2021 Business Litigation Virtual Super Conference Agenda

Business Litigation Super Conference Virtual Seminar May 13-14, 2021

*Schedule and Speakers subject to change

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Thursday, May 13, 2021

Time (Central) Program CLE
12:00 p.m. Welcome and Introduction

Charles T. (Charlie) Frazier, Alexander Dubose & Jefferson LLP, Dallas, TX 
Tracey L. Turnbull, Porter Wright Morris & Arthur LLP, Cleveland, OH
12:15 p.m. Eliminating Racial Disparities and Bias in the Justice System

Justice Alan Page (Ret.), former Justice of the Supreme Court of Minnesota, member of the NFL Hall of Fame, and Co-Founder of the Page Education Foundation will discuss ways we help eliminate racial disparity and bias in our justice system.

Hon. Alan C. Page (Ret.), Co-Founder, Page Education Foundation, Minneapolis, MN

Interviewed by DRI President
Emily G. Coughlin, Coughlin Betke LLP, Boston, MA
1:15 p.m. Break
1:25 p.m. The Next Generation of Data Breaches: Lessons from the Trenches
This panel will discuss the lessons we can learn from the latest data breaches, recent regulatory changes to data security by the FTC, and a discussion of what is next. Using real-life scenarios involving inadvertent disclosures, data theft or loss, compromised systems, and more, the panelists will provide insight on what we can all do to protect ourselves, learn from each other how to minimize these risks, and how to handle matters in "full crisis mode," including protecting privileges, training on smart communications, dealing with law enforcement, coordinating the various stakeholders, managing the various claimants, and working with the card brands' Payment Card Industry Forensic Investigators.

David F. McDowell, Morrison & Foerster LLP, Los Angeles, CA 
Mark A. Sadler, Great American Insurance Group, Cincinnati, OH
2:25 p.m. Break
2:35 p.m. Commercial Litigation Committee Meeting (Open to All)

Tracey L. Turnbull, Porter Wright Morris & Arthur LLP, Cleveland, OH
3:35 p.m. Break
3:45 p.m. Personal Jurisdiction Following the Bristol-Meyers Squibb Decision

A host of unanswered questions regarding personal jurisdiction followed SCOTUS' decision in Bristol-Myers. This panel will focus on one of these unanswered questions—the ability to sue on behalf of a class that includes members who could not individually establish personal jurisdiction in the forum. Gregory J. Casas and David E. Sellinger, partners at Greenberg Traurig who recently argued this issue to the D.C. Circuit in a case of first impression at the appellate level, will provide their insights on the reactions of the appellate bench in his case as well as what we can expect from other appellate courts on this issue going forward.

Gregory J. Casas, Greenberg Traurig LLP, Austin, TX
David E. Sellinger, Greenberg Traurig LLP, Florham Park, NJ
4:45 p.m. Break
4:50 p.m. Networking Reception

Friday, May 14, 2021

Time (Central) Program CLE
12:00 p.m. Welcome and Introduction

Liam E. Felsen, PhD, Frost Brown Todd LLC, Louisville, KY
12:10 p.m. Crowdsourcing: What is it, How does it Work, and What are the Risks?

Crowdsourcing is a general term referring to outsourcing a task to a large group of people, which includes crowd voting, crowd creation, crowd wisdom, and crowd funding. Although crowdsourcing has been around for decades, the Internet has caused an explosion in the use of crowdsourcing for solving problems, financing projects, influencing company policies and product offerings, to online reviews that can be cheap marketing dollars, or the company’s worst nightmare. On the one hand, it allows a company to capitalize on a diverse network of information, but on the other hand, there are risks. If a solution involves creativity or generates valuable IP, who owns it? If the project is financed by thousands of people, who owns the end result? Is it legal to use online reviews to market your company without disclosing the affiliation of the reviewer? If a disgruntled customer writes a disparaging online review, is there any recourse? This session will explain how crowdsourcing can be used to a company’s benefit, while explore the risks associated with it, and provide best practices to minimize the risks.

Thomas J. (T.J.) Mihill, Owen Gleaton Egan Jones & Sweeney LLP, Atlanta, GA
Sandra K. Nowak, 3M Company, St. Paul, MN 
Sandra J. (Sandy) Wunderlich, Tucker Ellis LLP, St. Louis, MO
1:10 p.m. Break
1:20 p.m. Investigations of the Executive Branch—How and When Outside Counsel Becomes Involved in the Investigation and the Response

In the past two years, not only has the House convened two Impeachment Inquiries leading to two impeachments of President Trump, but the FBI, the Inspector General and the Department of Justice have engaged in investigations of the Executive Branch. How does the Chief Executive Officer of the United States respond to these investigations and when does it become necessary to engage outside counsel? This panel discussion will focus on the timing of the involvement of outside counsel, the factors involved in selection of the right attorney or firm and the value of a proactive versus reactive response.

Robert N. (Bob) Driscoll, McGlinchey Stafford, Washington, DC
William (Bill) Pittard, KaiserDillon PLLC, Washington, DC
David S. Weinstein, Hinshaw & Culbertson LLP, Coral Gables, FL
2:20 p.m. Break
2:30 p.m. Young Lawyers’ Presentation
Judges Panel: Practice Pointers for Young Lawyers

Courtroom advocacy can be one of the greatest adjustments for young lawyers entering and mastering in the practice of law. The panel of Judges will address topics including what it takes to impress Judges both in filings and in courtroom advocacy, how to lose and gain credibility in front of the Judge, common pitfalls for young lawyers and suggestions on how young lawyers can seek out more courtroom experience. The panel will also discuss how a Judge sitting alone decides a case and how advocacy can affect the decision-making process.

Nicholas M. Centrella Jr., Duane Morris LLP, Philadelphia, PA

The Honorable Roger T. Hughes (Ret.), Federal Court of Canada, Toronto, ON, Canada
The Honorable Maricela Moore, 162nd District Court of Dallas County, TX, Dallas, TX
2:30 p.m. Business Torts and Contracts and Pretrial Procedure SLG Meeting
3:00 p.m. Class Actions SLG Meeting
3:35 p.m. Closing Comments

Tracey L. Turnbull, Porter Wright Morris & Arthur LLP, Cleveland, OH