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coMMercial
litigation INSTITUTE
PhilaDelPhia | weD., march 18, 2015
simulcast | weD., march 18, 2015
greensburg, Mechanicsburg, new Castle
Pittsburgh, Plymouth Meeting, West Chester
9:00 am to 4:40 pm; check-in begins at 8:30 am
— LUnch is incLUDeD —
█
8 JUDGES TO SPEAK
█
18 TOPICS TO CHOOSE FROM
█ UP TO 2 ETHICS CREDITS
one session each hour will be simulcast to sites other than
Philadelphia. See grid on pg. 4 for simulcast topics.
6 cle cRedits/up to 2 ethics cRedits
connect with pbi
RegisteR today! 800-247-4724 | www.pbi.oRg
coMMercial
litigation INSTITUTE
PhilaDelPhia | weD., march 18, 2015
simulcast | weD., march 18, 2015
try soMething neW and earn siX cle
credits, including ethics!
for the first time, PBi will be offering an institute specifically geared toward those
attorneys who concentrate in the area of commercial litigation in both federal and
state courts. a full day of 18 sessions will allow you to tailor a program that is right
for your level and area of practice. you will hear from a panel of judges during the
opening plenary and conclude your day with an ethics discussion relevant to the
complex legal work you do.
so Many great reasons to attend
▶ earn up to two ethics credits
▶ Bridge the gap between legal theory and trial strategy
▶ hear from the bench on the “do’s and don’ts” of commercial practice
▶ Pick up tips on how to identify and prepare expert witnesses who will deliver
what you need to win
▶ gain unique insights from a jury expert about the best way to win over the jurors
▶ examine remedies and damages issues
▶ focus on officer and director liability
▶ review unique areas of Pennsylvania commercial litigation law
▶ discuss the major differences between state and federal venues
▶ learn from the experts in this field
tWo great Plenary
sessions!
█ hear Judicial insights
in our opening session, a panel
of state and federal judges, including
the hon. mary france, hon. mark
hornak, hon. Patricia mcinerney
and hon. eduardo robreno, with
moderator and seasoned litigator
stan yorsz, will share common
mistakes they see made in commercial
cases. discover what valuable insights
you can gain from their discussion
on jurors, expert witnesses, use
of technology in the courtroom,
counsel’s requests for extensions
and much more!
█ earn ethics credit!
our ethics plenary session will be
interactive and practical. two top
litigators, ellen Brotman and
kevin raphael, will use short
hypotheticals to highlight various
challenges you might typically
confront when representing corporate
entities. they’ll focus on ethical
issues that arise when lawyers
representing organizations learn that
the individuals they’re working with
have harmed the entity through mis
or malfeasance.
PBI is pleased to cosponsor
this program with the PBA
Civil Litigation Section.
2
Connect with PBI
RegisteR today! 800-247-4724 | www.pbi.oRg
Planning teaM
Judicial faculty
mary kay Brown, esq.
hon. michael m. Baylson
hon. mark r. hornak
william t. hangley, esq.
hon. mark i. Bernstein
hon. Patricia a. mcinerney
natalie D. ramsey, esq.
hon. mary D. france
hon. eDuarDo c. roBreno
sherrie r. savett, esq.
hon. mitchell s. golDBerg
hon. Diane m. welsh (ret.)
BroWn Wynn MCgarry niMeroff, llC
king of PruSSia
hangley aronChiCk Segal Pudlin & SChiller, PC
PhiladelPhia
MontgoMery MCCraCken Walker & rhoadS, llP
PhiladelPhia
Berger & Montague, PC, PhiladelPhia
u.S. diStriCt Court for the eaStern diStriCt
of PennSylvania, PhiladelPhia
Court of CoMMon PleaS, firSt JudiCial diStriCt
trial diviSion - Civil, PhiladelPhia
u.S. BankruPtCy Court for the Middle diStriCt
of PennSylvania, harriSBurg
u.S. diStriCt Court for the eaStern diStriCt
of PennSylvania, PhiladelPhia
u.S. diStriCt Court for the WeStern
diStriCt of PennSylvania, PittSBurgh
Court of CoMMon PleaS, firSt JudiCial diStriCt
trial diviSion - Civil, PhiladelPhia
u.S. diStriCt Court for the eaStern diStriCt
of PennSylvania, PhiladelPhia
JaMS adr, PhiladelPhia
a Big thanK you
stanley yorsz, esq.
BuChanan ingerSoll & rooney PC, PittSBurgh
Connect with PBI
to all of the faculty who volunteer their time and share their
knowledge to make this Institute a success!
800-247-4724 | www.pbi.oRg
3
the PrograM
9:00 - 9:15
Welcome and introductory remarks
1
9:15 - 10:15
Simulcast
JUDIcIAl PANel
the do’s and don’ts of Commercial litigation – insights from the Bench
JuDge france, JuDge hornak, JuDge mcinerney, JuDge roBreno, mr. yorsz (M)
10:30 - 11:30
10:15 - 10:30
2
3
4
5
analyzing & evaluating
Cases
Weathering a Jury trial
in a Commercial Case:
understanding and
impacting Jurors
ten things you need
to know about Settling
Commercial Cases
the inside /outside
Counsel relationship
mr. hangley, ms. savett
Dr. greeley
JuDge welsh, ms. lytle
ms. Banks (m), mr. Boczkowski
ms. congDon, ms. lee
7
8
9
effective depositions and
Preparing your Witness
to testify
digital dangers: ediscovery
in the 21st Century
hot Button issues in Class
actions & false Claims act
litigation
hot topics in director and
officer liability
mr. hangley
mr. weiner, ms. zieg
JuDge Baylson
ms. ramsey, mr. tePPer
11:30 - 11:40
6
11:40 - 12:40
Break & move to next session
Simulcast
Break & move to next session
Simulcast
ms. savett, mr. sonnenfelD
12:40 - 1:20
1:20 - 2:20
10
11
12
13
Cross-examining the expert
Witness
how to achieve a great
result through alternative
dispute resolution
Collecting Judgments –
how to get Paid!
examining the tripartite
relationship – insurer,
ETHICS
insured & Counsel
JuDge Bernstein, mr. BenDesky
mr. yorsz
ms. mogavero
mr. engelmyer, ms. wilkinson
16
17
2:20 - 2:30
2:30 - 3:30
lUNcH (INclUDeD FOR All)
Simulcast
Break & move to next session
14
15
trial technology – effective
evidence Presentation in
the 21st Century
temporary restraining
orders & Preliminary
injunctions
remedies and damages in
Commercial litigation
Spotting the red flags!
– What to do when you
uncover irregularities and
possible criminal conduct
mr. Decrescenzo
JuDge golDBerg, ms. Danoff
ms. Brown, mr. scherf
ms. Brotman (m), mr. Bolognese
mr. zauzmer
3:30 - 3:40
Simulcast
Break & move to next session
3:40 - 4:40
18
Who do you love? – torn Between the Corporate entity and the Corporate Client
Simulcast
ETHICS
ms. Brotman, mr. raPhael
simulcast
4
m
– moDerator
session descriPtions
9:15 – 10:15 am » JUDICIAL PANEL
1. the do’s and don’ts of Commercial litigation
SIMULCAST
– insights from the Bench
Join a panel of state and federal judges who hear cases across all
types of commercial litigation practice. learn some of the most
common mistakes they see made in commercial cases; discover
what insights they gain from jurors after a case is concluded;
consider their views on expert witnesses, use of technology in
the courtroom, counsel’s requests for extensions and much
more! this could be the most valuable hour you spend in a Cle
program all year. get tips from Stan yorsz too, our seasoned
moderator.
10:30 – 11:30 am » CHOOSE ONE
2. analyzing & evaluating Cases
never been more important or more demanding. this one-hour
session will provide an overview of the 21st century commercial
case deposition, from document-sifting and preparation to
cross-as-on-direct.
7. digital dangers: ediscovery in the 21st Century
With continued advancements in technology and the ongoing
digitization of the global workforce, electronic records are at the
center of litigation more than ever. Coupled with the staggering
volumes of data that are created every day and the judiciary’s
lower tolerance for ediscovery ignorance or misconduct, it is
no surprise that litigants continue to struggle with meeting
ediscovery obligations. understand what you must know about
electronically stored information and how to approach eSi in the
discovery process, from preservation to production.
8. hot Button issues in Class actions and false
Claims act litigation
Whether you are being retained to represent plaintiff or
defendant in a commercial case, the questions are similar:
What are the facts and legal theories?; Who will you represent
– individuals, corporate entity or possibly both?; Six months
from now, will you still be glad the clients chose you? Will they?;
What are the chances of settlement and, if litigation seems
likely, in what venue(s) might you be trying the case?; do you/
your firm possess the resources and staffing necessary to handle
the matter?; does your firm have ethical or business conflicts?
are there conflicts between the clients’ interests?; how do you
estimate the cost of the litigation and set a fee with your client?;
Will you need experts to assist in developing the claims, and
how does that affect the economics of the case, especially if
it is a contingent fee case?; and the critical issue – how can
you tell a ‘winner’ from a ‘loser?’ gain insights from two highly
experienced litigators.
Join two seasoned litigators and Judge Baylson of the eastern
district Court for a discussion of two important topics in
commercial litigation. With respect to class actions, learn
about the challenges of class certification and the burdens
faced by plaintiff, including the post-halliburton issues for
class certification in securities cases; hear about the trend to
“opt-out,” especially by big institutions in securities cases, and
consider the important factors in making that decision; get
updated on some of the unique difficulties in getting a consumer
class certified. With respect to false claims act/whistleblower
suits, get a quick overview on the life cycle of these cases
and tips for plaintiff on case development, working with the
government, the decision to proceed with a case or not if the
government declines intervention, and reaching a settlement.
3. Weathering a Jury trial in a Commercial Case:
understanding and impacting Jurors
We will target the legal and technical aspects of directors’ and
officers’ liability insurance and the types of claims or exposures
usually covered by the insurance. We will discuss what the
policies cover, the significant exclusions in most policies, and
touch on emerging or hot topic issues. We will also discuss
practical aspects of resolving d & o claims and what to look for
in current d & o polices.
What is the climate in the jury room during deliberations on a
commercial case? are jurors warming to big corporations more
than they used to? or are their attitudes about corporations
frozen and unforgiving? do they react to corporate witnesses
with a chilly response? this session will focus on the factors that
influence how the wind will blow in contract, fraud and business
cases in this current environment. the speaker, a veteran jury
consultant with 25 years of studying jurors, will review the
psychology of how jurors respond to issues in commercial cases,
will offer relevant survey data, and will share mock jury clips.
discover how to give jurors an unclouded view of the important
issues in your commercial case.
4. ten things you need to know about Settling
Commercial Cases
Whether you represent a plaintiff or a defendant, this session
will provide practical tips for maximizing the settlement
potential of commercial cases. topics will include pre-suit
settlement negotiations, how to draft pleadings to encourage
early settlement, how to get the most out of mediation, and how
to secure the participation and cooperation of the defendant’s
insurer. learn how to present your case to its maximum advantage
while also managing client expectations.
5. the inside/outside Counsel relationship
SIMULCAST
explore the things inside counsel look for when deciding what
firm or lawyer to retain, what things lead to the dissolution
of a relationship with outside counsel, and what things are
particularly helpful to an ongoing relationship. distinguished
panelists include counsel for glaxoSmithkline, vanguard and
Sunoco.
11:40 am – 12:40 pm » CHOOSE ONE
6. effective depositions and Preparing your
SIMULCAST
Witness to testify
telling a human story in a document-intensive commercial case
has always been a challenge, but the video age – when today’s
deposition is tomorrow’s video bite at trial -- has made things
even more complicated. Preparing your witness (or yourself) has
9. hot topics in director and officer liability
1:20 – 2:20 pm » CHOOSE ONE
10. Cross-examining the expert Witness
SIMULCAST
hear from Judge Mark Bernstein, who has presided over
countless civil and commercial trials, and experienced litigator
larry Bendesky, about the do’s and don’ts of cross-examining
your adversary’s expert. in cases where the issues and facts are
more complex and less familiar to most jurors, how do you make
commercial concepts understandable while cross-examining the
expert(s)? What are the questions you should never ask? how
do you handle an expert who refuses to answer your question?
how does cross exam of the expert differ when it’s a bench trial?
When do you know that it’s time to sit down and ask no further
questions? get the answers you need!
11. how to achieve a great result through
alternative dispute resolution
More and more cases are either being settled by mediation
or decided in an arbitration forum. Pick up practical advice to
maximize your chances of a good settlement in mediation or a
good result in arbitration. topics include the choice of mediators
and arbitrators, effective case presentation in mediation,
discovery tactics in arbitration and how to make arbitrators and
mediators side with your position. hear about recent case law
trends affecting both mediation and arbitration.
12. Collecting Judgments – how to get Paid!
through your hard work and legal skills, you’ve obtained a
money judgment in favor of your client. learn how to navigate
the substantive law and procedural rules governing enforcement
of judgments in order to convert your legal victory into an
economic recovery for your client. address enforcement
of judgment liens on real and personal property, including
execution practice in Pennsylvania state courts and in federal
court. focus will be on the practical aspects of collection law
from the perspective of counsel for the judgment creditor.
13. examining the tripartite relationship –
ETHICS
insurer, insured & Counsel
Based on an analysis of case law and the use of hypotheticals,
we will explore the relationship between insurers, insureds and
their appointed defense counsel. hear about the ethical and
legal obligations of defense counsel in responding to requests
for information from an insurer in situations where insurance
coverage is disputed. explore the rights and duties of insurers to
seek information concerning a claim from their insureds and the
appropriate response should the request be turned down. finally,
learn how courts have analyzed the question of attorney client
privilege in the context of communications between defense counsel
and insureds and insurers.
2:30 – 3:30 pm » CHOOSE ONE
14. trial technology – effective evidence
Presentation in the 21st Century
learn about the newest strategies for effectively presenting
evidence and persuading your fact finders. discover how trial
technology interfaces with presenting evidence effectively,
particularly with complex financial charts, construction, medical
malpractice or real estate litigation. new methods of paperless
document handling will also be demonstrated. gain insight
on how best to present your evidence in the most persuasive
manner.
15. temporary restraining orders and
SIMULCAST
Preliminary injunctions
learn the ins-and-outs of obtaining emergency relief in federal
and state court. a federal judge and a litigator with extensive
injunction experience will explain how to decide whether to seek
a temporary restraining order, its state court equivalent, or a
preliminary injunction in the first place. and they will walk you
through the process of obtaining an injunction, offering pointers
for each step of the process, from the complaint to the hearings
to the bond application.
16. remedies and damages in Commercial
litigation
using a series of cases studies and war stories, an experienced
litigator and financial expert will provide you with practical
strategies for obtaining remedies and proving damages in
commercial litigation as well as how to defend against such
claims.
17. Spotting the red flags! – What to do when
you uncover irregularities and possible
criminal conduct
how do you spot the “red flags” of financial fraud and
improprieties? What are the practical, legal and ethical issues
attorneys face when they uncover financial fraud perpetrated by
or against their clients that result in potential or actual parallel
civil and criminal proceedings? the panelists, who include
a highly experienced federal prosecutor, criminal defense
attorney, and civil litigator will discuss issues such as: how to
identify the red flags of financial fraud; the circumstances and
manner in which any improprieties should be reported to the
authorities; how to deal with suspected individuals and the
scope of the attorney client privilege; the obligation to preserve
relevant evidence; the mechanics and implications of asserting
constitutional protections against self-incrimination; and the
effect of potential criminal exposure on parallel civil litigation.
