TOXIC TORT & ENVIRONMENTAL LITIGATION

Transcription

1 ACI Develop cost-effective defense strategies and adapt to constantly evolving scientific standards, technologies, and regulations t June 21-23, 2017, Chicago, IL Wyndham Grand Chicago Riverfront EARN CLE/ETHICS CREDITS TOXIC TORT & ENVIRONMENTAL LITIGATION Responding to new claims and causation standards and preventing potential damages multipliers Hear from These Renowned Jurists: The Honorable Richard T. Aulisi 4th Judicial District New York Supreme Court The Honorable Mark Davidson Asbestos Multi-District Litigation Court The Honorable Janis Graham Jack United States District and Bankruptcy Court, Southern District of Texas The Honorable Sean W. McPartland Sixth Judicial District of Iowa The Honorable Clare Elizabeth McWilliams Circuit Court of Cook County Join the Nation's Leading In-House Counsel, Litigators, and Preeminent Jurists who will Provide Highly Specialized, Practical Information on: Using medical-based defenses and working with experts to defeat theories of causation The current state of affairs in regards to TSCA reform, the EPA, and the new administration Recent verdicts on talc litigation and their effects going forward State laws and regulations affecting the toxic torts and environmental litigation landscape How to master cost-effective e-discovery strategies Best practices for effectively connecting with millennial jurors Sponsor By: Register Now AmericanConference.com/TOXICTORT

2 Meet Our Esteemed Faculty The Honorable Richard T. Aulisi 4th Judicial District New York Supreme Court Gary Ballesteros Vice President - Law Ombudsman Rockwell Automation (Milwaukee, WI) Michael J. Blair Vice President, Environmental Claims Gen Re (San Francisco, CA) Michael Th. Bourque Assistant General Counsel, Global Environmental and Safety Praxair, Inc. (Danbury, CT) Francis A. Citera Shareholder Greenberg Traurig, LLP (Chicago, IL) Jonathan R. Cooper Tucker Ellis LLP (Cleveland, OH) Michael Crist DLD Lawyers (Fort Lauderdale, Florida) Lawrence E. Culleen Arnold & Porter Kaye Scholer LLP (Washington, D.C.) The Honorable Mark Davidson Asbestos Multi-District Litigation Court The Honorable Janis Graham Jack United States District and Bankruptcy Court, Southern District of Texas Anne D. Harman Dinsmore & Shohl LLP (Wheeling, WV) Dennis Helewa Vice President & Assistant Counsel, Claims SCOR General Security Companies (New York, NY) Stephen Hoke Hoke LLP (Chicago, IL) Gregory A. Iken Armstrong Teasdale LLP (St. Louis, MO) Howard E. Jarvis Member Woolf, McClane, Bright, Allen & Carpenter, PLLC (Knoxville, TN) Michael Johnson Senior Trial Counsel Union Pacific Railroad (Omaha, NE) George A. Kiser HeplerBroom LLC (Edwardsville, IL) The Honorable Richard Kramer Judge, San Francisco County Superior Court, JAMS (San Francisco, CA) Paul V. Majkowski Rivkin Radler LLP (Uniondale, NY) The Honorable Sean W. McPartland Sixth Judicial District of Iowa The Honorable Clare Elizabeth McWilliams Circuit Court of Cook County Lauren M. Michals Counsel Nixon Peabody LLP (San Francisco, CA) Dr. Nadia Moore Senior Toxicologist Veritox, Inc. (Redmond, WA) Judith Praitis Sidley Austin LLP (Los Angeles, CA) Stewart Richmond Assistant Vice President Claims RiverStone Claims Management (Manchester, NH) Seth D. Rothman Hughes Hubbard & Reed LLP (New York, NY) Rick Schlegel Assistant General Counsel Exelon Corporation (Philadelphia, PA) Dr. Robert Scofield Principal and Vice President GSI Environmental (Oakland, CA) Robert P. Scott Blank Rome LLP (Houston, TX) Dr. Ted Simon Principal Ted Simon Toxicology (Winston, GA) Jim Sinunu Sinunu Bruni (San Francisco, CA) David A. Warren Assistant Vice President Resolute Management Inc. (Chicago, IL) Joseph J. Welter Goldberg Segalla LLP (Buffalo, NY) Global Sponsorship Opportunities With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Director of Sales, Tel: x5242 w.tyler@americanconference.com 2 Join the #ACIToxicTort

