EVENTS & CLE

2019 Litigation & GPSolo CLE Conference Written Materials

Wednesday, May 1, 2019

New Technology, New Liability: Product Liability Risks in the Digital Age

2:00 PM – 3:00 PM

Technology CLE

This panel will explore evolving technologies and the product liability risks and litigation trends surrounding those technologies.

Moderator: Tamar B. Kelber, Gass Weber Mullins LLC, Milwaukee, WI

Speakers: Shayna E. Sacks, Napoli Shkolnik PLLC, New York, NY; Mark Swanson, Kinetic Metrics LLC, Alexandria, VA; Jacob Yormak, Story Ventures, New York, NY

Written Materials

Data Security Awareness in Action

2:00 PM – 3:00 PM

Technology CLE

This is not your typical cybersecurity presentation. In this interactive session, the presenters will demonstrate actual hacks and techniques of hackers. The panelists will then engage the audience in a discussion on the legal ramifications of the security events demonstrated and how to prevent or mitigate the impacts.

Moderator: Guillermo Christensen, Ice Miller LLP, Washington, D.C.

Speakers: Michael DeNicola, Federal Bureau of Investigation, New York, NY; Leeza Garber, Capsicum Group LLC, New York, NY; Adrienne Valencia Garcia, IBM Corporation, Armonk, NY; Reginald M. Rasch, Rakuten USA Inc., New York, NY

Written Materials

Big Firm v. Small Firm No More: How Small Firms & Boutiques Are Effectively Litigating Against BigLaw

2:00 PM – 3:00 PM

General CLE

Courtroom thrillers like A Civil Action and The Rainmaker paint long odds when smaller firms take on BigLaw in court. Litigators from small and boutique firms will address strategies (including use of technology) for leveling the playing field, and through which these firms are succeeding in litigation against their BigLaw counterparts.

Moderator: John B. Mumford, Jr., Hancock Daniel & Johnson PC, Richmond, VA

Speakers: Carolynn Beck, Pierce Bainbridge Beck Price & Hecht LLP, Washington, D.C.; Peter Gronvall, Ankura Consulting Group LLC, Washington, D.C.; Timothy A. Litzenburg, Roundup Cancer Firm LLC, Richmond, VA

Written Materials

Navigating Multidistrict Litigation

2:00 PM – 3:00 PM

General CLE

The MDL Act was passed in 1958. Now 50 years later, this panel will discuss the process to pursue consolidation of multidistrict litigation before a transferee judge, how transferee judges try to manage cases for pre-trial purposes, and a variety of commonly encountered issues and challenges faced by those confronted with modern multidistrict litigation.

Moderator: Kent A. Lambert, Baker Donelson Bearman Caldwell & Berkowitz PC, New Orleans, LA

Speakers: Hon. George B. Daniels, U.S. District Court for the Southern District of New York, New York, NY; Fred T. Isquith, Wolf Haldenstein Adler Freemont Herz LLP, New York, NY; Norman Jetmundsen, Vulcan Materials Company, Birmingham, AL; Hon. Sarah S. Vance, U.S. District Court for the Eastern District of Louisiana, New Orleans, LA; Stephen P. Younger, Patterson Belknap Webb & Tyler LLP, New York, NY

Written Materials

The Trial Lawyer’s Guide to Success and Happiness II: Mindfulness and Wellness in Your Legal Career and Beyond

2:00 PM – 3:00 PM

Wellness CLE

This panel will preview a new version of The Trial Lawyers’ Guide to Success and Happiness and focus on mental and physical health and wellness by exploring mindfulness, spirituality, and interacting with nature and life beyond the law. Panelists will also present important tips for dealing successfully with the challenges and stresses arising from aggravated clients, counsel, and judges.

Moderator: Lawrence D. Rosenberg, Jones Day, Washington, D.C.

Speakers: David A. Soley, Bernstein Shur Sawyer & Nelson PA, Portland, ME; Deborah A. Topol, Georgetown University School of Medicine, Washington, D.C.; Hon. Tiffany M. Williams (Ret.), New Jersey Civil Service Commission, Trenton, NJ

Written Materials

The Secret Is Out: Strategies for Protecting Trade Secrets

General CLE

Trade secret protection remains paramount for many companies. With the advent of the Defend Trade Secrets Act, counsel have more tools at their disposal. This panel will explore what companies can do to protect their trade secrets before, during, and after litigation, including discussion surrounding the DTSA.

Moderator: Brian A. Berkley, Fox Rothschild LLP, Philadelphia, PA

Speakers: Jennifer B. Routh, McDermott Will & Emery, Washington, D.C.; Thomas A. Warnock, Corteva Agriscience, Agricultural Division of Dow Dupont, Wilmington, DE

Written Materials

Effective Legal Writing: Greater Clarity Taught with Hilarity

3:15 PM – 4:15 PM

Skills CLE

This panel offers a concentrated study of the basic rules of English composition as they apply to legal writing. The goal is to achieve a style that is simple and understandable to those who read judicial documents. By improving your writing ability, you will enhance both your productivity and efficiency. You will also be able to share many of the concepts and techniques learned through the course with your colleagues. Any judge, judicial officer, law clerk, or court-affiliated staff person who writes briefs, opinions, findings of fact, conclusions of law, jury instructions, or correspondence can benefit from this presentation.

Speaker: Ron Hofer, National Judicial College, Brookfield, WI

Written Materials

Implications of Sharing the Attorney-Client Privilege: When and How It Should Be Done

3:15 PM – 4:15 PM

Ethics CLE

A number of cases have addressed the common interest doctrine as it applies to attorney-client privilege. A panel of judges and litigators will discuss the scope of the doctrine, jurisdictional variations, and the ethical issues that arise when a lawyer represents multiple clients in litigation matters and transactional matters.

