Thursday, October 24
“CSI MDL” – A Forensic Analysis of the Health and Well-Being of the MDL Process
8:45 AM – 10:00 AM
An update on the current status of MDL proceedings including potential suggested reforms, a discussion of the rising number of MDLs this year and input with respect to when an MDL should be considered, the JPML process, factors influencing selection of transferee courts, and strategies for proposing and
resisting the creation of an MDL.
Speakers: John H. Beisner, Skadden Arps Slate Meagher & Flom LLP,Washington, D.C.; Ellen Relkin, Weitz & Luxenberg PC, New York, NY; Alan E. Rothman, Arnold & Porter Kaye Scholer LLP, New York, NY
- Proposed Rules Amendments Regarding MDL Proceedings
- United States Judicial Panel on Multidistrict Litigation
- Proposed Rule Amendment Regarding Interlocutory Appeals in MDL Cases
- MDL Imbalance: Why Defendants Need Timely Access to Interlocutory Review
- Managing MDL Mania: A Modest Early Vetting Proposal
- MDL Practices and the Need for FRCP Amendments: Proposals For Discussion with the MDL/TPLF Subcommittee of the Advisory Committee on Civil Rules
Legal Issues Related to Social Media: Best Practices for Monitoring, Managing, and Ethically Advertising on Social Media
10:00 AM – 11:00 AM
This panel will bring together in-house counsel responsible for evaluating legal issues and establishing best practices surrounding monitoring and managing a company’s presence on social media, regulatory experts who assist companies with complying with advertising rules on social media, and seasoned litigators who will discuss potential impact of social media on later product liability litigation claims. This panel will explore ABA Model Rules of Professional Conduct to address rule changes in advertising and marketing for lawyers.
Moderator: Jessica Benson Cox, Faegre Baker Daniels LLP, Indianapolis, IN
Speakers: Jessica Barth, Faegre Baker Daniels LLP, Indianapolis, IN; Jessi Ann Cassada, Eli Lilly & Co., Indianapolis, IN; April Sellers, Indiana University Kelley School of Business, Bloomington, IN
- Legal Issues Related to Social Media: Best Practices for Monitoring, Managing, and Ethically Advertising on Social Media
Jury Selection, Recent Verdicts, and Trends in Individual and Mass Tort Drug/Device Litigation
11:15 AM – 12:30 PM
These leading trial lawyers and jury consultant will update you with highlights from some of the most recent drug and device results and provide insight at what factors may be influencing such outcomes from the current political climate to the generational makeup of modern juries.
Speakers: Robert T. Adams, Shook Hardy & Bacon LLP, Kansas City, MO; Marissa Beyers, Trial Behavior Consulting, Los Angeles, CA; Thomas P. Cartmell, Wagstaff & Cartmell LLP, Kansas City, MO; Diane P. Sullivan, Weil Gotshal & Manges LLP, Princeton, NJ
Brand Preemption, Innovator Liability, Personal Jurisdiction, And More… The Key Decisions Affecting Drug and Device Litigation in the Last Year
1:30 PM – 2:45 PM
The last 12 months have seen a number of cases with significant implications to pharmaceutical and medical device litigation in areas such as brand preemption, innovatory liability, personal jurisdiction, and more. These speakers will provide an overview of these and other key decisions affects drug and device litigation.
Speakers: Andrew Boczkowski, GlaxoSmithKline PLC, Philadelphia, PA.; Randall L. Christian, Bowman and Brooke LLP, Austin, TX; Teri H. Peeples, Sidley Austin LLP, New York, NY
- Brand Preemption, Innovator Liability, Personal Jurisdiction, And More… The Key Decisions Affecting Drug and Device Litigation in the Last Year
Effective Use of Science & Technology Court Education Days
3:00 PM – 4:00 PM
The last few years have seen an uptick in pharmaceutical mass torts and other complex litigation. This has increased the importance of Science and Technology Days to effectively educate the court. These speakers will provide an overview on the effective use of Science & Technology Days, including insight on timing and structure.