3 A TACTICAL, PRACTICAL, AND REAL-TIME GUIDE TO OPTIMIZING LITIGATION STRATEGY AT THE RAPIDLY CHANGING INTERSECTION OF SCIENCE, TECHNOLOGY AND THE LAW From low dose causation to a plethora of new claims linked to exposure, the toxic tort liability landscape is becoming increasingly complex, and new lines of exposure litigation (such as talc) are now creating additional liability risks for companies. In addition, with the increasing number of settlements, critical decisions and costly verdicts that have taken place in the last year, it is more important than ever for companies and the counsel representing them to have the most up-to-date information on the current trends and top-level strategies for handling these cases going forward. In response to these challenges and to provide you with best practices in the field from an unparalleled faculty of outside attorneys directly involved in key decisions throughout the year, as well as industry in-house counsel and the nation s leading jurists with on-point experience, ACI is pleased to bring you the premier program on Toxic Tort and Environmental Litigation. Why this year s event is a mustattend for you and your team: 1) Obtain the latest information from industry insiders on recent policy changes from Washington, D.C. to prepare your organization for what will occur during this turbulent time. 2) Gain first-hand insights into the priorities and concerns of in-house house counsel when it comes to toxic torts and environmental litigation. 3) Understand how causation can be used to combat the junk science being used in today s trials. 4) Hear directly from leading jurists on their perspectives on key issues on topics such as Daubert, e-discovery, juries and more. WEDNESDAY JUNE 21, 2017 Pre-conference workshop 1:30 5:00 pm (Registration begins at 12:30 pm) Toxic Tort Trial Prep 101: Developing Winning Deposition Execution Strategies Using Practical Methods to Gain a Competitive Advantage in the Courtroom Gregory A. Iken Armstrong Teasdale LLP (St. Louis, MO) Robert P. Scott Blank Rome LLP (Houston, TX) Given the importance of causation and scientific issues during a toxic tort case, depositions can make or break the case. Because of this, it is critical to fully understand the key strategies necessary to both effectively prepare your witness for trial and acquire key information from opposing counsels experts. During this interactive, in-depth session key points of discussion will include: Establishing case specific facts Proper scheduling of depositions Who should be in the room? When should these depositions be taken? Strategies to determine the appropriate amount of depositions to take Successful approaches to questioning Best practices for interacting with opposing counsel Company witnesses What are the disclosure obligations? Selecting the proper employees to question Expert witnesses Strategies for taking the deposition of an expert and effective challenges for opposing counsels expert Fact witnesses 5) Acquire the perspective of a juror as you and your colleagues take part in an interactive post-conference mock trial focusing on expert witnesses. I look forward to meeting you to discuss the recent challenges and cutting edge legal strategies that are now being seen in these cases. Marc Gerstein Business and Legal Research Analyst ACI The C5 Group, comprising, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company. For over 30 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success. Register Now AmericanConference.com/TOXICTORT 3

4 THURSDAY JUNE 22, 2017 DAY ONE 7:00 Main Conference Registration and Continental Breakfast 8:00 Co-Chairs Opening Remarks Robert P. Scott Blank Rome LLP (Houston, TX) Stephen Hoke Hoke LLC (Chicago, IL) 8:15 EPA, TSCA Reform, and the New Administration Lawrence E. Culleen Arnold & Porter Kaye Scholer LLP (Washington, D.C.) Robert P. Scott Blank Rome LLP (Houston, TX) Dr. Ted Simon Principal Ted Simon Toxicology (Winston, GA) Reviewing the most recent set of TSCA reforms and what they mean going forward Understanding the EPA risk assessment process What is the review process? What are the new expectations? What must be submitted to the EPA? The chemicals the EPA is preparing to ban and what it means for the industries involved The latest EPA enforcement efforts and penalties New warning labels, regulations, and terminology The role of preemption The effects a new administration has on toxic torts and environmental law and what is coming next A look back on the first 150 days What changes will be forthcoming for the EPA and other government agencies? What will happen to Superfund sites? Assessment of liability New OSHA regulations How will tort reform be addressed? 