Moderator: Landis C. Best, Cahill Gordon & Reindel LLP, New York, NY

Speakers: John Barkett, Shook Hardy and Bacon LLP, Miami, FL; Hon. Loretta A. Preska, U.S. District Court for the Southern District of New York, New York, NY; Yolanda P. Strader, Carlton Fields Jorden Burt PA, Miami, FL

Written Materials

Copycats from the Catwalk: Protection and Enforcement in Luxury and Fashion

3:15 PM – 4:15 PM

General CLE

Copying is rampant in fashion and luxury goods, but it is often not covered by intellectual property law. We will review real-world examples in our game of “Infringing or Not?” while our “runway models” of intellectual property demonstrate side-by-side views of genuine product and knock-offs.

Moderator: Mary Margaret O’Donnell, Blue Filament Law PLLC, Birmingham, MI

Speakers: Melissa P. Bernier, Bernier Legal LLC, New York, NY; Tiffany Johnson, The Estee Lauder Companies Inc., New York, NY; Julie Zerbo, The Fashion Law, New York, NY

Written Materials

New Frontiers in Antitrust

3:15 PM – 4:15 PM

General CLE

Although the statutory language of the antitrust laws has been largely stable for decades, the field continues to grow and change in important ways. In this event, a panel of practitioners will discuss some of the most significant recent developments in antitrust law and consider how these changes impact the work of lawyers practicing in other areas. These developments include the expansion of antitrust litigation involving employee hiring practices, recent antitrust claims arising from the settlement of non-antitrust litigation, and the potential impact of the Apple v. Pepper case, which is currently pending before the United States Supreme Court.

Moderator: Kyle W. Mach, Munger Tolles & Olson LLP, San Francisco, CA

Speakers: Erik Koons, Baker Botts LLP, Washington, D.C.; Hollis Salzman, Robins Kaplan LLP, New York, NY; Steve Vieux, Shook Hardy & Bacon LLP, San Francisco, CA

Written Materials

From Broadway to the Courtroom: A Mock Oral Argument Showcasing Alexander Hamilton, the Lawyer

3:15 PM – 4:15 PM

General CLE

These days, Hamilton’s name is synonymous with Broadway hit. But it should also be synonymous with an exceptional oralist. In this program, attendees will see a reenactment of Hamilton’s argument in People v. Croswell, a case that forced the highest court in New York to decide whether truth is a defense to libel. Attendees will then participate in a discussion of the case’s importance to First Amendment law, including analysis of the case by a leading First Amendment practitioner.

Moderator: Alex Abdo, Knight First Amendment Institute, New York, NY

Speakers: Ishan K. Bhabha, Jenner & Block LLP, Washington, D.C.; Hon. Joseph A. Greenway, U.S. Court of Appeals for the Third Circuit, Newark, NJ; Hon. Therese M. Stewart, California First District Court of Appeals, San Francisco, CA

Written Materials

Opening Statement: Go Wisely and Slowly. Those Who Rush, Stumble and Fall

3:15 PM – 4:15 PM

Skills CLE

Learn how to prepare an opening statement. In this program, counsel will present a brief opening for the plaintiff and one for the defendant. Afterwards, the panel will examine the themes presented along with reviewing what worked and what did not. This program is for the seasoned trial attorney as well as the occasional trial attorney.

Moderator: Marissa Beyers, Trial Behavior Consulting, San Francisco, CA

Speakers: Mollie F. Benedict, Tucker Ellis LLP, Los Angeles, CA; Hon. Barbara M.G. Lynn, U.S. District Court for the Northern District of Texas, Dallas, TX; Patrick B. Moore, Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta, GA

Written Materials

The Media in the Crosshairs: The Vital First Amendment Values at Stake

4:30 PM – 6:00 PM

General CLE

The First Amendment is facing unprecedented challenges. This panel of superstar experts will examine the state of press freedom in our nation today, providing insights into such topics as the causes of press unpopularity, the “fake news” phenomenon, the polarization of news reporting, assaults on the institution of the press, and the prognosis for the future.

Moderator: R. Bruce Rich, Weil Gotshal & Manges LLP, New York, NY

Speakers: Sunny Hostin, ABC News, The View, New York, NY; David E. McCraw, The New York Times, New York, NY; David Remnick, The New Yorker, New York, NY; Nadine Strossen, New York Law School, New York, NY

Written Materials

THURSDAY, MAY 2, 2019

Whither the 10th Amendment? State Attorneys General, Federalism, and Litigation

8:15 AM – 9:45 AM

General CLE

Issues of federalism are as old as the Constitution. Yet, important recent cases have raised the profile of State Attorneys General, the chief lawyers for their states and the citizens thereof. Whether the cases involve immigration, healthcare, implementation or disregard of federal mandates, litigation initiated by Attorneys General has grown in the past decade in response to initiatives from administrations in Washington from both parties. State AGs on both sides of the aisle have played a major role in federalism-styled litigation during the Trump and Obama administrations. Hear from those in the trenches in state AG offices (both AGs and solicitors) who will share their views as to why they bring (or defend against) these cases and as to how these cases fit into historical context. After listening to this balanced presentation, decide for yourself whether these cases are purely about politics or about the Rule of Law. (Or maybe it’s really some of both!)

Moderator: Ellen F. Rosenblum, Attorney General for the State of Oregon, Salem, OR

Speakers: Jeff Landry, Attorney General for the State of Louisiana, Baton Rouge, LA; Karl A. Racine, Attorney General for the District of Columbia, Washington, D.C.; Daniel B. Rodriguez, Northwestern Pritzker School of Law, Chicago, IL; Misha Tseytlin, Former Wisconsin Solicitor General, Troutman Sanders LLP, Chicago, IL

Written Materials

The Internet of (Hackable) Things (IoT): Liability and Insurance for Smart Technology

10:00 AM – 11:00 AM

Technology CLE

We have smart homes, smart cities, smart factories, and even smart refrigerators. But what happens when our connected devices are compromised? Who pays when a smart car causes an accident? What happens if a smart powerplant is hacked? This panel discusses liability and insurance for the IoT and smart technology.

Moderator: Geoffrey J. Miller, Saxe Doernberger & Vita PC, Trumbull, CT

Speakers: John G. Buchanan III, Covington & Burling LLP, Washington, D.C..; Darryl M. Woo, Goodwin Procter LLP, San Francisco, CA

Considering Gender Issues in Jury Trials

10:00 AM – 11:00 AM

Elimination of Bias CLE

How does the gender of trial lawyers and witnesses influence juror perceptions? The panel will discuss the latest research on gender bias, how gender plays out in the courtroom and the jury room, as well as practical offensive and defensive tips for handling a variety of situations. Panelists will also discuss the intersection between gender and race and sexual orientation and how that influences perceptions.

Moderator: Hailyn J. Chen, Munger Tolles & Olson LLP, Los Angeles, CA

Speakers: Cristina C. Arguedas, Arguedas Cassman & Headley LLP, San Francisco, CA; C.K. “Pete” Rowland, Litigation Insights, Kansas City, MO

Written Materials

Big Firm Discovery on a Small Firm Budget

10:00 AM – 11:00 AM

General CLE

Experienced litigators from both small and large firms will discuss how smaller firms can produce and digest the ever-increasing amount of e-discovery within a limited budget.

Moderator: Farrah Champagne, Women’s Law Center of Maryland, Baltimore, MD

Speakers: Jeffrey D. Gardner, Jennings Strouss & Salmon PLC, Phoenix, AZ; Patricia L. McCabe, Law Offices of Patricia L. McCabe, Van Nuys, CA; Alan O. Olson, Olson Law Office PC, Des Moines, IA; David Seserman, Seserman Law LLC, Denver, CO

Written Materials

The ABA Model Rules on Advertising: They May Apply to You!

10:00 AM – 11:00 AM

Ethics CLE

In August 2018, the ABA updated the Model Rules of Professional Conduct to address changes in marketing technologies and realities of law firm advertising. States are adopting these amendments. Know the Rules including whether you can take clients golfing to thank them for a referral and what information must be included in your online profiles (such as the firm website and LinkedIn).

Moderator: Michael J. Bentley, Bradley Arant Boult Cummings LLP, Jackson, MS

Speakers: Kathleen B. Havener, The Cullen Law Firm PLLC, Washington, D.C.; Tyler Maulsby, Frankfurt Kurnit Klein & Selz PC, New York, NY; Lynda C. Shely, The Shely Firm PC, Scottsdale, AZ

Written Materials

Recent Trends in Securities Litigation

10:00 AM – 11:00 AM

General CLE

This panel consists of a discussion of emerging issues in securities litigation, including arbitration clauses, post-Trulia merger objection cases in federal courts, impact of Cyan on Section 11 claims, checking in on Halliburton II and challenging fraud-on-the-market at class certification, trends in opt-out cases, and growth in cases against foreign issuers.

Moderator: Danielle S. Myers, Robbins Geller Rudman & Dowd LLP, San Diego, CA

Speakers: Lucy P. Allen, NERA Economic Consulting, New York, NY; John D. Montgomery, Ankura Consulting Group LLC, New York, NY; Peter Safirstein, Safirstein Metcalf LLP, New York, NY; Howard S. Suskin, Jenner & Block LLP, Chicago, IL

Written Materials

So, You Want to Be the Boss - What It Takes to Start Your Own Law Firm

10:00 AM – 11:00 AM

Law Office Management CLE

A frank discussion with practitioners who have gone through the process of starting their own law firm with different types of models, from to traditional to contemporary. There will also be a discussion on the usage of technology, time and billing options, staffing, and client relations best practices and techniques.

Speakers: Kari M. Petrasek, Petrasek Law PLLC, Mukilteo, WA; Seth Rowland, Basha Systems LLC, Cortlandt Manor, NY; Daniel J. Tann, Law Offices of Daniel J. Tann, Philadelphia, PA

Written Materials

How Do Small Firms and Solo Practitioners Navigate the Class Action Arena?

11:15 AM –12:15 PM

General CLE

How do small firms and solo practitioners participate in complex class actions on either side? This is a high-risk menu for plaintiff and defense lawyers because they must have a relationship with leadership. Plaintiff lawyers must finance their portion of the case and the case must succeed in order to get paid. This panel will discuss how leadership is assigned, how work is distributed, how predictable the outcome is, and the overall challenges.

Moderator: Louis F. Burke, Louis F. Burke PC, New York, NY

Speakers: Emily A. Ambrose, Blackwell Burke PA, Minneapolis, MN; Andrew J. McGuinness, Andrew J. McGuinness Esq., Ann Arbor, MI; Linda P. Nussbaum, Nussbaum Law Group PC, New York, NY

Written Materials

New Kids on the Blockchain: How and When Will Law Firms Embrace Crypto-Currencies and Distributed Ledger Technology?

11:15 AM – 12:15 PM

General CLE

Distributed ledger technologies that make crypto-currencies possible may have a far greater impact on law and business than the currencies themselves. A distinguished panel of practitioners, academics, and business leaders will discuss the future of this technology in litigation, real estate and commercial transactions, law firm management, and other areas.

Moderator: Marcus Chatterton, Balch & Bingham LLP, Birmingham, AL

Speakers: Rika Khurdayan, Dilendorf Khurdayan PLLC, New York, NY; Aaron Wright, Benjamin N. Cardozo School of Law, New York, NY

Written Materials

The Nexus of Leadership and Professional Responsibility

11:15 AM – 12:15 PM

Ethics CLE

Army attorneys and paralegals are stationed worldwide, often in remote and/or austere locations, working in complex and uniquely challenging environments. This panel will discuss these challenges and share insights into the leadership skills used to ensure the provision of principled counsel in all circumstances. The panel will further discuss how these skills are informed by the ABA Model Rules, as implemented by Army Regulation 27-26, Rules of Professional Conduct for Lawyers, most notably Rules 1.6, 2.1, and 5.1-5.4. Law firms and in-house counsel can leverage these leadership skills to build and maintain the most effective legal teams.

