2024 Midyear Meeting CLE Materials

Below you will find the CLE schedule with materials for the 2024 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 Meetings and Professional Development, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.

Monday, February 19, 2024

The Use (and Mis-Use) of Experts in Insurance Litigation: A Practical Guide
Committee Co-Sponsors: Insurance and Reinsurance, Insurance Executives
When do you need an expert in insurance litigation? What can an insurance expert say without running afoul of the court’s duty to decide legal issues? This panel of experienced insurance attorneys and a seasoned expert will answer these questions and more, while also providing a few stories of what has worked and what has not in a broad variety of cases. For anyone who works with insurance experts, this program is not to be missed.

Speakers: John T. Harding, McAngus Goudelock & Courie, Boston, Massachusetts USA; Stephen D. Johnson, Expert & Arbitration Services, Atlanta, Georgia USA


7:30 a.m. – 8:30 a.m.
A Crash Course in Consumer Products Regulation Under the US Consumer Product Safety Commission
Committee Co-Sponsors: Business Litigation, Product Liability, Toxic and Hazardous Substances Litigation
Do you manufacture, import, distribute, or sell any product that is used in the home, school, or office? Then Consumer Product Safety Commission (CPSC) regulations likely apply to you. The CPSC is an independent regulatory agency charged with, inter alia, protecting the public against unreasonable risks of injury associated with consumer products; developing uniform safety standards for consumer products; and investigating the causes and prevention of product-related deaths, illnesses, and injuries. Learn about the many Acts the CPSC enforces and the regulatory focus of the current Commission.

Speakers: Dana Baiocco, Morgan Lewis & Bockius LLP, Philadelphia, Pennsylvania USA; Dwight W. Stone, II, Miles & Stockbridge P.C., Baltimore, Maryland USA


7:30 a.m. – 8:30 a.m.
A Litigator’s Guide to the New and Improved Rule 702
Committee Sponsor: Toxic and Hazardous Substances Litigation                        
In December 2023, the defense bar secured a major victory with an amendment to Federal Rule of Evidence 702, an amendment triggered by the Advisory Committee’s determination that many courts had been failing to properly apply the rule to exclude unreliable expert testimony. Our panel will provide practice tips on how to most effectively employ the new rule, citing not only on the new language but on the Advisory Committee note and extensive commentary by the Committee criticizing some of the plaintiff bar’s favorite Daubert opinions. We also will discuss the status of multiple efforts to export the new federal rule to the States and how you can help. And we will provide the in-house counsel perspective on the importance of the amended rule to companies whose business depends on the proper understanding and application of sound science.

Speakers: Robyn Buck, Bayer, Saint Louis, Missouri USA; Eric Lasker, Hollingsworth LLP, Washington, District of Columbia USA; James K. Ordeneaux, Plauché Maselli Parkerson LLP, New Orleans, Louisiana USA


7:30 a.m. – 8:30 a.m.
The Heat is On! How is the EU Regulation Wave Going to Shape Litigation Within and Outside Europe?
Committee Co-Sponsors: Environmental and Energy Law, International                       
The panelists will compare climate change related litigation in Europe, the US, and other countries which is on the rise and also shaping different stakeholder expectations towards regulators. Governments, environmental activists, and also individuals seek to hold businesses (including oil and gas companies) liable for alleged contributions to and damages caused by the climate crisis. The panel will also discuss how green/white/blue washing allegations and accusation risks are changing the landscape. Presenters from IADC’s International Committee and Environmental and Energy Law Committee will discuss the developments in climate change litigation, the basis of the claims, the defenses asserted, and future trends expected.

Speakers: Mark Clark, Parsons McEntire McCleary & Clark, PLLC, Houston, Texas USA; Sylvie Gallage-Alwis, Signature Litigation AARPI, Paris, France


Tuesday, February 20, 2024

7:30 a.m. – 8:30 a.m.
Environmental Justice 101 for Lawyers: U.S. and International Impacts and Strategies for the Growing Global Movement
Committee Co-Sponsors: Environmental and Energy Law, Toxic and Hazardous Substances Litigation
This diverse panel of U.S. and international private and corporate counsel will examine how the concept of “Environmental Justice” is impacting businesses and communities throughout the world. In the U.S., Environmental Justice (EJ) is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EJ now permeates every aspect of environmental law in the United States and is a growing trend internationally. We will provide a background of EJ, including how manufacturing facilities, landfills, and other industrial establishments have historically been located near lower income or non-white communities. Panelists will explore how the Biden administration is working to address these disparities through many EJ programs. We will then provide strategies to navigate EJ issues in ways that meet the goals of the government (states and federal) and affected communities while allowing our clients and businesses to continue to operate.

