Asbestos Litigation Conference:

Transcription

1 Asbestos Litigation Conference: A Comprehensive National Overview and Outlook September 14-16, 2009 The Ritz-Carlton San Francisco, CA CO-CHAIRS W. Mark Lanier, Esq., The Lanier Law Firm, Houston, TX John B. Manning, Esq., Cooley Manion Jones LLP, Boston, MA

2 The Co-Chairs W. Mark Lanier, Esq. W. Mark Lanier founded The Lanier Law Firm in Since then, Lanier has earned widespread recognition as one of the top trial lawyers in the United States. His work for clients across the country is supported by firm offices in Houston, New York, Los Angeles and Palo Alto, California. Lanier s stunning verdict in the nation s first Vioxx trial led the editors of Texas Lawyer newspaper to name him the Impact Player of the Year in He previously won accolades for earning a sizeable verdict for a small oil company in a business fraud case against Amoco Production Co., one of the nation s largest oil providers. Lanier also is credited with winning one of the largest asbestos verdicts in US history on behalf of 21 Alabama steelworkers. Lanier is consistently recognized by his peers and the media as one of the best in his field. The National Law Journal named him one of nation s Top 10 Trial Attorneys in 1998 and 2006, the same year the publication named Lanier as one of the 100 Most Influential Lawyers in America. He has earned similar honors from other publications, including The American Lawyer and Texas Monthly. In its coverage of Lanier s verdict in the Vioxx trial, the New York Times described him as one of the top civil trial lawyers in America... In 2007, Texas Lawyer named him as the top personal injury attorney in Texas. He has earned similar honors from other publications, including The American Lawyer and Texas Monthly. Lanier earned his law degree from Texas Tech University School of Law in 1984, and remains on the school s Foundation Board. He founded the nonprofit Christian Trial Lawyers Association, and serves on the Board of Trustees of the Committee for Economic Development. He and his wife, Becky, have five children. John B. Manning, Esq. John B. Manning is a partner with Cooley Manion Jones LLP, in Boston, MA, and represents dozens of companies in litigation throughout the country, including asbestos litigation. As National Counsel for an international products manufacturer, Mr. Manning coordinates the defense of over 200,000 asbestos lawsuits pending in all 50 states. He concentrates his practice in civil litigation, products liability, toxic torts, pharmaceutical litigation, intellectual property, professional liability and commercial disputes, and has extensive experience in trial and appellate practice, alternative dispute resolution, expert witness development and litigation management. Mr. Manning has also served as an expert witness regarding issues in asbestos litigation, and has lead clients lobbying efforts in the US House and Senate to create national asbestos legislation. He is licensed to practice in Massachusetts and Rhode Island.

3 Registration Registration fee is $1195 and includes CD-ROM of course materials, continental breakfast, lunches, refreshment breaks and networking receptions. Three Easy Ways to Register: Lynnsey Perrin Hee Ph: or Fx: Em: Complimentary registration for in-house counsel Discount Registration: Save 15% if you register before July 4. Multiple Attendee Discount Contact: Lynnsey Perrin Hee Ph: Em: Paralegals and Insurance company attendees call for discounts Cancellations: Substitutions may be made at any time. Cancellations are accepted and registration fees refunded, (less a 25% cancellation fee) if notice is received in writing 2 weeks before the event. If for any reason Perrin Conferences cancels the conference, it is not responsible for any costs, including travel and hotel accommodations, incurred by the registrant. For more information regarding administrative policies such as substitutions, cancellations, refunds or complaints, you may contact us at CLE Credit: Application for accreditation of Asbestos Litigation Conference: A Comprehensive National Overview and Outlook is currently pending in all states with CLE requirements. This live program will earn attorneys between 16 and 19 credit hours. Hotel Accommodations: A limited number of discounted hotel rooms have been made available at the Ritz-Carlton, 600 Stockton Street at California Street, San Francisco, California Located on beautifully scenic Nob Hill with convenient access to the best of San Francisco, the Ritz-Carlton is California s only Mobil Five-Star, AAA Five-Diamond hotel. For reservations, contact the hotel directly at Please mention Perrin Conferences Asbestos Conference to take advantage of the group rate of $295 Single/Double. The hotel block is limited and rooms and rates are available on a first-come, first-serve basis. You must make reservations by August 14, 2009, to be eligible for the group rate. Requests for reservations made after August are subject to room and rate availability. Thank you to our sponsors: Bates White Cenero Cooley Manion Jones Hake Kurowski LLP Decision Quest HG Litigation Kenesis Corporate and Information Consulting Litigation Presentation, Inc. NERA Economic Consulting Sponsorship: Contact Lynnsey Perrin Hee,

