Women in Products Liability 2016 Regional CLE Presented by the ABA Section of Litigation Women in Products Liability Subcommittee of the Products Liability Committee Blank Rome LLP 130 N. 18th Street Philadelphia, PA November 3, 2016 The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states somemes do not ap- prove a program for credit before the program occurs. This course is expected to qualify for 6.25 CLE credit hours in 60-minute states, and 7.5 credit hours in 50-minute states. This transional program is approved for both newly admied and experienced aorneys in NY. Aorneys may be eligible to receive CLE credit through reciprocity or aorney self-submission in other states. For more informaon about CLE accreditaon in your state, visit hp://www.americanbar.org/cle/mandatory_cle.html or contact Lauren Krauth at (312) 988-6245. Regional CLE Workshop:
Transcript
Women in Products Liability
2016 Regional CLE
Presented by the ABA Section of Litigation Women in Products Liability Subcommittee of the Products Liability Committee
Blank Rome LLP
130 N. 18th Street
Philadelphia, PA
November 3, 2016
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA,
MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not ap-
prove a program for credit before the program occurs. This course is expected to qualify for 6.25 CLE credit hours in 60-minute states, and 7.5
credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may
be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in
your state, visit http://www.americanbar.org/cle/mandatory_cle.html or contact Lauren Krauth at (312) 988-6245.
Regional CLE Workshop:
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Thursday, November 3, 2016
8:30 am – 8:45 am Breakfast
8:45 am – 10:00 am
The More Things Change…Daubert Dos and Don’ts
This panel will discuss the current state of the law regarding Daubert challenges to expert testimony in products liability cases. It will provide guidance on how to set up a Daubert motion at the outset of the case in order to set up a strong Daubert challenge, and will include tips on preparing for and taking the deposition of your adversary’s expert, as well as engaging in effective fact discovery. The panel will discuss what, if anything, you should do with your own expert to set up a Daubert motion.
It will also explore the effects of multi-district litigation on Daubert challenges.
Moderator: Sheila Boston, Kaye Scholer LLP, New York, NY
Panelists: Sheila Birnbaum, Quinn Emanuel, New York, NY; Meta C. Danzey, Butler Snow,
Gulfport, MS; Terry Henry, Blank Rome LLP, Philadelphia, PA
10:15 am – 11:30 am
From the Inside Out: Strategies for Making An Impression Before, During, and After A Case
This don’t-miss panel will provide concrete tips and strategies for demonstrating your value to both internal and external clients before, during, and after litigation. Topics include getting the business; best practices for managing e-discovery; pre-trial and trial strategy tips; and furthering relationships
after the litigation ends.
Moderator: Sarah Cronan, Husqvarna Group, Charlotte, NC
Panelists: Sarah Heineman, Bayer Corporation, Pittsburgh, PA; Michelle A. Ramirez, Sidley Austin
LLP, Chicago, IL; Lara E. White, Adams and Reese LLP, New Orleans, LA
11:30 am—12:30 pm Lunch
12:35 pm – 1:50 pm
Women as First Chairs
This panel will offer an interactive, engaging discussion among two sitting judges, in-house counsel, and outside counsel of Stephanie Scharf’s and Bobbi Leibenberg’s report, “First Chairs at Trial: More Women Needed at the Table.” This report is “a first-of-its-kind empirical study of the participa-tion of women and men as lead counsel and trial attorneys in criminal and civil litigation,” and the gender gap in the ranks of lead trial lawyers. [A Note from the Authors, “First Chairs at Trial.”] Ms. Scharf’s and Ms. Leibenberg’s report includes recommendations for closing this gap, setting forth a number of best practices and strategies that can be implemented by law schools, law firms, courts,
clients, and women lawyers themselves to increase the ranks of women lead counsel.
