Managing Complex Litigation 2008: Legal Strategies and Best Practices in "High-Stakes" Cases

Overview

Why You Should Attend

What do you do when your client is being sued in federal and state courts across the country? What if federal or state regulators get involved and begin seeking documents and depositions? Maybe the Justice Department decides it wants a part of the action as well. Whether the legal issues involve securities law, intellectual property, antitrust or some other substantive body of law, how are you going to get control of the situation? How will you manage the litigation so that the process itself does not overwhelm your client?

Complex litigation often involves a multitude of multi-jurisdictional legal, business and technology issues and requires specific case management skills and techniques. This program brings together experienced practitioners who will provide you with the most up-to-date intelligence on proven strategies, and the tools to manage these types of cases. Panelists will include both defense and plaintiffs’ counsel experienced in multi-jurisdictional litigation, regulatory and white collar criminal attorneys, academics, and in-house counsel.

What You Will Learn

• The legal framework for dealing with multi-jurisdictional issues, including effective strategies for controlling opt-out cases and coordinated cases
• How sophisticated in-house counsel handle crisis management and what they expect from their outside counsel
• Current legal issues relating to class certification: class definitions, Rule 23(f) appeals, tolling doctrines, and extraterritorial class members
• Issues to consider in settling complex class litigation
• Issues that arise when civil litigation is accompanied by a concurrent regulatory or criminal investigation
• How to approach evolving ethical concerns when settling complex litigation

Who Should Attend

This program is directed toward experienced litigators and in-house counsel facing multi-jurisdictional litigation.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the link to the Live Webcast at the top of the page.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A continental breakfast will be available upon your arrival.

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

9:00  Introduction and Opening Remarks

Richard W. Clary

9:15  Current Legal Issues Relating to Complex Litigation: The Battle for Class Certification

• How far into the merits can/should thecourt go?
• Issues relating to the inclusion of foreign class members
• Rule 23(f) appeals

Moderator: Teena-Ann V. Sankoorikal
Panelists: Ronit Setton, Beth Trent, Jonathan K. Youngwood

10:15  Creative Tools for Controlling Opt-Outs and Coordinated Cases

• The All Writs Act
• Issues relating to SLUSA
• Issues relating to class tolling doctrines

Moderator: Richard W. Clary
Panelists: Allison K. Chock, Andrew B. Kratenstein, Robyn Tarnofsky, Herbert S. Washer

11:15  Break

11:30  Issues to Consider in Crafting a Settlement Agreement

• The scope of the release, including the release of non-class claims
• Bar orders
• Defining the class for settlement purposes
• Break up provisions

Moderator: Richard W. Clary
Panelists: M. Alexander Bowie II, Robert L. Palmer, Owen C. Pell

12:30  Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Overlapping Civil Litigation and Government (Regulatory/Department of Justice) Investigations

• Current expectations of prosecutors and regulators regarding cooperation
• Efforts to create a "selective waiver" doctrine
• The increasing role of state regulators

Moderator: Pierre M. Gentin
Panelists: Susan E. Brune, MaryJeanette Dee, Mei Lin Kwan-Gett, Rebecca Roiphe

2:45  Current Ethical Issues: Ethical Concerns Arising in Settlements

• Honesty and disclosure issues in settling complex cases
• Ethical concerns in settling multi-defendant cases (Mary Carter Agreements and Most Favored Nation clauses)
• Secret settlements, “no-sue promises” and public policy concerns

Moderator: Teena-Ann V. Sankoorikal
Panelists: Joel Cohen, Michael S. Ross, Jack G. Stern, Linda A. Willett

3:45  Break

4:00  Views From In-House

• Major cost-saving ideas
• Crisis management, including dealing with the press
• Privilege and waiver issues relating to non-lawyer professionals
• How to deal with inside counsel so they want to hire you again

Moderator: J. Kevin McCarthy
Panelists: Michael Coyne, Elaine H. Mandelbaum, Martha E. Solinger

5:00  Adjourn

Faculty

Chairperson(s)

Richard W. Clary, Cravath, Swaine & Moore LLP

Moderator(s)

Pierre M. Gentin, Managing Director and Head of Litigation, Credit Suisse
J. Kevin McCarthy, Managing Director and General Counsel, Cowen Group, Inc.
Teena-Ann V. Sankoorikal, Cravath Swaine & Moore LLP

Speaker(s)

M. Alexander Bowie II, Day Pitney LLP
Susan E. Brune, Brune & Richard LLP
Allison K. Chock, Hennigan, Bennett & Dorman LLP
Joel Cohen, Stroock & Stroock & Lavan LLP
Michael F. Coyne, Co-Head of Litigation, JP Morgan Chase & Co
MaryJeanette Dee, Richards Kibbe & Orbe LLP
Andrew B. Kratenstein, McDermott Will & Emery LLP
Mei Lin Kwan-Gett, Willkie Farr & Gallagher LLP
Elaine H. Mandelbaum, Managing Director and Deputy General Counsel, Citigroup Global Markets, Inc.
Robert L. Palmer, Hennigan Bennett & Dorman LLP
Owen C. Pell, White & Case LLP
Rebecca Roiphe, Associate Professor of Law, New York Law School
Michael S. Ross, Adjunct Professor, Benjamin N. Cardozo Law School; Adjunct Professor, Brooklyn Law School, Law Offices of Michael S. Ross
Ronit Setton, Cadwalader Wickersham & Taft LLP
Martha E. Solinger, Managing Director, Lehman Brothers Holdings, Inc.
Jack G. Stern, Boies, Schiller & Flexner LLP
Robyn F. Tarnofsky, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Beth Trent, Legal Director-Litigation, Schering-Plough Corp
Herbert S. Washer, Shearman & Sterling LLP
Linda A. Willett, Sedgwick, Detert, Moran & Arnold LLP
Jonathan K. Youngwood, Simpson Thacher & Bartlett LLP

Program Attorney(s)

Laurie Gilbertson, Practising Law Institute

CLE Credit

Travel Information

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