Business Litigation Business Disputes in a High-Tech World - DRI
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Business Litigation
Business Disputes in a High-Tech World
Tips from
practitioners and
forensic experts
for protecting your
firm and clients
from the risks and
liability arising from
cyberattacks
What is “blockchain”
and how will it bring
radical change to the
legal landscape?
Rule 30(b)(6)
depositions: learn
what changes are
coming and how
they will affect your
corporate witnesses
Understanding and
handling the financial
technology revolution
April 26–27, 2018
The Ritz-Carlton
Denver, CO
T op in-house counsel and leading business litigators from across the country will meet in the Mile-High
City for this seminar, which will focus on cutting-edge issues and technologies affecting commercial litigators
today. Along with stimulating lectures and discussions by leading practitioners and seasoned corporate counsel,
this seminar offers a wealth of marvelous opportunities to network with and meet preeminent business
litigation attorneys from across the nation. All of this is in addition, of course, to enjoying the many wonders that
Denver has to offer, including the Botanic Gardens, the Molly Brown House, many fine museums, and the area’s
natural beauty. As with previous years, this seminar also offers the bonus “two for the price of one” because the
DRI Intellectual Property Litigation Committee will be hosting its seminar at the same time in adjacent rooms.
Attendees are free to go back and forth between the seminars as they wish. Breaks and social events will be
held jointly, presenting even greater networking opportunities. Register now for this “can’t miss” event for any
business litigator.
Donald A. Daugherty, Jr. Michelle Thurber
Program Chair Czapski
Committee Chair
Douglas F. McMeyer Tracey L. Turnbull
Program Vice Chair Committee Vice Chair
E. Todd Presnell
Law Institute
PRESENTED BY D
RI’s Commercial Litigation Committee
Register online now at dri.org or complete the form in the back.Business Litigation Seminar | April 26–27, 2018
What You Will Learn
How to stay ahead of the curve by utilizing the latest
technology in every phase of your case
How to best protect your client’s interests in trade
secret disputes
When and how to preserve error in the trial court to set
up an “appealing” appeal
How operating agreements affect litigation between
LLC members
Best practices for effectively and cost-efficiently tackling
even the most massive e-discovery projects
Members Get More
Access to committee newsletters, seminar course materials and other publications via
DRI Online at dri.org.
Access to the DRI Commercial Litigation Committee Community: Share articles, post blogs,
and connect with others on the latest trends in your area of practice.
Access to dri circles, where lawyer-to-lawyer connections happen. Search dri circles in your
app store:
Use dri Dividends
™
Points to reduce your
registration fee:
Recruit a member
Attend a seminar
Participate on a committee
…and more!
Visit dri.org, go to My DRI and click on
DRI Dividends to see your balance.
Get engaged, get recognized, and get rewarded.
1Business Litigation Seminar | April 26–27, 2018
PROGRAM SCHEDULE
PROGRAM SCHEDULE
Click on any speaker name to view bio.
W E D N E S DAY, A P R I L 2 5 10:00 a.m. Refreshment Break
6:00 p.m. Registration 10:15 a.m. Making Organizations Talk: The Effect of
Changes to Rule 30(b)(6) on Federal Practice
6:00 p.m. Networking Reception
With the increasing popularity of Rule 30(b)(6)
7:30 p.m. Women’s Networking Dinner | Contact Gail depositions, the Civil Rules Advisory Commit-
Westover at gailwestover@sutherland.com. tee is considering amendments to the rule. For
Young Lawyers Dinner | Contact Matthew example, does the deposition testimony con-
Murphy at mmurphy@nilanjohnson.com. stitute a binding admission? Should contention
questions be allowed? Should the number and
T H U R S DAY, A P R I L 2 6 duration of such depositions be limited?
