AMERICAN BAR ASSOCIATION
SECTION OF LITIGATION
Environmental, Mass Torts and Products Liability Litigation
Committees’ Joint CLE Seminar
January 31 – February 2, 2013
Sheraton Steamboat Resort
Steamboat Springs, CO
COURSE MATERIALS
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
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
PowerPoint:
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:
8.3 California Transparency in Supply Chains Act of 2010
8.4 Gibson Guitar Corporation Agreement
PowerPoint:
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
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