Speakers: Joel D. Eagle, Thompson Hine LLP, Cleveland, Ohio USA; Sylvie Gallage-Alwis, Signature Litigation AARPI, Paris, France; Michael Marsh, Akerman LLP, Fort Lauderdale, Florida USA; Marquettes “Marqui” D. Robinson, Eaton, Cleveland, Ohio USA


7:30 a.m. – 8:30 a.m.
Insurance Coverage Against Cyberattacks: An Update on Emerging Trends, Developments, and Strategies
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, Insurance and Reinsurance
This presentation will identify and describe emerging products, trends, developments, and strategies to mitigate against the risk of theft of confidential information, including cyberattacks and ransomware. Technological defenses against these risks are a critical but incomplete solution. This program will review recent attacks, the damage they caused, and lessons learned – and how the right insurance products can be part of an effective mitigation strategy when individuals, companies, law firms, and clients are breached.

Speakers: David B. Anderson, Woodruff Sawyer, New York, New York USA; Alex J. Brown, Shapiro Sher Guinot & Sandler, Baltimore, Maryland USA; Monique Ferraro, The Hartford Steam Boiler Inspection and Insurance, Hartford, Connecticut USA


7:30 a.m. – 8:30 a.m.
Practice Before the International Trade Commission
Committee Co-Sponsors: Intellectual Property, International
The International Trade Commission (ITC) is an administrative agency designed to protect United States domestic industries from the importation of counterfeit or infringing products into the U.S. It has sweeping power to block any company from importing products if it finds importation, sale for importation, or sale after importation of those products is an “unfair trade act.” The program will focus on practice before the ITC and the importance of trial lawyer skills in such practice. This will be of interest to both U.S. and non-U.S. lawyers, hence it will have an international appeal. Part of the international appeal stems from the ability of non-U.S. companies to bring an action in the ITC. A number of recent ITC investigations have been filed by one foreign company seeking to prevent another foreign company from importing its products into the U.S. We will give a background of ITC litigation and explore how and why an agency set up to protect U.S. industries can be used by both U.S. and foreign companies as an alternative to traditional litigation and will discuss the importance of the skills of experienced trial lawyers in ITC actions.

Speakers: Song Jung, Bryan Cave Leighton Paisner, Washington, District of Columbia USA; Gwendolyn Tawresey, Troutman Pepper Hamilton Sanders LLP, Boston, Massachusetts USA


8:45 a.m. – 10:15 a.m.
A Picture is Worth a Thousand Words: Using Visuals at Trials and International Arbitrations
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, Environmental and Energy Law, International Arbitration, Trial Techniques and Tactics

A critical component of expert witness testimony is succinctly establishing the basis for the expert’s opinions in a manner that is easily understood. This is particularly important for scientific expert witnesses where jurors or the tribunal may be unfamiliar with the subject matter. Visualizations are one of the best means for experts to convey principles, methods, and data. Images can make testing come to life, schematics can lay out concepts, and plots can relay data more convincingly than verbal descriptions. Additionally, numerous methods of scientific imaging are becoming more accessible and understandable. Examples range from micro-CT scanning at sub-millimeter resolution to electrical methods such as lock-in thermography. Computational methods can also be used to illustrate events through animations. Having familiarity with the range of scientific measurement and imaging techniques, including their strengths and limitations, is important during expert discovery and aids in accurate and engaging expert testimony. In addition, having in mind the visualizations desired for trial or arbitration during the time the expert report is prepared is important to ensure that the disclosure requirements are met. Methods of portraying and relating to data, along with discussion of budget and timing associated with relevant imaging techniques, will be presented during the panel. Furthermore, the recent Rule 702 amendments increase the importance of being able to thoroughly explain an expert’s principles and methods. Visualizations can again be critical to explain an expert’s work, demonstrate that the expert’s knowledge will assist the jury, and that scientific principles and methods were reliably applied.

