Preparing to Face Current Litigation Challenges,
Predicting Risk and Ensuring the Funds Needed to Win


*Agenda is subject to change.

Registration & Breakfast


Chairperson’s Opening Remarks

  • Eric Sarner | Chief Litigation Counsel | Linde

Preparing For Litigation – An Overview of What’s New for 2020

In this session we are going to take a quick overview as to what’s new in litigation for 2020. Where are the litigation vulnerabilities going to be found? What to do to avoid litigation? How to cover the cost of litigation?

  • Robert Stern | Partner | Orrick, Herrington & Sutcliffe LLP

The Power of Partnering: How Strong Counsel Collaboration Can Assist Your Litigation Strategy

Building an effective outside counsel team has always been one of the keys to successful litigation management for in-house counsel. Due to the rise of complex multi-jurisdictional legal issues, the availability of technology and the mobility of lawyers, it is more important than ever to use a creative or “bespoke” outside counsel team. This approach is often referred to as a Virtual Law Firm (VLF), which are comprised of lawyers from multiple firms in different jurisdictions and with different expertise who are all dedicated to and specialized in your company’s specific litigation needs. Using a question and answer format, this session will look at how in-house counsel can create a cohesive and collaborative team of lawyers from various firms and areas to ensure you have the best litigation strategy possible, including VLFs.  

  • Lisa Marcy | Partner | Clyde, Snow & Sessions, PC
  • Eric Sarner | Chief Litigation Counsel | Linde

Litigation Doesn’t Have to Break The Bank: Strategies to Reduce the Cost of Litigation

One of the biggest problems with litigation is that it can be costly; both in terms of time and money. In this interactive panel discussion, we will look at ways to cut costs, save money and be more effective when litigating. We will discuss things companies can do in-house to prepare for and deal with litigation or prospective litigation; such as:

  • Information governance
  • Sound retention policies
  • Data mapping
  • Litigation strategy planning
  • E-Discovery
  • How to manage outside law firm methods and costs
  • Uri Itkin | Partner | Kasowitz Benson Torres LLP
  • Christopher Tucci | Senior Litigation Counsel | PNC Financial Services Group, Inc.
  • Russell Genet | Director | Longford Capital Management, LP

Networking Break

Voir Dire Done Right – Can Jury Consultants Really Help You Pick the Right Jury?

You are going to trial and you now need to make sure you have the right people on the jury to win your case. Do you hire a jury consultant to help improve your odds? In this session we will hear from jury/trial consultants as to how they can:

  • Profile your jury
  • Utilize jury trial simulation
  • Understand the benefits of having a “mirror jury” to help you continue to devise trial strategy
  • Stephen Crain | Litigation Partner | Bracewell
  • Marla Alhadeff | Deputy General Counsel | BNY Mellon

Selecting the Right Law Firm for Your Case: In-House Counsel Perspectives in Choosing Outside Counsel

Eventually everyone needs the services of a law firm, although there are many needs, when choosing your outside counsel you should consider a variety of issues. In this session, we will share what in-house counsel should look for when selecting their outside counsel for any pending litigation, such as:

  • Does the law firm have experience and specialize in the areas you need?
  • What is the track record of that law firm – as a whole and in your jurisdiction?
  • How will you communicate with them and what is their billing like?
  • Will your in-house team be comfortable working with them?
  • Does outside counsel possess leading technologies to meet your needs
    • Eric Sarner | Chief Litigation Counsel | Linde
    • Holly Chastain Nini | Managing Counsel | CITGO Petroleum Corporation
    • Owen Byrd  | Chief Evangelist and General Counsel | Lex Machina

Early Case Assessment in E-Discovery

E-discovery can be a very time-consuming and costly process. Early case assessment can help focus efforts so that most of your collection is truly relevant data. There are various tools and methods you can employ to gain insight to your data pool so keywords can be refined and collection retooled.  