9:30 Talc the Next Asbestos? Analyzing the Recent Explosion of Talc Related Claims Stephen Hoke Hoke LLC (Chicago, IL) Gregory A. Iken Armstrong Teasdale LLP (St. Louis, MO) Dr. Nadia Moore Senior Toxicologist Veritox, Inc. (Redmond, WA) Differentiating the types of claims currently surrounding talc Asbestos and mesothelioma Cosmetic talc and ovarian cancer Exploring the exposure and epidemiology involved in causation Examining the ties of exposure claims to genetic mutations and alternative exposures Assessing the commonalities and differences among the plaintiff and defense bars Understanding the current landscape of the courts these cases are being tried in Countering the reptile approach Identifying the tactics necessary to utilize during discovery for these cases What is the duty of the company behind these claims? Demystifying the science behind the claims Is the plaintiff science accurate? How can the junk science be eliminated? How can the science be easily explained to juries? Discussing court verdicts in recent cases in various jurisdictions Missouri New Jersey California How has the Daimler decision played into all of this? 10:30 Networking Break 10:45 A View from the Bench: Judicial Insight into Toxic Tort Liability Litigation The Honorable Richard T. Aulisi 4th Judicial District New York Supreme Court The Honorable Mark Davidson Asbestos Multi-District Litigation Court The Honorable Janis Graham Jack United States District and Bankruptcy Court, Southern District of Texas The Honorable Sean W. McPartland Sixth Judicial District of Iowa The Honorable Clare Elizabeth McWilliams Circuit Court of Cook County Moderator: Michael Crist DLD Lawyers (Fort Lauderdale, Florida) Hear what arguments and claims Courts find most persuasive when presiding over a toxic tort or environmental litigation case, develop your litigations strategies based on the perspectives of highly regarded jurists experienced in predicting over these cases, who will share their thoughts on key issues within litigation, including discovery, the science behind the claim, juries, and the ever changing regulations that exist within this realm. 12:15 Networking Lunch for Speaker and Attendees 1:30 Efficient and Cost Effective Strategies for Streamlining E-Discovery Paul V. Majkowski Rivkin Radler LLP (Uniondale, NY) Seth D. Rothman Hughes Hubbard & Reed LLP (New York, NY) Analyzing the practical effects of the changes to the Federal Rules of Civil Procedure Improving proportionality Avoiding sanctions Conducting an early case assessment to measure risk and minimize expense Using favorable court opinions limiting the scope of document preservation and e-discovery Exploring the recent changes to the standing order of the U.S. District Court for the North District of California that requires third party funders be 4 Join the #ACIToxicTort

5 automatically disclosed in class action cases during discovery Meaningful objections to burdensome discovery requests Best practices for maintaining data litigation holds and the use of software 2:30 Jurors in the Millennial Age a Tactical Approach to Conveying Your Case to the New Age of Jurors Anne D. Harman Dinsmore & Shohl LLP (Wheeling, WV) Joseph J. Welter Goldberg Segalla LLP (Buffalo, NY) Understanding the pre-conceived notions jurors may have prior to entering the courtroom in regards to toxic tort cases What are the assumed expectations of today s jury in a toxic tort case? How do you effectively explain the science behind the claims to juries? Analyzing the millennial juror and how they differ from the previous generation How does each generation of jurors learn? How does one successfully introduce technology into the courtroom, and what is the effect it has on a jury? 3:30 Networking Break 3:45 Structuring Successful and Mutually Beneficial Alternative Fee Arrangements Gary Ballesteros Vice President - Law Ombudsman Rockwell Automation (Milwaukee, WI) Jonathan R. Cooper Tucker Ellis LLP (Cleveland, OH) How to successfully evaluate a deal at the time of proposal What are the proper ways to present these deals? What success bonuses can and should be put in place? How does one establish successful metrics? What is the benchmark for fair goals? Creating a budget for these fee arrangements and determining profitability for the fee arrangements 4:30 Implementing Practical and Ethical Settlement Strategies Francis A. Citera Shareholder Greenberg Traurig, LLP (Chicago, IL) George A. Kiser HeplerBroom LLC (Edwardsville, IL) Positioning a case for settlement both pre and post the establishment of liability How should cases be bundled to successfully achieve resolution? How to successfully leverage relationships with opposing counsel Properly displaying candor towards the tribunal during arbitration or mediation Reviewing the ABA model rules of communication What is the scope of representation between client and lawyer? Implementing proper organization