4 Event Agenda Day 1 Monday, September 14, :30-9:00 AM - Breakfast and Registration 9:00 AM - Opening Remarks W. Mark Lanier, Esq., The Lanier Law Firm, Houston, TX John B. Manning, Esq., Cooley Manion Jones LLP, Boston, MA 9:15 AM - News from the Front: Current Litigation Trends that are Impacting Asbestos Plaintiffs, Defendants & Insurers Precedent-setting decisions and rulings that are shaping the litigation Crunching the Numbers: Understanding Disparate Claims data and applying it to your practice Learning from the past: Understanding where are we today and where we are going Update on emerging trends that are governing today s trials and settlement practices Where are the cases being filed Shepard Hoffman, Esq., Law Offices of Shepard Hoffman, LLC, Dallas, TX Albert Parnell, Esq., Hawkins & Parnell, LLP, Atlanta, GA Charles Bates, Ph.D., Bates White, LLC, Washington, DC Perry Browder, Esq., SimmonsCooper, LLC, East Alton, IL Timothy L. Krippner, Esq., Segal McCambridge Singer & Mahoney, Ltd., Chicago, IL 10:30 AM - Manifest Destiny: The Evolution of Asbestos Litigation in the California Court System Historical litigation in California: Naval exposure, traditional defendant companies, venue rules Opening the floodgates: Five reasons why Los Angeles, San Francisco and Oakland have become hot spots for the litigation Understanding the Los Angeles court and judicial rules: Allocation, economic/non-economic damages and trial & settlement practices Bringing and defending claims in the California courts: What strategies have been successful? Understanding the dynamics of California juries Michael Armitage, Esq., Waters and Kraus, LLP, Los Angeles, CA Jeff Kaiser, Esq., Levin Simes Kaiser & Gornick, LLP, San Francisco, CA William Hake, Esq., Cooley Manion Jones Hake Kurowski LLP, San Francisco, CA 11:15 AM - Break Sponsored by Decision Quest 11:30 AM - Duty to Warn & Recent Rulings on External Insulation/Replacement Parts The sophisticated user defense: How has the litigation changed over the past year? Understanding external insulation decisions and how to successfully bring and defend your case How can plaintiffs develop a case against equipment manufacturers after Taylor, Simonetta and Braaten? What is the impact of cases on other defendants: Who are plaintiffs focusing on now? How to get your case to the jury post-taylor Scott Frost, Esq., Waters & Kraus, LLP, Dallas, TX Katherine Steele, Esq., Stafford Frey Cooper, PC, Seattle, WA Jeffrey A. Healy, Esq., Tucker Ellis & West LLP, Cleveland, OH Ron Eddins, Esq., Simon, Eddins & Greenstone, LLP, Long Beach, CA Thomas F. McCaffery, President, McCaffery & Associates, Inc., Alexandria, VA 12:30 PM - Networking Lunch Sponsored by NERA Economic Consulting

5 Event Agenda Day 1 1:45 PM - Giving your Case a Successful Prognosis: The Use of Medical Experts in Asbestos Litigation Pathology of asbestos diseases Preparing your case to include expert testimony Competing experts: Cross-examination strategies Deconstructing scientific evidentiary thresholds Effective use of dose, SEM vs TEM Admissibility of each and every exposure Current status of the chrysotile defense Samuel Hammar, MD, Director of Diagnostic Specialty Laboratories, Bremerton, WA Peter J. Barrett, MD, Clinical Professor of Radiology, Tufts University School of Medicine, Boston, MA Arnold R. Brody, Ph.D., Dept. of Molecular Biomedical Sciences, North Carolina State University, Raleigh, NC R. Scott Masterson, Esq., Lewis Brisbois Bisgaard & Smith LLP, Atlanta, GA 2:45 PM - Asbestos Roundtable A lively dialogue examining the latest litigation trends and new faces to the asbestos world. What new plaintiff firms are bringing claims, and where? What new defendants have been named? Who are the new plaintiff and defense experts? What new judges are handling busy asbestos dockets? These are just a few of the questions that will be answered as our moderators engage the audience in an educational and entertaining debate and discussion. Nathan Horne, Esq., Segal McCambridge Singer Mahoney, Ltd., Austin, TX Lisa Blue, Esq., Baron & Blue, Dallas, TX 3:45 PM - Break Sponsored by Decision Quest 4:00 PM - In-House Roundtable Discussion: An Insider s View to Resolving Asbestos Liability From the boardroom to the courtroom: Effective in-house strategies to limit liability Managing in-house and outside counsel: Setting expectations Picking your battles: When to fight and when to settle and walk away Strategies to control costs and create efficiencies Other resources companies are using to push back against asbestos claims Moderator: John B. Manning, Esq., Cooley Manion Jones LLP, Boston, MA Edward Lowenberg, ExxonMobil Senior Counsel Litigation Coordinator, Houston, TX Joseph F. Speelman, Associate General Counsel- Litigation, Security, Compliance Lyondell Basell Industries, Houston, TX Nina Lynn Caroselli, Senior Vice President, Claims TIG Insurance Company RiverStone Claims Management, LLC, Manchester, NH Cindy Koehler, Esq., Vice President and Assistant General Counsel, Complex and Emerging Risks Claims Department, Liberty Mutual Insurance Company, Boston, MA Malcolm Myers, Vice President, Asbestos Issues Resolute Management, Inc., Philadelphia, PA Robert Mitchell, Esq., Vorys, Sater, Seymour and Pease LLP, former in-house counsel Goodyear Tire, Rubber Co. and Owens Corning and Morton International, Columbus, OH 5:30 PM - Networking Reception Cooley Manion Jones Hake Kurowski LLP invite you to attend a cocktail reception at their office veranda overlooking the San Francisco Bay at 201 Spear Street.