Moderator: Connie Matteo, Pfizer, Inc., New York, NY
Panelists: Hon. Arnold L. New, Court of Common Pleas, Philadelphia, PA; Hon. Cynthia M. Rufe, U.S. District Court Eastern District of PA, Philadelphia, PA; Stephanie A. Scharf, Scharf, Banks,
and Marmor, LLC, Chicago, IL; Bobbi Leibenberg, Fine Kaplan and Black, R.P.C., Philadelphia, PA
Program Agenda
This regional CLE workshop will feature five (5) CLE programs covering areas of substantive law, trial skills and ethics. There will also be several networking opportunities, including a networking breakfast and lunch. Attendees will also be invited to join us for a joint reception with the attendees of the Medical Device, Pharmaceutical, and Biotech subcommittee regional CLE. The reception will immediately follow this program and will be held at the offices of Drinker Biddle and Reath LLP.
Thursday, November 3, 2016
1:55 pm – 3:10 pm
Trial Skills, Trial-Focused Discovery: What You Need and How to Use It
Experienced plaintiff and defense attorneys will discuss how to obtain and ultimately use discov-ery that will be most beneficial at trial. The panelists will explain the importance of developing and implementing a trial-focused discovery strategy. Among other things, they will share tips and experiences related to how to use written discovery, witness preparation, depositions, and other
discovery tools effectively to present (and win) your case.
Moderator: Kristine Meredith, Danko Meredith, Redwood Shores, CA
Panelists: Melissa Graff, Drinker Biddle & Reath LLP, Philadelphia, PA, Sarah R. London, Lieff Cabraser, San Francisco, CA; Whitney Frazier Watt, Stites & Harbison, Louisville, KY;
Jessalyn H. Zeigler, Bass, Berry & Sims, PC, Nashville, TN
3:15 pm – 4:30 pm
The Role of Third-Party Litigation Finance in Modern Dispute Resolution
The program will provide an overview of third-party litigation finance generally, including the differences between commercial and consumer litigation finance, the various ways that third-party litigation finance is utilized by law firms and clients, and the types of legal claims regularly funded by third-party litigation finance companies. In addition, the program will address the legal and ethical issues surrounding third-party litigation finance, including champerty, maintenance, and barratry; the discoverability of funding relationships; the applicability of the attorney-client privilege and the attorney work product doctrine; and concerns over confidentiality, control, and decision making. Finally, the program will provide an overview of the investment process,
including underwriting and investment selection, and the structuring of investments.
Moderator: Meghan Magruder, King & Spalding, Atlanta, GA
Panelists: Leslie D. Davis, Riley Safer Holmes & Cancila, LLP, Chicago, IL; Deborah S. Dixon, Gomez Trial Attorneys, San Diego, CA; Michael A. Nicolas, Longford Capital Management, LP, Chicago, IL; Melissa A. Smart, The Attorney Registration and Disciplinary Commission of the
Supreme Court of Illinois, Chicago, IL
5:00 pm – 6:30 pm Joint Networking Reception with Pharmaceutical, Medical Device, and Biotech Litigation Sub-
committee at Drinker Biddle & Reath, One Logan Square, Suite 2000, Philadelphia
Registration The Women in Products Liability 2016 Annual Regional CLE
November 3, 2016
Philadelphia, PA
The information submitted on this registration form will be used only to create an attendance list for The Women in Prod-
ucts Liability 2016 Annual Regional CLE.
Full Name:
Member ID:
Affiliation:
Address :
Apt. #: City: State: Zip Code:
Phone:
Email:
A limited number of scholarships are available for this program. For more information, please contact: Lauren Krauth at
(312) 988-6245.
Registration Information
$175.00 Section of Litigation members
$235.00 Non-Section members
$50.00 In-House Counsel
Checks for attendance and course materials should be made payable to the AMERICAN BAR ASSOCIATION (credit
cards for online registration only).
I will attend the meeting and my check for $_______.00 is enclosed.
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.
