2009 Section Annual Conference (Atlanta, GA)

The documents below are written materials from the 2009 Section Annual Conference, April 29–May 1 in Atlanta, GA. 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.

Plenary Programs

Telling Your Story at Trial: Direct and Cross-Examination of Witnesses Part I & Part II

• »  The Top Ten List: Rules Lawyers Must Know
• »  The Three Most Basic Principles of Evidence Law
• »  Dangers of Homicidal Cross-Examination

Track Programs

ADR

• But They Got It Wrong—Seeking Judicial Review of Erroneous Arbitration Rulings
• »  Judicial Review of Arbitration Awards: You Can’t Always Get What You Want
• Deal or No Deal: Leveraging Information to Overcome Psychological Barriers to Effective and Efficient Mediation of Disputes
• »  Deal or No Deal: Leveraging Information to Overcome Psychological Barriers to Effective and Efficient Mediation of Disputes
• You Plan To What? Ways That Discovery and Presentation of Evidence in Arbitration Differ from Trials
• »  Contrasting the Nuts and Bolts of Arbitration with Litigation: Controlling the Cost and Maximizing the Efficiency of Arbitration

Appellate and Supreme Court Advocacy

• May It Please the Court: Oral Advocacy Do’s and Don’ts
• »  Using the Lessons of Aristotle to Present Outstanding Oral Arguments
• Taking It All the Way: Advocacy Before the Supreme Court
• »  Opposing Cert: A Practitioner’s Guide
• Writing to Win: The Art and Science of the Appellate Brief
• »  Writing to Win: The Art and Science of the Appellate Brief

Attorney-Client Privilege

• Inadvertent Waiver of Attorney-Client Privilege–Featuring a One Act Vignette and Panel Discussion
• »  Discovery of Oral Communications and Privileged Documents Shared with Expert
• Privilege in Cross-Border Litigation: Will You Be Safe or Sorry?
• »  Privilege in Cross-Border Litigation
• The Role of Privilege in Investigation and Prosecution of Corporations – What Do Recent Changes Mean for Practitioners
• »  Erosion of Attorney-Client and Work Product Privileges

Beyond Google: What the Search Engine Won’t Give You

• Is Your Data Secure? Responding to Next-Generation Computer Crimes
• »  Best Practices for Victim Response and Reporting
• »  Best Practices for Working with Companies
• »  Combating Cybercrime
• »  Cybercrime Havens – Challenges and Solutions
• Litigating in the Limelight: Media Training for Representing the Celebrity Client
• »  Litigating in the Limelight: Media Training for Representing the Celebrity Client
• Responding to Data Breaches: Avoiding Litigation Through Effective Compliance
• »  Responding to Data Breaches: Avoiding Litigation Through Effective Compliance
• »  Recommended Practices on Notice of Security Breach Involving Personal Information

Business Development

• Ground Hog Day: Are You Repeating the Same Old Unsuccessful Business Development Scenarios Over & Over Again?
• »  Ten Common business Development Mistakes – And How to Avoid Them
• »  Can Clients Be Friends?
• »  Do You Have a Holiday Business Development Strategy?
• »  Are You Making the Most of the Conferences You Attend?
• »  What Could You Ask Your Network For?
• »  Treat Your Existing Clients Like Gold
• »  What Are Friends for Anyway?
• Netweaving® versus Networking – What Works, What Doesn’t
• »  A Primer for Building a Lifetime of Loyal Friends and Devoted Clients
• »  Netweaving – For Lawyers Who Hate Networking
• “Relationship” Conflicts: How Do I Clear the Hurdle?
• »  Choosing Sides: Issue or Positional Conflicts of Interest

Electronic Discovery and Evidence

• Getting Electronically Stored Data Admitted into Evidence
• »  Lorraine’s Song: Have the Bench and Bar Been Listening to the Music?
• Hey You Can’t Use That! What Happens When the Parties Don’t Agree on Whether the Producing Party Is Entitled to Get an Inadvertently Produced Privileged Document Back?
• »  Guarding the Privilege: Best Practices for Electronic Document Production
• »  So, You Produced a Privileged Document. Now What?
• »  You Have It, But Can You Use It? How to Hold onto an Inadvertently Produced Privileged Document without Burning Your Fingers
• I Want It All v. Lean Six Sigma: Strategies to Effectively Utilize Rule 26 Pretrial Procedures, Document Production Protocols and Technology
• »  Six Sigma, the Electronic Discovery Process and the Outside Law Firm
• »  Six Sigma, the Discovery Process and the Corporate Legal Department

