Seminar  Seminar

"Bet the Company" Litigation 2012: Best Practices for Complex Cases


Why you should attend

What is “Bet the Company” litigation? This fast-paced, high-stakes, complex litigation can involve securities law, intellectual property, mass torts, products liability, antitrust and other substantive areas of law. When regulatory investigations arise and overlapping cases are filed in multiple state and federal jurisdictions around the country, matters can become even more complicated. The very existence of your client’s company and livelihood can be at stake.

The presence of multijurisdictional legal, business and technology issues requires sophisticated case management skills and techniques. This program brings together the experienced practitioners who litigate these cases and the judges who rule on them to provide you with the most up-to-date intelligence on proven strategies and tools. Panelists will include both defense and plaintiffs’ counsel experienced in multijurisdictional litigation, regulatory attorneys who handle complex investigations, distinguished judges, and in-house counsel.

What you will learn

  • New developments in the law relating to removal from state to federal court and remand back to state court
  • The current regulatory landscape and how it can overlap with complex litigation
  • The “View from the Bench”: experienced judges share their insights on the intricacies of “Bet the Company” cases
  • Successful strategies for mediation
Special Feature
  • Understanding the new world of litigation financing, and its related legal and ethical issues

Who should attend

This program is directed toward litigators, regulatory counsel, in-house counsel and other professionals who handle complex litigation.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Opening Remarks and Introduction

Richard W. Clary

9:15  Removal and Remand

  • Why you want to be in either federal or state court:  factors to consider
  • The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011
  • Recent developments in removal and remand
Moderator:  Jonathan K. Youngwood
Richard W. Clary, Owen L. Cyrulnik, Owen C. Pell, Sherrie R. Savett

10:15  Regulatory Investigations
  • Ramifications of the new task force
  • Recent developments in regulatory investigations
  • Coordinating regulatory investigations and civil litigation

Moderator:  Herbert S. Washer
Mei-Lin Kwan Gett, Elaine H. Mandelbaum, Betty J. Santangelo

11:15  Networking Break

11:30  Mediation Strategies

  • Timing issues
  • Group mediation versus individual mediation
  • The role of insurers
Moderator:  Robert L. Palmer
William C. Fredericks, Pierre M. Gentin, Marilyn C. Kunstler, James W. Quinn

12:30  Lunch

Afternoon Session:  1:45 p.m. - 4:00 p.m.

1:45  View from the Bench

  • Coordinating among courts in different jurisdictions (federal/state, state/state)
  • How to utilize court rules to maximize efficiency
  • Practical advice to practitioners

Moderator:  Richard W. Clary
Hon. Eileen Bransten, Hon. Helen E. Freedman, Richard J. Holwell, Hon. J. Travis Laster

2:45  Networking Break

3:00  Litigation Financing:  New Developments, Ethical Issues, and More

  • How litigation financing works
  • Plaintiff-side versus defense-side litigation financing
  • Recent developments in ethical issues relating to litigation financing

Moderator:  Ronald C. Minkoff
James L. Bernard, M. Alexander Bowie, John P. (Sean) Coffey, Aaron Katz, Aviva O. Will

4:00  Adjourn

Chairperson(s)
Richard W. Clary ~ Cravath, Swaine & Moore LLP
Moderator(s)
Ronald C. Minkoff ~ Frankfurt Kurnit Klein & Selz PC
Robert L. Palmer ~ McKool Smith
Herbert S. Washer ~ Cahill Gordon & Reindel LLP
Jonathan K. Youngwood ~ Simpson Thacher & Bartlett LLP
Speaker(s)
James L. Bernard ~ Stroock & Stroock & Lavan LLP
M. Alexander Bowie II ~ Day Pitney LLP
Hon. Eileen Bransten ~ New York State Supreme Court, Commercial Division
John P. (Sean) Coffey ~ BlackRobe Capital Partners, LLC
Owen L. Cyrulnik ~ Grais & Ellsworth LLP
William C. Fredericks ~ Scott + Scott LLP
Hon. Helen E. Freedman ~ Associate Justice, Supreme Court of the State of New York - Appellate Division, First Department
Pierre M. Gentin ~ Managing Director, Global Head of Litigation, Credit Suisse
Richard J. Holwell ~ Holwell Shuster & Goldberg LLP
Aaron M. Katz ~ Parabellum Capital
Marilyn C. Kunstler ~ Boies, Schiller & Flexner LLP
Mei Lin Kwan-Gett ~ Willkie Farr & Gallagher LLP
Hon. J. Travis Laster ~ Vice Chancellor, Delaware Court of Chancery
Elaine H. Mandelbaum ~ Managing Director and Deputy General Counsel, Citigroup Global Markets, Inc.
Owen C. Pell ~ White & Case LLP
James W. Quinn ~ Weil, Gotshal & Manges LLP
Betty J. Santangelo ~ Schulte Roth & Zabel LLP
Sherrie R. Savett ~ Managing Principal and Chair of the Securities Litigation Department, Berger & Montague, P. C.
Aviva O. Will ~ Managing Director, Burford Group
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

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Item# 38219
Location:  New York, NY
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Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.