Speakers: Paul Briant, Exponent, Menlo Park, California USA; James M. Haase, Immersion Legal, New York, New York USA; Mark R. Nash, Nelson Mullins Riley & Scarborough LLP, Atlanta, Georgia USA; Michelle I. Schaffer, Campbell Conroy & O'Neil, P.C., Boston, Massachusetts USA


8:45 a.m. – 10:15 a.m.
Predicting the “Unpredictable”: The Power of Litigation Analytics
Committee Co-Sponsors: Corporate Counsel, In-House and Law Firm Management
Litigation is chaos—it’s crammed with uncertainties, hazards, and surprises. As lawyers, we’re constantly trying to predict the future. Whose witnesses will be more believable? What damages will be awarded if we lose? How long will the case last? What will it cost? What are the chances this judge will grant summary judgment? When properly analyzed, the right data can arm lawyers with the information and insights they need to answer these and many other important questions. Like it or not, we are forecasters (and statisticians and mathematicians). It may not be what we went to law school for, but it’s what is called for by our jobs. Our forecasts drive our decision making. Better forecasts mean better judgments and better decisions, which, in turn, drive superior results. Lawyers who embrace this principle have an unmistakable advantage over those who don’t. Here’s the problem: in this era of Big Data, where most businesses have grown more reliant on data and metrics, the legal profession has lagged behind. When it comes to litigation, the traditional definition of “expertise” has nothing to do with analytics or forecasting. Rather, we regard attorneys as “experts” when they are conversant with every case, statue, or regulation that could apply to a particular situation. But there are dozens of other opportunities for in-house and outside lawyers to use data to create powerful, defensible, and winning insights concerning litigation and resolution strategies.

Speakers: Jennifer Green, DeHay & Elliston L.L.P., Dallas, Texas USA; Jonathan Judge, ArentFox Schiff LLP, Chicago, Illinois USA; Charles Price, Eaton, Cleveland, Ohio USA; Roy Strom, Bloomberg Law, Chicago, Illinois USA


10:30 a.m. – 12:00 p.m.
Reimagining Rainmaking: How Alternative Origination Credit Can Address Inequity and Enhance Retention
Committee Co-Sponsors: Construction Law and Litigation, Diversity, Equity, Inclusion and Belonging, In-House and Law Firm Management
Business development and growing your book are considered essential parts of being a lawyer. Firm “rainmakers” are rewarded handsomely and the incentive to network and develop business is baked into traditional firm compensation models. Indeed, organizations like the IADC are built on developing lifelong friendships—and the business development opportunities that result for its members. But does the emphasis on origination credit and the way in which it has been traditionally allocated contribute to the lack of gender and racial diversity in the legal profession? If the rainmakers of tomorrow are selected by the rainmakers of today, what can firms, mentors, and outside counsel do to address what many find to be an inherently inequitable model when it comes to origination credit? And do firms drive away talent by emphasizing business origination as the most important metric when evaluating attorneys? The panel will explore how origination credit models impact diversity in the business of law and how alternatives to the traditional origination model can help build more diverse, collaborative, and effective teams better suited to service clients, increase profits, and lead the next generation of lawyers.

Speakers: Stanley Ball, Intel Corporation, Santa Clara, California USA; Mollie Benedict, Tucker Ellis LLP, Los Angeles, California USA; J. Nathan Cole, Kenney & Sams, P.C., Boston, Massachusetts USA; Kaytie Pickett, Jones Walker LLP, Jackson, Mississippi USA


Wednesday, February 21, 2024

7:30 a.m. – 8:30 a.m.
Current Ethics Challenges and Best Practices Featuring Law Firm Managing Partners and General Counsel
Committee Sponsors: In-House and Law Firm Management, Professional Liability
Join esteemed law firm general counsel in an interactive ethics presentation where they will discuss current challenges facing law firms and recommendations for best practices for avoiding client disputes and claims. Hot topics range from data breaches to lateral hiring conflicts to client intake issues, and this presentation will present practical solutions to help you maintain your ethical responsibilities to your clients and your firm.

Speakers: Evans L. King, Jr., Steptoe & Johnson PLLC, Bridgeport, West Virginia USA; Matthew C. Pietsch, Taylor, Pigue, Marchetti & Blair, PLLC, Nashville, Tennessee USA; Michael J. Rossi, Conn Kavanaugh Rosenthal Peisch & Ford, LLP, Boston, Massachusetts USA; J. Calhoun Watson, Robinson Gray Stepp & Laffitte, LLC, Columbia, South Carolina USA


7:30 a.m. – 8:30 a.m.
How Judges Are Appointed Around the World
Committee Sponsor: International
The core of our work as defense counsel is our ability to persuade decision-makers that our client's position is just and correct. Who those decision makers are and how they got to the bench can be critical to the ultimate success of your client's case. Knowing how judges are appointed in different jurisdictions could give you and your client an inside track when it comes to defending international litigation. This panel will discuss how judges reach the bench in Europe, Asia, Australia, and Canada and how that may impact the way you and your client choose to defend an international action.