Speakers: Rayna E. Kessler, Robins Kaplan LLP, New York, NY; Thomas J. Sheehan, Phillips Lytle LLP, Buffalo, NY
- A Moment of Science Please: Effective Use of Science & Technology Court Education Days PowerPoint
- Court ‘Science Days’ May Not Benefit All Parties Equally
- Draft Taxotere Science Day Protocol
- Civil Trial Practice Standards
- Tutorials on Science and Technology
- Order Following Second Status Conference and Staying Submission of Plaintiff Fact Sheets
- Order Regarding Science Day and MDL Website
National Class Actions Trends and Caselaw Update
4:00 PM – 5:15 PM
Class actions remain among the most daunting civil litigation threats faced by product manufacturers. These speakers will provide an update on the latest legal developments in, and strategic considerations for class litigation.
Moderators: Michael L. Mallow, Shook Hardy & Bacon LLP, Los Angeles, CA; Dee Miles, Beasley Allen Law Firm, Montgomery, AL
Speakers: Marcy Hogan Greer, Alexander Dubose & Jefferson LLP, Austin, TX; Adam J. Levitt, DiCello Levitt Gutzler, Chicago, IL; David S. Stellings, Lieff Cabraser Heimann & Bernstein LLP, New York, NY
Friday, October 25
Inside View: Legal and Ethical Considerations for In-House Counsel
8:45 AM – 10:00 AM
Corporate counsel life can present its own set of challenges. With discussion of the model rules, this distinguished panel will address some of the issues faced by corporate counsel when retaining and managing outside counsel, related ethical considerations and compliance issues, as well as when dealing with complex litigation.
Moderators: Makenzie Windfelder, McCarter & English LLP, Wilmington, DE; Mary R. Pawelek, Bowman and Brooke LLP, Austin, TX
Speakers: Daniel Healey, Pfizer Inc., New York, NY; Taylor Reynolds, Allergan, Madison, NJ; Marc Shelley, Anheuser-Busch InBev, New York, NY; Amy Todd Klug, Daiichi Sankyo Inc., Basking Ridge, NJ
Key Considerations in Class Action Settlements
10:00 AM – 11:00 AM
With multiple moving parts, class action settlements can be difficult to navigate. Learn about the key issues to consider in reaching a class action settlement, presenting a class action settlement before a judge for approval, dealing with objectors, and executing the final details.
Speakers: Hon. Jay C. Gandhi (Ret.), JAMS, Los Angeles, CA; Eric Gibbs, Gibbs Law Group LLP, San Francisco, CA; Amy E. Keller, DiCello Levitt Gutzler, Los Angeles, CA
A View From The Bench: Judicial Perspectives on Managing Complex Litigation
11:15 AM – 12:30 PM
This panel of judges, moderated by representatives of both sides of the bar, will discuss best practices in effectively and efficiently managing complex litigation, federal/state coordination best practices, effective use of Science and Technology Days, issues surrounding common benefit funds, and appointment of leadership considerations such as diversity in the courtroom and developing the next generation of lead complex litigation lawyers.
Moderators: Khaldoun Baghdadi, Walkup Melodia Kelly & Schoenberger, San Francisco, CA; Jaime L. Dodge, Emory University School of Law, Atlanta, CA; Amir Nassihi, Shook Hardy & Bacon LLP, San Francisco, CA
Speakers: Hon. Robert M. Dow Jr., U.S. District Court for the Northern District of Illinois, Chicago, IL; Hon. William F. Highberger, Los Angeles Superior Court, Los Angeles CA; Hon. Brian Martinotti, U.S. District Court for the District of New Jersey, Trenton, NJ
- Order Granting Defendants Motion for Summary Judgment Based on Preemption
- Order Granting Defendants Motion for Summary Judgment to Dismiss All Claims on Preemption Grounds
- Risperdal: Plaintiffs’ Motion for Reconsideration of FDA Preemption Issue re Category II Plaintiffs: Denied with prejudice
- Third Amended Case Management Order No. 5 Re: Amended Short Form Plaintiff Fact Sheets, Full-Form Plaintiff and Defendant Fact Sheets, Call Notes and MIRS