Employment Litigation

• Avoid Getting ICE’D: What In-House Counsel and Companies Need to Know about Immigration, I-9s, and E-Verify
• »  Avoid Getting ICE’D: What In-House Counsel and Companies Need to Know About Immigration, I-9s, and E-Verify
• »  Workplace Immigration
• Facebook Firing? Employment Issues Associated with Policing of Employee Blogs and Social Networking Sites
• »  Program Outline
• »  Brave New Cyberworld: The Employer's Legal Guide to the Interactive Internet
• »  Facebook Firing? The Legal Risk Associated with Employee Blogging and Social Networking
• »  United States Court of Appeals, Ninth Circuit. Jerilyn Quon, V. Arch Wireless Operating Company Incorporated
• »  United States District Court for the Northern District of Georgia. Ellen Simonetti V Delta Air Lines, Inc.
• Workplace Safety: Keeping Out of Harm’s Way, Out of the Papers and Out of the Courts
• »  Contesting a OSHA Citation
• »  Responding to a Catastrophic Workplace Accident: Seven Basic Steps
• »  Workplace Safety – A Guide to OSHA Inspections, Citations and Appeals

Environmental Litigation Issues

• Climate Change Litigation: Who Has Standing?
• »  Climate Change Litigation: Who Has Standing?
• »  Climate Change Litigation PowerPoint
• Live from the Moot Court Room: Federal Superfund Preemption of State Claims – How Far Does It Go?
• »  Fact Pattern
• »  Bench Memo
• »  District Court Opinion Granting Motion to Dismiss
• »  District Court Complaint
• »  District Court Memo in Support of Motion to Dismiss
• »  District Court Memo in Support of Response Brief
• »  District Court Motion to Dismiss
• »  District Court Response to Motion to Dismiss
• »  District Court Reply Brief
• Setting the Table: Trial Proofs and Strategy in Condemnation and De Facto Takings Claims
• »  Thoughts on Trying Real Property Claims in Nuisance, Trespass, and Inverse Condemnation

Hot Topics in Complex and Class Action Litigation – Catch the Wave or Sink

• How to Surf a Global Securities Class Action
• »  The Globalization of Securities Class Actions
• The Employment Wave – The Rising Tide of FLSA Collective Actions and State Wage and Hour Class Actions
• »  The Consumer Wave – The Riptide From Attempts to Prevent Class Actions in Arbitration
• »  An Overview of Class Action Waivers in Consumer Agreements
• »  An Overview of Class Arbitration Procedures
• »  The Winner of the Race to the Bottom: The National Arbitration Forum and Consumer Case
• The Consumer Wave – The Riptide from Attempts to Prevent Class Actions in Arbitration
• »  The Impact of Morgan v. Family Dollar Stores on FLSA Collective Actions

Hot Topics in Financial Litigation

• Advanced Bankruptcy Litigation Issues – Apply Their In Pare Delicto Defense to Committees, Trustees and Other Entities in Bankruptcy Litigation
• »  Unclean Hands – Is There Any Soap?
• »  Motion to Dismiss
• »  Response Brief
• Dodging the Daubert Bullet: Working with Experts to Protect Against Daubert Challenges
• »  Daubert and Financial Experts: Standards and Tips for Ensuring Testimony Is Admissible
• Subprime and Financial Crisis: The Response – Legislation, Regulation, Investigations and Litigation
• »  The Expansion of Liability for Predatory and Discriminatory Lending to Secondary Mortgage Market Participants
• »  The Government’s Response: Enforcement Actions and New Initiatives
• »  Subprime Mortgage and Related Litigation Third Quarter 2008 Update: Breaking New Ground
• »  Third Quarter 2009 Update: Breaking New Ground

Humorist at Law Sean Carter

• »  Can’t We All Just Get Along?
• »  Lies Damn Lies
• »  The Supreme Court 2007-2009 Term: Lethal Injection, Gun Control and Detainees… Oh My!