  • Marcia Gold | Legal Operations Manager | ADT
  • Katy Cole | Partner | Farrell Fritz, P.C.

Key Tips and Strategies in Identifying the Right Litigation Financing Firm

Just like you carefully consider which companies you partner with for legal services of all kinds; you also have to be sure that you are selecting the right financing firm for your litigation needs. This interactive panel discussion will provide insight from law firms and in-house counsel as well as financing companies to ensure that you are selecting the right financing firm. We will look at topics such as:

  • Flexibility in deal structure
  • Understanding the litigation funder’s economics
  • How quickly you will receive funding
  • What privileged information you will need to share
  • Developing a contract to retain privilege and control
  • Aligning funder expertise with unique legal cases
  • Examining funder reliability and funds held in reserve
  • Understanding the new and pending regulations on TPLF
  • Michael Nicolas | Co-Founder & Managing Director | Longford Capital Management, LP


Expert Witnesses: Top Blunders to Avoid with Experts

This TED-Style talk will take a look at what you need to know when working with expert witnesses to avoid blunders and ensure their successful testimony for your side pre-trial and/or at trial.  

  • Kara McCall | Partner | Sidley Austin

The Future of Alternative Dispute Resolution: New Methods to Save

Alternative Dispute Resolution (ADR) is supposed to encourage cost-effective and quicker resolutions to disputes to help avoid litigation. This engaging session will share insight into the future of alternative dispute regulation. We will examine such things as:

  • The types of cases that are suitable for ADR
  • Utilizing mediation to resolve cross border disputes
  • Understanding the role arbitration can play in the future
  • The enforcement of mediated settlement agreements
    • Kelley Shirk | Member | Hall & Evans
    • Caren Ries | Associate Counsel, Assistant Secretary & Litigation Manager | Champion Home Builders Inc
    • Peter Halprin | Partner | Pasich LLP

Understanding the Role of Insurance in Managing Litigation

As insurance companies are changing practices, companies are making changes to the way they strategize for litigation and claims.  In this session, we will hear how companies deal with these types of issues, such as:

  • Changes in insurance company policies and practices
  • Selection of outside counsel
  • Communications between relevant parties
  • Collaboration on litigation and settlement strategy
  • Overcoming inherent challenges in the relationship between insurer and insured
    • Andowah Newton | Vice President, Legal Affairs & Head of Litigation | LVMH Moet Hennessy Louis Vuitton Inc.
    • Peter Halprin | Partner | Pasich LLP

Networking Break

Use Case Demo: Using AI and Machine Learning to Select Cases

This engaging demonstration will showcase how you can use emerging technologies such as AI and machine learning to select cases that you should bring to court

Effective Litigation Through the Use of Data Visualizations and Persuasive Storytelling

This interactive session, will share best practices as to how to tie in persuasive storytelling and visual effects and how to share data and insights in a manner that allows you to paint a picture for the judge, jury and beyond.  

  • Tyler Young | Partner | Faegre Baker Daniels LLP

Innovative Claims Management and Litigation Strategies

In addition to reducing the cost of defense, early identification, investigation and resolution of medical malpractice claims are effective strategies for loss mitigation. In this session, we will discuss:

  • An innovative approach to claims management
  • Loss run reserving
  • The subsequent reporting to your Third-Party Administrator for reporting to excess and potential claims investigation, as well as early claims resolution.
  • Effective defense litigation strategies and the state of malpractice nationwide
  • Suly Avila | Director of Claims, Litigation & Licensing | Nicklaus Children’s Health System
  • Nancy Carr | CEO | Claims & Risk Management Services
  • Khristen Vachal-Reese | Shareholder | Falk, Waas, Hernandez, Solomon, Mendlestein & Davis P.A.