3:40 – 4:40 pm » PLENARY SESSION
18. Who do you love? – torn between
the Corporate entity and the Corporate Client
ETHICS
SIMULCAST
Wrestle with the ethical issues that arise when lawyers
representing organizations, small - medium - and large privately held and public, learn that the individuals they’re
working with have harmed the entity through mis or
malfeasance. this will be an interactive session using short
hypotheticals to highlight various challenges a lawyer might
typically confront when representing entities.
5
our outstanding faculty
Danielle Banks, Esq.
Steven J. Engelmyer, Esq.
H. Marc Tepper, Esq.
Larry Bendesky, Esq.
Ann T. Greeley, Ph.D.
Paul D. Weiner, Esq.
Sophia Lee, Esq.
Kathleen D. Wilkinson, Esq.
Joann M. Lytle, Esq.
Robert A. Zauzmer, Esq.
Leona Mogavero, Esq.
Sharon M. Zieg, Esq.
Stradley Ronon Stevens & Young, LLP, Philadelphia
Saltz Mongeluzzi Barrett & Bendesky, PC
Philadelphia
Andrew W. Boczkowski, Esq.
Assistant General Counsel, GlaxoSmithKline
Philadelphia
Anthony J. Bolognese, Esq.
Bolognese & Associates, LLC, Philadelphia
Ellen C. Brotman, Esq.
Montgomery McCracken Walker & Rhoads, LLP
Philadelphia
Julie Congdon, Esq.
Principal and Employment Counsel
Vanguard, Philadelphia
Diane Siegel Danoff, Esq.
Dechert LLP, Philadelphia
James DeCrescenzo
Kleinbard LLC, Philadelphia
DecisionQuest, State College
Chief Counsel in Litigation, Sunoco, Inc.
Philadelphia
McCarter & English, LLP, Philadelphia
Friedman Schuman, PC, Jenkintown
Buchanan Ingersoll & Rooney, PC, Philadelphia
Littler Mendelson, PC, Philadelphia
Wilson Elser Moskowitz Edelman & Dicker, LLP
Philadelphia
Assistant U.S. Attorney, Philadelphia
Young Conaway Stargatt & Taylor, LLP, Wilmington, DE
Kevin E. Raphael, Esq.
Pietragallo Gordon Alfano Bosick
& Raspanti, LLP, Philadelphia
Stephen J. Scherf, CPA
Asterion, Inc., Philadelphia
Marc J. Sonnenfeld, Esq.
Morgan Lewis & Bockius, LLP, Philadelphia
6
cle
James DeCrescenzo Reporting, LLC, Philadelphia
This Institute has been approved by the
Pennsylvania Continuing Legal Education
Board for 6 hours of CLE credit. Workshop
choices will determine whether credits
are in substantive law, practice and
procedure or ethics, professionalism or
substance abuse.
Join us in Philadlephia
Philadelphia
Wed., March 18, 2015
Simulcast
Wed., March 18, 2015
The CLE Conference Center, Wanamaker Building
10th Floor, Ste. 1010, Juniper St. entrance
(between 13th & Broad Sts., opposite City Hall)
Greensburg
Pittsburgh
9:00 am to 4:40 pm; check-in begins at 8:30 am
Mechanicsburg
West Chester
One session each hour will be
simulcast to sites other than
Philadelphia. See grid on pg. 4
for simulcast topics.
6
Connect with PBI
Westmoreland Co. Bar Association
129 N. Pennsylvania Ave.
PBI Conference Center
5080 Ritter Rd., Rossmoyne Exit, Rt. 15
new Castle
Penn State Coop. Ext. of Lawrence Co.
Lawrence Co. Cthse., 430 Court St., 3rd Fl.
PBI Professional Development Conference Center
Heinz 57 Center, 339 Sixth Ave., 7th Fl.