Intellectual Property Litigation in the 21st Century

• Brand Theft – Where Has My Goodwill Gone?
• »  Litigating False Advertising Claims
• Property Rights in Web 2.0: What Are the Legal Rules Regarding YouTube, MySpace, Social Networking, User-Generated Content and Virtual Worlds
• »  Property Rights in Web 2.0
• »  User Generated Trouble: Consumer Claims and End User License Agreements Taming the Wild West – Dealing with the New and Gnarly Problems in Cyberspace
• Taming the Wild West – Dealing With the New and Gnarly Problems in Cyberspace
• »  DMCA Liability Limitations for Social Networks, Blogs, Websites and other Service Providers
• »  Internet Anonymity and Privacy: Compelling the Disclosure of the Identity of Anonymous and Pseudonymous Tortfeasors and Infringers Internet Contract Formation: Assent and Unconscionability
• »  New and Gnarly Problems in Cyberspace: Litigating Theories Involving Privacy, Security and Identity Theft
• »  Search Engine Query Data: A Treasure Trove or a World of Hurt

Issues Affecting the Young Lawyer

• Expert Witnesses from A to Z – How to Choose Them and Use Them
• »  Choosing and Preparing Your Expert for Testimony in this High Tech World
• »  Daubert v Merrell Dow Pharmaceuticals Basic Principles and Reception Applications
• »  Expert Testimony and Discovery Basics: A Comparative Analysis of the Ohio and Federal Rules
• »  Fifty-State and Federal Court Survey of the Standards Governing the Admissibility of Expert Testimony
• Legal Writing for the Young Lawyer
• »  Legal Writing for the Young Lawyer: Moving from Logic to Coherence
• Mastering Deposition Techniques – What Any Lawyer Should Know
• »  Chopping with a Sharpened Axe: Preparing For and Conducting the Effective Business Deposition

Managing Your Litigation Practice

• Getting Hired and Expanding the Relationship
• »  Mining Your Client Base for Opportunities
• »  Building Client Relationships in an Age of Change
• »  Marketing a Litigation Practice
• »  Communicating with Prospects and Clients to Get More Business
• »  In-House Top 10
• Managing Your Case, and Your Client
• »  Connecting Business Ethics and Legal Ethics for the Common Good: Come, Let Us Reason Together
• »  United States District Court, S.D. California Qualcomm Incorprated, Plaintiff V. Broadcom Corporation, Defendant, And Related Counterclaims No. 05cv1958-B (Blm)
• »  United States District Court, S.D. California Qualcomm Incorprated, Plaintiff V. Broadcom Corporation, Defendant, And Related Counterclaims No. 05cv1958-Rmb (Blm)
• Preparing for Trial When the Sky Is Not the Limit
• »  5 Easy Tips for Small Firms to Keep Small Cases Small

Product Liability Litigation

• Causation and Injury in Toxic Torts – An Examination of Modern Causation Principles in Toxic Tort Litigation
• »  Genetic Susceptibility and Biomarkers in Toxic Injury Litigation
• »  A Primer on Genomics in Environmental Law and Litigation
• »  Genetic Data in Toxic Tort Litigation
• »  Defendants’ Motion to Dismiss for Failure to Comply with the Court’s November 16, 2006 Order, or in the Alternative, for Summary Judgment – Wilcox v. Homestake Mining Company, US District Court, District of New Mexico, Civil No. 04-534 JC WDS
• »  Memorandum Opinion and Order – Wilcox v. Homestake Mining Company, US District Court, District of New Mexico, Civil No. 04-534 JC WDS
• »  Order Denying Motion to Alter or Amend Judgment (USDC) – June v. Union Carbide Corporation and Umetco Minerals Corporation, US Court of Appeals for the 10th Circuit, Case No. 07-1532
• »  Appellees’ Brief – June v. Union Carbide Corporation and Umetco Minerals Corporation, US Court of Appeals for the 10th Circuit, Case No. 07- 1532
• Enemy of the State – The Challenges of Civil Litigation with States and Municipalities
• »  Enemy of the State – Current Issues in Government as Civil Plaintiff Litigation Preemption in Product Liability Litigation
• Preemption in Product Liability Litigation
• »  Federal Preemption in FDA-Regulated Product Liability Litigation: Where We Are and Where We Might Be Headed
• »  What Riegel Portends for FDA Preemption of State Law Products Liability Claims

