Commercial & Business Litigation

Programs & Materials

The documents below are written materials from programs that have been sponsored by the Commercial & Business Litigation Committee. Please note: You must be a Litigation Section member and be logged in to access the files.

2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, May 1–3, 2019

Spoiling for a Fight: Preventing, Spotting, and Addressing ESI Destruction

With a mouse click, a determined tech-savvy litigant can obliterate electronically stored information (ESI) with wiping programs or other tactics. The sheer volume and cost of processing ESI makes it difficult for counsel to detect the withholding, alteration, or destruction of ESI. Effective defense to spoliation begins with informed counsel. Artificial intelligence can help.

Moderator: Mitzi T. Shannon, Kemp Smith LLP, El Paso, TX

Speakers: Amy DeCesare, Allied World Assurance Company, Farmington, CT; David A. Greetham, RICOH USA, Houston, TX; David J. Shuster, Kramon & Graham PA, Baltimore, MD; Richard A. Simpson, Wiley Rein LLP, Washington, D.C.

Written Materials

What’s Hot in M&A Today? The Latest Developments and Trends in Merger and Acquisition Litigation

Join nationally prominent litigators from both sides of the “v,” an insurance coverage specialist, and a member of the Delaware Court of Chancery for a roundtable discussion of hot topics in the field of merger and acquisition litigation.

Moderator: Raymond J. DiCamillo, Richards Layton & Finger PA, Wilmington, DE

Speakers: Mark Lebovitch, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Hon. Kathleen S. McCormick, Delaware Court of Chancery, Georgetown, DE; Maeve O’Connor, Debevoise & Plimpton LLP, New York, NY; Koorosh Talieh, Perkins Coie LLP, Washington, D.C.

Written Materials

International Discovery: Gathering Evidence from Around the Globe

The panel provides an interactive example of how U.S. attorneys can obtain evidence from foreign jurisdictions. Based on a factual scenario, this presentation follows a U.S. attorney’s journey through the twists and turns typical in the quest for discovery across the international stage, including Mexico, Canada, the United Kingdom, and China.

Moderator: Jorge A. Mestre, Rivero Mestre LLP, Miami, FL

Speakers: Gavin Foggo, Fox Williams LLP, London, UK; Brett G. Harrison, McMillan LLP, Toronto, ON; José Antonio Rodríguez Márquez, Bufete Rodríguez Márquez SC, Mexico City, MX; Meg Utterback, King & Wood Mallesons, Shanghai, China

Written Materials

Run from the Border? Recent Developments in Jurisdiction in Cross-Border Litigation

This panel will explain recent decisions in the U.S. and Canada in cross-border litigation, class actions, and mass tort cases. Panelists will discuss the practical implications of the countries’ different approaches to jurisdiction, including jurisdiction against foreign defendants, national and global class actions involving absent foreign claimants, and securities claims against foreign-listed issuers.

Moderator: John C. Coffee, Jr., Columbia Law School, New York, NY

Speakers: Nathan Heffman, Dechert LLP, Chicago, IL; Byron Shaw, McCarthy Tétrault LLP, Toronto, ON; Audra J. Soloway, Paul Weiss Rifkind Wharton & Garrison LLP, New York, NY

Written Materials

Section of Litigation Roundtable: Making Commercial Arbitration Work for Your Client – March 29, 2019

Section of Litigation Annual CLE Conference: May 2018, San Diego, CA

Trial from the Client Perspective: In-House Counsel Share Insights on How to Try (and Not) Try Cases

Litigating Hate in the Workplace: Legal Ramifications of Intolerance and Unpopular Speech

Regional CLE Conference: September 2017, Los Angeles, CA  

Maximizing Expert Witnesses: Best Strategies and Practices for Selecting, Using, Challenging and Defending Expert Witnesses

Section of Litigation Annual CLE Conference: May 2017, San Francisco, CA

Be an Expert on Experts!

Section of Litigation Annual CLE Conference: April 2016, Chicago, IL

Jack v. the Giant: Keeping Reins on a Case with Disproportionate Burdens

Regional CLE Conference: May 2015, Chicago, IL

Business Development for Business Litigators

Section of Litigation Annual CLE Conference: April 2015, New Orleans, LA

How to Run a Case: What Law School Doesn't Teach You

Section of Litigation Annual CLE Conference: April 2014, Scottsdale, AZ

Litigating Privacy and Data Breach Issues in 2014

Winning Advocacy: Oral Argument from the Inside Out



Annual Meeting: August 2013, San Francisco, CA

Social Media Evidence—How to Find It and How to Use It

Section of Litigation Annual CLE Conference: April 2013, Chicago, IL

Ethical Hurdles, Snares, and Pitfalls in Prepping and Using Experts

The SEC, FTC, Sarbanes Oxley and IRS Whistleblower Acts

Countering the Empty Pocket Defense and Other Tips for Settling Commercial Cases in a Bad Economy

When Your R&D Is No Longer a Trade Secret: Litigating & Calculating Damages

Merger & Acquisition (M&A) Litigation: Current Issues and Trends

Section of Litigation Annual CLE Conference: April 2012, Washington, D.C.

Marketing in the Social Media Age: How Women, Minorities, Solo Practitioners, and Small Law Firms can “Tweet” Themselves to the Front Page

“Good Works Equals Good Business”

Corporate Internal Investigations: A Case Study Involving Special Committees, Auditors, and Antitrust on Protecting Privileged Information

Anatomy of a Data Breach: Developments in Data Security and Cloud-Computing Law