Below you will find the CLE schedule with materials for the 2022 Midyear Meeting.
Under each CLE program description, CLE materials are listed. Please click each hyperlink to access that specific CLE material. If you have any issues accessing these materials, please contact Melisa Maisel Vanis, Director of Professional Development and Assistant Director of Meetings, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Sunday, February 20, 2022
ON DEMAND
Advanced Topics in Civil Written and Oral Discovery
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Product Liability, Social Justice Pro Bono, Toxic and Hazardous Substances Litigation
Discovery is often the most expensive phase of any lawsuit. Practitioners who know the rules and follow them have a substantial advantage over opposing counsel. They can obtain relevant information efficiently, while minimizing unnecessary expenses, because they know responses that are acceptable and objections that are subterfuge. Experienced practitioners also know how to handle opponents who make the process more onerous because they do not know or ignore the Federal Rules' requirements, such as by using form requests or "boilerplate" objections. An experienced practitioner can use his opponents discovery errors and violations to great advantage, particularly when before an experienced and receptive judge. The speakers, -- two Army veterans -- have identified a list of advanced topics in written and oral discovery under the FRCP as well as the case authority supporting the topics. The program is intended to provide a regular resource to practitioners in a primary battlefield – discovery.
Speakers: Robert Redmond, McGuireWoods LLP, Richmond, Virginia USA; James Shelson, Phelps Dunbar, LLP, Jackson, Mississippi USA
Materials:
ON DEMAND
Arbitrating with Expertise: How to Develop, Market, and Find Skilled Counsel and Arbitrators for Specialty Arbitrations
Committee Co-Sponsors: Alternative Dispute Resolution, International Arbitration, Transportation
Construction, Aviation, and International Arbitrations require specialized Arbitrators and Counsel. Arbitrators, counsel and inhouse counsel will advise on the skills and experience required to begin the art of Arbitrating, and will then focus on how to implement the various specialized institution rules (ICC, AAA and others). This will focus primarily on Aviation, International Arbitration, and Construction arbitrations (although the skill development will be applicable to all arbitrations) and will include discussion of the overlay of federal regulatory agencies (NTSB/FAA as examples), analysis of various institutional rules, pitfalls regarding statute of limitations/repose, and now to balance civil code and common law evidentiary production requirements.
Speakers: Heather C. Devine, Alexander Holburn Beaudin + Lang LLP, Toronto, Ontario Canada; Christopher Kenney, Kenney & Sams, P.C., Boston, Massachusetts USA; Sitpah Selvaratnam, Tommy Thomas, Kuala Lumpur, Malaysia; Mica N. Worthy, Cranfill Sumner LLP, Charlotte, North Carolina USA
Materials:
ON DEMAND
Hit the Ground Running - The Importance of Early Internal Investigation of Product Claims
Committee Sponsor: Product Liability
This will be a roundtable discussion regarding the importance of jumping on the internal investigation when a product liability claim arises. The panel will have experiential discussions from what they have dealt with both from the in-house and outside counsel perspective. It will deal with pulling correspondence, testing, recalls, component manufacturers, placing them on notice, potential expert reviews and prior product testing, PAP’s etc.
Speakers: Steven Meckler, Shumaker, Loop & Kendrick, LLP, Charlotte, North Carolina USA; Marisa B. Nye, Electrolux North America, Inc., Charlotte, North Carolina USA; Andrew M. Rink, JELD-WEN, Inc., Charlotte, North Carolina USA; Megan M. Stacy, Shumaker, Loop & Kendrick, LLP, Charlotte, North Carolina USA
Materials:
ON DEMAND
Hot Topics in Consumer Class Actions
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Employment Law, Transportation
This past year has seen a deluge in consumer class action filings, as well as a number of key developments impacting the defense of these cases. This panel will cover key trends and developments over the past year, including (1) filing trends and dealing with multiple state filings, (2) deploying class waiver arbitration clauses directly or as a third party, (3) market actions and their interplay with class actions, (4) key developments in defending consumer fraud and equitable claims, (5) emerging Daubert trends, and (6) settlements.