Securities Litigation

• Arbitrating Securities Class Actions
• »  FINRA Securities Class Action Arbitrations: An Idea Whose Time Has Not Yet Come — and Likely Never Will
• »  Recent Developments in the Law of Vacatur and the Standard of Manifest Disregard of the Law
• »  Securities Arbitrations Motions to Dismiss in 2009: The End of an Era
• Emerging Issues in Federal Securities Fraud Actions
• »  Dynex Capital Inc.: Second Circuit Weighs in on Pleading Corporate Scienter
• »  The Supreme Court Rejection “Scheme Liability” in Stoneridge Investment Partners v. Scientific-Atlanta, Inc.; 3) Securities Litigation 2008
• Lawyer Liability in a Volatile Economy—Malpractice Prevention and Insurance Protection for In-House and Outside Counsel
• »  Will Conduct Exclusions Prove to Be a Panacea for Professional Liability Carriers?
• »  Does the Gatekeeper Lawyer Need Insurance?
• »  Malpractice Prevention & Insurance Protection for In-House & Outside Counsel

"So What Do I Do Now?" Ethical and Professionalism Predicaments in Litigation

• This Is Another Fine Mess You've Gotten Us Into: Ethical and Professionalism Problems That Arise During Discovery and Pretrial
• »  Discovery Problems and Their Solutions
• »  Professional Ethics in Dealing with the Media
• Trials and Tribulations: Ethical and Professionalism Problems That Arise During Trial
• »  Ethical Rules for Litigation in the Court of Public Opinion
• »  Compensating Fact Witnesses: Fruitful or Forbidden?
• »  Beware of Potential Conflicts in Cross Examination
• When Trouble Walks in the Door: Ethical Dilemmas in Accepting an Engagement and Working Up a Case
• »  Accidental Clients

Trends in the Law

• A First Look at the Obama Administration’s Regulatory Policy
• »  Cleaning Up and Launching Ahead
• »  The Impact of the Obama Administration on Law, Policy & Industry
• »  What is the Obama Agenda for Bush-Era Regulations?
• On the Cusp of Change? A Supreme Court Update with Dean Erwin Chemerinsky
• »  On the Cusp of Change? A Supreme Court Update with Dean Erwin Chemerinsky
• »  Oral Argument in the Roberts Court
• The Television Decency Cases: Are F-words and Fleeting Expletives Sanctionable
• »  What the $#*& is Up with Fleeting Expletives (and Fleeting Images)?

Trial Evidence and Technology

• Choosing and Preparing Your Expert for Testimony in This High Tech World
• »  Choosing and Preparing Your Expert for Testimony in this High Tech World
• »  Fifty-State and Federal Court Survey of the Standards Governing the Admissibility of Expert Testimony
• Effective Use of Mock Trials, Focus Groups and Internet Sampling
• »  Armed and Dangerous: How to Make Jury Consulting Services Work for You
• Effective Use of Technology during Motions Hearings
• »  Summary Judgment Electrified: Using the Tools of the Trade to Enhance Summary Judgment

Winning Trial Techniques: Trying the Difficult Case

• Anatomy of a Bellwether Case: Nicaraguan Workers v. Dole
• »  Jury Interviews: Nicaraguan Workers v. Dole
• How to Conduct a Dynamic Direct and Cross-Examination in a Business Trial
• »  Challenges of Witness Examination
• »  The Three Techniques of Cross-Examination
• How to Deal with the Tough Issues in Your Tough Case
• »  Trying the Difficult Case for an Unpopular Client: Tackling the Tough Issues at Trial
• How to Present a Persuasive Opening/Closing in a Difficult Commercial Case
• »  How to Present a Persuasive Opening/Closing in a Difficult Commercial Case
• Jurors Today and Beyond: Communicating Effectively with Jurors in Difficult Cases
• »  Juror Attitudes Related to the Economic Crisis
• The Tough Case Is Not Over: Preservation and Waiver on Appeal
• »  A Practitioners Guide to Appellate Advocacy

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