6 Event Agenda Day 2 Tuesday, September 15, :30-8:30 AM - Breakfast and Registration 7:30 AM - Women in Business Breakfast Roundtable Catherine E. Goldhaber, Esq., Segal McCambridge Singer & Mahoney, Ltd., Chicago, IL Nina Lynn Caroselli, Senior Vice President, Claims TIG Insurance Company RiverStone Claims Management, LLC, Manchester, NH Sharon L. Caffrey, Esq., Duane Morris LLP, Philadelphia, PA Malini Ireland, Director, Navigant Consulting, Inc., Lawrenceville, NJ 8:45 AM - Understanding Evidentiary Standards: Daubert/Frye Update Knowing the standard that applies to your jurisdiction Daubert and Frye challenges: Who is winning the evidentiary and jurisdictional battles? New theories under Daubert and Frye Overview and analysis of recent Daubert and Frye decisions John Langdoc, Esq., Baron & Budd, P.C., Dallas, TX Patrick Haines, Esq., The Lanier Law Firm, Houston, TX Concetta A. Silvaggio, Esq., Willman & Silvaggio, Pittsburgh, PA Sharon L. Caffrey, Esq., Duane Morris LLP, Philadelphia, PA 9:45 AM - The Mechanics of Friction Litigation: Proven Strategies to Successfully Bring, Defend and Win Cases Involving Friction Products Update on the latest developments in cases against the automotive industry Friction product epidemiology Beyond the Big 3 automakers: What other friction-related defendants are being named? Best practices for establishing an effective case against friction defendants Putting the brakes on friction litigation-effective defenses to shade-tree mechanic cases The effect of automotive bankruptcies on asbestos litigation Jerry Kristal, Esq., Weitz and Luxenberg, PC, New York, NY Michael J. Sullivan, Esq., Womble Carlyle Sandridge & Rice, PLLC, Atlanta, GA 10:45 AM - Break 11:00 AM - Settlement vs Trial Negotiations & Allocations How to bring both sides to the table Effective settlement strategies and techniques Understanding your share of liability Knowing when to get out early and when to stay in the case How are shares being apportioned among defendants Allocation and forum rules: What you need to know about various jurisdictions Proof required at trial to allocate shares Economic vs non-economic damages Allocation to bankrupt entities Punitive damages Have settlement demands reached a peak? Will produce more trials and verdicts? Julie Evans, Esq., Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY Christopher A. Seeger, Esq., Seeger Weiss LLP, New York, NY Steven J. Kirsch Esq., Murnane Brandt, St. Paul, MN