Moderator: R. Patrick Huston, U.S. Army JAG Corps, Charlottesville, VA

Speakers: Hon. Paulette V. Burton, U.S. Army Court of Criminal Appeals, Fort Belvoir, VA; Irene DeAndrei (Dee) Drummond, MarketSource Inc., Baltimore, MA; Tania M. Martin, U.S. Army JAG Corps, Arlington, VA; Michael C. Wong, U.S. Army Futures Command, Austin, TX

Written Materials

Winning Commercial Cases at Trial: The Keys to Success

11:15 AM – 12:15 PM

General CLE

This program provides strategies and practical advice to help attorneys succeed in commercial trials. Topics will include jury selection, motions in limine, opening statements, direct examination, cross examination, evidence, expert witnesses, summations, trial and post-trial motions, damages, appeals, and settlement techniques.

Moderator: Robert L. Haig, Kelley Drye & Warren LLP, New York, NY

Speakers: Roberta A. Kaplan, Kaplan Hecker & Fink LLP, New York, NY; Hon. William F. Kuntz, U.S. District Court for the Eastern District of New York, Brooklyn, NY; Gary P. Naftalis, Kramer Levin Naftalis & Frankel LLP, New York, NY; Karen A. Popp, Sidley Austin LLP, Washington, D.C.; Stephen D. Susman, Susman Godfrey LLP, Houston, TX; Theodore V. Wells, Jr., Paul Weiss Rifkind Wharton & Garrison LLP, New York, NY

Written Materials

You’re Under Investigation: Expectations and Preparation Tips for a Government Investigation

11:15 AM – 12:15 PM

General CLE

This program will examine the key decisions that are needed after learning that your company is under a government investigation, including assembling an effective internal team, whether to engage outside counsel, communications with other professionals such as forensic consultants, whether to conduct a parallel internal investigation, recusal issues within the GC office, exposure of individuals within senior management, hiring separate counsel for witnesses, decisions about whether to terminate employees, public relations and press concerns, and other major issues.

Moderator: Hon. Sunil R. Harjani, U.S. District Court for the Northern District of Illinois, Chicago, IL

Speakers: Sachin Bansal, The Royal Bank of Canada, New York, NY; Neel Chopra, U.S. Commodity Futures Trading Commission, Chicago, IL; Katya Jestin, Jenner & Block LLP, New York, NY; Stephanie Shuler, JPMorgan Chase & Co., New York, NY

Written Materials

What’s Hot in Financial Technology: Latest and Greatest Developments and Fintech Trends

11:15 AM – 12:15 PM

Technology CLE

Litigation is coming. Financial technology (Fintech) products and services offer consumers numerous benefits including lower costs and instant access but are not without disruption and risk. Fintech also raises privacy and data collection issues, and the potential for litigation including private rights of action. This panel will discuss key – and sometimes confusing – Fintech trends, gaps under complex and fragmented regulatory and disclosure rules, and the associated compliance, operational, and litigation risks as the law lags behind innovation.

Moderator: Michael J. Breslin, Kilpatrick Townsend & Stockton LLP, Atlanta, GA

Speakers: Ingrid Busson-Hall, PayPal Inc., New York, NY; Erin J. Illman, Bradley Arant Boult Cummings LLP, Charlotte, NC; Michael H. Krimminger, Cleary Gottlieb Steen & Hamilton LLP, Washington, D.C.

Written Materials

Technology Assisted Review in Investigations, Examinations, and Legal Assessments

2:00 PM – 3:00 PM

General CLE

Using Technology Assisted Review (TAR) in litigation to expedite the discovery process has become increasingly more common. TAR can also be used in many other analytical workflows where the main goal is to locate key documents in the early stages of a legal matter. Internal investigations, regulatory investigations, and litigation assessments can greatly benefit by implementing TAR as a tool. This panel will discuss data analytics tools and the application of those technologies to various types of legal inquiries.

Moderator: Danielle M. Panetta, Goodwin Procter LLP, Boston, MA

Speakers: B. Justin Goggins, Bank of America, Concord, NC; Nathaniel Huber-Fliflet, Ankura Consulting Group LLC, New York, NY; John B. Koss, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Boston, MA

Written Materials

Let’s Talk M&Ms: Mindfulness and Money

2:00 PM – 3:00 PM

Wellness CLE

In this course, lawyers will explore how incremental practices of mindfulness support the ABA Model Rules of Professional Conduct as they relate to a lawyer’s duty to competency, marketing, and maintaining the integrity of the legal profession. Interactive exercises will demonstrate the process and leave audience members excited and energized about the importance of mindfulness and its effect on their money. Panelists will discuss how decreased stress and enhanced mental health and functioning will follow from lawyers building mindfulness practices into their schedule each day. The panelists will describe how mindfulness will create a growth mindset to increase revenues and maintain integrity.

Speakers: Kelly J. Adams, Alpha Omega Law Office LLC, Chadds Ford, PA; Melanie Bragg, Bragg Law PC, Houston, TX; Katy Goshtasbi, Puris Consulting, San Diego, CA

Written Materials

Seeing Is Believing! Effective Use of Demonstrative Evidence in the Digital Age

2:00 PM – 3:00 PM

General CLE

This panel will showcase the advances in technology concerning demonstrative evidence and will provide guidance for presenting such evidence in a simple yet entertaining and interesting manner. This program will include examples of modern demonstrative presentations in commercial, construction, and aviation litigation and will address different strategies for use at trial, arbitration, and mediation.

