THE LOUISIANA LAW REVIEW

March 22, 2013LSU Law CenterMcKernan AuditoriumBaton Rouge, LA

FREE CLE6.00 Louisiana Credit Hours

Eastern District of Louisiana:

The Nation’s MDL Laboratory

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Friday, March 22, 2013

8:00-8:30 a.m. Registration and Continental Breakfast (provided)

8:30-8:45 a.m. Welcome Address & Opening Remarks

Chancellor Jack Weiss

Professor Margaret Thomas

8:45-9:45 a.m. Introduction to Multidistrict Litigation

Moderator: Professor Margaret Thomas

The Honorable Eldon Fallon

The Honorable Kurt D. Engelhardt

The Honorable Stanwood Duval

9:50-10:50 a.m. Selection of Lead Counsel

Moderator: The Honorable Lee Rosenthal

The Honorable Stanwood Duval

The Honorable Kurt D. Engelhardt

Elizabeth Cabraser

Professor Francis McGovern

10:55-11:55 a.m. Settlements & Attorney’s Fees

Moderator: Professor Francis McGovern

Elizabeth Cabraser

Calvin Fayard

Patrick Juneau

Professor Samuel Issacharoff

Teddy Rave

12:00-12:30 p.m. Lunch Break

12:30-1:30 p.m. Lunch Presentation

Compensating the Victims After the Deepwater Horizon Disaster

Professor Samuel Issacharoff

Teddy Rave

1:35-2:35 p.m. Reporting Time & Expense

Moderator: Professor Francis McGovern

Philip Garrett

2:40-3:40 p.m. Common Benefit Fund

Moderator: Professor Francis McGovern

The Honorable Eldon Fallon

Jeremy Grabill

Allan Kanner

3:40-3:45 p.m. Closing Remarks

Leonard Davis

Schedule

Eastern District of Louisiana: The Nation’s MDL LaboratoryMcKernan Auditorium, LSU Law Center

A SYMPOSIUMPRESENTED BY

Louisiana Law Review

Leonard A. DavisHerman, Herman & Katz, L.L.P. Leonard A. Davis is a partner of Herman, Herman & Katz, L.L.P., as well as the national firm of Herman Gerel, LLP, headquar-tered in Atlanta, Georgia. After receiving his B.A. from the University Texas at Austin, Mr. Davis attended Tulane University School of Law where he received his Juris Doctorate in 1984. Mr. Davis’ practice includes corporate law, commercial litigation, complex business litigation, multi-district litigation, mass torts, class ations, and railroad crossing matters. Mr. Davis is a member of the Louisiana State Bar Association, New Orleans Bar Association, Federal Bar Association, American Bar Association (Member of Section of Business Law), American Association for Justice, The Mass Tort Lawyers Association and the Louisiana Association for Justice. He teaches Complex Litigation at Tulane Law School as an adjunct professor.

Calvin FayardFayard & Honeycutt Calvin Fayard is a native of Louisiana, and is a graduate of Southeastern Louisiana University and Louisiana State Univer-sity Law Center. In practice for over forty years, he founded the law firm of Fayard & Honeycutt, which practices complex and environmental litigation both locally and nationally. Mr. Fayard is recognized as a skillful and innovative negotiator of complex litigation settlements. He serves on the Plaintiffs Steering Committee for the BP Deepwater Horizon oil spill litigation and as lead negotiator, he helped reach the two settlements with BP that were granted preliminary approval on May 2, 2012, one of which is the largest civil class action settlement in U.S. history. Mr. Fayard is a member of the International Academy of Trial Lawyers, a worldwide association of accomplished attorneys. He has published numerous articles and several compilations on complex and class action litigation. He was an elected delegate to the 1973 Louisiana Constitutional Convention.

Philip GarrettPhilip A Garrett, CPA Philip Garrett is the owner of Philip A. Garret, CPA. He is recognized as an expert in both Federal and State courts through-out Louisiana. He has over 40 years of expereience in public accounting in the New Orelans area. He also has 25 years of experi-ence working mainly in the litigation area.

Jeremy GrabillPhelps Dunbar L.L.P. Mr. Grabill practices in the areas of commercial litigation, products liability, and mass torts. He has represented defendants in several prominent mass tort litigations, including the In re World Trade Center Disaster Site litigation in the Southern District of New York and the In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico multidistrict litigation in the Eastern District of Louisiana. Before joining Phelps Dunbar, Mr. Grabill was an associate at Weil, Gotshal & Manges LLP in New York from 2008-2012. He also served as a law clerk to U.S. District Court Judge Eldon E. Fallon of the Eastern District of Louisiana from 2006-2008, during which time Judge Fallon presided over the In re Vioxx Products Liability multidistrict litigation. He received his J.D. from Tulane University Law School in 2006, where he served as Managing/Symposium Editor of the Tulane Law Review.