William F. (Billy) Jones, Moye White LLP,
Wireless Access
Denver, CO
SPONSORED BY Hill Ward Henderson
11:05 a.m. Adding Ammunition to Your Trial-
7:00 a.m. Registration
Preparation Arsenal: How and When
7:00 a.m. Continental Breakfast to Preserve Error in the Trial Court
SPONSORED BY Godfrey & Kahn SC Ensuring that any error committed before or
8:00 a.m. Welcome and Introduction during trial is preserved for a potential appeal
is critical. This presentation will offer insight
Donald A. Daugherty, Jr., Godfrey & Kahn SC,
into preserving complaints of error for an
Milwaukee, WI
appeal later, as well as checklists that can be
E. Todd Presnell, Bradley Arant Boult used at trial.
Cummings LLP, Nashville, TN
Robert Dubose, Alexander Dubose Jefferson &
8:15 a.m. What Every Business Litigator Should Townsend LLP, Houston, TX
Know About Blockchain Technology
12:00 p.m. Lunch (on your own)
This presentation will provide a basic descrip-
tion of blockchain technology—described as the 1:30 p.m. Cybersecurity: Risks and Safeguards
biggest technological advancement since the for the Business Litigator
internet—which has many legal implications, The panel will discuss the risks to attorneys and
including possibilities of litigation, ranging their clients posed by ransomware, phishing,
from breach of contract to IP disputes. and other cyberattacks; explore potential lia-
Nina Kilbride, Monax Industries, Raleigh– bility arising out of such attacks and failures to
Durham, NC safeguard data; and identify best practices for
protecting your firm and clients.
9:10 a.m. Reasonableness and Proportionality
MODERATOR | Michael T. (Mike) Kokal, Heyl
in Rule 23 Class Actions
Royster Voelker & Allen PC, Springfield, IL
Because the post-Dukes era ushered in a new
PANEL
level of scrutiny for class certification stand
ards, some courts are now questioning stand- Jeffrey K. Brandt, Jackson Kelly PLLC,
ing, injury in fact, and class settlements to Charleston, WV
determine whether Rule 23 is meeting its Monica M. Minkel, RPLU, MLIS,
intended purpose. This presentation will update USI Mountain, Greenwood Village, CO
general litigators as well as class action spe- Daniel C. (Dan) Nelson, CJEH, CIPP/US,
cialists about trends in small-damage, high-fee
Armstrong Teasdale LLP, Denver, CO
class actions.
William J. (Bill) Kelly III, Kelly & Walker LLC, Denotes the DRI CLIENT CONNECTION: In-house and
Denver, CO claims professional speakers
2Business Litigation Seminar | April 26–27, 2018
1:45 p.m. Young Lawyers Breakout(see below)
PROGRAM SCHEDULE
that facilitate the compilation and presentation
of evidence. This panel will share various ways
2:30 p.m. Litigating Fiduciary Duty Claims
that attorneys can use technology effectively.
Among LLC Members
Gregory N. Hoole, Hoole & King LC,
In most states, relationships among limited lia-
Salt Lake City, UT
bility company members are controlled by the
terms of their operating agreements. Mem- Kim A. Tran, Fellers Snider, Oklahoma City, OK
bers are often free to eliminate typical fiduciary 4:30 p.m. Adjourn
duties owed to each other. Learn how the terms
of an LLC’s operating agreement can substan- 4:45 p.m. Commercial Litigation Committee Meeting
tially affect relationships among its members. (open to all)
James D. Johnson, Jackson Kelly PLLC, 5:00 p.m. Walking Tour of Downtown Denver | Contact
Evansville, IN Shannon Bell at sbell@kellywalkerlaw.com.
3:15 p.m. Refreshment Break 6:00 p.m. Networking Reception(open to all)
3:30 p.m. Have Technology, Will Travel 7:30 p.m. Dine-Arounds | Join colleagues and friends
Lawyers are now able to use tablets for every- at selected restaurants for dinner (on your
thing from mediation to the presentation of own). More details on-site.
evidence at trial. There are also a host of apps
YO U N G L AW Y E R S B R E A KO U T Thursday, 1:45 p.m.–4:30 p.m.
