Women in Products Liability CLE Workshop Thursday, November 15, - - PowerPoint PPT Presentation

Massachusetts

Women in Products Liability CLE Workshop

Thursday, November 15, 2012

Women in Products Liability

The ABA Section of Litigation Products Liability Committee 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 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, 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
• ne not to be missed. We look forward to seeing you in Boston!

Thursday, November 15, 2012 K&L Gates State Street Financial Center One Lincoln Street Boston, MA

2012 Program Co-Chairs

Sherry A. Knutson

Sidley Austin LLP

Whitney Frazier Watt

Stites & Harbison PLLC 2012 Program Vice Chair

Katy E. Koski

K&L Gates LLP WIPL Sub-Committee Co-Chairs

Amy Sherry Fischer

Foliart, Huff, Ottaway & Bottom

Adrienne D. Gonzalez

Kaye Scholer LLP Product Liability Committee Co-Chairs

Richard Gaal

McDowell Knight Roedder & Sledge L.L.C

Lori B. Leskin

Kaye Scholer LLP

Lara White

Adams and Reese 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 Venue Clarifjcation Act of 2011 (“JVCA”). The JVCA makes a variety of changes to sections of the United States Code such as the treatment of resident aliens (28 U.S.C. § 1332(a)), citizenship

• f corporations and insurance companies with foreign contacts (28 U.S.C. § 1332(c)(1)), and venue

(28 U.S.C. §§ 1390 et seq.). However, the most important provisions of the JVCA are those involving removal; these provisions address several issues that have generated confmicts in the lower courts, particularly for removal based on diversity jurisdiction. Please join our distinguished panelists comprised of practitioners from both sides of the bar, in-house counsel and an academic for a lively discussion of the overhaul of the federal jurisdictional statutes, including case law development since the effective date and what we may encounter in the future.

Co-Moderators:

Penelope A. Dixon

Carlton Fields, PA Tampa, FL

Patricia L. Wheeler

Godfrey & Kahn Madison, WI Panelists

Karen Munoz

Dolan Law, P.C. Chicago, IL

• Prof. Arthur D. Hellman

University of Pittsburgh School of Law Pittsburgh, PA

Megan S. Wynne

I-Flow, LLC Lake Forest, CA

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 Federal Rules of Civil Procedure 26 (effective December 2010) signifjcantly changed the rules governing expert discovery, including limiting the scope of expert information that is subject to discovery, creating a privilege protection over certain expert communications and draft reports, and providing new disclosure requirements for non-retained experts. Almost two years after this rule change, this panel of in-house and outside counsel will discuss how the amendments to FRCP 26 and case law interpreting the new provisions have impacted expert discovery, including what types of experts must provide a written report versus a disclosure, strategic considerations regarding hybrid fact/expert witnesses, privilege concerns with respect to communications with certain experts, and practical considerations for navigating this rule.

Co-Moderators:

Cassandre Charles

Chadbourne & Parke LLP New York, NY

Jana Jobes

Sidley Austin LLP Chicago, IL Panelists

Doug Pepe

Gregory P. Joseph Law Offices LLC New York, NY

Alisha Bloom

CompuGroup Medical USA Boston, MA

Mark Anstoetter

Shook, Hardy & Bacon L.L.P. Kansas City, MO

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 plaintiffs and defendants discuss and demonstrate methods for effective jury selection. The panel will identify problem jurors from both the plaintiff’s and defendant’s point of view and explore the use of tools like questionnaires and voir dire examination to successfully identify and strike problem jurors and keep the jurors you like.

Co-Moderators:

Kelly Anne Luther

Kasowitz Benson Torres & Friedman LLP Miami, FL

Lisa Reppeto

Jones Walker LLP Jackson, MS Panelists

Lara White

Adams and Reese LLP New Orleans, LA

Ann T. Greeley, Ph.D.

DecisionQuest State College, PA

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 profession, making revisions to the rules of professional conduct a paramount concern so that lawyers may seamlessly and ethically adapt to such changes. Rather than proposing radical changes to the professional conduct rules, however, recommendations made to the ABA’s House

• f Delegates for consideration have largely been designed to fjne tune, clarify and expand the

already existing, vibrant principles in the current rules. Discover from our panelists, who are intimately attuned to the revisions and experts in the professional rules, what approaches have been taken to modernize the rules of professional conduct and what the profession might expect the rules to look like in the future.

Co-Moderators:

Stephanie Flynn

Gallivan, White & Boyd, PA Greenville, SC

Kim Martin

Bradley Arant Boult Cummings LLP Huntsville, AL Panelists

Nathaniel Cade, Jr.

Gonzalez Saggio & Harlan LLP Milwaukee, WI

Professor Andrew M. Perlman

Suffolk University Law School Boston, MA

Nancy J. Marshall

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 certifjed; how are they used in the United States vs. Canada? All these questions and more will be addressed by our diverse international panel of lawyers with in-house, products, employment, and consumer experience, and we will address Canadian and United States rules applicable to class action proceedings. Our panelists will discuss the new joinder rules, the impact CAFA has had on actions overall, including the state exceptions, and “alternatives” to class action

• utcomes.

Co-Moderators:

Julie Callsen

Tucker Ellis LLP Cleveland, OH

Quo Vadis Cobb

Rockwell Automotive Mayfield Heights, OH Panelists

Steven M. Selna

Drinker Biddle & Reath LLP San Francisco, CA

Gordon McKee

Blake, Cassels & Graydon LLP 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

• f 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
• Bass, Berry & Sims PLC
• Bradley Arant Boult Cummings LLP
• Chadbourne & Parke LLP
• Corodemus & Corodemus Law, LLC
• Foliart, Huff, Ottaway & Bottom
• Goodwin Procter LLP
• Johnston Barton Proctor & Rose LLP
• Jones Walker LLP
• Kaye Scholer LLP
• K&L Gates LLP
• McCarter & English, LLP
• Quarles & Brady LLP
• Sidley Austin LLP
• Stites & Harbison PLLC

Name Company Address City State Zip Telephone Fax E-Mail Address ABA Member No. The information submitted on this registration form will be used only to create an attendance list for the Women In Products Liability Regional CLE Workshop.

Registration Fees

$140.00 Section of Litigation members $200.00 Non-Section members Registration fee includes course materials, continental breakfast, lunch, p.m. snack and cocktail reception following the meeting. Checks for attendance and course materials should be made payable to the AMERICAN BAR ASSOCIATION (no credit cards).

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I will attend the meeting and my check for $ 140.00 is enclosed.

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I am unable to attend the meeting, but please send the course materials to the above address, at a cost of $35.00, a check for which is enclosed. To register online click here or go to: http://www.americanbar.org/groups/litigation/events_cle/2012-wipl-workshop.html A limited amount of scholarships are available for this program. For more information, please contact Katie Schweighart at (312) 988-6714. Tax Deduction for Educational Purposes: In the United States, an income tax deduction may be allowed for educational expenses undertaken to maintain or improve profes- sional skills. This excludes registration, travel, meals and lodging (see Tres. Reg. 1.162.5) (Coughlin v. Commissioners, 203 F .2d 307) Business casual dress is encouraged for all participants.

Providing your email address allows you to receive promotions & communication from the Section of Litigation and other ABA entities.

REGISTRATION FORM