Please send your Registration Form and check to:
American Bar Association
Attn: Service Center – Meeting/Event Registrations Department
321 N. Clark Street, Floor 16
Chicago, IL 60654
Secure Fax Number: 312-988-5850
Meeting Code: LTWIPL16
Section Books New Books / Books Related to Programming
Purchase at ambar.org/ltigationbooks or call 800-285-2221
New! The Trial Lawyer’s Guide to Success and Happiness By Lawrence D. Rosenberg, David A. Soley, and Deborah A. Topol, M.D. Written by two trial attorneys and a medical doctor, the advice offered throughout this book will guide you
in building a satisfying and successful career that is supported by a healthy and rewarding lifestyle.
New! The Law of Class Action: Fifty-State Survey 2015-2016 This book is a valuable tool for both in-house and outside counsels who confront the prospect of litigating
class actions in state forums with which they may have little or no experience and must make informed
recommendations on removal. Succinct summaries are prepared by litigators from each of the respective
states and address significant case law and changes in rules and statutes.
New! An Introduction to Health Law Litigation Based on Contract and Government Claims By Aaron Krauss Litigators seeking to gain experience in health law litigation, as well as those looking for guidance on a
specific issue, will find in this book practical advice on how to try health law cases and suggestions for
“issue spotting” and case management.
Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois By Hon. Martha A. Mills (Ret.) This book provides an inside look at the struggle for civil and voting rights in Mississippi and Cairo, IL, in
the 1960s–70s from a trial lawyer’s perspective. The book takes a look at some major cases, including a
million-dollar verdict against the Ku Klux Klan, milestone Supreme Court cases involving the 1871 Civil
Rights Act and the 1965 Voting Rights Act, and more. Author Mills lived and worked in an ardent segre-
gationist culture fraught with danger, filled with both heroes and villains.
Practice Points for Trial Lawyers: A View from Both Sides of the Bench By Hon. Mark Allen Drummond This book is designed for those who are or aspire to be trial lawyers, and those who are preparing to try
cases. Judge Mark A. Drummond’s experience includes 20 years in front of the bench trying cases and
another 15 years on the trial bench, which gives him a unique perspective. In addition, for 30 years Drum-
mond has trained advocates from Tasmania to Tanzania, from Boston to Beijing. That includes large and
small firms, corporations, the National Institute for Trial Advocacy, the U.S. Department of Justice, the
Attorney General’s offices for Illinois and New York, and the Department of the Navy.
Section Books New Books / Books Related to Programming
Purchase at ambar.org/litigationbooks or call 800-285-2221
A Brief Guide to Brief Writing: Demystifying the Memorandum of Law
By Janet S. Kole
Persuasive brief writing—which involves a combination of legal reasoning and good storytelling—is a skill that
can be learned by following the principles in this book. Learn how to construct your client’s story in a manner
that effectively shows the court why your client should win.
Humor in the Salt Mines: A Master Lawyer’s Guide to Associate Success By Asa Roundtree Humor in the Salt Mines is a collection of the author’s well-honed views on how to practice law, offering ad-
vice that is timeless and practical, but also humorous. This collection hints at the great pleasure that can be
had in aiming for excellence as a lawyer.
Nine Principles of Litigation and Life By Michael Tigar Widely regarded as a top trial lawyer, Michael Tigar reflects on the principles of action that are needed in
litigation and in life. Nine Principles of Litigation and Life draws compelling parallels between being a success-
ful trial lawyer and living a purposeful life. Unique and introspective, the book looks at legal history and Tigar’s
experiences to craft a message for all trial lawyers about the importance of their work.
Representing Clients in Mediation
By Spencer M. Punnett II
Based on extensive research, this comprehensive, 600-page book helps both experienced counsel and rook-
ies advance their client’s cause more effectively at every stage of the mediation process. Included are in-
sights and advice culled from dozens of interviews with litigators in private practice, inside counsel, mediators,
mediation program administrators, and law professors specializing in the field.
Rantings of a Partner and Pushback from the Associate
By Bart L. Greenwald
Law firm partners have no shortage of opinions about associates, and associates have plenty to say about
working with partners. This book gives both parties a forum to express their views about the current practice
of law. Among the rantings and pushback are invaluable tips and advice for succeeding in a law firm.