Speakers: Beverly Baughman, Toyota Motor North America, Plano, Texas USA; Amir Nassihi, Shook, Hardy & Bacon L.L.P., San Francisco, California USA; Sainabou Sonko, Tyson Foods, Inc., Springdale, Arkansas USA; Andrew Trask, Shook, Hardy & Bacon L.L.P., San Francisco, California USA; Jennifer White, Volkswagen Group of America, Hendon, Virginia USA
Materials:
ON DEMAND
Innovation at all Cost? Innovative Building Products and Building Fires: The Case of an Inappropriate Cladding and the Clash Between Product and Professional Liabilities
Committee Co-Sponsors: Construction Law and Litigation, Product Liability, Professional Liability
Speakers: Antoine Bigenwald, Casavant Bedard, Montréal, Quebec Canada; Jean-Simon Cléroux, SNC-Lavalin inc., Montréal, Quebec Canada; Rodney Freeman, Cooley LLP, London, England United Kingdom
Materials:
ON DEMAND
Mistake of State Law: Is There a Bona Fide Defense to a Bona Fide Error?
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation
During this program the presenters will analyze the 9th Circuit’s decision in Kaiser v. Cascade Capital, LLC et al. and discuss it in the context of the history and evolution (and often erosion) of the Bona Fide Error (BFE.) We will also discuss the potential ethical implications the ruling may have for in-house and outside counsel regarding the duty to provide vigorous and competent representation to their clients.
Speakers: Avanti Bakane, Gordon & Rees, LLP, Chicago, Illinois USA; Mary M. Curtin, Gordon, Rees, Scully, Mansukhani, LLP, Phoenix, Arizona USA; Andrew M. Schwartz, Gordon, Rees, Scully, Mansukhani, LLP, Philadelphia, Pennsylvania USA
Materials:
ON DEMAND
Not All Evidence Is Equal: What Sort of 'Evidentiary Proof' Will Satisfy Rule 23?
Committee Co-Sponsors: Appellate Practice, Business Litigation, Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, Employment Law, Medical Defense and Health Law, Transportation
The Supreme Court held in Comcast v. Behrend that a party seeking class certification must satisfy the requirements of Fed. R. Civ. P. 23(b) through "evidentiary proof." But left unsaid by the Court was whether such "evidentiary proof" must actually be admissible under the Federal Rules of Evidence. Following Comcast, the circuit courts have split on whether evidence must be admissible to be considered at class certification, sometimes applying one standard for fact evidence and another for expert evidence. A panel of experienced class action practitioners will discuss the circuits' different approaches to this question and the arguments for and against requiring admissibility.
Speakers: Joseph Cancila, Riley Safer Holmes & Cancila LLP, Glenview, Illinois USA; Thomas J. Hurney, Jr., Jackson Kelly PLLC, Charleston, West Virginia USA; Niall Paul, Spillman Thomas & Battle, PLLC, Charleston, West Virginia USA; Marc E. Williams, Nelson Mullins Riley & Scarborough, LLP, Huntington, West Virginia USA
Materials:
ON DEMAND
Status of the Preemption Defense in Pharmaceutical Products Liability Cases
Committee Co-Sponsors: Drug, Device and Biotechnology, Product Liability
For those who thought preemption in pharmaceutical litigation was resolved following Wyeth v. Levine and Pliva v. Mensing, there are new twists and turns to navigate. The PREP Act provides a new avenues for preemption for drugs used to treat COVID, but its reach has not yet been tested in courts and those alleging injuries due to. Are there other openings Plaintiffs may attempt to exploit to challenge warning labels on pharmaceuticals? Will increased off-label promotions of pharmaceuticals to treat rare or novel diseases result in preemption for gaps in warnings or will there be openings to sue branded or generic manufacturers?
Speakers: Sharon L. Caffrey, Duane Morris LLP, Philadelphia, Pennsylvania USA; Andrew Kaplan, Crowell & Morning LLP, Washington, District of Columbia USA
Materials:
7:30 – 8:30 a.m.
Managing Adverse Foreign Judgments in Local Litigation
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, International, Product Liability
In recent years, plaintiffs’ counsel have sought to make creative use of lengthy foreign bench decisions, with extensive factual findings, in companion litigation in other jurisdictions. At the same time, they will resist use of foreign decisions favorable to the defendant. Inside and outside experienced in multijurisdictional tort litigation will discuss tools for managing the potential impact of an adverse foreign judgment in local litigation.
Speakers: Ben Aram, Kennedys Law LLP, London, England United Kingdom; Gord McKee, Blake, Cassels & Graydon LLP, Toronto, Ontario Canada; Robin Reinertson, Blake Cassels & Graydon LLP, Vancouver, British Columbia Canada
Materials:
7:30 – 8:30 a.m.
