Women in Products Liability CLE Workshop Thursday, November 15, 2012 Massachusetts
The ABA Section of Litigation Products Liability Committee Women in Thirteenth Annual Regional CLE Workshop We are pleased to invite you to join us for the Thirteenth Annual Women in Products Liability Regional CLE Workshop sponsored by the Women in Products Products Liability Subcommittee of the Products Liability Committee of the Section of Litigation of the American Bar Association. We have once again assembled an exceptional, diverse and well-rounded group of moderators and panelists, Liability including in-house counsel, plaintiffs’ counsel, defense counsel and consultants to the legal profession to discuss important topics in the fjeld of products liability litigation. The outstanding CLE and networking opportunities make this workshop one not to be missed. We look forward to seeing you in Boston! Thursday, November 15, 2012 2012 Program Co-Chairs K&L Gates Sherry A. Knutson Whitney Frazier Watt Sidley Austin LLP Stites & Harbison PLLC State Street Financial Center One Lincoln Street 2012 Program Vice Chair Katy E. Koski Boston, MA K&L Gates LLP WIPL Sub-Committee Co-Chairs Amy Sherry Fischer Adrienne D. Gonzalez Foliart, Huff, Ottaway & Bottom Kaye Scholer LLP Product Liability Committee Co-Chairs Richard Gaal Lara White McDowell Knight Roedder & Sledge L.L.C Adams and Reese LLP Lori B. Leskin Kaye Scholer LLP
Breakfast and Opening Remarks 8:00 – 9:00 am 1 Changes To Removal and Remand Procedures For Civil Actions 9:00 – 10:15 am On December 7, 2011, President Obama signed into law the Federal Courts Jurisdiction and Co-Moderators: Panelists Venue Clarifjcation Act of 2011 (“JVCA”). The JVCA makes a variety of changes to sections of Penelope A. Dixon Karen Munoz the United States Code such as the treatment of resident aliens (28 U.S.C. § 1332(a)), citizenship Carlton Fields, PA Dolan Law, P.C. of corporations and insurance companies with foreign contacts (28 U.S.C. § 1332(c)(1)), and venue Tampa, FL Chicago, IL (28 U.S.C. §§ 1390 et seq.). However, the most important provisions of the JVCA are those Patricia L. Wheeler Prof. Arthur D. Hellman involving removal; these provisions address several issues that have generated confmicts in the Godfrey & Kahn University of Pittsburgh School of Law lower courts, particularly for removal based on diversity jurisdiction. Please join our distinguished Madison, WI Pittsburgh, PA panelists comprised of practitioners from both sides of the bar, in-house counsel and an academic Megan S. Wynne for a lively discussion of the overhaul of the federal jurisdictional statutes, including case law I-Flow, LLC Lake Forest, CA development since the effective date and what we may encounter in the future. 2 Changes in Rule 26 Expert Disclosures 10:30 – 11:45 am Expert discovery is unquestionably signifjcant in a products liability action. The amendments to Co-Moderators: Panelists Federal Rules of Civil Procedure 26 (effective December 2010) signifjcantly changed the rules Cassandre Charles Doug Pepe governing expert discovery, including limiting the scope of expert information that is subject to Chadbourne & Parke LLP Gregory P. Joseph Law Offices LLC discovery, creating a privilege protection over certain expert communications and draft reports, New York, NY New York, NY and providing new disclosure requirements for non-retained experts. Almost two years after this Jana Jobes Alisha Bloom rule change, this panel of in-house and outside counsel will discuss how the amendments to Sidley Austin LLP CompuGroup Medical USA FRCP 26 and case law interpreting the new provisions have impacted expert discovery, including Chicago, IL Boston, MA what types of experts must provide a written report versus a disclosure, strategic considerations Mark Anstoetter regarding hybrid fact/expert witnesses, privilege concerns with respect to communications with Shook, Hardy & Bacon L.L.P. Kansas City, MO certain experts, and practical considerations for navigating this rule. Whitney Case Cohen Milstein Sellers & Toll PLLC Washington, DC Networking Luncheon 11:45 am – 1:00 pm