techniques when working with multiple clients Strategies for avoid a conflict of interest What if the client has a diminished capacity? What can be done in regards to unrepresented individuals? How to determine if a settlement is fair 5:30 Conference Concludes for Day 1 FRIDAY JUNE 23, 2017 DAY TWO 7:15 Continental Breakfast 8:00 Co-Chairs Opening Remarks and Recap of Day 1 8:15 In-House Counsel Panel What Keeps Me Up at Night When Faced with a Toxic Tort Action Michael Th. Bourque Assistant General Counsel, Global Environmental and Safety Praxair, Inc. (Danbury, CT) Michael Johnson Senior Trial Counsel Union Pacific Railroad (Omaha, NE) Rick Schlegel Assistant General Counsel Exelon Corporation (Philadelphia, PA) During this in depth discussion, prominent leaders of various industries will discuss the latest challenges in regards to toxic torts and environmental law, including managing litigation costs, coordinating cases in multiple jurisdictions, working with multiple representation for different circumstances, company policies for discussing chemicals that have been deemed toxic by government authorities, and efforts at increased transparency. 9:30 Carriers In-House Panel: What Comes Next Analyzing the Actions Taken by Providers When a Company is Found at Fault Michael Blair Vice President Environmental Claims Gen-Re (San Francisco, CA) Dennis Helewa Vice President & Assistant Counsel, Claims SCOR General Security Companies (New York, NY) Stewart Richmond Assistant Vice President Claims RiverStone Claims Management (Manchester, NH) David A. Warren Assistant Vice President Resolute Management Inc. (Chicago, IL) During this session, executives from leading providers will converse on the strategies they implement when working with outside counsel once liability has been assessed. Points of discussion will include: What factors impact the decision to settle or go to trial Are there caps on awards/punitive damages/attorney fees? Insurance limits on types and amounts awarded Limiting negative public relations image How to tackle situations when the company s interests clash with the interests of the insurer Creating meaningful analysis for evaluating a case What does insurance actually cover and how will that impact litigation strategies Register Now AmericanConference.com/TOXICTORT 5

6 10:30 Networking Break 10:45 Prop 65: The Wild Wild West The Latest Updates from California and Beyond Lauren M. Michals Counsel Nixon Peabody LLP (San Francisco, CA) Judith Praitis Sidley Austin LLP (Los Angeles, CA) Dr. Robert Scofield Principal and Vice President GSI Environmental (Oakland, CA) Analyzing the debate of exposure assessments under Prop 65 Reviewing the chemicals targeted and the material restrictions involved What is the process a company must follow? What must they do when they receive notice What is required for compliance? What must be done once a company has conformed? How can this be avoided altogether? Exploring the new language in Prop 65 How is a chemical deselected? What other states are starting to follow the California blueprint? 11:30 Analyzing the Use of Genetics in Determining Causation in Toxic Tort Cases Howard E. Jarvis Member Woolf, McClane, Bright, Allen & Carpenter, PLLC (Knoxville, TN) The Honorable Richard Kramer Judge, San Francisco County Superior Court, JAMS (San Francisco, CA) How can a genetic predisposition to a disease affect both general and specific causation? What is the role that next-generation sequencing plays in determining a genetic predisposition? What are the strategies for counteracting less than scientifically proven causation? What type of experts and evidence do you need to disprove causation by a genetic predisposition? Understanding how the court looks at the science presented before it Can the court be compelled to order genetic testing for a specific disease? What are the effects of biomonitoring and biomarkers, and how can their accuracy be verified? What is the causation for epigenetic change, and can these changes lead to contracting a disease? How does Nano-technology play into all of this? What are the carcinogenicity classifications issued by IRAC, FDA, and the American Cancer Society? How can they be used proactively? 