Chester Co. Bar Assn., 15 W. Gay St.
Wilkes-Barre
Kings College, Sheehy-Farmer Campus Center,
Lane’s Lane
Norristown
Montgomery Bar Assn., 100 W. Airy St.
Register Today! 800-247-4724 | www.pbi.org
four easy Ways
to register!
MAIL
PBi
5080 ritter rd.
Mechanicsburg, Pa
17055-6903
FAX
717-796-2348
COMMERCIAL
LITIGATION INSTITUTE
8669
lm/bkt-1/20/15
PHONE
717-796-0804
800-247-4724
800-932-4637
 www.pbi.org
registration Policy:
Please register early! Save $25 on
registrations received 3 or more
business days before the course date.
Pre-registered customers will receive
priority on the distribution of course
materials. Walk-in registrations will be
accepted on a space-available basis,
but please check www.pbi.org or call
(800) 247-4724 to confirm space is
available and the schedule has not
changed.
cancellation Policy:
in order to receive a refund for
cancellation (less a $25 administrative
fee), you must notify PBi by email,
mail or fax no later than 2 business
days before the course date for the
appropriate site. otherwise, you will
receive the course materials in full
consideration of tuition paid.
registration transfers:
requests for transfers will be honored
if they are received before the course
date.
services for Persons with
Disabilities:
if you require special arrangements,
please contact Customer Service at
(800) 932-4637 at least ten days before
the course date.
speaker substitutions:
PBi reserves the right to substitute
speakers at all programs.
PBi scholarships:
PBi offers substantially reduced
tuition for most PBi seminars
to allow attorneys experiencing
financial hardship to fulfill their
mandatory education requirement.
for details and an application,
contact Scholarship administrator at
[email protected] or (800) 9324637, ext. 2284 at least 30 days before
the program. (Scholarships are not
available for online Cle.)
legal services/
Public interest lawyers:
PBi will provide a complete waiver
of tuition fees for the first 12 hours of
Cle taken to satisfy the Pennsylvania
mandatory Cle requirement in
any calendar year for all attorneys
employed on a full-time basis by
Pennsylvania civil or criminal Section
501(c)(3) legal services or public
interest organizations. for additional
courses (over and above the first 12
hours), eligible attorneys may enroll at
50 percent of the highest member fee.
this waiver applies only to attorneys
in Section 501(c)(3) organizations
that provide legal services at no or de
minimus fee to individual members
of the public.
Wed., March 18, 2015
PhilaDelPhia (live)
simulcast :__________________________________________
(one session each hour; see pg. 4 for simulcast topics)
tuition (INCLUDES COURSE BOOK AND LUNCH)
 $399
Members — Pa., or any co. bar assn.
 $379
Members admitted after 1/1/11
 $419
nonmembers
 $199
Paralegals attending w/attorney
 $200
Judges and judicial law clerks
 $190
Judges and judicial law clerks admitted after 1/1/11
add $25 for registrations received 3 or fewer business days
before the presentation.
course Materials
 i cannot attend, but would like to purchase the course Book (2015-8669): $99
include $8.00 S&h and $6.42 sales tax for a total of $113.42
 i cannot attend, but would like to purchase the audio cD (acD-8669): $39
include $8.00 S&h and $2.82 sales tax for a total of $49.82
 i cannot attend, but would like to purchase the audio cD & Book set (acDs-8669): $139
include $8.00 S&h and $8.82 sales tax for a total of $155.82
if you are ordering course materials separately, please allow two weeks after the first program for the shipment of books and 4 to 6 weeks for shipment of the Cds and book/Cd sets.
one session each hour designated as “SiMulCaSt” on page 4 will be taped.
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coMMercial
litigation INSTITUTE
PhilaDelPhia | weD., march 18, 2015
simulcast | weD., march 18, 2015
greensburg, Mechanicsburg, new Castle
Pittsburgh, Plymouth Meeting, West Chester
connect with pbi
RegisteR today! 800-247-4724 | www.pbi.oRg