2013 Committee Joint CLE Seminar Table of Contents


Environmental, Mass Torts and Products Liability Litigation
Committees’ Joint CLE Seminar

January 31 – February 2, 2013
Sheraton Steamboat Resort
Steamboat Springs, CO



Friday, February 1

Ethics Session – Do You Have What It Takes to Win?: “Jeopardy!” – Style Ethics Review

Compete with/against colleagues in an interactive “Jeopardy!”style game! Answers based on ethical issues in environmental, mass tort, and product liability cases, including: Rules 1.7, 1.8, 1.10—Conflicts of Interest; Rule 1.13—Client Organization; Rule 1.16—Terminat­ing Representation; Rules 3.3, 3.4, 3.5—Duties to Court, Opposing Party, Counsel; and Rule 8.4—Misconduct.

Speaker: David Grenardo

Written Materials:

1.1 How Low Can You Go?  Analyzing Deposition Misconduct and Avoiding Common Deposition Mistakes


Plenary Session – The In-House Counsel Perspective on Increasing Regulations & Anticipated Changes in Political Enforcement 2013–2017

Join our panel of in-house counsel reflecting on how the increase in regulatory compliance has influenced their legal work. They will offer perspectives from a variety of industries and comment on anticipated trends in the next four years based on the outcome of the 2012 presidential election.

Moderator: Megan S. Wynne

Speakers: Lisa A. Decker, Kenneth Odza, Steve Morgan

Written Materials:

2.1 In-House Counsel Expect Surge In Regulatory Spending In 2013

2.2 Food Safety Modernization Act Update


The In-House Counsel Perspective on Increasing Regulations & Anticipated Changes in Political Enforcement 2013-2017


Plenary Session – A Look Behind the Curtain: Anatomy of a Mass Tort

This dramatic presentation skillfully dissects all aspects of and latest trends surrounding mass tort litigation, from early indications of impending mass action to final global resolu­tion, including shareholder and attorney-general claims, prelitigation preparedness, manage­ment strategies, discovery and expert battles, mock trials and focus groups, bellwether trials, and potential repercussions.

Moderator: Ralph A. Campillo

Speakers: Ellen Relkin, Lawrence Riff, Hon. Sandra Mazer Moss

Written Materials:

3.1 Snatch and Remove before Service: Removal to Federal Court in Forum
Defendant Cases


Mass Torts Breakout – Warning: Mass Tort Settlement Ethics Ahead

From the novice green ski trails to the expert black diamond trails, this panel focuses on cases signaling you to ethical dangers in your mass tort settlements, including Model Rules 1.7 and 1.8(g), finance agreements, and agreements that do not include all named plaintiffs yet seek to bind all.

Moderator: Rudy Perrino

Speakers: Ricky A. Raven, Paul D. Rheingold, Michael K. Rozen

Written Materials:

4.1 Litigation Mass Tort Cases


Products Liability Breakout – Products Liability Year in Review

Join us as we review developments in the case law, increasing regulation under the Con­sumer Product Safety Act and the Food Safety Modernization Act, and tort reform. We will also offer tips on what to watch for in 2013.

Speakers: Richard M. Gaal, Adrienne Gonzalez, Connie Matteo

Written Materials:

5.1 Products Liability Year in Review

5.2 Investigator's Methods Sufficiently Reliable To Finger Whirlpool Fridge as a Fire Starter

5.3 Richard Stengel v. Medtronic Incorporated No. 10-17755

Young Lawyers’ Breakout – Ethics in Marketing 101 for Young Lawyers and the Young at Heart

Effective and ethical marketing can be challenging in the digital age. This distinguished panel of attorneys will discuss best practices for the use of social media sites in marketing efforts, mindful of the ethical issues implicated by Rules 7.1, 7.2, and 7.3 of the ABA Model Rules of Professional Conduct.

Moderator: David L. Schwan

Speakers: Amy C. DeVan, Paula Frederick, Tara Kelly

Written Materials:

6.1 Marketing 101: Update on the Ethics of Digital Marketing

6.2 Commission on Ethics 20/20


YL Breakout: Ethics in Marketing 101 for Young Lawyers & the Young at Heart


Saturday, February 2

Plenary Session – Expert Insights Courtesy of Yours Truly, Your Experts

Usually it’s a panel of attorneys opining on expert development. Now hear it from the other side as the experts themselves speak frankly on best methods for preparing different disci­plines to testify, utilizing experts in a consulting capacity, complying with federal rules, and managing costs and emerging technologies.

Moderator: Deborah Shuff

Speakers: Scott Carr, Dave Folkes, Patrick McGrath, Rick Tinsworth

Written Materials:

7.1 Expert Insights Courtesy of Yours Truly, Your Experts

7.2 Federal Rule of Civil Procedure 26


Plenary Session – Is It Music to Your Ears?: Supply Chain Regulation and Litigation in the United States

The 2011 federal raid of Gibson Guitar and recent initiatives in California have intensified the focus on regulation of every company’s supply chain. This distinguished panel will discuss recent and anticipated developments in supply chain regulation, enforcement, and litigation from the perspective of government and private practice.

Moderator: John Cruden

Speakers: Wayne Hettenbach, Maureen E. Gorsen, Paul E. Hagen

Written Materials:

8.1 New Global Supply Chain Responsibilities and Risks for Companies Selling Products into California: Proposed “Safer Consumer Product Alternatives” Regulations

8.2 Regulating the Global Supply Chain: California DTSC Releases New Safer Consumer Products Regulations

8.3 California Transparency in Supply Chains Act of 2010

8.4 Gibson Guitar Corporation Agreement

8.5 Conflict Minerals Update


Regulating the Global Supply Chain: California and Other State’s New Role

The Lacey Act: Implications for Supply Chains

Environmental Breakout – Developments in Environmental Law and What to Expect in the New Administration

This last year brought a full, interesting, and impactful environmental docket and an election year. Come listen to high-ranking government officials and well-respected environmental attorneys expound on the events of 2012, including Sackett, PPL Montana, and beyond.

Speakers: Timothy D. Backstrom,  Steve Black, Jerry F. English

Written Materials:

9.1 Developments in Environmental Law and What to Expect in the New Administration

9.2 The Nation Public Lands


Mass Torts Breakout – What to Consider When Your Docket Goes from Class Action to Mass Action

You are mid-case and you or opposing counsel decide to switch tactics. This panel considers issues such as decertifications and refiling en mass, insurance implications, risks inherent in arguing against class certification, and the threat or likelihood of your company being targeted for mass litigation.

Moderator: Errol R. Patterson

Speakers: Stephanie Schrandt Boone, John A. Earnhardt, Christine E. Webber

Written Materials:

10.1 When Your Docket Goes from Class Action to Mass Action: Mass Action Trial Formats