Moderator: Matthew A. Moeller, The Moeller Firm LLC, New Orleans, LA

Speakers: Karen M. Goodman, Goodman & Associates, Sacramento, CA; Andrew J. Maloney III, Kreindler & Kreindler LLP, New York, NY; Anthony Valerio, Magna Legal Services, New York, NY

Written Materials

Mastering Mass Tort Settlements

2:00 PM – 3:00 PM

General CLE

This program will explore best practices in the settlement of high-stakes mass torts. Our expert panel of distinguished judges, attorneys, and academics will discuss successful strategies, innovative solutions, and lessons learned, based on decades of experience resolving some of the most complicated mass torts cases arising in the U.S. judicial system.

Moderator: J. Stephen Bennett, Faegre Baker Daniels LLP, Fort Wayne, IN

Speakers: Chip A. Gaudreau III, Greenberg Traurig LLP, New York, NY; Troy A. McKenzie, New York University School of Law, New York, NY; Ellen Relkin, Weitz & Luxenberg PC, New York, NY

Written Materials

Y Is the New 40: What the Aging Workforce Means for the Future of Work

2:00 PM – 3:00 PM

General CLE

Generation Y is turning 40, the Age Discrimination in Employment Act (ADEA) turned 50, and the Bureau of Labor Statistics projects that by 2024, aging workers will make up nearly 25% of the labor force. Americans are living longer and working longer, resulting in an unprecedented transformation of the workplace. In addition, “older” workers are embracing the gig economy. This panel will discuss these workforce transformations, the resulting legal and litigation issues for employers, and how firms can help their clients take advantage and manage shifts in their labor pools.

Moderator: Nikki Odom Dibley, 3M Company, St. Paul, MN

Speakers: Kimberly F. Seten, Constangy Brooks Smith & Prophete LLP, Kansas City, MO; Kara Wilson, Instacart, San Francisco, CA

Written Materials

Balancing a Lawyer’s Cry for Help from Dependency or Depression with Ethical Obligations of Competence and Reporting

2:00 PM – 3:00 PM

Substance Use Disorder Prevention CLE

Recent studies sponsored by the ABA and the Hazelden/Betty Ford Foundation found that lawyers have a higher frequency of depression, anxiety, alcoholism, and addiction than other professionals. How does one seek help when faced with ethical duties of competence, diligence, and reporting? This panel will explore a path forward.

Moderator: Richard M. Gaal, McDowell Knight Roedder & Sledge LLC, Mobile, AL

Speakers: John Barkett, Shook Hardy and Bacon LLP, Miami, FL; Joseph Milowic III, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; LaKeisha R. Randall, Bendin Sumrall & Ladner LLC, Atlanta, GA; Diana Uchiyama, Illinois Lawyer Assistance Program, Chicago, IL

Written Materials

What Persuades Judges and Juries and What Doesn’t

4:00 PM – 5:00 PM

General CLE

This panel of federal and state trial judges will focus on advocacy techniques. They will discuss the differing techniques that are persuasive, and the ones that are not, when addressing judges and juries in civil and criminal proceedings. Among other things, the panel will discuss what to do and not do when arguing motions before the court, as well as advocacy dos and don’ts in trial from voir dire through closing argument.

Moderator: Charles Noteboom, Noteboom - The Law Firm, Hurst, TX

Speakers: Hon. Efrain Alvarado, Bronx Supreme Court, Bronx, NY;

Hon. Victor A. Bolden, U.S. District Court for the District of Connecticut, Bridgeport, CT; Hon. J. Michelle Childs, U.S. District Court for the District of South Carolina, Columbia, SC; Hon. Melody Wilkinson, 17th Judicial District Court at Tarrant County, Fort Worth, TX

Written Materials

Women Throwing Shade: How It Was, How It Is, and Winning in Spite of It

4:00 PM – 5:00 PM

Elimination of Bias CLE

This program will involve historical reflection combined with practical advice from prominent successful attorneys who have been there and dealt with bias. Attendees will learn how to deal with explicit/implicit biases and win in spite of them.

Moderator: Kathryn A. Belfance, Roderick Linton Belfance LLP, Akron, OH

Speakers: Vanessa Blanchfield, Wells Fargo & Company, Des Moines, IA; Kathleen Hopkins, Real Property Law Group PLLC, Seattle, WA; Betsy C. Manifold, Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, CA; Heather White, TIAA, Charlotte, NC

Written Materials

You Can Check Out Anytime You Like, But You Can Never Leave: Are Class Actions Impossible To Settle Now?

4:00 PM – 5:00 PM

General CLE

Class actions face challenges on many fronts—changes to Rule 23, challenges to cy pres, increased notice requirements, “professional objectors,” concerns about intra-class conflicts, and more exacting standards for review of settlements. Have class actions become too difficult to bring—and settle?

Moderator: Hon. Jon S. Tigar, U.S. District Court for the Northern District of California, San Francisco, CA

Speakers: Theodore H. “Ted” Frank, Hamilton Lincoln Law Institute, Washington, D.C.; Jocelyn D. Larkin, Impact Fund, Berkeley, CA; Bobbie Wilson, Perkins Coie LLP, San Francisco, CA

Written Materials

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

4:00 PM – 5:00 PM

General CLE

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

4:00 PM – 5:00 PM

General CLE

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

Ethical Considerations in Dealing with Clients and Colleagues Battling Opioid Use

4:00 PM – 5:00 PM

Ethics CLE

Prepare to handle a client or colleague with substance use disorder ethically. For clients, this may trigger ethics rules surrounding diminished capacity, confidentiality, or conflicts of interest while for a colleague there may be a duty to report, competency issues, or client abandonment.

Moderator: John Hardin Young, Sandler Reiff Lamb Rosenstein & Birkenstock PC, Washington, D.C.

Speakers: Kelly K. Dineen, Creighton University School of Law, Omaha, NE; Myles V. Lynk, Arizona State University Sandra Day O’Connor College of Law, Phoenix, AZ; Tish Vincent, The State Bar of Michigan, East Lansing, MI

Written Materials

FRIDAY, MAY 3, 2019

The Power of Partnering: The Case for Counsel Collaboration

8:00 AM – 9:00 AM

General CLE

This presentation discusses teaming outside counsel to work jointly with in-house legal departments and how this can increase diversity in counsel teams. It also explores the new trends of forming counsel teams with lawyers from different firms and teaming small or solo practitioners with other law firms to handle a specific matter.

Speakers: Debra T. Baker, Baker Wotring LLP, Houston, TX; Ronald R. Curtis, Jr., Exxon Mobil Environmental Services Company, Spring, TX; Theos McKinney, Exelon Corporation, Philadelphia, PA; Gregory L. Phillips, Phillips Kaiser PLLC, Houston, TX

Written Materials

International Discovery: Gathering Evidence from Around the Globe

8:00 AM – 9:00 AM

General CLE

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

Breaking Through Barriers: Lawyering with a Disability

8:00 AM – 9:00 AM

Elimination of Bias CLE

Although diversity within the law is front and center these days, disability diversity among lawyers is often overlooked. In this program, attendees will hear personal anecdotes from lawyers who have disabilities about how they navigate the courtroom, the office, and beyond.

Speakers: Margaret Cimino, Societe Generale Corporate and Investment Banking, New York, NY; Yusef Dale, U.S. Attorney’s Office for the Northern District of Illinois, Chicago, IL; Howard A. Rosenblum, National Association of the Deaf, Washington, D.C.

Written Materials

Effective Storytelling Through Data Visualizations: How to Tell a Persuasive Story Through Data Graphics

8:00 AM – 9:00 AM

General CLE

Everyone wants to be able to tell a story, and persuasive storytelling is an important part of an attorney’s role. This program is designed to teach litigators and in-house counsel proper data visualization techniques to tell a more powerful story. The program will cover the four O’s (Observable, Original, Objective, and Open) of great graphics and how litigators and in-house counsel can portray a better story using data visualizations. Specifically, the program will cover 1) How to use facts and information in pictorial form; 2) Useful graphic techniques for trial exhibits or presentations; and 3) Good and bad data visualization methods, pitfalls, and other considerations when creating or analyzing a graph.

Speakers: Matthew R. DalSanto, Winston & Strawn LLP, Chicago, IL; Kristen Fournier, Orrick Herrington & Sutcliffe LLP, New York, NY; Jeremy Guinta, Ankura Consulting Group LLC, Los Angeles, CA

Written Materials

Arbitration: Where Does It Belong and Not Belong?

8:00 AM – 9:00 AM

General CLE

Arbitration has been the subject of numerous recent U.S. Supreme Court decisions that generally have supported its use in a wide variety of areas. As the use of arbitration has grown, there has been a counter-movement to prevent what has been termed “forced arbitration” from stifling class actions and preventing lawsuits by consumers, employees, customers of securities brokers, and victims of discrimination. This program will explore the law as it stands and discuss the practical and policy issues on both sides of these sometimes divisive issues.

Moderators: Mitchell L. Marinello, Novack and Macey LLP, Chicago, IL; Betsy A. Hellman, Skadden Arps Slate Meagher & Flom LLP, New York, NY

Speakers: F. Paul Bland, Jr., Public Justice, Washington, D.C.; Eugene I. Farber, Farber Pappalardo & Carbonari, White Plains, NY; Henry C. “Hank” Johnson, Jr., U.S. House of Representatives, 4th Congressional District of Georgia, Atlanta, GA; Debbie Masucci, Masucci Dispute Management and Resolution Services, New York, NY

Written Materials

Developments in Insurance Law: The Top 10 Things Every Litigator Must Now Know About Insurance

8:00 AM – 9:00 AM

General CLE

Whether you represent the plaintiff or defendant, every lawyer must have a basic understanding of insurance to adequately represent the client. Insurance is often a game changer. It can provide the path to a meaningful recovery or serve as an important safety net. Insurance is important because “Somebody Else Pays!”

Moderator: Ernest Martin, Jr., Haynes and Boone LLP, Dallas, TX

Speakers: Mary E. Borja, Wiley Rein LLP, New York, NY; Hon. Arnold L. Natali, Superior Court of New Jersey, Appellate Division, Jersey City, NJ

Written Materials

Rising Litigation and Compliance Risks Facing Higher Education

9:10 AM –10:10 AM

General CLE

This program will explore increasing complexities facing universities as they try to identify and address existential risks before they result in multifaceted litigation, enforcement actions, and reputational risks. The panel will delve into the growing risks that face universities from international research activities, NCAA regulations, and the #MeToo movement, among other topics. Panelists will explore how universities—and in particular their legal and compliance personnel —face unique challenges in identifying and mitigating these risks because of autonomy-afforded professors, more decentralized departments, and incentive structures that differ from typical corporate organizations.

Moderator: Erin R. Schrantz, Jenner & Block LLP, Chicago, IL

Speakers: Donna P. Fenn, Columbia University, New York, NY; Priya J. Harjani, Northwestern University, Evanston, IL; Sankar Suryanarayan, Princeton University, Princeton, NJ

Written Materials

“Trumping” International Law? The Administration at The Half-Term

9:10 AM – 10:10 AM

General CLE

Just past the halfway mark, how has the Trump administration done on immigration? UN relations? International trade? International criminal law? The law of war and the military? Nuclear security? Press freedoms? International environmental affairs? Women’s and minority rights? What are the implications for the U.S.’s standing in the world?

Moderator: Hon. Delissa A. Ridgway, U.S. Court of International Trade, New York, NY

Speakers: Catherine Amirfar, Former Counselor on International Law to Legal Adviser, U.S. Department of State (2014-2016), Debevoise & Plimpton LLP, New York, NY; John B. Bellinger III, Former Legal Adviser, U.S. Department of State (2005-2009), Arnold & Porter LLP, Washington, D.C.