1:45 p.m. The Nuts and Bolts of Finding and 3:30 p.m. Responding to Document Requests
Working with Expert Witnesses Under the “New” Rule 34
Once you decide that you need an expert, how Lawyers have been slow to adapt to the
do you go about making sure that you select amendments to FRCP 34, causing several
the right expert for your case? This presenta- fed-up judges to admonish lawyers to learn
tion will provide a pragmatic approach to locat- and to comply with the rule’s requirements or
ing, vetting, and working with experts. risk sanctions. Learn how to respond to docu-
Erin M. (Maggie) Cook, Godfrey & Kahn SC, ment requests under the amended rule, and
Milwaukee, WI receive guidance on how to explain politely to
partners and clients why the old boilerplate
2:30 p.m. Crash Course in Accounting: objections are no longer acceptable.
Numbers Don’t Lie… or Do They?
Matthew C. Murphy, Nilan Johnson Lewis PA,
When financial documents arise in your litiga- Minneapolis, MN
tion, it is critical to know the basics of account-
ing. Participants will learn to understand each 4:00 p.m. Holding Your Own Against a
financial statement and disclosure, the poten- More Experienced Litigator
tial effect that each statement and disclosure One of the more daunting experiences as a
has on a legal matter, and when to get a finan- young lawyer may be to stand tall against a
cial expert involved. more experienced litigator’s attempts to con-
Nicole N. Zakowicz, EisnerAmper LLP, trol litigation. This presentation provides prac-
Philadelphia, PA tical tips for young lawyers on how to avoid
being trampled.
3:15 p.m. Refreshment Break
Blair I. Fassburg, Williams Kastner, Seattle, WA
3Business Litigation Seminar | April 26–27, 2018
10:45 a.m. Refreshment Break
PROGRAM SCHEDULE
F R I DAY, A P R I L 2 7
Wireless Access 10:55 a.m. Electronic Health Records: How to Best
SPONSORED BY Hill Ward Henderson Position Your Client for Litigation
7:00 a.m. Registration As the majority of healthcare providers adopt
electronic health record systems (EHR), litiga-
7:00 a.m. Continental Breakfast tors should understand the unique aspects of
8:00 a.m. Announcements EHR contract negotiations and litigation strate-
gies to maximize clients’ chances for success.
Douglas F. McMeyer, Chapman Spingola,
Chicago, IL Russell B. (Russ) Morgan, Bradley Arant Boult
Cummings LLP, Nashville, TN
8:30 a.m. Hook, Line, and Sinker: What You Need
Gerard M. Nussbaum, Zarach Associates LLC,
to Know About Financial Technology
Chicago, IL
Bitcoin, blockchain, peer-to-peer payments,
and artificial intelligence are revolutionizing 11:50 a.m. Attacking the Massive ESI
financial technology. This session will provide Project on Two Fronts
what you need to understand legal develop- In-house and outside counsel will discuss best
ments and future advances. practices for managing large e-discovery proj-
Richard B. Levin, Polsinelli PC, Denver, CO ects, including how to best collaborate, set
expectations, and divide duties to assure a suc-
9:20 a.m. Employee Theft of Trade Secret cessful and efficient production.
or Confidential Information
Nathan D. Dupes, Bodman PLC, Detroit, MI
In this panel, opposing counsel in a trade secret
dispute and the forensic computer expert who Joseph T. (Joe) Muzingo, Blue Cross Blue
assisted them will discuss what to expect, what Shield of Michigan, Detroit, MI
pitfalls to look out for, and what to do to pro- 12:40 p.m. Crisis Management for Attorneys and
tect your clients’ interests regardless of the side Their Clients: Strategy and Ethics
of the dispute on which they find themselves. Legal controversies today are tried on social
PANEL media and in the “court of public opinion”—at
John L. Hayes, Ogletree Deakins Nash Smoak & least as much as in any court of law. Gain valu-
Stewart PC, Chicago, IL able insight into the ethical considerations that
arise while protecting your client’s image and
Phillip C. (Phil) Korovesis, Butzel Long,
reputation in the face of “gotcha” journalism
Detroit, MI
and 24/7 news cycles.