Professor Samual IssacharoffNew York University School of Law Samuel Issacharoff is the Reiss Professor of Constitutional Law at New York University. He teaches and writes in a variety of areas, including constitutional law and complex litigation. He is a Fellow of the American Academy of Arts and Sciences, and he served as the Reporter for the American Law Institute’s Principles of Aggregate Litigation (2010).

Patrick JuneauJuneau David, APLC Patrick Juneau is a 1965 graduate of the LSU Law Center, and the LSU Law Center 2006 Distinguished Alumnus of the Year. He is a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has been appointed Special Master in the following: In Re: Combustion, Inc., MDL; In Re: New Orleans Tank Car, MDL; In Re: Educational Testing, MDL; In Re: Vioxx Products Liability, MDL; In Re: Toyota Motor Corp., MDL; In Re: Guidant Corp., MDL; and In Re: Oil Spill by Oil Rig “Deepwater Horizon,” MDL.

Allan KannerKanner & Whiteley, L.L.C. Allan Kanner is the founding member of Kanner & Whiteley, L.L.C., a national litigation firm based in New Orleans, Louisiana, where he specializes in environmental, toxic tort, class action, and complex business litigation. Numerous courts have acknowl-edged his complex litigation and courtroom expertise. He has been lead or co-lead counsel in a variety of MDLs. Mr. Kanner currently represents the State of Louisiana in the BP Oil Spill Litigation. Additionally, Kanner continues to represent New Jersey in various natural resource damages cases. Kanner has been an Adjunct Professor of Law at Tulane University Law School, and a Visiting Professor at Yale Law School, Duke Law School, and the University of Texas Law School. He earned his B.A. from the University of Pennsylvania and J.D. from Harvard Law School. He is also the author of over 80 scholarly articles and two books, which have been regularly cited by various courts throughout the United States.

Professor Francis E. McGovernDuke University School of Law Francis E. McGovern, professor of law, Duke University, is an originator of alternative dispute resolution to improve the litigation process. As a court-appointed special master or neutral expert, he has developed solutions in over 70 complex cases in the U.S. and abroad including Gulf oil spill, DDT, Dalkon Shield, silicone get breast implants, asbestos, water rights, civil rights, and the first Gulf War.

Theodore RaveFurman Fellow, New York University School of Law Theodore Rave is a Furman Fellow at New York University School of Law. Before beginning his fellowship he clerked for Judge Sand on the Southern District of New York and Judge Katzmann on the Second Circuit and worked in the Issues and Ap-peals practice at Jones Day. He writes about civil procedure, complex litigation, and election law and has articles appearing in the Harvard Law Review and the Vanderbilt Law Review.

The Honorable Stanwood R. Duval, Jr.United States District Court for the Eastern District of Louisiana Stanwood R. Duval, Jr. was sworn in as United States District Judge for the Eastern District of Louisiana on October 31, 1994. His official duty station is New Orleans, Louisiana. Judge Duval received a B.A. degree in 1964 from Louisiana State University and a J.D. degree in 1966 from LSU Law School. From 1966 until his appointment to the federal bench, Judge Duval practiced law in Houma, Louisiana, as a partner with Duval, Funderburk, Sundberry & Lovell, L.L.P. Additionally, during those years he was Assistant City Attorney from 1970 to 1972 and the Parish Attorney for the Terrebonne Parish Consolidated Government from 1988 to 1992. Judge Duval served as a member of the Indigent Defender Board from 1976 to 1982 and was an elected delegate to the Louisiana Constitutional Convention of 1973 (member, Committee on Executive Branch) and elected to Committee to Write Rules of Procedure. Judge Duval was a Member of the Advisory Committee on Appellate Rules of the Judicial Confer-ence of the United States Courts, 1997-2003, the Council of the Louisiana Law Institute, 1996-2000, and the Fifth Circuit Judicial Council, 2004-2007. He was also President of the Tulane Inns of Court, 2001-2004, and is on the Board of Directors of Covenant House of New Orleans, a non-profit corporation which provides aid to homeless adolescents, 2001 to date.

The Honorable Kurt D. EngelhardtUnited States District Court for the Eastern District of Louisiana Judge Kurt D. Engelhardt was appointed by President George W. Bush to the United States District Court for the Eastern District of Louisiana on December 13, 2001. He received a Bachelor of Arts in History in 1982 from Louisiana State University in Baton Rouge and received his law degree from LSU in 1985. Prior to his appointment to the federal bench, Judge Engelhardt was a partner with the Metairie, Louisiana law firm of Hailey, McNamara, Hall, Larmann & Papale, where his practice included all aspects of commercial transactions and commercial litigation, including real estate, bankruptcy, insurance defense and cover-age issues, RICO, contract disputes, and construction litigation, along with some practice in the areas of personal injury litiga-tion and white collar criminal defense work. In 1995, Judge Engelhardt was appointed by the Governor to serve a four-year term on the nine-member Louisiana Judiciary Commission; in 1998, he was elected by his fellow commission members to serve as Chairman. His work on the Judicial Commission has been cited for its excellence by the Louisiana Supreme Court. In 2004, Judge Engelhardt was appointed by United States Supreme Court Justice Rehnquist to serve on the Judicial Conference Committee on Federal-State Jurisdiction, where he served two terms. He currently serves on the U.S. Fifth Circuit’s Committee on Criminal Pat-tern Jury Instructions, charged with drafting and updating jury instructions for use throughout the Circuit. He is also a member of several professional organizations including the Advisory Board of the New Orleans Chapter of The Federalist Society; the Board of Directors (and past president) of the New Orleans Chapter of the Federal Bar Association.

The Honorable Eldon E. FallonUnited States District Court for the Eastern District of Louisiana Honorable Eldon E. Fallon received his B.A. and J.D. degrees from Tulane University and earned his LL.M. degree from Yale School of Law. He was a partner in the New Orleans law firm of Gainsburgh, Benjamin, Fallon & David. He is a member of the New Orleans, Louisiana State, American Bar Associations, the American College of Trial Lawyers and The American Law Institute. He is a past president of the Louisiana State Bar Association and the Louisiana Bar Foundation. Judge Fallon is the author of several books and numerous law review articles. He was appointed United States District Judge for the Eastern District of Louisiana in 1995.

The Honorable Lee RosenthalUnited States District Court for the Southern District of Texas Judge Lee H. Rosenthal was appointed a United States District Court Judge for the Southern District of Texas, Houston Divi-sion in 1992. Before then, she was a partner at Baker & Botts in Houston, Texas, where she tried civil cases and handled appeals in the state and federal courts. She received her undergraduate and law degrees from the University of Chicago and served as law clerk to Chief Judge John R. Brown, United States Court of Appeals for the Fifth Circuit. Chief Justice Rehnquist appointed Judge Rosenthal as a member of the Judicial Conference Advisory Committee on Civil Rules in 1996. She served as chair of the Class Actions subcommittee during the development of the 2003 amendments to Rule 23. Chief Justice Rehnquist appointed Judge Rosenthal chair of the Civil Rules Committee in 2003. In 2007, Chief Justice Roberts appointed Judge Rosenthal to chair the Judicial Conference Committee on the Rules of Practice and Procedure, which coordinates and oversees the work of the Advisory Committees for the Civil, Criminal, Evidence, Appellate, and Bankruptcy Rules. She served as chair until October 2011. Judge Rosenthal frequently teaches, lectures, and writes on complex litigation and case management.

Elizabeth CabraserLieff, Cabraser, Heimann & Bernstein, LLP Elizabeth J. Cabraser is a founding partner of Lieff Cabraser Heimann & Bernstein with 34 years experience representing plaintiffs in securities, antitrust/unfair competition, product liability, consumer fraud, mass tort, civil rights, and employment discrimination litigation in federal and state courts. She served as court-appointed lead/co-lead counsel in over 85 federal multidistrict and state proceedings, currently serving in leadership roles in the Toyota and B.P. Oil Spill litigations. She teaches complex litigation at Berkeley and Columbia Law Schools, is Editor-in-Chief of California Class Action Practice and Procedure, and regularly writes on class action complex litigation and due process topics for law reviews and practitioners’ publications. Ms. Cabraser is repeatedly named in National Law Journal’s “100 Most Influential Lawyers in America,” its “50 Most Influential Women Lawyers,” and included in the Daily Journal’s “Top 100 Lawyers” annually since 1998. In 2010, Ms. Cabraser was appointed to serve on the Federal Rules Advisory Committee.

Eastern District of Louisiana: The Nation’s MDL LaboratoryMarch 22, 2013

Registration Form (only one registrant per form)

NAMETITLENAMETAGORGANIZATIONCOMPANYLAW SCHOOLADDRESSCITY State ZipPHONE ( ) FAX ( )E-MAIL LA BAR #WILL YOU ATTEND THE COMPLIMENTARY LUNCH? YES NO

Register by fax (225) 578-1685, scan & email to lawreview@law.lsu.edu, or print and return to:

Louisiana Law ReviewW114 Paul M. Hebert Law Center

1 E. Campus Dr., Louisiana State UniversityBaton Rouge, LA 70803

FREE REGISTRATION AND CLE CREDIT

Lunch will be available at no charge, however, pre-registration is required.The deadline to pre-register is March 15.

LOCATION LSU Law Center McKernan Auditorium 1 East Campus Drive Baton Rouge, LA 70803

TIME 8:30 a.m.

For more information contact Melinda Braud (225) 578-1683