Speakers: Tony Kang, Bae, Kim & Lee LLC, Seoul, Korea; Cecilia Lahaye, Bird & Bird LLP, Brussels, Belgium; Colin Loveday, Clayton Utz, Sydney, Australia; James Sullivan, Blake, Cassels & Graydon LLP, Vancouver, British Columbia Canada


7:30 a.m. – 8:30 a.m.
Lessons Learned From Recent Mass Toxic Tort Litigation and What’s Next
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Environmental and Energy Law, Product Liability, Toxic and Hazardous Substances Litigation, Trial Techniques and Tactics
Panelists who have handled mass toxic tort litigation involving Roundup, Agent Orange, and talc will discuss their experiences and provide insights into the arc and evolution of these mass tort actions. The panel will compare and contrast the litigation involving these substances and provide guidance for how practitioners and our clients can prepare for the next big toxic torts on the horizon.

Speakers: Robyn Buck, Bayer, Saint Louis, Missouri USA; Michael Fox, Duane Morris LLP, San Francisco, California USA; Paul Majkowski, Rivkin Radler LLP, Uniondale, New York USA; James Shepherd, Shook, Hardy & Bacon LLP, Houston, Texas USA


8:45 a.m. – 10:15 a.m.
Going Through “The Five Stages of Grief” to Get to Settlement: Negotiation Scenarios and Strategies for Moving From Denial to Deal
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Construction Law and Litigation, Employment Law, Product Liability, Toxic and Hazardous Substances Litigation
Finding a resolution to a dispute is not simply solving a math problem. Identifying and understanding the emotional and psychological perspectives and personalities of our clients and of the opposing side can be the key to achieving a favorable resolution, just as the failure to do so can be fatal to it. Through a series of vignettes taking place during a mediation, like a play with different scenes, this program will address the inflection points involved in the process and how the "stages of grief" play a role in the psychological and emotional perspectives of the parties. Based on principles discussed in Six Thinking Hats (Edward De Bono) and The Science of Settlement Ideas for Negotiators (Barry Goldman, MA, JD), and the lessons learned by our speakers, each vignette will spotlight a common aspect or sticking point of the mediation: opportunities in opening statements; packaging adversarial positions without alienating opponents; and embracing and managing our clients’ reactivity to unreasonable demands without veering from the path toward an acceptable zone of agreement, among others.

Speakers: Lindsay Lundholm, Baird Holm LLP, Omaha, Nebraska USA; Charles Price, Eaton, Cleveland, Ohio USA; Dixie T. Wells, Ellis & Winters LLP, Greensboro, North Carolina USA; Jeff Young, Hitachi ABB Power Grids, Raleigh, North Carolina USA


8:45 a.m. – 10:15 a.m.
Harnessing (or Wielding) the Power of Artificial Intelligence to Gain a Tactical Advantage
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, In-House and Law Firm Management
By now, we have all heard the stories – both good and bad – regarding the impact of artificial intelligence on our profession. Indeed, this past year, artificial intelligence was touted as having taken and passed the Uniform Bar Exam, passing both the multiple choice and written portions while scoring in the 90th percentile. As a result of this “watershed moment” and others like it, the legal industry has been identified as one of the most susceptible to change as a result of artificial intelligence – and will undoubtedly disrupt the status quo. So it is now time to look to the future and get ahead of the curve, identify the advantages of new technology, and capitalize on the value these tools offer to gain a competitive edge in the industry. This panel will discuss what tools are available now, how we can best utilize this technology, and how we can prepare for the continued evolution of artificial intelligence and its increasing integration into the legal profession. This program will focus on the positives of artificial intelligence, how it can be used to revolutionize our profession, and what counsel should consider in the weeks, months, and years to come.

Speakers: Stephanie Hengel, Thomson Reuters, Miami, Florida USA; Jason Lichter, Troutman Pepper Hamilton Sanders LLP, New York, New York USA; William Linero, Jr., Butler Weihmuller Katz Craig LLP, Tampa, Florida USA; Marc E. Williams, Nelson Mullins Riley & Scarborough, LLP, Huntington, West Virginia USA


10:30 a.m. – 12:00 p.m. 
The Importance of "Well-Being" Programs: What Are They? Why You Need One? And How Do I Build One That Works For My Business?
Committee Co-Sponsors: Corporate Counsel, In-House and Law Firm Management
Not a day goes by without a reminder of the critical importance of our employees' well-being – and need to implement policies and practices to address this need. Likewise, nearly every day, we hear yet another story about a court, corporation, or law firm that has decided to explore, analyze, and/or build a "wellness program" for their constituents and employees. But what does all of this really mean? Why is it important to consider these issues and implement such programs? And how does one go about building a viable and meaningful "wellness program" should you decide to do so. This panel will address each of these questions and provide guidance as to the types of programs that are available, the typical elements included in such plans, what makes such plans effective and why are they so valuable to your business as well as the practical steps to consider when developing a custom wellness plan targeted to meet your goals and objectives.

Speakers: Diane Averell, Porzio, Bromberg & Newman, P.C., Morristown, New Jersey USA; Jarrett Green, NKB Consultancy, Topanga, California USA; Niki Schaefer, Reliability First, Cleveland, Ohio USA


Thursday, February 22, 2024

7:30 a.m. – 8:30 a.m.
Celebrity Trials: Trial Techniques and Tactics
Committee Sponsor: Trial Techniques and Tactics
Celebrity trials such as Johnny Depp v. Amber Heard and State of South Carolina v. Alexander Murdaugh caught the attention of the world as the trials played out on numerous media platforms. The widespread availability of video of key moments in these trials offer the unique opportunity to trial attorneys everywhere to learn from these trials and utilize these lessons learned. A panel of experienced trial lawyers will present and discuss video clips from these trials and engage the audience in a lively discussion of what can be learned and the “take away” from these celebrity trials.

Speakers: Walter H. Boone, Balch & Bingham LLP, Jackson, Mississippi USA; Stephen Coxhead, Fowler White Burnett, P.A., Miami, Florida USA; Kimberly K. Hardeman, Lederer Weston Craig PLC, Cedar Rapids, Iowa USA; Carol P. Michel, Weinberg Wheeler Hudgins Gunn & Dial, LLC, Atlanta, Georgia USA


7:30 a.m. – 8:30 a.m.
Forever Chemicals - The Latest in an Ever Changing Landscape
Committee Co-Sponsors: Product Liability, Toxic and Hazardous Substances Litigation
This panel of lawyers and academics will offer an introduction to “forever chemicals” – PFAS – and help you understand how they could impact your practice. The panelists will report on the latest science surrounding PFAS and discuss the ever changing regulatory landscape. They will also provide an update on the current state of PFAS litigation and offer insight into some of the legal risks for manufacturers using PFAS, companies distributing or selling products containing PFAS, and entities addressing PFAS contamination.

Speakers: Craig Liljestrand, Hinshaw & Culbertson LLC, Chicago, Illinois USA; Loren Lipworth, Sc.D., Vanderbilt University Medical Center, Nashville, Tennessee USA; James Turner, Steptoe & Johnson PLLC, Huntington, West Virginia USA; Whitney Frazier Watt, Stites & Harbison PLLC, Louisville, Kentucky USA


7:30 a.m. – 8:30 a.m.
Privacy Protection and Cyber Threats – New Proposals and Strategies to Reduce Risk and Lower E-Discovery Costs
Committee Sponsor: Cyber Security, Data Privacy and Technology
Discovery in civil litigation regularly involves privacy considerations and data security risks. Yet, the word “privacy” appears only once in the FRCP, and it was placed there long before the advent of the modern communication tools that complicate discovery and create litigation privacy risks. By default, the weight of privacy concerns in discovery now falls on defendants, who must sort out the complications or ask judges for ad-hoc protective orders. The absence of integrated rules guidance on privacy and security issues is causing courts to address difficult issues only after they arise, as opposed to proactively at the outset of litigation. To address this absence of guidance, Lawyers for Civil Justice (LCJ) proposes creating a rules structure for courts and parties to consider privacy and cyber security concerns in e-discovery. This panel will look at how these rule proposals address the complicated landscape of privacy regulations and will consider steps to take now to lower litigation data risks and the cost of e-discovery.