3 Jury Selection: Practical Strategies for Recognizing and Avoiding Problem Jurors 1:00 – 2:30 pm An experienced jury consultant, a sitting trial judge, and seasoned trial attorneys for both Co-Moderators: Panelists plaintiffs and defendants discuss and demonstrate methods for effective jury selection. The Kelly Anne Luther Lara White panel will identify problem jurors from both the plaintiff’s and defendant’s point of view and Kasowitz Benson Torres Adams and Reese LLP explore the use of tools like questionnaires and voir dire examination to successfully identify and & Friedman LLP New Orleans, LA Miami, FL strike problem jurors and keep the jurors you like. Ann T. Greeley, Ph.D. Lisa Reppeto DecisionQuest Jones Walker LLP State College, PA Jackson, MS Judge Maynard Kirpalani Superior Court of Massachusetts Tricia (C.K.) Hoffmer Edmond & Lindsay LLP Atlanta, GA Afternoon Break 2:30 – 2:45 pm 4 A Look at Changes to the Professional Conduct Rules 2:45 – 3:45 pm Globalization and technology have had a revolutionary and irrevocable impact on the legal Co-Moderators: Panelists profession, making revisions to the rules of professional conduct a paramount concern so that Stephanie Flynn Nathaniel Cade, Jr. lawyers may seamlessly and ethically adapt to such changes. Rather than proposing radical Gallivan, White Gonzalez Saggio & Harlan LLP changes to the professional conduct rules, however, recommendations made to the ABA’s House & Boyd, PA Milwaukee, WI Greenville, SC of Delegates for consideration have largely been designed to fjne tune, clarify and expand the Professor Andrew M. Perlman already existing, vibrant principles in the current rules. Discover from our panelists, who are Kim Martin Suffolk University Law School intimately attuned to the revisions and experts in the professional rules, what approaches have Bradley Arant Boult Cummings Boston, MA LLP been taken to modernize the rules of professional conduct and what the profession might expect Nancy J. Marshall Huntsville, AL the rules to look like in the future. Deutsch, Kerrigan & Stiles LLP New Orleans, LA
5 New Trends in Class Actions 3:45 – 5:00 pm How to utilize their rules, how to circumvent their rules; how to get certifjed, how to avoid getting Co-Moderators: Panelists certifjed; how are they used in the United States vs. Canada? All these questions and more will Julie Callsen Steven M. Selna be addressed by our diverse international panel of lawyers with in-house, products, employment, Tucker Ellis LLP Drinker Biddle & Reath LLP and consumer experience, and we will address Canadian and United States rules applicable to Cleveland, OH San Francisco, CA class action proceedings. Our panelists will discuss the new joinder rules, the impact CAFA Quo Vadis Cobb Gordon McKee has had on actions overall, including the state exceptions, and “alternatives” to class action Rockwell Automotive Blake, Cassels & Graydon LLP outcomes. Mayfield Heights, OH Toronto, Ontario, Canada Sharon Luarde Brouse McDowell Cleveland, OH Section Sponsors:
Registration/MCLE Credit Visit http://www.americanbar.org/groups/litigation/events_cle.html to register on-line or return the registration form with your payment (checks only) to the ABA. If you wish to take advantage of the on-line registration, please note that the cut-off date is Thursday November 1, 2012. If you decide to register after this date, you must do so by registering on-site. Registration Cancellations – Requests for refunds must be made in writing and received no later than Monday, October 29, 2012 in the Section of Litigation offjce. Please fax or email your request to Katie Schweighart, fax 312-988-6234, katie.schweighart@americanbar.org. There will be a $50 administrative fee deducted from the refund. Cancellations received after Monday, October 29, 2012 will not be refunded; however, the Section will gladly accept substitutions for those unable to attend. MCLE Credit has been requested from MCLE states with general requirements for all attorneys. Each state has its own rules and regulations; therefore, certain programs may not receive full credit in some states. Please check with your state for confjrmation of the program’s approval or contact Katie Schweighart, tel 312-988-6714, katie.schweighart@americanbar.org. for confjrmation of the number of credits approved by any particular state. WIPL has not reserved a block of rooms for this meeting; however, the following hotels are located in the vicinity of K&L Gates. A K&L Gates rate may be available at certain hotels. • Hyatt Regency Financial – (617) 912-1234 (use code 21461 to obtain the preferred rate) • Intercontinental Boston – (617) 747-1000 Please check the WIPL registration page for more information. Special Thanks To Our Sponsors • Adams and Reese LLP • Foliart, Huff, Ottaway & Bottom • K&L Gates LLP • Bass, Berry & Sims PLC • Goodwin Procter LLP • McCarter & English, LLP • Bradley Arant Boult Cummings LLP • Johnston Barton Proctor & Rose LLP • Quarles & Brady LLP • Chadbourne & Parke LLP • Jones Walker LLP • Sidley Austin LLP • Corodemus & Corodemus Law, LLC • Kaye Scholer LLP • Stites & Harbison PLLC
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