Tug of War: Biden's Energy and Environmental Agenda in the Land of a Trump Judiciary
Committee Co-Sponsors: Environmental and Energy Law, Toxic and Hazardous Substances Litigation, Transportation
As a new administration attempts to implement a broad-based energy and environmental initiative, they will be met with resistance from Republican appointed federal judiciary. At the same time, industry executives will be attempting to implement short/mid/long term planning. This program will analyze the major cases shaping this battle and how it will affect businesses in this arena and their decision-making going forward. From the Green New Deal to the XL Pipeline, and everything in between, policy proposals will be shaped by the important Federal Court decisions of 2021. Former Supreme Court law clerks/outside counsel for Fortune 500 companies will discuss how they interpret the caselaw and how it affects the strategies/spending that they will attempt to implement. In-house counsel will discuss how these decisions affect their own decision-making process for ongoing projects in the energy/environmental field.
Speakers: James Burnham, Jones Day, Washington, District of Columbia USA; Barbara Harding, Jones Day, Washington, District of Columbia USA; Shirlethia Franklin, Jones Day, Washington, District of Columbia USA; Daniel E. Krauth, Zimmer Kunz, PLLC, Pittsburgh, Pennsylvania USA
Materials:
8:45 – 10:15 a.m.
Opening Session
*no CLE credit
10:15 – 11:30 a.m.
Foundation Forum: Jerry Blackwell
*no CLE credit
Monday, February 21, 2022
7:30 – 8:30 a.m.
"No Concrete Harm, No Standing" - Considerations in Challenging Class Members' Article III Standing After TransUnion
Committee Co-Sponsors: Appellate Practice, Business Litigation, Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, Employment Law, Medical Defense and Health Law
In TransUnion LLC v. Ramirez, 594 U.S. ___, 141 S.Ct. 2190 (2021), a majority of the Court squarely held that each class member must have independent Article III standing in order to recover individual damages. The opinion left open, however, the “distinct question whether every class member must demonstrate standing before a court certifies a class.” And Justice Thomas, writing in dissent, noted that absent class members lacking Article III standing could nonetheless attempt to seek relief in more favorable state forums. This presentation will focus on the TransUnion decision and the considerations inherent in determining when and how to challenge putative class members' Article III standing.
Speakers: Timothy E. Congrove, Shook, Hardy & Bacon, L.L.P., Kansas City, Missouri USA; Sarah T. Eibling, Nelson Mullins Riley & Scarborough LLP, Columbia, South Carolina USA; Jeffrey A. Holmstrand, Grove, Holmstrand & Delk, PLLC, Wheeling, West Virginia USA; Heather M. Howard, King & Spaulding LLP, Atlanta, Georgia USA
Materials:
7:30 – 8:30 a.m.
Unusual Trademarks
Committee Sponsor: Intellectual Property
Trademarks can be much more than logos. Our panel will discuss various types of things that can be protected by trademarks or trade dress such as product configurations, (Sunbeam Mixmaster or Coke bottle), colors (UPS brown or Louboutin red soles), buildings (TransAmerica), scents (Chanel No. 5), sounds (NBC tone or Intel tone) or store decor. Our panel will address why trademark protection is important for products we see, hear, and smell in our everyday lives. The panel will also discuss enforcement actions and issues that can arise in those actions.
Speakers: Neville H. Boschert, Jones Walker LLP, Jackson, Mississippi USA; Paul W. Kruse, Spencer Fane LLP, Nashville, Tennessee USA; Jennifer So, American Honda Motor Co., Inc., Torrance, California USA
Materials:
7:30 – 8:30 a.m.
Insurance and Reinsurance Committee Business Meeting
*no CLE credit
8:45 – 10:15 a.m.
Blockchain and the Practice of Law: How Cryptocurrency Will Impact the Legal Profession and Our Clients
Committee Co-Sponsors: Construction Law and Litigation, Cyber Security, Data Privacy and Technology
The public’s interest in cryptocurrency and blockchain technology is skyrocketing. This technology is about much more than Bitcoin or digital money—it will soon transform the healthcare, insurance, entertainment, construction, medical, and legal industries. The impact on these industries and society broadly could be as revolutionary as the Internet. What is blockchain technology and why do we, as lawyers, need to understand it now? Blockchain is a digital ledger that tracks agreements and documents, and allows parties located on opposite sides of the world to instantly transfer funds and execute agreements without third-party authentication. Blockchain technology allows parties to create, verify, and audit “smart” contracts in real-time, instantaneously triggering payments as defined within these digital agreements. It allows instant verification of digital record and will affect corporate filings, intellectual property rights, land deeds, supply chains, medical records, public records, and will transform law firms and the practice of law. Smart contracts built using blockchain technology will allow parties to track materials and the supply chain, verify records, and see payments the moment they occur. Blockchain allows property or medical records to be maintained with complete accuracy and verified instantaneously. Enforcement of IP rights will be transformed, as blockchain will prevent copyright infringement and enforce mitigation by providing a time-stamped copy of the work. Our panel will review the basics of blockchain for novices and explain how blockchain is much more than a digital currency. We will look at how governments throughout the world are approaching the regulation of crypto, how clients will use blockchain in the coming years, and how smart contracts and blockchain technology may clash with existing laws.
Speakers: Nathan Cole, Kenney & Sams, P.C., Boston, Massachusetts USA; Karyl Fowler, Transmute Industries, Austin, Texas USA; Kristen Johns, Mechanical Licensing Collective, Nashville, Tennessee USA; Alexandra Simotta, SIX Payment Services (Europe) S.A., Vienna, Austria
Materials:
10:30 a.m. – 12:00 p.m.
The Law Firm of the Future – What Will “Return To Work” Look Like?
Committee Co-Sponsors: Construction Law and Litigation, Corporate Counsel, Cyber Security, Data Privacy and Technology, Diversity, Equity and Inclusion, Employment Law, In-House and Law Firm Management, Professional Liability
A forced remote work environment caused by COVID-19 revealed a host of issues which can arise when lawyers practice outside of a traditional office. COVID-19 brought a wave of new federal, state, and local coronavirus laws and regulations, which wreaked lasting, perhaps permanent, changes on the office landscape, as firms now face testing and vaccine mandate quandaries, return to work challenges, and decisions about allowing continued remote work. A panel of expert attorneys and in-house counsel will bring their diverse skill sets and backgrounds to a lively discussion examining the complex issues of morale, productivity, and professionalism that arise as we migrate back to the office as well as whether we will or ought to. The panel will also provide answers and suggested best practices for addressing the challenges raised by employees who will continue to telecommute, and whether that decision is driven by the firm, the employee, or client demand. Issues to be addressed also include protecting privileged communications, meeting professional obligations, avoiding malpractice, and the ethical implications of practicing in foreign jurisdictions. Finally, the panel will examine the disproportionate impact of these issues on employees from diverse populations and marginalized groups.
Speakers: Thomas M. Buckley, Goldberg Segalla LLP, Raleigh, North Carolina USA; Lorraine (Lori) Ocheltree, Duane Morris LLP, San Francisco, California USA; Regina A. Petty, Fisher & Phillips LLP, San Diego, California USA; Daniel M. Zureich, Lawyers Mutual Liability Insurance, Cary, North Carolina USA
Materials:
Tuesday, February 22, 2022
7:30 – 8:30 a.m.
How to Regain Control of a Witness Who Has Lost It
Committee Co-Sponsors: Appellate Practice, Business Litigation, Class Actions and Multi-Party Litigation, Intellectual Property, Product Liability, Trial Techniques and Tactics
Too often we prepare a witness for trial or deposition, only to see them begin to lose their way - or even fall apart - once in the witness chair. This program will use vignettes presented in a theatrical style, drawn from real life examples, to show the ways a witness loses it, and present strategies for helping the witness regain control and to cure stumbles without doing further damage.
Speakers: Mark Calzaretta, Magna Legal Services, New York, New York USA; Sharon Donaldson Stuart, Christian & Small LLP, Birmingham, Alabama USA; Sandra J. Wunderlich, Tucker Ellis, St. Louis, Missouri USA
Materials:
7:30 – 8:30 a.m.
Transportation Disasters: Managing Risks and Addressing Exposures to Clients When a Major Transportation Disaster Occurs
Committee Co-Sponsors: International, Insurance and Reinsurance, Transportation
Supply chain disruptions caused by transportation disasters can lead to claims by such diverse claimants as cargo owners, other ships prevented and delayed in reaching their destinations, subrogated insurers, government entities that remediated the situation and incurred lost revenue. Such disasters can occur in other modes of transportation as well, involving airplanes, trains, and even trucks involved in major crashes, leading to personal injury and death claims, and commercial claims. This program will include a panel discussion on anticipating the many potential exposures that may arise from a transportation disaster and how to address them including such issues as responding to government civil and criminal investigations; strategies and defenses against claims for damages brought by governments, private third-parties, subrogated insurers, and others; potentially liable parties; insurance coverage issues and employing crisis management measures to avoid reputational harm. A diverse panel of speakers from different industries will help our members to be better prepared to address and advise clients on any type of high-profile transportation disaster that occurs, whether it be international or domestic.
Speakers: Heather C. Devine, Alexander Holburn Beaudin + Lang LLP, Toronto, Ontario Canada; Andrew Johnson, Condon & Forsyth LLP, Los Angeles, California USA; David Kash, Koeller, Nebeker, Carlson, & Haluck, LLP, Phoenix, Arizona USA; Jessalyn H. Zeigler, Bass, Berry & Sims PLC, Nashville, Tennessee USA
Materials:
7:30 – 8:30 a.m.
Construction Law and Litigation Committee Business Meeting
*no CLE credit
8:45 – 10:15 a.m.
Are We Still the Good Guys?: A Discussion of How to Combat a Jury’s Desire to Award Punitive Damages
Committee Co-Sponsors: Drug, Device and Biotechnology, Product Liability, Trial Techniques and Tactics
Jurors' perception of the legal profession has evolved over the decades. Perry Mason wore the white hat and never lost a case. L.A. Law single handedly created the largest law school enrollment boom in the nations' history. However, the days of idealized practices and glowing perceptions may be long-gone. Modern day television contains an overwhelmingly negative depiction of the practice of law as well as corporate defendants, and recent world events have only strengthened and engrained jurors’ preconceived opinions, impacting the way jurors interpret evidence and deliberate. The differences of opinions are more pronounced and more problematic for defendants facing punitive damages claims. In fact, as the portrayal of attorneys and large corporations has continued to become more negative over time, punitive damages awards have been increasing. This presentation will first review the various factors affecting juror perceptions and then discuss the potential correlation with higher punitive damage awards as well as tips for how trial lawyers can effectively cater to the jury and minimize punitive damages.
Speakers: Stanley Ball, Eaton Corporation, Cleveland, Ohio USA; Aref Jabbour, Ph.D., IMS Consulting & Expert Services, Oakland, California USA; Kathryn S. Lehman, King & Spalding LLP, Atlanta, Georgia USA; Mark Silver, Schenck, Price, Smith & King LLP, Florham Park, New Jersey USA
Materials:
10:30 a.m. – 12:00 p.m.
Retaining Diverse Talent - Practical Approaches When $ Just Won't Cut It
Committee Sponsor: Diversity, Equity and Inclusion
Richard Branson is quoted as saying “Train people well enough so they can leave, treat them well enough so they don’t want to.” There is more lateral movement among the younger generation of lawyers than ever before. This program will discuss strategies for businesses and law firms to retain and develop this new generation of lawyers other than simply offering them more money such as addressing their debt load, developing an inclusive environment, mentoring with meaning, life lessons such as financial planning, wealth building, with important lessons about the reasons employees leave and how we can create an environment that makes them want to stay.
Speakers: Neftali Garro, BLP, San Jose, Costa Rica; Sylvia F. James, Winston & Strawn LLP, Washington, District of Columbia USA; Charlie Price, Eaton Corporation, Cleveland, Ohio USA; Robin Shah, Skadden, Arps, Slate, Meagher & Flom LLP, New York, New York USA
Materials:
Wednesday, February 23, 2022
7:30 – 8:30 a.m.
Insurance Coverage Against Cyberattacks: Emerging Products, Trends, Developments, and Strategies
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, In-House and Law Firm Management, Insurance and Reinsurance, Insurance Executives
Every business, government and individual who uses the internet is exposed to hackers who might steal their critical confidential information, and to cyberthieves who might hold all of their documents and information for ransom. The question is not if an internet user is exposed to risk, but rather, how good is the user's protection against these ubiquitous risks? Technological defenses are a critical, but incomplete, solution. All businesses, governments and individuals with internet access should investigate the potential insurance and other solutions that might provide some additional protection against these ever-present risks. This presentation will identify and describe emerging products, trends, developments and strategies regarding insurance and other protections against cyberattacks, highlighted by some recent stories of attacks, the damage they caused, and what we might learn from those events.
Speakers: Alex J. Brown, Shapiro Sher Guinot & Sandler, Baltimore, Maryland USA; Dan Burke, Woodruff Sawyer, San Francisco, California USA; Monique Ferraro, Hartford Steam Boiler Inspection and Insurance, Hartford, Connecticut USA
Materials:
7:30 – 8:30 a.m.
When the Attorney General Comes Knocking: Current Trends in State Attorneys General Civil Litigation
Committee Co-Sponsors: Appellate Practice, Business Litigation, Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, Employment Law, Environmental and Energy Law, Transportation
State Attorneys General have become increasingly aggressive in pursuing civil investigations and litigation across the United States. Whether acting individually in their own states or in cooperation with their counterparts from other states in multistate investigations and litigation, Attorneys General are regulating business practices through civil investigation and litigation like never before. Hear from seasoned practitioners on how best to meet the unique challenges presented when opposing counsel is the Attorney General.
Speakers: Amy Sherry Fischer, Foliart, Huff, Ottaway & Bottom, Oklahoma City, Oklahoma USA; John S. Guttmann, Beveridge & Diamond, Washington, District of Columbia USA; M. Patrick McDowell, Brunini, Grantham, Grower & Hewes, PLLC, Franklin, Tennessee USA
Materials:
8:45 – 10:15 a.m.
Timeout: Tracing the History of College Athletes’ Fight for Compensation in the United States
Committee Sponsor: Intellectual Property
In June 2021, the Supreme Court issued a landmark decision in college sports, NCAA v. Alston. In a 9-0 unanimous decision, the Court agreed with student athletes that the NCAA violated antitrust laws. This decision marked a major shift in the relationship between universities and student athletes who play for them. It was also the first decision to side with student athletes who had previously challenged restrictions on compensation under other theories, including violating their rights of publicity and false endorsement. Still other student athletes made a failed attempt to unionize and collectively bargain. This panel will trace the evolution of student athlete litigation in America, providing a backdrop for the historic 2021 decision. Our panel includes one of the counsel of record who represented an athletic conference before the Supreme Court in Alston; one who asserted right of publicity/false endorsement claims on behalf of a class of student athletes in Marshall v. ESPN; and one who both played college sports and coached before becoming an attorney, where she represents student athletes in similar cases. The panel will also give predictions about changes to expect in the year following Alston, including rule changes at the NCAA, state legislatures expanding their right of publicity to attract college athletes, and the rise of a cottage industry focused on managing student athletes’ new-found right to exploit their name, image and likeness.
Speakers: Erik Albright, Fox Rothschild LLP, Greensboro, North Carolina USA; Amy Stewart, Stewart Law Group, Dallas, Texas USA; Stephen J. Zralek, Bone McAllester Norton PLLC, Nashville, Tennessee USA
Materials:
10:30 a.m. – 12:00 p.m.
Preventing Nuclear Verdicts – Science and Strategy
Committee Sponsor: Transportation
The nuclear verdict remains one of the hottest discussions in civil litigation for both the plaintiff and defense bars. There are several factors contributing to these astronomical verdicts, including: 1) juror psychosocial factors; 2) growing litigation funding for plaintiff attorneys; 3) slow development of young defense attorneys; 4) political influences; 5) growth of “Reptile” tactics; 6) distrust of corporations; 7) generational factors; and 8) deposition performance. This program will outline the influence of these factors on nuclear verdicts, with a strong emphasis on deposition performance, and provide practical solutions for avoiding nuclear fallout for defendants. In addition to the other factors, the program will focus on the impact (particularly, the economic impact) of deposition performance on case outcomes. Strong, effective depositions decrease a client’s financial exposure and costs, while weak, ineffective depositions result in higher payouts on claims during settlement negotiations (i.e., a nuclear settlement). To prevent fatigue-based witness errors at deposition, defense attorneys have preached for decades “I make my witness take a break every hour during deposition.” The goal of this presentation is to illustrate to IADC members that the “take a break every hour” philosophy long held by most attorneys is a gross strategic and neuropsychological mistake that leaves the witness highly vulnerable to cognitive fatigue, which risks devastating outcomes. In this presentation, Dr. Bill Kanasky, Senior Vice President of Litigation Psychology at Courtroom Sciences, Inc. and John Nunnally, Partner at Ragsdale Liggett PLLC, will explain the science behind cognitive fatigue, the factors that exacerbate cognitive fatigue, and how to prevent cognitive fatigue from resulting in poor testimony that unnecessarily harms the defense’s case, both strategically and economically.
Speakers: William Kanasky, Ph.D., Courtroom Sciences, Irving, Texas USA; John Nunnally, Ragsdale Liggett, Raleigh, North Carolina USA
Materials: