2021 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Virtual Regional CLE Program

Written Materials

Thursday, January 28

Mass Tort and Products Updated—Big Cases and Big Developments

11:00 am – 12:30 pm ET

General CLE

This panel will highlight some of the biggest recent mass tort and product liability MDL cases, including settlement issues, expert and discovery battles, and appellate rulings. Examples will include the Bayer/Monsanto Roundup litigation.

Written Materials:

Impacts of COVID-19 on Federal and State Enforcement Actions and Clean-Ups; Force Majeure in the COVID Era

12:45 pm – 1:45 pm ET

General CLE

COVID-19 has affected many state and federal environmental investigations and remediations and has resulted in a patchwork of emergency orders, including mandatory stay-at-home and social distancing orders, exemptions for various essential businesses and activities, and varying guidance issued by federal and state authorities regarding whether environmental investigations and remedial activities are essential activities and may proceed. Our expert panelists will explain this patchwork and give participants the benefit of their experience navigating the ever-changing landscape of COVID-19 regulations in the environmental context.

Written Materials

Product Liability and the Pandemic: COVID 19 Impacts on Products Liability and Class Actions

2:00 pm – 3:15 pm ET

General CLE

This program is a primer on immunity afforded under the PREP Act for certain COVID related products, an overview of the current litigation landscape, and what damages could look like in those cases where immunity is not available.

Written Materials

Friday, January 29

Burning Issues in Climate Change: Fires, Floods, Hurricanes, and Droughts — Litigation and Legislation in 2021 and Beyond

11:00 am – 12:15 pm ET

General CLE

This panel will explore key developments in climate change litigation and legislation, including what we can expect from the courts, Congress and the states in 2021 and beyond. The panel will cover public utility liability, use of public nuisance, misrepresentation and product liability theories in mass tort cases, and what we can expect through legislation after the election.

Written Materials

Lawyers in Need of Assistance: Ethical issues in Remote Lawyering

12:30 pm – 1:30 pm ET

Ethics CLE

Using hypothetical scenarios involving ethical issues, the presenter will work through the issues with the audience. This panel may also have substance abuse/mental health credits, depending upon the scenarios used. It may also include ethical scenarios regarding remote lawyering, such as the unauthorized practice of law in a remote/telecommuting environment, and ethical issues pertaining to remote depositions.

Written Materials

Remote Trials and their Tribulations: Practical Realities, Challenges and Lessons Learned

1:45 pm – 3:15 pm ET

General CLE

With the onset of the COVID-19 pandemic, courts, agencies, and lawyers have all been forced to adjust to a new way of conducting business or else risk further slowdowns in the advancement of dockets. This panel will highlight issues with recent video trials (such as the Honeywell asbestos trial) in terms of jury selection, attention and deliberation, as well as witness direct and cross-examinations, opening statements and closing arguments.

Written Materials