J. Stott Matthews, Spectrum Computer
Bruce M. Hennes, Hennes Communications,
Forensics and Risk Management LLC, Franklin, MI
Cleveland, OH
10:00 a.m. Caught In the Crossfire: You Want Douglas F. McMeyer, Chapman Spingola,
Me to Pay for What?!?! Chicago, IL
What happens when a third party is asked
to expend a great deal of time and money 1:40 p.m. Adjourn
responding to subpoenas? Explore the poten-
tial basis under state and federal laws and pro-
cedures for nonparty witnesses to shift costs of
subpoena compliance, and learn strategies for
addressing potential costs.
The Honorable Nina Y. Wang, US District Court
for the District of Colorado, Denver, CO
Denotes the DRI CLIENT CONNECTION: In-house and
claims professional speakers
4Business Litigation Seminar | April 26–27, 2018
G E N E R A L I N F O R M AT I O N
In-House Counsel days for processing). Registrations received after April 3, 2018, will be
In-house counsel are eligible for free registration to processed on-site.
DRI seminars. In-house counsel are defined as licensed
attorneys who are employed exclusively by a corpo- Refund Policy
The registration fee is fully refundable for cancellations received on
ration or other private sector organization for the pur- or before April 3, 2018. Cancellations received after April 3 and on
pose of providing legal representation and counsel or before April 10, 2018, will receive a refund, less a $100 process-
only to that corporation, its affiliates, or its subsidiaries. ing fee. Cancellations made after April 10 will not receive a refund,
To qualify for free registration, in-house counsel must but a $100 certificate good for any DRI seminar within the next 12
be a DRI member and a member of the DRI Corporate months will be issued. All cancellations and requests for refunds must
Counsel Committee or be sponsored by a DRI member be made in writing. Fax (312.795.0747) or email (seminars@dri.
who is both registered and has paid for the seminar. org) to DRI’s Accounting Department. Processing of refunds will occur
Nonmember in-house counsel may utilize this offer within four weeks after the date of the seminar. All refunds will be
only once. This offer excludes the DRI Annual Meeting processed in the same method that the payment was received. Sub-
and the DRI Business Management Principles for Law- stitutions may be made at any time without charge and must be sub-
mitted in writing.
yers Seminar.
Discounts
Claims Executives Group Discount The first and second registrations from the same
firm or company are subject to the fees outlined previously. The regis-
Claims professionals are eligible for free registration to tration fee for additional registrants from the same firm or company is
DRI seminars. Claims professionals are defined as any $775, regardless of membership status if received on or before March
individuals employed by a corporation or insurance 27, 2018. After March 27, the group rate is $875. All registrations must
company, who spend a substantial portion of their pro- be received at the same time to receive the discount.
fessional time hiring or supervising outside counsel in
the representation of businesses, insurance compa- Travel Discounts DRI offers discounted meeting fares on various
major air carriers for DRI Business Litigation Seminar attendees.
nies or their insureds, associations, or governmental To receive these discounts, please contact Direct Travel, DRI’s official
entities in civil litigation. To qualify for free registration, travel provider, at 800.840.0908. As always, to obtain the lowest avail-
the claims professional must be a DRI member under a able fares, early booking is recommended.
corporate membership or be sponsored by a DRI mem- The taping or recording of DRI seminars is prohibited without the
ber who is both registered and has paid for the semi- written permission of DRI.
nar. Nonmember claims professionals may utilize this Speakers and times may be subject to last-minute changes.
offer once per calendar year. This offer excludes the A small portion of your room rate offsets the costs of the seminar.
DRI policy provides there will be no group functions sponsored by
DRI Annual Meeting. others in connection with its seminars.