7 Event Agenda Day 2 11:45 AM - Overview of Active and Emerging Jurisdictions; Current Status of the MDL; Legislative Update Active Jurisdictions: NY, NJ, PA, FL, OH, IL, RI, DE, WA, NY, DE, HI Emerging jurisdictions: CT, SD, MN MDL update Legislative update Steven A. Hart, Esq., Segal McCambridge Singer & Mahoney, Chicago, IL Connor Bifferato, Esq., Bifferato LLC, Wilmington, DE John Kurowski, Esq., Kurowski, Bailey & Shultz, LLC, Swansea, IL Randy Gori, Esq., Gori Julian & Associates, PC, Edwardsville, IL Jason A. Cincilla, Esq., Cooley Manion Jones LLP, Wilmington, DE, Boston, MA Thomas J. Burns, Esq, O Connell, Tivin, Miller & Burns, Elgin, IL 12:45 PM - Networking Lunch Sponsored by Bates White 1:45 PM - Communicating to a 21st Century Jury A compendium of data from Madison Avenue and communication wonks covering: What are the different cohorts for communicating? How do the cohorts process information differently? How do we teach science to a jury? How do we present information that is both understandable and memorable? W. Mark Lanier, Esq., The Lanier Law Firm, Houston, TX 2:45 PM - Industrial Hygiene: Asbestos Products: The Good, the Bad and the Not So Dusty Are all asbestos products equally dangerous? Defending asbestos containing products from an industrial hygiene perspective Effective use of dose reconstruction and industrial hygiene John Spencer, CIH, CSP, President, Environmental Profiles, Inc., Baltimore, MD William E. Longo, Ph.D., President, Materials Analytical Services, LLC, Suwanee, GA David A. Oliver, Esq., Vorys, Sater, Seymour and Pease LLP, Houston, TX 3:45 PM - Break 4:00 PM - In the Judge s Chambers: The Role of the Judiciary in Asbestos Litigation Moderator: Michael Armitage Esq., Waters & Kraus, LLP, Los Angeles, CA Hon. Mark Davidson, 11th Civil District Court of Texas, Harris County, TX Hon. Lee Edmon, Assistant Presiding Judge, Los Angeles Superior Court, Los Angeles, CA Hon. James McBride, Presiding Judge, San Francisco Superior Court, San Francisco, CA Hon. Daniel Stack, Madison County Circuit Court, Edwardsville, IL 5:00 PM - Networking Reception Sponsored by Kenesis Corporate and Information Consulting

8 Event Agenda Day 3 Wednesday, September 16, :00 AM - Asbestos Bankruptcy: New Filings, Confirmations & Dismissals Overview of the current Chapter 11 asbestos bankruptcy landscape, Part I: Why are these companies still in bankruptcy? Overview of the current Chapter 11 asbestos bankruptcy landscape, Part II: Who are these new filers and how are they doing? Overview of the asbestos trust process, the Three C s : Claims, Contribution and Cooperation Will there be any defendants left? The automotive industry and bankruptcy Joseph F. Rice, Esq., Motley Rice LLC, Mount Pleasant, SC Charles Mullin, Ph.D., Litigation Resolution Group LLC, Washington, DC Robert Phillips, Esq., SimonsCooper, LLC, East Alton, IL Lucy P. Allen, SVP, Mass Torts and Product Liability Chair, NERA Economic Consulting, New York, NY 10:00 AM - Insurance Coverage: Modern Insurance Solutions to Long-Tail Problems Discussion of coverage issues including definition of an occurrence; number of occurrences; trigger; allocation methodology; aggregate limits; treatment of defense costs/multiple year policies; insolvencies; exhaustion; exclusions Recent case law that may affect the coverage available and the best course of action Tips for proving underlying exhaustion as a policyholder and why it is important for carriers too Using a realistic hypothetical, discuss factors to consider in determining the best resolution when choosing between coverage litigation, lump-sum settlement or coverage-in-place agreements Provide practical solutions to resolve often conflicting interests between policyholder, primary carrier and excess carrier on the various litigation positions Elizabeth Hanke, Vice President, Kenesis Corporate & Information Consulting, Washington, DC Martin F. Gaynor III, Esq., Cooley Manion Jones LLP, Boston, MA Michael Conley, Esq., Anderson Kill & Olick, P.C., Philadelphia, PA 11:00-11:30 AM - An Examination of the Science Underlying the Epidemiology of Chrysotile and Mesothelioma David Egilman, MD, MPH, Clinical Associate Professor, Dept. of Community Health, Brown University, Providence, RI 11:30-12:30 PM - Trial Graphics and Demonstratives: Let them see what you mean and remember what you say Why are visuals so important? What, how and when should visuals be used? Using visuals to respond to how jurors process a trial Creative examples Ethical considerations Angela L. Abel, Senior Vice President, DecisionQuest, Atlanta, GA Maria (KiKi) Katina Karos, Esq., Sedgwick, Detert, Moran & Arnold LLP, Dallas, TX Agenda subject to change

9 Registration Form Asbestos Litigation Conference: A Comprehensive National Overview and Outlook September The Ritz-Carlton San Francisco, CA Registration fee is $1195 and includes CD-ROM course materials, continental breakfasts, refreshment breaks and networking receptions. Attendee Name Other Attendee Names, if any Name of Firm / Company Business Address City/State/Zip Address Phone Number Please send me an Invoice: Yes No Discount for multiple attendees Payment Information: Please check the form of payment: VISA MasterCard AMEX CHECK (Checks Payable To: Perrin Conferences, 1650 Market Street, 51st Floor, Philadelphia, PA 19103) Credit Card # Expiration Date Verification Code (VISA ONLY) Customer Code (4 digits) Card Holder s Name Signature Contact: Lynnsey Perrin Hee Ph: or Fx: Register online: