Written Materials & Speaker Biographies
Friday, January 26, 2018
Ethics Plenary: Ethical and Strategic Implications in Cases Involving Third Party Litigation Financing
7:00 am – 8:00 am
Champerty? Maintenance? Transparency? Waiver of work product and the attorney-client privilege? Adequacy of a class representative? These are among the ethical buzzwords in the world of third party litigation finance agreements. This panel will explore the ethical ins and outs of such financing and how courts, the ABA, and state bars are addressing these questions.
Moderator: John M. Barkett, Shook Hardy & Bacon LLP, Miami, FL
- Litigation Finance – A Primer
- Ethics Plenary: Ethical and Strategic Implications in Cases Involving Third Party Litigation Financing
- Advisory Committee on Civil Rules Excerpt from the Agenda Book
In-House Counsel Plenary: Reality Check: Goals for Regulatory Streamlining During the Current Administration
8:15 am – 9:30 am
What does the regulated community really want in terms of restructuring regulatory agencies and regulatory streamlining? Our in-house counsel panel will discuss the reality of their companies’ goals and hopes about this administration’s efforts to ease regulatory burdens on industry and business.
Moderator: Marlys S. Palumbo, Van Ness Feldman LLP, Seattle, WA
Plenary: Use of Court Appointed Experts and Technical Advisors in Complex Litigation
9:45 am − 11:00 am
Courts frequently need expert testimony on scientific, technological, or financial issues. More and more, courts themselves will appoint experts or technical advisors to better understand these complicated topics. This panel will explore the use and selection of such court-appointed experts, and the ways the experts work with the court and parties.
Moderator: James P. Ray, Robinson & Cole LLP, Hartford, CT
Speakers: Hon. J. Michelle Childs, U.S. District Court for the District of South Carolina, Columbia, SC, Max Kennerly, Kennerly Loutey LLC, Philadelphia, PA, Deborah Runkle, American Association for the Advancement of Science, Washington, D.C., Joseph M. Price, Faegre Baker Daniels LLP, Minneapolis, MN
- Rule 706. Court-Appointed Expert Witnesses
- Can Adversarial Legal Culture Accept Neutral Experts?
- Do ‘Neutral' Expert Witnesses Exist?
- Be Gentle When Challenging the Judge's Handpicked Expert
- Executive Summary—Treatment of Court-Appointed Experts Under Federal Rule of Evidence 706
- Treatment of Rule 706 Experts by Federal Courts
- Court-Appointed Scientific Experts: Providing Objective Scientific Advice to the Judiciary
- Hindsight Bias, Daubert, and the Silicone Breast Implant Litigation: Making the Case for Court-Appointed Experts in Complex Medical and Scientific Litigation
Environmental and Energy Breakout: Will Chevron Deference Survive? An Examination of the Viability of Chevron Deference
11:15 am − 12:15 pm
This panel will address status and developments in deference to government agencies’ interpretation of statutes and regulations, as set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. The panel will review the growing questions over courts’ willingness to follow Chevron deference, and pending legislation in Congress that could end Chevron deference. The panel will focus on Chevron deference in the context of the energy industry, as well as other areas including environmental, for agencies including the Federal Energy Regulatory Commission, National Institute of Standards and Technology, and Environmental Protection Agency.
Moderator: Edward McTiernan, Arnold & Porter Kaye Scholer LLP, New York, NY
- Proposals to Rollback Chevron Deference: Implications for Environmental Law Practitioners
- Why Reject Chevron?
- The Origins of Judicial Deference to Executive Interpretation
- Marbury v. Madison and the Concept of Judicial Deference
- Judicial Deference to Administrative Interpretations of Law – Will Chevron Survive?
Products Liability Breakout: A Tangled Web: The Internet of Things and Cybersecurity Issues for Products Liability Lawyers
11:15 am − 12:15 pm
The so-called Fourth Industrial Revolution has brought with it many beneficial advances which affect everything from the vehicles we drive to the medical devices implanted in our bodies. This dynamic panel discussion will focus on some of the amazing advances and corresponding issues surrounding the implementation of self-driving and autonomous vehicles, as well as cybersecurity concerns related to the hacking of automobile, medical device, and health care systems, including their effect on the future of products liability litigation.
Moderator: Dale M. Weppner, Greensfelder Hemker & Gale PC, St. Louis, MO
Speakers: Matthew Grosack, DLA Piper LLP, Miami, FL, Caroline M. Tinsley, Baker Sterchi Cowden & Rice LLC, St. Louis, MO, David Tressler, Waymo LLC, Mountain View, CA, Sebastian Van Nooten, Hrycay Consulting Engineers Inc., Windsor, ON
- A Tangled Web: The Vulnerabilities of Medical Devices
- Cyber Risks in the Digital Delivery of Healthcare
- Developments in Automated Commercial Motor Vehicles and Potential Security Concerns
- Cybersecurity Best Practices for Modern Vehicles
- Waymo Safety Report
Plenary: Milk Run: Shredding the First Day of Trial (Hosted by the Young Lawyers Committee)
5:45 pm − 6:45 pm
Fresh snow, no tracks, and a clear path ahead–the first ski run is priceless. Similarly, the first impressions at trial can make or break your case. If handled well, you can have the momentum and put your client’s claim or defense in the driver’s seat. Join us for valuable tips from experienced trial attorneys on strategies for handling motions in limine, voir dire, demonstratives, opening statements, and more, to set you up for success on your first day of trial.
Moderator: Nathaniel S. Hatcher, Hill Ward Henderson, Tampa, FL
Speakers: Gregory S. Bishop, Pepper Hamilton LLP, Silicon Valley, CA, Kristine K. Meredith, Danko Meredith, Redwood Shores, CA, Corrie J. Yackulic, Yackulic Law Firm PLLC, Seattle, WA, Julia Zousmer, Sidley Austin LLP, Chicago, IL
- Shedding the First Day of Trial – Motions in Limine
- Persuasive Demonstratives
- Shedding the First Day of Trial – Opening Statement
- Shedding the First Day of Trial – Voir Dire
- Shredding the First Day of Trial: Demonstratives in Opening Statements
Saturday, January 27, 2018
Plenary: Brave New World: Perspectives on the Regulatory and Legal Landscape One Year into Trump’s Administration
7:45 am – 9:00 am
Hear from practitioners with real experiences practicing in the deregulated world created during the first year of the Trump Administration. This panel will discuss legal and regulatory changes that have occurred during the Trump Administration’s first year and how they have affected the practice of law in environmental, products liability, and mass tort law.
Moderator: Rudy R. Perrino, Walsworth - WFBM LLP, Los Angeles, CA
Speakers: John Fuson, Crowell & Moring LLP, Washington, D.C., Daniel R. Karon, Karon LLC, Cleveland, OH, Tarifa Laddon, Faegre Baker Daniels LLP, Los Angeles, CA, Lori Leskin, Arnold & Porter Kaye Scholer LLP, New York, NY
- Brave New World: FDA
- Bundle Up, Defense Counsel: Winter’s Coming
- The “Fairness” in Class Action Litigation Act
- Why Contempt For The CFPB Is A Big Business Mistake
- Why 'Class Action Attorney Fees' Are Such Dirty Words
- Killing Class Actions Means Everybody Loses
Plenary: Minimizing the Impact of “Bad” Company Documents
9:15 am − 10:30 am
Panelists will discuss practical tips to educate company employees on the problems that arise in litigation due to “bad” documents and how to better draft internal documents and emails. The panelists will also discuss evidentiary issues surrounding the use of such documents at trial and how to minimize their negative impact if they are admitted. Finally, the panel will discuss the ways in which expert witnesses often use company documents to prove intent and how defendants can respond to those arguments.
Moderator: Janelle L. Davis, Thompson & Knight LLP, Dallas, TX
Environmental and Energy Breakout: Nailing Jell-O to a Tree: Challenges Associated with Evolving Science and Regulatory Requirements
10:45 am − 11:45 am
Whether it’s new toxicological studies associated with traditional contaminants like TCE, uncertainty associated with emerging contaminants like PFOAs and PFOS, more sensitive analytical tests, or evaluating exposure scenarios such as vapor intrusion that had not been previously considered, regulators struggle to keep up. The result is often overly conservative or inconsistent standards and lack of clarity regarding risk and compliance. This has far-reaching implications for the regulated community, such as in connection with periodic reviews or reopeners at Superfund sites, evaluating transactions and disclosure obligations, making remediation decisions, ensuring realistic and well-supported predictions for reserve estimates, or defending toxic tort lawsuits. Hear lawyers and experts discuss risk management, defense strategies and techniques to effectively communicate these issues to the employees, stakeholders and the public.
Moderator: Jennise Stubbs, Shook Hardy & Bacon LLP, Houston, TX
- Something Old, Something New: Insurance Solutions for Latent Environmental, Toxic Tort, and Other Liabilities
- A Tale of [Three] Schools: Lessons Learned When Assessing & Managing the VI Pathway
- Controversy Built on Uncertainty: Short-Term Action Levels for TCE
- The Williams Defendants’ Motion for Summary Judgment on the State’s Claims
- State of Alaska’s Opposition to the Williams’s Motion for Summary Judgment and State and City of North Pole Cross-Motion for Partial Summary Judgment
- Williams’ Reply in Support of Motion for Summary Judgment on the State’s Claims
- “Nailing Jello to a Tree: Challenges Associated with Evolving Science and Regulatory Requirements”
Mass Torts Breakout: The End of Mass Torts as We Know Them—or Not—How Recent Developments Have Impacted Current Mass Tort Practice
10:45 am − 11:45 am
This program will explore recent Supreme Court jurisprudence on personal jurisdiction, the early termination of MDL through dispositive motives, highlights of the Fairness in Class Action Litigation Act of 2017 (H.R. 985), and possibly other issues, as well as the impact of these developments on mass tort litigation.
Moderator: James Bilsborrow, Weitz & Luxenberg PC, New York, NY
Speakers: James M. Beck, Reed Smith LLP, Philadelphia, PA, Alexandra D. Lahav, University of Connecticut School of Law, Hartford, CT, Paul D. Rheingold, Rheingold Giuffra Ruffo & Plotkin LLP, New York, NY
- BMS and Nationwide Class Actions
- Considerations In Deciding To Seek, Or Not To Seek, Lone-Pine Orders In Mass Tort Litigation
- Disruption in Mass Tort Venues Due to Supreme Court Ruling
- Post-BMS Personal Jurisdiction Cheat Sheet
- Latest on Personal Jurisdiction – Using Bauman To Quash Third-Party Subpoenas
- Breaking News − Bristol-Myers Squibb Slams The Door On Litigation Tourism
- More on Missouri – What To Expect and Not To Expect After Norfolk Southern v. Dolan
- Breaking News − Personal Jurisdiction – The Sound of One Shoe Dropping
- Supreme Court Expands Forum-Shopping Crackdown
- Mass Tort Class Actions – Past, Present, and Future
- Lucky Seven – Multi-Plaintiff Misjoinder Fails in Illinois Post-BMS
- MDL Direct Filing & Personal Jurisdiction
- Reaping the Jurisdictional Whirlwind
- Mass Torts – Maturation of Law and Practice