1 commercial litigation INSTITUTE PhilaDelPhia wed., march 18, 2015 simulcast wed., march 18, 2015 greensburg, Mechanicsburg, new Castle Pittsburgh, Plymouth Meeting, West Chester 9:00 am to 4:40 pm; check-in begins at 8:30 am LUnch is included 8 JUDGES TO SPEAK 18 TOPICS TO CHOOSE FROM UP TO 2 ETHICS CREDITS one session each hour will be simulcast to sites other than. See grid on pg. 4 for simulcast topics. 6 cle credits/up to 2 ethics credits connect with pbi RegisteR today!
2 commercial litigation INSTITUTE PhilaDelPhia wed., march 18, 2015 simulcast wed., march 18, 2015 try something new and earn six cle credits, including ethics! for the first time, PBi will be offering an institute specifically geared toward those attorneys who concentrate in the area of commercial litigation in both federal and state courts. a full day of 18 sessions will allow you to tailor a program that is right for your level and area of practice. you will hear from a panel of judges during the opening plenary and conclude your day with an ethics discussion relevant to the complex legal work you do. so Many great reasons to attend earn up to two ethics credits Bridge the gap between legal theory and trial strategy hear from the bench on the do s and don ts of commercial practice Pick up tips on how to identify and prepare expert witnesses who will deliver what you need to win gain unique insights from a jury expert about the best way to win over the jurors examine remedies and damages issues focus on officer and director liability review unique areas of Pennsylvania commercial litigation law discuss the major differences between state and federal venues learn from the experts in this field two great Plenary sessions! hear Judicial insights in our opening session, a panel of state and federal judges, including the hon. mary france, hon. mark hornak, hon. Patricia mcinerney and hon. eduardo robreno, with moderator and seasoned litigator stan yorsz, will share common mistakes they see made in commercial cases. discover what valuable insights you can gain from their discussion on jurors, expert witnesses, use of technology in the courtroom, counsel s requests for extensions and much more! earn ethics credit! our ethics plenary session will be interactive and practical. two top litigators, ellen Brotman and kevin raphael, will use short hypotheticals to highlight various challenges you might typically confront when representing corporate entities. they ll focus on ethical issues that arise when lawyers representing organizations learn that the individuals they re working with have harmed the entity through mis or malfeasance. PBI is pleased to cosponsor this program with the PBA Civil Litigation Section. 2 Connect with PBI RegisteR today!
3 Planning team Judicial faculty mary kay Brown, esq. hon. michael m. Baylson hon. mark r. hornak william t. hangley, esq. hon. mark i. Bernstein hon. Patricia a. mcinerney natalie D. ramsey, esq. hon. mary D. france hon. eduardo c. robreno sherrie r. savett, esq. hon. mitchell s. goldberg hon. Diane m. welsh (ret.) BroWn Wynn MCgarry nimeroff, llc king of PruSSia hangley aronchick Segal Pudlin & SChiller, PC PhiladelPhia MontgoMery MCCraCken Walker & rhoads, llp PhiladelPhia Berger & Montague, PC, PhiladelPhia u.s. district Court for the eastern district of PennSylvania, PhiladelPhia Court of CoMMon PleaS, first JudiCial district trial division - Civil, PhiladelPhia u.s. BankruPtCy Court for the Middle district of PennSylvania, harrisburg u.s. district Court for the eastern district of PennSylvania, PhiladelPhia u.s. district Court for the WeStern district of PennSylvania, PittSBurgh Court of CoMMon PleaS, first JudiCial district trial division - Civil, PhiladelPhia u.s. district Court for the eastern district of PennSylvania, PhiladelPhia JaMS adr, PhiladelPhia a Big thank you stanley yorsz, esq. BuChanan ingersoll & rooney PC, PittSBurgh Connect with PBI to all of the faculty who volunteer their time and share their knowledge to make this Institute a success!
4 the PrograM 9:00-9:15 Welcome and introductory remarks 1 Simulcast 9:15-10:15 JUDIcIAl PANel the do s and don ts of Commercial litigation insights from the Bench JuDge france, JuDge hornak, JuDge mcinerney, JuDge robreno, mr. yorsz (M) 10:15-10:30 Break & move to next session Simulcast 10:30-11:30 analyzing & evaluating Cases Weathering a Jury trial in a Commercial Case: understanding and impacting Jurors ten things you need to know about Settling Commercial Cases the inside /outside Counsel relationship mr. hangley, ms. savett Dr. greeley JuDge welsh, ms. lytle ms. Banks (m), mr. Boczkowski ms. congdon, ms. lee 11:30-11:40 Break & move to next session 6 Simulcast :40-12:40 effective depositions and Preparing your Witness to testify digital dangers: ediscovery in the 21st Century hot Button issues in Class actions & false Claims act litigation hot topics in director and officer liability mr. hangley mr. weiner, ms. zieg JuDge Baylson ms. savett, mr. sonnenfeld ms. ramsey, mr. tepper 12:40-1:20 lunch (INclUDeD FOR All) 10 Simulcast :20-2:20 Cross-examining the expert Witness how to achieve a great result through alternative dispute resolution Collecting Judgments how to get Paid! examining the tripartite relationship insurer, insured & Counsel ETHICS JuDge Bernstein, mr. BenDesky mr. yorsz ms. mogavero mr. engelmyer, ms. wilkinson 2:20-2:30 Break & move to next session Simulcast :30-3:30 trial technology effective evidence Presentation in the 21st Century temporary restraining orders & Preliminary injunctions remedies and damages in Commercial litigation Spotting the red flags! What to do when you uncover irregularities and possible criminal conduct mr. Decrescenzo JuDge goldberg, ms. Danoff ms. Brown, mr. scherf ms. Brotman (m), mr. Bolognese mr. zauzmer 3:30-3:40 Break & move to next session 18 Simulcast 3:40-4:40 Who do you love? torn Between the Corporate entity and the Corporate Client ms. Brotman, mr. raphael ETHICS simulcast m moderator 4
5 session descriptions 9:15 10:15 am» JUDICIAL PANEL 1. the do s and don ts of Commercial litigation insights from the Bench Join a panel of state and federal judges who hear cases across all types of commercial litigation practice. learn some of the most common mistakes they see made in commercial cases; discover what insights they gain from jurors after a case is concluded; consider their views on expert witnesses, use of technology in the courtroom, counsel s requests for extensions and much more! this could be the most valuable hour you spend in a Cle program all year. get tips from Stan yorsz too, our seasoned moderator. 10:30 11:30 am» CHOOSE ONE 2. analyzing & evaluating Cases Whether you are being retained to represent plaintiff or defendant in a commercial case, the questions are similar: What are the facts and legal theories?; Who will you represent individuals, corporate entity or possibly both?; Six months from now, will you still be glad the clients chose you? Will they?; What are the chances of settlement and, if litigation seems likely, in what venue(s) might you be trying the case?; do you/ your firm possess the resources and staffing necessary to handle the matter?; does your firm have ethical or business conflicts? are there conflicts between the clients interests?; how do you estimate the cost of the litigation and set a fee with your client?; Will you need experts to assist in developing the claims, and how does that affect the economics of the case, especially if it is a contingent fee case?; and the critical issue how can you tell a winner from a loser? gain insights from two highly experienced litigators. 3. Weathering a Jury trial in a Commercial Case: understanding and impacting Jurors What is the climate in the jury room during deliberations on a commercial case? are jurors warming to big corporations more than they used to? or are their attitudes about corporations frozen and unforgiving? do they react to corporate witnesses with a chilly response? this session will focus on the factors that influence how the wind will blow in contract, fraud and business cases in this current environment. the speaker, a veteran jury consultant with 25 years of studying jurors, will review the psychology of how jurors respond to issues in commercial cases, will offer relevant survey data, and will share mock jury clips. discover how to give jurors an unclouded view of the important issues in your commercial case. 4. ten things you need to know about Settling Commercial Cases Whether you represent a plaintiff or a defendant, this session will provide practical tips for maximizing the settlement potential of commercial cases. topics will include pre-suit settlement negotiations, how to draft pleadings to encourage early settlement, how to get the most out of mediation, and how to secure the participation and cooperation of the defendant s insurer. learn how to present your case to its maximum advantage while also managing client expectations. 5. the inside/outside Counsel relationship explore the things inside counsel look for when deciding what firm or lawyer to retain, what things lead to the dissolution of a relationship with outside counsel, and what things are particularly helpful to an ongoing relationship. distinguished panelists include counsel for glaxosmithkline, vanguard and Sunoco. 11:40 am 12:40 pm» CHOOSE ONE 6. effective depositions and Preparing your Witness to testify telling a human story in a document-intensive commercial case has always been a challenge, but the video age when today s deposition is tomorrow s video bite at trial -- has made things even more complicated. Preparing your witness (or yourself) has never been more important or more demanding. this one-hour session will provide an overview of the 21st century commercial case deposition, from document-sifting and preparation to cross-as-on-direct. 7. digital dangers: ediscovery in the 21st Century With continued advancements in technology and the ongoing digitization of the global workforce, electronic records are at the center of litigation more than ever. Coupled with the staggering volumes of data that are created every day and the judiciary s lower tolerance for ediscovery ignorance or misconduct, it is no surprise that litigants continue to struggle with meeting ediscovery obligations. understand what you must know about electronically stored information and how to approach esi in the discovery process, from preservation to production. 8. hot Button issues in Class actions and false Claims act litigation Join two seasoned litigators and Judge Baylson of the eastern district Court for a discussion of two important topics in commercial litigation. With respect to class actions, learn about the challenges of class certification and the burdens faced by plaintiff, including the post-halliburton issues for class certification in securities cases; hear about the trend to opt-out, especially by big institutions in securities cases, and consider the important factors in making that decision; get updated on some of the unique difficulties in getting a consumer class certified. With respect to false claims act/whistleblower suits, get a quick overview on the life cycle of these cases and tips for plaintiff on case development, working with the government, the decision to proceed with a case or not if the government declines intervention, and reaching a settlement. 9. hot topics in director and officer liability We will target the legal and technical aspects of directors and officers liability insurance and the types of claims or exposures usually covered by the insurance. We will discuss what the policies cover, the significant exclusions in most policies, and touch on emerging or hot topic issues. We will also discuss practical aspects of resolving d & o claims and what to look for in current d & o polices. 1:20 2:20 pm» CHOOSE ONE 10. Cross-examining the expert Witness hear from Judge Mark Bernstein, who has presided over countless civil and commercial trials, and experienced litigator larry Bendesky, about the do s and don ts of cross-examining your adversary s expert. in cases where the issues and facts are more complex and less familiar to most jurors, how do you make commercial concepts understandable while cross-examining the expert(s)? What are the questions you should never ask? how do you handle an expert who refuses to answer your question? how does cross exam of the expert differ when it s a bench trial? When do you know that it s time to sit down and ask no further questions? get the answers you need! 11. how to achieve a great result through alternative dispute resolution More and more cases are either being settled by mediation or decided in an arbitration forum. Pick up practical advice to maximize your chances of a good settlement in mediation or a good result in arbitration. topics include the choice of mediators and arbitrators, effective case presentation in mediation, discovery tactics in arbitration and how to make arbitrators and mediators side with your position. hear about recent case law trends affecting both mediation and arbitration. 12. Collecting Judgments how to get Paid! through your hard work and legal skills, you ve obtained a money judgment in favor of your client. learn how to navigate the substantive law and procedural rules governing enforcement of judgments in order to convert your legal victory into an economic recovery for your client. address enforcement of judgment liens on real and personal property, including execution practice in Pennsylvania state courts and in federal court. focus will be on the practical aspects of collection law from the perspective of counsel for the judgment creditor. 13. examining the tripartite relationship insurer, insured & Counsel ETHICS Based on an analysis of case law and the use of hypotheticals, we will explore the relationship between insurers, insureds and their appointed defense counsel. hear about the ethical and legal obligations of defense counsel in responding to requests for information from an insurer in situations where insurance coverage is disputed. explore the rights and duties of insurers to seek information concerning a claim from their insureds and the appropriate response should the request be turned down. finally, learn how courts have analyzed the question of attorney client privilege in the context of communications between defense counsel and insureds and insurers. 