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2014 Litigation Summit for In-House Counsel, Outside Counsel and Judges: What Comes Next in Federal and State Court Litigation?

Length: 6 hours 38 minutes

This full-day program will examine the ever-changing and evolving practice of litigation. A faculty comprised of nationally recognized judges, academics, in-house counsel and outside counsel will cover current topics including:

•    How New Federal Rules affect Litigation in Federal Courts
•    What Litigators Need to Know about Appearing in the Commercial Division and New York State Courts
•    Cybersecurity-- What Lawyers Can and Should do to Help Clients Deal with Cyber Issues and Avoid Fall-Out
•    How to Navigate Governmental Investigations and Enforcement Actions
•    Cost Reduction Strategies and Techniques to Enhance the Value of Legal Services

Attendees will be provided with an update on litigation changes affecting their practice and improve litigation skills to better manage litigation and serve clients.


8:15 - 8:30         Welcome
                Beth L. Kaufman

8:30 - 9:15 am     Keynote Address                
The Vanishing Jury Trial   The portion of cases that are resolved by trial has been declining for more than half a century. In recent decades, the absolute number of trials in American courts has also been declining. This pattern is found in both federal and state courts and in both civil and criminal cases. Professor Galanter, a nationally known researcher and writer on the vanishing jury trial, will explain the course of these declines and their implications for the justice system and the legal profession.
            Professor Marc Galanter

9:15 - 10:45 am    Litigation in the Federal Courts with the New Rules:
For Better or Worse – Will it make Litigation Easier & Less Costly?
How will the upcoming changes to the Federal Rules of Civil Procedure affect strategy and approaches to litigation by in-house counsel and by outside counsel? What will be the effect on dispute resolution? This is a must for in-house and outside counsel as they plan for future federal litigation.
    Moderator:     Jack Lerner
Panelists:     Kevin S. Finnegan, Gregory P. Joseph, Hon. John G. Koetl & Hon. Lorna G. Schofield

10:45 -11:00 am    Break

11: 00 am – 12:30 pm    The New World for the Commercial Division & New York State
            Courts: What I Need to Know & Why Should I Litigate There?
The world of litigation in the Commercial Division of New Your State Court is undergoing tremendous change. New expert rules are already in place and discovery, mediation, and the length of litigation will be drastically affected by new proposed Commercial Division rules and changes in policy and practice In-house and outside counsel will need to know these rules to effectively litigate their state cases.
Moderator:     Jay G. Safer
Panelists:     Margaret A. Dale, Michael W. Leahy, Hon. Lawrence
        Marks & Hon. Charles Ramos
1:45 – 3:15 pm    Pandora’s Box: Navigating the Minefield When the Government Calls
Governmental investigations and enforcement actions don't happen in a vacuum. They also raise ancillary concerns about civil liability and damage to reputation. Who needs to be on the team? How cooperative can we be? What can impact the privilege? This session will discuss what needs to be considered when interaction with the government can impact the organization on multiple fronts.
Moderator:     Bruce J. Hector
Panelists:       Yvonne M. Cristovici, Kimberley D. Harris Harlan A. Levy,
        Pablo Quinones & Annie K. Smith

3:15 – 3:30 pm     Break

3:30 – 4:45 pm    The Bottom Line: Enhancing the Value Equation to Improve Access to
Access to justice is being threatened by the cost to litigate. What are the barriers to cost reduction? How can counsel, both inside and outside, collaborate to bring costs into line? This session will address factors that deserve closer– and more informed– consideration and explore strategies and techniques to avoid or manage costs and enhance the value proposition for litigation.

Moderator:    Julia L. Brickell
Panelists:      Zenola Harper, Marilyn Kunstler & Richard Salomon

NY & CA CLE Credit: 6.5 Credits total: 4.5 skills & 2.0 pp. 
NJ CLE Credit: 6.9 Credits total
PA CLE Credit: 5.5 Credits total

Produced By:

New York City Bar Association

Course Materials

  • Spoilation Rule 37(e)
  • 2014 Litigation Summit for In-House Counsel, Outside Counsel and Judges: What Comes Next in Federal and State Court Litigation?
  • Advisory Committee on Civil Rules
  • Advisory Committee on Civil Rules
  • Pandora's Box PPT
  • Pandora's Box Hypothetical
  • Affirmation Document