Chairperson’s Closing Remarks

Eric Sarner | Chief Litigation Counsel | Linde

Cocktail Reception

Registration & Breakfast

Chairperson’s Opening Remarks

Eric Sarner | Chief Litigation Counsel | Linde

The Importance of Outsourcing Litigation Support Services

Litigation support is a necessity for all law firms, but it does not need to be handled solely by your legal employees. In fact, outsourcing litigation support is a wise idea. Whether you run a law firm or a corporate legal department, there are benefits to leaving discovery to an outside team. We will look at things such as:

  • Minimizing expenses
  • Utilizing latest technologies
  • Using the assistance of specialists when needed
  • Keeping your staff focused on using their legal knowledge to build cases
  • Practicing litigation support trials
  • Suzanne Dinsmore | Practice Director - Litigation | Day Pitney
  • David Hancock | Manager, Litigation Support and eDiscovery Services | GrayRobinson

Is TPLF Right For Me? What do CFOs & In-House Counsel Need to Consider

When considering Third-Party Litigation Financing there are a variety of issues that in-house counsel and CFO’s need to examine. This interactive panel discussion will explore the considerations that are needed to be looked at when deciding if working with a financing company to get you through your court case is needed.

Preparing the Next Generation: Training New Lawyers to Become Key Assets for Future Litigation

Succession planning is something we should always be thinking about. Passing our knowledge to young and new attorneys to provide them with the insight to become valuable to their organizations and be able to stand out in the crowd. In this session, we will look at:

  • Understanding the value of having newer attorneys involved with litigation strategy
  • Identifying how junior attorneys can parlay their experience on a trial team to help increase trial experience and become someone to watch in the future
  • Determining ways to pass on your experience and insight to new and junior lawyers
  • Gretchen Jankowski | Shareholder and Co-Chair, Litigation Section | Buchanan Ingersoll & Rooney
  • Francis Citera | Co-Chair, Products Liability & Mass Torts Litigation Group | Greenberg Traurig

Networking Break

Influencing Jurors, Customers and the Public: How to Deal with the Press During Litigation

This session will suggest strategies to optimize press coverage during your litigations. As we discuss the importance of good PR and ways to deal with the press during your litigation process we will look at answering questions such as:

  • How should you answer a call from a reporter on the day a complaint is filed against you?
  • What steps you can take in your relations with reporters to ensure good coverage for you and your clients generally?
  • What should go into a letter seeking a retraction?
  • How to preserve your or your client’s reputation during the litigation process?
    • George Freeman | Executive Director | Media Law Resource Center
    • Jason C. Miller | Senior Counsel | The Dow Chemical Company

From Ordinary to Extraordinary: Strategies for Litigators in Working with Experts

When hiring an expert witness, most attorneys recognize that there will be an opposing expert with contrasting opinions. This session will delve into advanced techniques in working with experts, including effective vetting and preparation of experts, maximizing the impact of your expert’s testimony and strategies for challenging opposing experts.  

  • Victoria Kush | Shareholder | Buchanan Ingersoll & Rooney

Peak Performance for Litigators – How to Use Gold-Medal Winning Techniques of the World’s Greatest Athletes to Prevail in the Courtroom

Litigation is competition, so why not use the latest principles of sports psychology to excel at it? This unique session will provide the competitive skills to prevail in the courtroom using the proven techniques of sports psychology and performance enhancement to prepare your litigators to compete at the highest level. What litigators will learn, include:

  • How to climb from the plateau of excellence to the pinnacle of greatness using gold-medal-winning techniques of the world’s greatest athletes
  • How to develop self-confidence, mental toughness, and resiliency
  • How to pysch up not out
  • How to defeat stress and maintain an optimal energy level
  • How to develop total focus, concentration and the will to win
  • How to use imaging and mental rehearsal to enhance performance
  • How to create a winning attitude and defeat the very best opponents
  • Jeff Kestler | Chief Counsel, Patent & Licensing Group & Chief Compliance Officer | Columbia University

Chairperson’s Closing Remarks

  • Eric Sarner | Chief Litigation Counsel | Linde

End of Summit

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