exploit to secure quick settlements. This breakout is designed to help non-patent attorneys navigate these challenges by providing a practical checklist for evaluating infringement claims, assessing risk levels, and determining the most effective response strategy.

Juan Ramirez

Juan Ramirez

Wheeler Trigg O’Donnell
Colorado
11:30a

Breakout B - Defending Biometric Information Privacy Act Class Actions

Illinois was the first state to enact the Biometric Information Privacy Act (BIPA), a law that regulates the collection, use, and storage of biometric identifiers such as fingerprints, facial scans, and retinal data. Since its enactment in 2008, BIPA has been the subject of significant legal activity, with an increasing number of businesses facing litigation, including class action lawsuits, for alleged noncompliance. This breakout will guide attendees through a comprehensive overview of BIPA, key legal developments, and offer practical defense strategies for businesses navigating this evolving regulatory landscape.

Derek Stikeleather

Derek Stikeleather

Goodell DeVries Leech & Dann
Maryland
11:30a

Breakout C - The Hidden Psychology of Numbers

We often assume that judges are rational decision-makers who can objectively assess facts and disregard irrelevant information. However, research on judicial decision-making consistently reveals that they are just as vulnerable to psychological influences—numbers, in particular—as anyone else. In this eye-opening breakout, participants will discover how numerical psychology can distort factual analysis, how plaintiffs’ attorneys strategically leverage these cognitive biases to inflate case values, and what can be done to counteract these tactics in litigation.

Roman Lifson

Roman Lifson

Christian & Barton
Virginia
11:30a

Breakout D - Expert Witness or Open Book? Combatting Overreach in Independent Medical Examiner Financial Discovery

Physicians conducting independent medical exams often work with multiple entities and insurers. Opposing parties in litigation frequently seek to discover physicians’ personal financial information beyond the scope of Federal Rules 26 and 35, arguing that disclosure is necessary to explore bias. This breakout will examine key court decisions, including a recent federal case, that weigh the right to cross examination and an expert’s right to privacy; implications of excessive disclosure demands; and strategies for avoiding disputes when selecting an examiner.

1:00p

Afternoon Recreation: Golf Tournament, Horseback Riding, Sandia Tram, Mountain Biking, Tent Rocks Hike, Jewelry Class, Wine & Watercolor

6:00p

Cocktails and Dinner at the Oxbow Pool

9:00p

Hospitality Suite in the Tuquoise Room

7:00a

Sunrise Yoga in the Sunrise Amplitheatre

7:00a

Breakfast and Program Registration

8:30a

Welcome Back from the Seminar Chairs

Joshua Metcalf

Joshua Metcalf

Forman Watkins & Krutz
Mississippi
8:40a

From Bitcoin to BitCons: An Update on All Things Crypto

The past few years have been a whirlwind for cryptocurrencies, smart contracts, NFTs, and the metaverse. The global cryptocurrency market cap has plunged from $2T to $1T—only to rebound past $4T. We’ve witnessed SEC enforcement actions, high-profile bankruptcies, fraud convictions, and now Bitcoin soaring past $100,000. With a new administration expected to take a more crypto-friendly approach, optimism is growing for a meaningful regulatory framework and even a possible national Bitcoin reserve. As the industry gears up for massive growth in 2025 and beyond, this session will highlight the key wins, setbacks, and emerging trends, with a special focus on cryptocurrency litigation.

Michelle Byers

Michelle Byers

Campbell Conroy & O’Neil
Massachusetts
9:00a

ETHICS: Social Media Is Your Frenemy: Trial Risks and Ethical Pitfalls

Social media can be a powerful asset in defending litigation claims—but it can also be a liability. This session will explore the ethical use of social media for jury research and witness preparation, including authentication of online posts. It will also address the risks posed by the social media activity of lawyers, experts, and defense witnesses, and explore how social media can influence relationships with the court, opposing counsel, and adverse parties. Attendees will learn strategies for setting appropriate boundaries and managing digital footprints to ensure social media doesn’t become a threat to their client’s case.

Gabe Wohl

Gabe Wohl

Bowles Rice
West Virginia
9:20a

ETHICS: Navigating Attorney-Client Privilege in the Age of AI

A clear understanding of attorney-client privilege is crucial for determining what is and is not discoverable, yet misconceptions about its scope can lead to unintended breaches. As legal technology evolves, integrating AI and generative AI into practice presents new challenges in maintaining confidentiality. This session will examine the boundaries of attorney-client privilege, common pitfalls that jeopardize its protection, and best practices for preserving privilege while leveraging emerging technologies.

Tom Feher

Tom Feher

Thompson Hine
Ohio
9:40a

ETHICS: AI in the Courtroom: Risks, Rules, and Guidance

Artificial intelligence offers cutting-edge advantages and benefits, but it also raises complicated questions implicating professional ethics. As AI tools become more prevalent in legal research, case strategy, and courtroom advocacy, lawyers must navigate evolving ethical considerations to ensure compliance with professional standards. This session will explore the ethical rules, risks, and responsibilities associated with using AI in litigation, including ABA guidance.

10:00a

Refreshment Break

Mark Clark

Mark Clark

Parsons McEntire McCleary
Texas
10:20a

Insurance Litigation Risks in a New World Order

Rising public hostility toward health insurers now extends to commercial insurers, fueled by media coverage that portrays routine declaratory judgments over technical policy terms as dramatic denials of policyholder rights. The news positions insurers as villains and emboldens policyholders to push for questionable claims. This presentation will examine this shifting landscape, its potential impact on judicial outcomes, and strategic approaches for litigating coverage disputes in an era of heightened scrutiny and public skepticism.

Roger Meyers

Roger Meyers

Bush Seyferth
Michigan
10:40a

Panel - Arbitration Under Siege: Navigating the Latest Legal and Strategic Challenges in Class Action Litigation

Arbitration remains a pivotal issue in class action litigation, where individualized defenses can eliminate entire states from a case. Gone are the days of securing dismissal – sometimes late in discovery – by invoking arbitration. Restrictive case law is making it harder to compel arbitration, and plaintiffs’ firms are fighting arbitrability more aggressively than ever. At the same time, defendants face growing challenges, from preclusion risks to the rise of mass arbitration, where winning the forum battle no longer guarantees success. This panel will examine the latest legal developments and emerging strategies.

Tony Rospert

Tony Rospert

Thompson Hine
Ohio
11:20a

Closing Argument by The Trial Network Chair

11:25a

Gather Lunch for Breakout Sessions

Sean Gugerty

Sean Gugerty

Goodell DeVries Leech & Dann
Maryland
11:30a

Breakout A - “Worthless” Claims for Big Money: Defending Against the Surge of Non-Injury Class Actions

Manufacturers are facing a massive increase in non-injury class actions, where plaintiffs claim that everyday consumer products—ranging from over-the-counter goods to household essentials—were misleadingly labeled or ineffective, rendering them “worthless” or “worth less.” Plaintiff firms are aggressively pursuing these cases, eyeing lucrative fees if they can secure statewide or nationwide class certification. This breakout will equip participants with strategies to combat this growing litigation threat at every stage, from early dismissal efforts to defeating class certification and beyond.

Dave Poston

Dave Poston

11:30a

Breakout B - The Future of ESG - Managing Reputational and Legal Risk

Backlash is growing against environmental, social and governance (ESG) programs in every economic sector, with mounting calls for boycotts by social media activists, and civil rights and shareholder lawsuits filed by legal activists. From automotive industry giants like Ford to technology leaders like Microsoft, companies are publicly abandoning or “restructuring” DEI initiatives. Some law firms have even faced litigation for their DEI programs following the Supreme Court’s decision in Students for Fair Admissions v. Harvard. This breakout will consider how corporations and law firms should balance their culture and values with legal and reputational risk.

Sandy Hooper

Sandy Hooper

Lightfoot Franklin & White
Alabama
11:30a

Breakout C - Exposing Litigation Funding Schemes: Strategies for Discovery and Trial

In personal injury cases, plaintiffs who reach maximum medical improvement (MMI) are often directed to third-party litigation funding companies to finance medical treatment that is often unnecessary and exorbitantly priced. These lenders contract with medical providers who bill undiscounted rates, anticipating repayment at steep discounts upon settlement, allowing for inflated compensatory damage claims. This breakout will share practical strategies for uncovering litigation funding arrangements, demonstrating their role in inflating damages, and turning key evidence into admissible material to expose these schemes at trial.

Kelly Sheridan

Kelly Sheridan

Corr Cronin
Washington
11:30a

Breakout D - Reverse the Curse: Using “Reverse FOIA” Litigation to Protect Trade Secrets

The Freedom of Information Act (FOIA) and similar state laws are vital tools for government transparency and accountability. However, these public disclosure laws are increasingly being exploited by companies seeking to gain an unfair advantage in the competitive bidding process by accessing their rivals’ trade secrets. This breakout will explore how savvy practitioners can leverage “Reverse FOIA” lawsuits to safeguard their clients’ trade secrets.

1:00p

Afternoon Recreation: Horseback Riding, Trip to Sante Fe, Mountain Biking, Line Dance Instruction, Jewelry Class, Pottery Class

6:00p

Closing Night BBQ Dinner and Hoedown at Cottonwoods

9:00p

Hospitality Suite in the Turquoise Room