Written Materials

Money, Money, Money: How to Control Litigation Budgets

9:10 AM – 10:10 AM

Law Practice Management CLE

In-house counsel are judged on budgets. But, when done right, a budget can be the most effective communication tool with your internal client. This panel will discuss best practices for controlling a litigation budget and how you can use it to your advantage with your internal client.

Moderator: Daniel A. Schnapp, Fox Rothschild LLP, New York, NY

Speakers: Damien Atkins, The Hershey Company, Harrisburg, PA; Merrick L. Gross, Carlton Fields Jorden Burt PA, Miami, FL; Rose Stella, SANDOW and Material Bank, Denver, CO

Written Materials

Rule Changes for Rule 30(b)(6) Depositions: How to Meet the New Requirements in a PostRule Change World

9:10 AM – 10:10 AM

General CLE

Few Rules cause more controversy and confusion than 30(b)(6), governing depositions of businesses. At the Section’s request, the Advisory Committee on Civil Rules undertook to review the Rule and has made revisions. Hear from judges and practitioners on how the Rule will change/what practitioners need to know, including how many topics you can select, how many witnesses will be produced (and for how long), what objections can be made and when, how binding witness testimony is, and what to do with inadequately prepared witnesses.

Moderator: Jeffrey J. Greenbaum, Sills Cummis & Gross PC, Newark, NJ

Speakers: Jennifer B. Bechet, Walmart Inc., Bentonville, AR; Gregory R. Hanthorn, Jones Day, Atlanta, GA; Rebecca Santoro Melley, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; Hon. Leda Dunn Wettre, U.S. District Court for the District of New Jersey, Newark, NJ

Written Materials

Developing Our Next Generation of Litigators: Creating Opportunities for Courtroom Experience

9:10 AM – 10:10 AM

Law Practice Management CLE

Oral advocacy opportunities for young litigators have become more scarce, especially in high-exposure, bet-the-company lawsuits. What can law firms, corporate counsel, and courts do to ensure that young litigators get oral advocacy opportunities? Panelists will discuss best practices and new innovations in developing the next generation of litigators, as well as the unique challenges faced by young women and minority litigators.

Moderator: Alex Chan, Tensegrity Law Group LLP, Redwood Shores, CA

Speakers: Lindsay D. Breedlove, Pepper Hamilton LLP, Philadelphia, PA; Hon. Abbe F. Fletman, Philadelphia Court of Common Pleas, Philadelphia, PA; Hon. Gene E.K. Pratter, U.S. District Court for the Eastern District of Pennsylvania, Philadelphia, PA; Catherine M. Recker, Welsh & Recker PC, Philadelphia, PA

Written Materials

A Delicate Balance: Arbitrating Your Client’s Complex Commercial Case Without Sacrificing Speed, Efficiency and Cost Savings

9:10 AM – 10:10 AM

General CLE

Commercial arbitrations often involve complex disputes with multiple parties, issues, and procedural problems. If not well-managed, the hearings become too lengthy, reducing the ability of counsel and the panel to move with alacrity and cost-effectiveness. Using videos and a hypothetical construction case as an example, three commercial practitioners/arbitrators with extensive experience presenting and arbitrating complex disputes will discuss the newest and best practices that will help small and big firm advocates get their clients’ disputes resolved in a fair manner without sacrificing content, speed, or cost.

Speakers: Neal M. Eiseman, Goetz Fitzpatrick LLP, New York, NY; Herbert H. “Hal” Gray III, Ragsdale Beals Seigler Patterson & Gray LLP, Atlanta, GA; Judith B. Ittig, Ittig & Ittig PC, Washington, D.C.

Written Materials

David vs. Goliath vs. David: An Opening Statements Showdown Between Small Firm and Big Firm Litigators

10:25 AM – 12:00 PM

General CLE

David’s victory over Goliath was assured by an extraordinary opening salvo. Come learn from nationally-recognized and sought-after trial attorneys as they showcase their talents by presenting mock opening statements to insightful and respected jurists and a seasoned jury consultant.

Written Materials

Bridging the Gap Between Law School and Practice

2:00 PM – 3:00 PM

Law Office Management CLE

This interactive fireside chat will address some of the gaps between law school and practice. Attorneys with various degrees of experience will cover topics such as communicating effectively with in-firm and external clients, persuasive brief writing, and time management.

Moderator: Demetrius Pyburn, Haynsworth Sinkler Boyd, Greenville, SC

Speakers: Andrew D. Atkins, McGuireWoods LLP, Charlotte, NC; Michelle M. Burke, Porzio Bromberg & Newman PC, Morristown, NJ; Koji Fukumura, Cooley LLP, San Diego, CA; Jamie L. Lanphear, Dykema Gossett PLLC, Washington, D.C.

Written Materials

Matchmaker, Matchmaker, Make Me a Match: Best Practices, Ethical Considerations, and Effective Use of Local Counsel

2:00 PM – 3:00 PM

Ethics CLE

Wherever your client needs representation in an unfamiliar court, local counsel arrangements can provide important assistance and insights, but not without some risks. This program will identify ethical pitfalls and tips to avoid them and highlight best practices for selecting, retaining, and effectively using local counsel.

Moderator: Michael W. Jahnke, Thompson Hine LLP, New York, NY

Speakers: Elise Greenspan, AECOM, Charleston, SC; Steven S. Kaufman, Kaufman & Company LLC, Cleveland, OH; Ellen Yaroshefsky, Monroe H. Friedman Institute for the Study of Ethics, Hofstra University, Hempstead, NY

Written Materials

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

2:00 PM – 3:00 PM

General CLE

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

GDPR: General Data Protection Regulation One Year Later

2:00 PM – 3:00 PM

General CLE

What have we learned after a year under the GDPR? What implications does it have for the U.S. under the California Consumer Privacy Act and other possible U.S. privacy regulations?