2:30 3:30 pm» CHOOSE ONE 14. trial technology effective evidence Presentation in the 21st Century learn about the newest strategies for effectively presenting evidence and persuading your fact finders. discover how trial technology interfaces with presenting evidence effectively, particularly with complex financial charts, construction, medical malpractice or real estate litigation. new methods of paperless document handling will also be demonstrated. gain insight on how best to present your evidence in the most persuasive manner. 15. temporary restraining orders and Preliminary injunctions learn the ins-and-outs of obtaining emergency relief in federal and state court. a federal judge and a litigator with extensive injunction experience will explain how to decide whether to seek a temporary restraining order, its state court equivalent, or a preliminary injunction in the first place. and they will walk you through the process of obtaining an injunction, offering pointers for each step of the process, from the complaint to the hearings to the bond application. 16. remedies and damages in Commercial litigation using a series of cases studies and war stories, an experienced litigator and financial expert will provide you with practical strategies for obtaining remedies and proving damages in commercial litigation as well as how to defend against such claims. 17. Spotting the red flags! What to do when you uncover irregularities and possible criminal conduct how do you spot the red flags of financial fraud and improprieties? What are the practical, legal and ethical issues attorneys face when they uncover financial fraud perpetrated by or against their clients that result in potential or actual parallel civil and criminal proceedings? the panelists, who include a highly experienced federal prosecutor, criminal defense attorney, and civil litigator will discuss issues such as: how to identify the red flags of financial fraud; the circumstances and manner in which any improprieties should be reported to the authorities; how to deal with suspected individuals and the scope of the attorney client privilege; the obligation to preserve relevant evidence; the mechanics and implications of asserting constitutional protections against self-incrimination; and the effect of potential criminal exposure on parallel civil litigation. 3:40 4:40 pm» PLENARY SESSION 18. Who do you love? torn between the Corporate entity and the Corporate Client ETHICS Wrestle with the ethical issues that arise when lawyers representing organizations, small - medium - and large - privately held and public, learn that the individuals they re working with have harmed the entity through mis or malfeasance. this will be an interactive session using short hypotheticals to highlight various challenges a lawyer might typically confront when representing entities. 5
6 our outstanding faculty Danielle Banks, Esq. Steven J. Engelmyer, Esq. H. Marc Tepper, Esq. Larry Bendesky, Esq. Ann T. Greeley, Ph.D. Paul D. Weiner, Esq. Sophia Lee, Esq. Kathleen D. Wilkinson, Esq. Joann M. Lytle, Esq. Robert A. Zauzmer, Esq. Leona Mogavero, Esq. Sharon M. Zieg, Esq. Stradley Ronon Stevens & Young, LLP, Saltz Mongeluzzi Barrett & Bendesky, PC Andrew W. Boczkowski, Esq. Assistant General Counsel, GlaxoSmithKline Anthony J. Bolognese, Esq. Bolognese & Associates, LLC, Ellen C. Brotman, Esq. Montgomery McCracken Walker & Rhoads, LLP Julie Congdon, Esq. Principal and Employment Counsel Vanguard, Diane Siegel Danoff, Esq. Dechert LLP, James DeCrescenzo Kleinbard LLC, DecisionQuest, State College Chief Counsel in Litigation, Sunoco, Inc. McCarter & English, LLP, Friedman Schuman, PC, Jenkintown Buchanan Ingersoll & Rooney, PC, Littler Mendelson, PC, Wilson Elser Moskowitz Edelman & Dicker, LLP Assistant U.S. Attorney, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE Kevin E. Raphael, Esq. Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Stephen J. Scherf, CPA Asterion, Inc., Marc J. Sonnenfeld, Esq. Morgan Lewis & Bockius, LLP, 6 cle James DeCrescenzo Reporting, LLC, This Institute has been approved by the Pennsylvania Continuing Legal Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse. Join us in Philadlephia Wed., March 18, 2015 Simulcast Wed., March 18, 2015 The CLE Conference Center, Wanamaker Building 10th Floor, Ste. 1010, Juniper St. entrance (between 13th & Broad Sts., opposite City Hall) Greensburg Pittsburgh 9:00 am to 4:40 pm; check-in begins at 8:30 am Mechanicsburg West Chester One session each hour will be simulcast to sites other than. See grid on pg. 4 for simulcast topics. 6 Connect with PBI Westmoreland Co. Bar Association 129 N. Pennsylvania Ave. PBI Conference Center 5080 Ritter Rd., Rossmoyne Exit, Rt. 15 new Castle Penn State Coop. Ext. of Lawrence Co. Lawrence Co. Cthse., 430 Court St., 3rd Fl. PBI Professional Development Conference Center Heinz 57 Center, 339 Sixth Ave., 7th Fl. Chester Co. Bar Assn., 15 W. Gay St. Wilkes-Barre Kings College, Sheehy-Farmer Campus Center, Lane s Lane Norristown Montgomery Bar Assn., 100 W. Airy St. Register Today!
7 four easy Ways to register! MAIL PBi 5080 ritter rd. Mechanicsburg, Pa FAX COMMERCIAL LITIGATION INSTITUTE 8669 lm/bkt-1/20/15 PHONE registration Policy: Please register early! Save $25 on registrations received 3 or more business days before the course date. Pre-registered customers will receive priority on the distribution of course materials. Walk-in registrations will be accepted on a space-available basis, but please check or call (800) to confirm space is available and the schedule has not changed. cancellation Policy: in order to receive a refund for cancellation (less a $25 administrative fee), you must notify PBi by , mail or fax no later than 2 business days before the course date for the appropriate site. otherwise, you will receive the course materials in full consideration of tuition paid. registration transfers: requests for transfers will be honored if they are received before the course date. services for Persons with Disabilities: if you require special arrangements, please contact Customer Service at (800) at least ten days before the course date. speaker substitutions: PBi reserves the right to substitute speakers at all programs. PBi scholarships: PBi offers substantially reduced tuition for most PBi seminars to allow attorneys experiencing financial hardship to fulfill their mandatory education requirement. for details and an application, contact Scholarship administrator at or (800) , ext at least 30 days before the program. (Scholarships are not available for online Cle.) legal services/ Public interest lawyers: PBi will provide a complete waiver of tuition fees for the first 12 hours of Cle taken to satisfy the Pennsylvania mandatory Cle requirement in any calendar year for all attorneys employed on a full-time basis by Pennsylvania civil or criminal Section 501(c)(3) legal services or public interest organizations. for additional courses (over and above the first 12 hours), eligible attorneys may enroll at 50 percent of the highest member fee. this waiver applies only to attorneys in Section 501(c)(3) organizations that provide legal services at no or de minimus fee to individual members of the public. Wed., March 18, 2015 PhilaDelPhia (live) simulcast : (one session each hour; see pg. 4 for simulcast topics) tuition (INCLUDES COURSE BOOK AND LUNCH) $399 Members Pa., or any co. bar assn. $379 Members admitted after 1/1/11 $419 $199 $200 nonmembers Paralegals attending w/attorney Judges and judicial law clerks $190 Judges and judicial law clerks admitted after 1/1/11 add $25 for registrations received 3 or fewer business days before the presentation. course Materials i cannot attend, but would like to purchase the course Book ( ): $99 include $8.00 S&h and $6.42 sales tax for a total of $ i cannot attend, but would like to purchase the audio cd (acd-8669): $39 include $8.00 S&h and $2.82 sales tax for a total of $49.82 i cannot attend, but would like to purchase the audio cd & Book set (acds-8669): $139 include $8.00 S&h and $8.82 sales tax for a total of $ if you are ordering course materials separately, please allow two weeks after the first program for the shipment of books and 4 to 6 weeks for shipment of the Cds and book/cd sets. one session each hour designated as SiMulCaSt on page 4 will be taped. Name Atty. # Firm Address City State Zip Phone / - FAX / - I have enclosed my discount coupon in the amount of $ for my 1st 2nd 3rd 4th 5th seminar. A check made payable to PBI for $ is enclosed. Charge my: Card # Exp. Date Signature
8 why PBi? We MaKe learning PERSONAL. PBi is listening to what you want from your Cle experience. our staff and leadership are fully committed to the Bar, and to helping you reach your professional goals. led by attorneys, educating attorneys we take your success personally Ritter Road, Mechanicsburg PA NONPROFIT ORG. U.S. POSTAGE PAID Pennsylvania Bar Institute commercial litigation INSTITUTE PhilaDelPhia wed., march 18, 2015 simulcast wed., march 18, 2015 greensburg, Mechanicsburg, new Castle Pittsburgh, Plymouth Meeting, West Chester connect with pbi RegisteR today!