Hotel Accommodations
G E N E R A L I N F O R M AT I O N
A limited number of discounted hotel rooms have been made avail-
CLE able at The Ritz-Carlton Denver, 1881 Curtis Street, Denver, CO 80202
This seminar has been approved for MCLE credit by the State Bar of (click here to view hotel photos).
California for up to 11.25 hours, including 1 hour of ethics credit.
Accreditation has been requested from every state with mandatory Take advantage of the group rate of $299 Single/Double in one of
continuing legal education (CLE) requirements. Certificates of atten- two ways:
dance will be provided to each attendee. Attendees are responsible
for obtaining CLE credits from their respective states. Credit availabil- 1) Reserve online: Click here or visit dri.org and go to the DRI Busi-
ity and requirements vary from state to state; please check the DRI ness Litigation Seminar and click on the “Book hotel” button.
website at dri.org for the latest information for your state. 2) Or contact the hotel directly at 303.312.3800 and mention the
DRI Business Litigation Seminar.
Registration Policy
The hotel block is limited and rooms and rates are available on a first-
Save $100 when you register by March 27, 2018. (See the registration
come, first-served basis. You must make reservations by March 27, 2018,
form for pricing.) The registration fee includes course materials, con- to be eligible for the group rate. Requests for reservations made after
tinental breakfasts, refreshment breaks, and networking receptions. March 27 are subject to room and rate availability.
If you wish to have your name appear on the registration list distrib-
uted at the conference and receive the course materials in advance,
DRI must receive your registration by April 3, 2018 (please allow 10
5Business Litigation Seminar | April 26–27, 2018
FA C U LT Y Click on any name to view bio.
Jeffrey K. Brandt, Jackson Kelly PLLC, Charleston, WV Douglas F. McMeyer, Chapman Spingola, Chicago, IL
Erin M. (Maggie) Cook, Godfrey & Kahn SC, Milwaukee, WI Monica M. Minkel, RPLU, MLIS, USI Mountain,
Michelle Thurber Czapski, Bodman PLC, Troy, MI Greenwood Village, CO
Donald A. Daugherty, Jr., Godfrey & Kahn SC, Milwaukee, WI Russell B. (Russ) Morgan, Bradley Arant Boult
Robert Dubose, Alexander Dubose Jefferson & Cummings LLP, Nashville, TN
Townsend LLP, Houston, TX Matthew C. Murphy, Nilan Johnson Lewis PA,
Nathan D. Dupes, Bodman PLC, Detroit, MI Minneapolis, MN
Blair I. Fassburg, Williams Kastner, Seattle, WA Joseph T. (Joe) Muzingo, Blue Cross Blue Shield
John L. Hayes, Ogletree Deakins Nash Smoak & Stewart PC, of Michigan, Detroit, MI
Chicago, IL Daniel C. (Dan) Nelson, CJEH, CIPP/US, Armstrong
Bruce M. Hennes, Hennes Communications, Cleveland, OH Teasdale LLP, Denver, CO
Gregory N. Hoole, Hoole & King LC, Salt Lake City, UT Gerard M. Nussbaum, Zarach Associates LLC, Chicago, IL
James D. Johnson, Jackson Kelly PLLC, Evansville, IN E. Todd Presnell, Bradley Arant Boult Cummings LLP,
William F. (Billy) Jones, Moye White LLP, Denver, CO Nashville, TN
William J. (Bill) Kelly III, Kelly & Walker LLC, Denver, CO Tracey L. Turnbull, Porter Wright Morris & Arthur LLP,
Cleveland, OH
Nina Kilbride, Monax Industries, Raleigh–Durham, NC
Kim A. Tran, Fellers Snider, Oklahoma City, OK
Michael T. (Mike) Kokal, Heyl Royster Voelker & Allen PC,
The Honorable Nina Y. Wang, US District Court for the
F A C U LT Y
Springfield, IL
District of Colorado, Denver, CO
Phillip C. (Phil) Korovesis, Butzel Long, Detroit, MI
Nicole N. Zakowicz, EisnerAmper LLP, Philadelphia, PA
Richard B. Levin, Polsinelli PC, Denver, CO
J. Stott Matthews, Spectrum Computer Forensics and Risk
Management LLC, Franklin, MI View faculty bios on the Business Litigation Seminar
webpage; click on “View speakers” button.
Denotes the DRI CLIENT CONNECTION: In-house and
claims professional speakers
Diversity and Inclusion in DRI: A Statement of Principle
DRI is the largest international membership organization of attorneys defending the interests of business and individuals
in civil litigation.
Diversity is a core value at DRI. Indeed, diversity, which includes sexual orientation, is f undamental to the success of
the organization, and we seek out and embrace the innumerable benefits and contributions that the perspectives,
backgrounds, cultures, and life experiences a diverse membership provides.
Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential leaders are
often also members and leaders of other defense organizations. Accordingly, DRI encourages all national, state, and local defense organizations to
promote diversity and inclusion in their membership and leadership.
Harassment and Discrimination
DRI is committed to the policy of equal opportunity regardless of race, color, religion, sex, sexual orientation, gender, national origin and disability
in all of its programs and activities, as well as maintaining an environment in our programs and activities which is free from all forms of harassment
or discrimination of any kind. Pursuant to this policy, if any person who attends our programs or activities experiences unlawful discrimination or
harassment, this should be reported to the Executive Director so that appropriate action may be taken.
6Business Litigation Seminar | April 26–27, 2018
CLE for Your Practice
February 7–9 April 11–13
Product Liability Conference Life, Health, Disability and ERISA
San Diego Marriott Marquis, Westin Copley, Boston, MA
San Diego, CA
April 26–27
March 1–2 Intellectual Property
View all Toxic Torts and Environmental Law The Ritz-Carlton Denver, Denver, CO
Continuing
Legal Sheraton Nashville Hotel, Nashville, TN
Education May 3–4
offerings March 14–15 Retail and Hospitality Litigation
Appellate Advocacy and Claims Management
Planet Hollywood, Las Vegas, NV Loews Chicago, Chicago, IL
March 14–16 May 16–18
Trial Tactics Employment and Labor Law
Planet Hollywood, Las Vegas, NV Loews Chicago, Chicago, IL
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7Business Litigation Seminar | April 26–27, 2018
SEMINAR SPONSORS
DRI wishes to thank our sponsors for their support at this year’s seminar!
S I LV E R S P O N S O R S
SEMINAR SPONSORS
BRONZE SPONSORS
8Business Litigation Seminar Register online
April 26–27, 2018 Download form
The Ritz-Carlton | Denver, CO to fax or mail
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NAME (as you would like it to appear on badge)
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R E G I S T R AT I O N F E E
Registration fee includes seminar attendance, networking events, and course materials. DRI will email a link to download
the course materials to all registrants two weeks in advance of the seminar.
On or before After
Mar. 27, 2018 Mar. 27, 2018
Member $875 $975 For inclusion on the
Nonmember $1,110 $1,210 preregistration list and to receive
Government Member $575 course materials in advance,
Law Student Member FREE register by April 3, 2018.
In-House Counsel Member* FREE
Claims Executive Member* FREE
Group Discount* $775 $875 (*as defined on page 5)
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My check for (USD) is enclosed. Business Litigation
Please charge my VISA MasterCard American Express. 2018-0035B
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DRI JP Morgan, Attn: DRI LBX 72225
72225 Eagle Way, Chicago, IL 60678-7252 131 S. Dearborn, 6th Floor, Chicago, IL 60603
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DRI
Business Litigation
Seminar
April 26–27, 2018
The Ritz-Carlton
Denver, CO
DRI is the place to secure lawyer-
to-lawyer referrals.
The Business Litigation Seminar is a great
place to grow your network and earn
valuable CLE.
Maximize your business development and
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