Speakers: Matthew J. Hamilton, Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvania USA; Spencer H. Silverglate, Clarke Silverglate, P.A., Miami, Florida USA; Daniel K. Steen, Lawyers for Civil Justice, Arlington, Virginia USA


8:45 a.m. – 10:15 a.m.
Ethics and the Indiscriminate Liar: “Oh What Tangled Webs We Weave…” aka "Ethics in the Low Country?"
Committee Co-Sponsors: In-House and Law Firm Management, Product Liability
Cautionary tales from the Alex Murdaugh saga
 -- This program will review the many crimes for which Alex Murdaugh has been charged and convicted, and the signs that should have alerted those around him that all was not right in the Low Country. We will provide a critical review and assessment of the countless ethical violations uncovered as a result of the Alex Murdaugh criminal charges, and ways those crimes potentially could have been detected and/or prevented by his partners, opposing counsel, and the courts. This case presents a tragic tale and dire warning of all that can go wrong when an attorney fails to heed his or her ethical obligations and those around ignore warning signs, as told through the testimony and other evidence gleaned from the Alex Murdaugh saga. Presenter John T. Lay is one of the receivers appointed to oversee Murdaugh’s assets to prevent further wasting and will provide insight into the financial aspects of the ethical violations.

Speakers: Carmen H. Bannon, North Carolina State Bar, Raleigh, North Carolina USA; Sharon L. Caffrey, Duane Morris LLP, Philadelphia, Pennsylvania USA; John T. Lay, Jr., Gallivan, White & Boyd, P.A., Columbia, South Carolina USA


8:45 a.m. – 10:15 a.m.
Internal Investigations Through a Litigator's Eye: Best Practices to Reduce Risk at the Global, National, and Local Level
Committee Co-Sponsors: Corporate Compliance and Government Enforcement Actions, Corporate Counsel, In-House and Law Firm Management
Internal investigations are a necessary and important tool for organizations. Done right, they can help identify and remedy conduct that could result in liability or reputational harm. But investigations that are poorly conducted can cause more problems than they solve. This panel will explore best practices in conducting internal investigations to reduce risk, preserve privilege, and prepare for potential litigation. Hear from experienced practitioners who will offer insight on important considerations for any internal investigation including: the development of an internal investigation framework; when to involve outside counsel; preservation of privilege; multi-jurisdictional investigation considerations and the strategic use of investigations to identify key witnesses and inform defense strategy – for purposes of investigation, but also for any future litigation. The panel will also address the impact of remote work on internal investigations and the use of technology and data analytics to help identify, track, and reduce corporate risk at the local, national, and global level.

Speakers: Nicole M. Brunson, Arrival, Charlotte, North Carolina USA; Monique Gougisha Doucette, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., New Orleans, Louisiana USA; Paul V. Kelly, Jackson Lewis P.C., Boston, Massachusetts USA; Tara Ward, McDermott Will & Emery, Washington, District of Columbia USA


10:30 a.m. – 12:00 p.m.
The Psychology of Today's Juries: What Makes Them Tick? Are They Really Your Peers?
Committee Co-Sponsors: Corporate Counsel, Trial Techniques and Tactics

Everyone has a story. The inexplicable "nuclear" verdict in a matter reliant upon junk science. The unexpected "no-cause" in the case you would have settled before the close of fact discovery. The jury panel from Mars that simply does not or, perhaps worse, cannot relate to or understand the case before it. Each of these scenarios raises a multitude of questions: How has our jury pool changed? What does a "jury of your peers" really mean to the parties who are forced to entrust the system? What makes them act in a particular way? And most importantly, what do we need to know before our next jury trial to identify the right jurors (and perhaps more importantly, eliminate the bad), capture their attention, and drive home our message? This panel will offer lessons learned from leading trial consultants, trial lawyers, and corporate counsel who share their thoughts and analysis of critical societal changes, data trends, and psychological factors that will help us better understand today's jury pools, how they learn and digest key evidence, and what makes them act in a certain way – all of which increases the odds of securing a "jury of your client's peers," enhances your ability to prepare and present evidence/witnesses more effectively, and hammer home your trial themes and messaging in a manner that sticks.

Speakers: Zandra E. Foley, Thompson, Coe, Cousins & Iron, LLP, Houston, Texas USA; Keith C. Pounds, PhD, IMS Consulting & Expert Services, Chicago, Illinois USA; Robert Sands, Trane Technologies, Davidson, North Carolina USA