2007 Section Annual Conference (San Antonio, TX)

The documents below are written materials from the 2007 Section Annual Conference, April 11-14, 2007 in San Antonio, TX. All files are available in PDF format unless otherwise noted. ( ) Please note: You must be a Section of Litigation member and be logged in to access the materials.

Enron: Trying the Corporate Case of the Century

• »  Enron: Navigating the Civil Side of the Corporate Case of the Century
• »  The Perils Of Dismissing Enron As “Different”

Complex Cases from Mars v. Jurors from Pluto

• »  Fear and Loathing on the Witness Stand

The Government v. Attorney-Client Privilege

• »  Attorney-Client Relationship Still Under Attack: The Impact of the McNulty Memo

Protecting Your Business’s Business

• »  Remedies for Trade Secret Misappropriation
• »  Who Owns the Code?: Collaboration in Software Development While Protecting Your Legal Rights
• »  Trade Dress as a New Battleground in Efforts to Protect Marketing Concepts: Hooters of America, Inc. v. WingHouse of Florida

Corporate Internal Investigations

• »  Corporate Internal Investigations: What You Want to Know – But Are Afraid to Ask

Key Trends and Issues in 2007 for Employment Litigation

• »  How to Retaliate After Burlington Northern & Santa Fe Railway Co. v. White
• »  Key Trends in 2007 in FLSA Litigation

When a Key Player Defects: Strategies for Winning the Trade Secret/Non-Compete Case

• »  Trade Secrets and Non-Competes in Texas
• »  When a Key Player Defects … Winning Strategies in Non-Compete and Trade Secret Litigation

Battling Counterfeiting in the 21st Century

• »  The Stop Counterfeiting in Manufactured Goods Act: Tools for Practitioners and Defending Counterfeiting Claims
• »  Microsoft Corporation v. Tan Lien

In the Zone

• »  Potential Liability For Deepening Insolvency and Breach of Fiduciary Duty To Creditors

Leadership Skills

• »  Leadership Skills: Developing the Right Stuff

Better Responses to Future National Crises

• »  Children’s Rights Litigation Committee Subcommittee on “Rule of Law in Time of Calamity” Project Outline

International Antitrust Litigation and Enforcement

• »  International Antitrust Litigation and Enforcement
• »  Damages Actions for Breach of the EC Antitrust Rules
• »  European Communities on Damage Actions for Breaches of EU Antitrust Rules
• »  Towards an International Framework of Competition
• »  Best Practices on Cooperation in Merger Investigations
• »  Intel Corp. v. Advanced Micro Devises, Inc.
• »  Brief for the United States as Amicus Curiae Supporting Affirmance
• »  Brief for the European Communities as Amicus Curiae in Support of Petitioner
• »  F. Hoffman-La Roche Ltd. Et al. v. Empagran S.A. et al.

Is It a New Era for “Gate Keeping” In Toxic Torts?

• »  Betwix and Between – How Frye May Be Starting to Look More Like Daubert in Toxic/Mass Tort Cases

Privacy Buttons: What’s Being Pushed at the FTC and the Private Sector

• »  Privacy and Information Security for Financial Institutions
• »  Internet Data Brokers and Pretexting: Who has Access to Your Private Records?

Putting Lawyers on the Defensive: When Law Firms Get Indicted

• »  ABA Task Force Report on Attorney-Client Privilege

When Law and Technology Collide: Trespass in the Oil Patch

• »  Excerpts from Respondents Brief
• »  Petitioners’ Brief on the Merits
• »  Petitioners’ Reply Brief
• »  Exhibit A
• »  Exhibit B
• »  Exhibit C
• »  Exhibit D & E

Writing a Winning Legal Argument

• »  Writing a Winning Legal Argument: What to Do and What Not to Do

First Amendment in Times of War and Peril

• »  First Amendment In Times Of War and Peril: Is the Media Picking the Wrong Battles?

Litigation:  Are You Managing the Process or Is the Process Managing You?

• »  The Care and Feeding of Inside Counsel
• »  In-House Top 10

The Next Frontier - Federal Rules Changes to E-Discovery

• »  Help Has Arrived…Sort Of: The New E-Discovery Rules

One Size Does Not Fit All: Cross-Examination Styles for Problem Witnesses

• »  “Killer Cross” Excerpted from “The Trial Lawyer: What It Takes To Win”

Visually Projecting Winning Arguments

• »  Using Graphics to Persuade: 3 Steps to Clarity and Focus

E-Discovery:  Challenges for Counsel and the Expert’s Dilemmas

• »  Experts and the E-Discovery Problem

Me and My Shadow: Communication between Experts, Attorneys and Graphics Artists

• »  Using Demonstrative Evidence with Expert Witnesses

Timing Is Everything

• »  Timing is Everything:  The Civil, Regulatory and Criminal Implications of Backdated Stock Options

The Interactive Timeline

• »  The Interactive Timeline: Connecting Dates to Evidence

Perspectives on CAFA

• »  The Last Laugh: Plaintiffs’ Perspectives on CAFA

The Paper Lawyer’s Guide to Electronic Discovery

• »  The Paper Lawyer’s Guide to Electronic Discovery

CSI: San Antonio

• »  The CSI Effect: Employing Non-Scientific Means to Utilize – and Neutralize – Science in Court
• »  The CSI Effect:  Popular Culture’s Effect on Civil Juries
• »  Is the CSI Effect Good Science?
• »  The CSI Effect: Fact or Fiction
• »  A CSI Writer on the CSI Effect

Arbitration: Is It a Risk Worth Taking?

• »  Vacating Arbitrator Awards for Bias Due to Non-Disclosed Relationship
• »  Vacatur of Arbitration Awards: A Real-World Review of the Case Law
• »  2004 US Dist Lexis 19350
• »  2006 US App Lexis 1090
• »  Appellant En Banc Supp Brief
• »  Appellee En Banc Brief
• »  2007 US App Lexis 1012

Confronting Catastrophe: Pandemics, Hurricanes, Terrorists – Oh My!

• »  Compensating Victims of Catastrophe: Reforming the Insurance Industry, the Tort System, and Government
• »  Preparing for the Pandemic Flu from a Risk Management Perspective

Different Venues, Different Verdicts

• »  Different Venues, Different Verdicts: Headlines across the Country Show Mixed Results for Corporations (Cohen)
• »  Different Venues, Different Verdicts: Headlines across the Country Show Mixed Results for Corporations (Scruggs, Shelton)

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Visit The Newsmaker Hour on the Texas Public Radio website to listen to this program from the Section Annual Conference. Moderating the discussion is Dori Ann Hanswirth with the firm Hogan and Hartson, LLP in New York City. On the panel are Professor Geoffrey Stone of the University of Chicago School of Law and John Donnellan, Senior Counsel for the Hearst Corporation.