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Day One: Sunday, July 18, 2010

2:00 - 2:45

Alex Dimitrief
Alex Dimitrief
Vice President and Senior Counsel for Litigation and Legal Policy
General Electric

Maximizing The Outside Counsel Partnership Through Strategic Benchmarking And Transparent Case Management

The days of simply entrusting outside counsel to handle the full spectrum of litigation work are over. By no means are law firms irrelevant, but as corporate counsel aim to align litigation with the business’ overall objectives and cost concerns, their success hinges on establishing benchmarks for managing outside counsel. Whether implementing a transparent division of labor between inside and outside counsel, utilizing localized firms to achieve very specific strategic objectives or holding external teams accountable for achievements at specific case junctures, your success in managing litigation requires you to assure outside counsel work with you—not in lieu of you—in tying litigation success to the aims of the business. Learn how to maximize the value of this crucial partnership:

  • Develop a benchmarking road map, identifying the KPIs—and fee structure—for each pivotal moment in the case life cycle.
  • Set clear expectations for a transparent reporting structure between in-house and outside counsel.
  • Implement an alternative fee platform that rewards alignment with your corporate culture, assuring there is no monetary incentive to extend the length of a case
  • Rethink division—better utilize your in-house counsel, as well as outsourced legal workers, in handling litigation matters to assure outside firms are used only when strategically justifiable.
2:45 - 3:30

John Mellen
John Mellen
Associate General Counsel – Litigation and Regulatory
Ford Motor Company

Practice Strategy Session 1A: Readying Your Litigation Team to Overcome the International Challenge

Your litigation team might be prepared for the basics of value-driven litigation management in the United States, but if you do not ready your team of inside and outside counsel to address the challenges of the international sphere, your management efforts could prove moot. From evaluating international fee structures to gaining a more strategic understanding of regulatory impacts to mapping out the international trial and arbitration process, your organization is not situated for defensible performance until you address the international challenge. Prepare your litigation management effort for success in the global market:

  • Evaluate international opportunities within the context of regulatory bodies to prepare for potential litigation and more precisely advise on expansion.
  • Develop an international approach to outside counsel management that draws on foreign exposure without minimizing the business partner relationship.
  • Assessing varying regulations for discovery and the settlement process to promote the greatest level of leverage in addressing litigation challenges.
2:45 - 3:30

Michael Born
Michael Born
VP, Claims
AXIS Insurance

Practice Strategy Session 1B: Bad-Faith Imposition: Addressing Insurance Changes Takes More Than Scruples

As federal and state administrators resume their simultaneous focus on expanding benefits and holding insurance providers increasingly accountable, those servicing the employment contingent become greatly susceptible to an excess of bad-faith claims. Whether an insurer responsible for managing policyholder expectations or an employer tasked with implementing a policy of minimum conflict, prepare to proactively address potential bad-faith claims, especially given the broadening definition found in an anti-big insurance climate, to focus money, time and effort on providing quality service rather than costly litigation.

  • Know your role—understand how your organization is vulnerable and identify conflicts before the plaintiffs do.
  • Go beyond scruples in responding to potential bad-faith from a litigation management perspective rather than from a morality and quality-of-service perspective.
  • Strategize with expectations—implement a process for directing policy and policy expectations at those least likely to pursue litigation.
5:15 - 6:00

Sean Georges
Sean Georges
Vice President, Human Resources and In-House Counsel
Shoe Carnival

Practice Strategy Session 2A: Defending The Workplace Under Increased Employment Law Scrutiny

As your organization deals with the workplace fallout of the economic downturn and the Washington-driven focus on employee benefits and wellness, you represent your corporation’s chief barrier against a surplus of employment claims. As you navigate the realms of employee discrimination, wrongful termination, compensation claims, benefits disputes and employer-employee conflicts, all while in a litigious, pro-employee environment, you must develop a comprehensive game plan for mitigating crisis. From proactive legal guidance to alternative dispute resolution to effective trial performance, prepare to keep litigation outside the corporate walls:

  • Re-tool practices and procedures to preempt impending legislation and arm the organization against future employee disputes.
  • Manage employment law from the ground floor, proactively responding not simply to legislation but to the actual compensation and labor relations issues facing your workforce.
  • Partner with management to assure strategic workforce decisions are made with proper attention to legal ramifications.
  • Steer outside counsel and in-house litigators towards effective alternative dispute resolution, assuring employment cases meet their ends prior to the courtroom.
5:15 - 6:00

Practice Strategy Session 2B: Litigating Through Transactions: Turning Regulatory Mountains Into Mole Hills

Ongoing increases in regulatory scrutiny and the general level of complexity of international combinations have exacerbated the challenge of successfully guiding your corporation through expansionary transactions. But for all those difficulties, the opportunity for rapid growth and success domestically and internationally remains far too enticing to pass up. Strengthen your ability to preemptively address transactional litigation issues, creating a line of offense against regulatory hurdles as you grow the business:

  • Incorporating the costs and challenges of litigation when determining how to proceed with expansionary strategy.
  • Navigate mergers and acquisitions from the offensive, capitalizing on opportunities within the regulatory and competitive system.
  • Target your case to the environment, arming in-house and outside counsel to litigate with perspective to the nature of the transaction and its objections from regulators and competitors.
6:00 - 6:45

Tim Harrington
Tim Harrington
Deputy General Counsel-Litigation, Bell Helicopter General
Counsel, Lycoming Engines
Textron

Evan Dann
Associate General Counsel-Litigation
EnCana

Expert Panel: Achieving Unparalleled Efficiency As A Litigation Cost Cutter

It is not enough for a legal department—or its chief litigation officer—to simply decide that cost control is a priority. As many components of litigation management are directly dialed into the very survival of the greater corporation, a strategic method of trimming litigation expenditures is paramount. But how do you gauge the link between cost-consciousness and greater businesses consequences? Interact with our expert panel in exploring the fact and fiction of cutting costs within your litigation department:

  • Direct the entirety of the legal department staff to support the litigation effort by adopting a more versatile position on the team.
  • Quickly address the litigation backlog, assuring that readiness to efficiently address forthcoming cases is not hindered by the past.
  • Incorporate technology wisely, utilizing solutions only when they represent a clear administrative advantage over traditional or outsourced means.
  • Make litigation count—every bit of discovery, witness testimony, resolution attempt and
trial statement must dial into the concerns and strategies of the business.