Speakers: Alexander R. Bilus, Saul Ewing Arnstein & Lehr LLP, Philadelphia, PA; Tyler G. Newby, Fenwick & West LLP, San Francisco, CA; Tara M. Swaminatha, Squire Patton Boggs, Washington, D.C.

Written Materials

“Stranger in a Strange Land”: Cross-Cultural Issues in the Courts

2:00 PM – 3:00 PM

General CLE

In courtrooms across the country, immigrants are pleading “the cultural defense,” invoking the traditions of their homelands to explain their actions. Even when they are not raised per se, customs are a factor in many cases—civil and criminal. How should these “cross-cultural” cases be decided? You be the judge!

Moderator: Jonathan Turley, Legal Commentator, NBC & CBS; George Washington University School of Law, Washington, D.C.

Speakers: Hon. Bernice B. Donald, U.S. Court of Appeals for the Sixth Circuit, Memphis, TN; Rene L. Valladares, Author/Editor, Cultural Issues in Criminal Defense, Federal Public Defender for the District of Nevada, Las Vegas, NV

Written Materials

Mediation in Bankruptcy: Overview and Special Topics

2:00 PM – 3:00 PM

General CLE

A U.S. bankruptcy judge and three practitioners will discuss how to prepare for mediation, and special considerations involving mediation of disputes in bankruptcy. This program is suitable for attorneys and judges, both experienced and inexperienced with mediation. General practitioners and seasoned bankruptcy practitioners will also benefit from this program.

Moderator: Kristin B. Mayhew, McElroy Deutsch Mulvaney & Carpenter LLP, Southport, CT

Speakers: Thomas A. Gugliotti, Updike Kelly & Spellacy PC, Hartford, CT; David M.S. Shaiken, Shipman Shaiken & Schwefel LLC, West Hartford, CT; Hon. James J. Tancredi, U.S. Bankruptcy Court for the District of Connecticut, Hartford, CT

Written Materials

Three’s a Crowd: Appealing the MultiParty Judgment

3:15 PM – 4:15 PM

General CLE

Obtaining and appealing multi-party judgments can be complicated. Join our panel of litigation and appellate experts to explore the substantive and procedural challenges posed by multi-party judgments including conflicts of interest, stays of execution, cross-appeals, settlements on appeal, joint or separate briefing, and how to handle oral argument.

Moderator: Mary-Christine “M.C.” Sungaila, Haynes and Boone LLP, Los Angeles, CA

Speakers: Tillman Breckenridge, Pierce Bainbridge Beck Price & Hecht, Washington D.C.; Robert A. Olson, Greines Martin Stein & Richland LLP, Los Angeles, CA; Michal Rogson, Tokio Marine HCC Surety Group, Los Angeles, CA

Written Materials

Top Blunders to Avoid with Experts

3:15 PM – 4:15 PM

General CLE

Learn from a distinguished panel from the bench and bar, and from experts themselves, what not to do when selecting, preparing, and presenting your expert at trial.

Moderator: Devora W. Allon, Kirkland & Ellis LLP, New York, NY

Speakers: Hon. Richard D. Bennett, U.S. District Court for the District of Maryland, Baltimore, MD; Elizabeth C. Brandon, Barnes & Thornburg LLP, Dallas, TX; David Moes, Ankura Consulting Group LLC, Chicago, IL

Written Materials

In-House Counsel: An Open Discussion of Best Practices and Career Paths

3:15 PM – 4:15 PM

Non-CLE

This breakout session is designed for in-house counsel to provide a roundtable format and open discussion, led by four in-house professionals and leaders, to share best practices for in-house counsel, discuss ways in which in-house counsel can maintain their commitment to ethics and integrity, balancing the role as in-house counselor and solver of problems with their duty to provide independent counsel, as well as career paths and strategies for a successful and satisfying career in-house, and to provide an open discussion among the participants about particular topics of interest.

Moderator: Effie Silva, Tyson Foods Inc., Chicago, IL

Speakers: Jeffrey Eglash, Nokia Corporation, Murray Hill, NJ; Elisa Garcia, Macy’s Inc., New York, NY; Antje Wilmer, Rabobank, New York, NY

Written Materials

Non-CLE – No written materials required

Judge, What Do You Want to Hear? Presenting a Bench Trial

3:15 PM – 4:15 PM

General CLE

Presenting a trial before a judge can be significantly different than presenting to a jury. Trial lawyers should consider different styles and methods when arguing a bench trial to effectively represent their clients. This mini mock trial includes opening statements, a direct and cross examination of an expert witness, and a discussion with a panel of judges.

Moderator: Hon. Keathan B. Frink, 17th Judicial Circuit of Florida, Fort Lauderdale, FL

Speakers: Rita M. Aquilio, Lawrence Law LLC, Watchung, NJ; Jonathan Lounsberry, The Stevens Firm PA, Spartanburg, SC; Stephanie Matalon, Boies Schiller Flexner LLP, Hollywood, FL; Hon. Chisa J. Putman, York County Courts, York, SC

Written Materials

A Global View of Litigation Finance: Domestic and International Perspectives from Practitioners, Funders, and the Bench

3:15 PM – 4:15 PM

General CLE

Litigation finance is expanding and evolving in the United States and around the world. Our panel will provide views from the bench, bar, and litigation finance community regarding the economic, legal, and ethical issues raised by third-party funding in both domestic and international disputes—exploring how these issues play out in a range of hypothetical cases.

Moderator: Gerard McDermott, Gerard McDermott QC, London, UK

Speakers: Alan Guy, Vannin Capital, New York, NY; Noiana Marigo, Freshfields Bruckhaus Deringer LLP, New York, NY; Ben Quarmby, MoloLamken LLP, New York, NY; Hon. Shira Scheindlin (Ret.), Woodsford Litigation Funding, New York, NY

Written Materials