12:45 Main Conference Concludes (Networking Lunch for Post-Conference Workshop Attendees) FRIDAY JUNE 23, 2017 Afternoon Post-conference workshop 2:00 5:30 pm (Registration begins at 1:30 pm) Interactive Mock Trial: The Expert Witness The Honorable Richard Kramer Judge, San Francisco County Superior Court, JAMS (San Francisco, CA) Jim Sinunu Sinunu Bruni (San Francisco, CA) With expert witnesses being the linchpin to making a case for either the plaintiff or defense in the field of Toxic Torts and Environmental Law, asking the right questions of these individuals is critical. During this in-depth post conference interactive session, the examination of an expert witness will be evaluated through a role playing exercise which will examine the key questions to be asked by defense counsel in an effort to build their case, as well as argue against the claims of the plaintiff. Attendees will act as members of the jury, asking questions throughout the session, and rule on the admissibility and validity of the expert witness. This is a first-note event. It brings together highly knowledgeable participants with excellent presentation skills. Associate General Counsel Praxair, Inc. This was one of the best ACI programs I have attended in my 35 years of practice. Amazing speakers and topics. Schröder, Joseph & Associates, LLP 6 Join the #ACIToxicTort

7 MISSED A CONFERENCE? ORDER THE CONFERENCE MATERIALS NOW! If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call or visit: EXCLUSIVE ROOM RATES! is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the ACI s Toxic Tort conference to receive this rate. Continuing Legal Education Credits EARN CLE CREDITS Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation, including ethics. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board. ACI certifies that this activity has been approved for CLE credit by the State Bar of California. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at Choose your Registration Method PHONE: CustomerService@AmericanConference.com ONLINE: AmericanConference.com/TOXICTORT FAX: MAIL: 45 West 25th Street, 11th Floor New York, NY Select your Level of Engagement Register & Pay by May 19, 2017 Register & Pay after May 19, 2017 o Conference Only $2095 $2295 o Conference and One Workshop Ao or Bo $2695 $2895 o ELITEPASS: CONFERENCE AND BOTH WORKSHOPS $3295 $3495 o SPECIAL IN-HOUSE RATE (CONFERENCE ONLY) $1395 $1595 All program participants will receive an online link to access the conference materials as part of their registration fee. o Please reserve additional copies of the Conference Materials at $199 per copy. SALUTATION JOB TITLE ADDRESS FAX NAME o I would like to receive CLE accreditation for the following states: ORGANIZATION STATE/PROVINCE ZIP CODE COUNTRY TEL. 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Bringing a Team? % Conference Discount % Conference Discount 7 20% Conference Discount 7 or more Call Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please or call customer service. Fee Includes The program, all program materials, refreshment breaks and lunches. Terms and Conditions Payment Policy Payment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to 3 or more individuals employed by the same organization, who register at the same time. Delegate Substitutions and Cancellations You must notify us by at least 48 hrs in advance of the conference if you wish to send a substitute participant. 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8 June 21-23, 2017, Chicago, IL Wyndham Grand Chicago Riverfront TOXIC TORT & ENVIRONMENTAL LITIGATION EARN CLE/ETHICS CREDITS 45 West 25 th Street, 11 th Floor New York, NY Attention Mailroom If undeliverable to addressee, please forward to: Environmental Attorney; Products Liability Attorney; Mass Torts Attorney; Toxic Tort Attorney Update your Contact Information If you would like us to change any of your details, please And reference the conference code on the brochure. REGISTRATION CODE S L17.S 3 Ways to Register ONLINE: AmericanConference.com/TOXICTORT CustomerService@AmericanConference.com PHONE: ACI Develop cost-effective defense strategies and adapt to constantly evolving scientific standards, technologies, and regulations June 21-23, 2017, Chicago, IL Wyndham Grand Chicago Riverfront TOXIC TORT & ENVIRONMENTAL LITIGATION Responding to new claims and causation standards and preventing potential damages multipliers HEAR FROM THESE RENOWNED JURISTS: The Honorable Richard T. Aulisi 4th Judicial District New York Supreme Court The Honorable Mark Davidson Asbestos Multi-District Litigation Court The Honorable Janis Graham Jack United States District and Bankruptcy Court, Southern District of Texas The Honorable Sean W. McPartland Sixth Judicial District of Iowa The Honorable Clare Elizabeth McWilliams Circuit Court of Cook County