Civil Litigation

35th Annual National CLE & Ski Conference


Program Agenda:

Civil Litigation


January 3-7, 2018, Marriott Vail Mountain Resort & Spa  


Program Chair:

Jennifer (Ginger) Busby, Burr & Forman LLP, Birmingham, AL


Program Has Been Submitted for Co-sponsorship by the ABA Tort Trial and Insurance Practice Section   


  • Polish Your Litigation, Presentation and Courtroom Skills and Techniques in a Unique Educational Environment
  • Interact with and Hear Experts Address Insurance, Arbitration, Workplace, Technology, and Expert Witness Issues Litigators Should Know
  • Gain Insights on the Latest Regarding Recreational Accident, Public Entity, and Talc Litigation

Wednesday, January 3, 2018

3:00 – 7:00 p.m.                     



4:30 – 5:30 p.m.                    

Is Cooperation a Privilege? What You Need to Know About Preserving Privilege and Your Client’s Insurance Coverage
Andrea L. DeField, Hunton & Williams LLP, Miami, FL

Michael Levine, Hunton & Williams LLP, McLean, VA and New York, NY


5:30-6:30 p.m.                       

The Top Five Rules for the Key Parts of Trial: Voir Dire, Open, Direct, Cross and Close — Decluttering the Theories and Focusing on Key Skills that Drive a Winning Approach to Trial
Stephan C. Kremer, Reminger, Attorneys at Law, Akron and Cleveland, OH

Pat Kasson, Reminger, Attorneys at Law, Akron and Cleveland, OH


Thursday, January 4, 2018

7:00 – 9:00 a.m.                   

What Were Those Judges, Jurors and Mediators Thinking? How to Better Tell Your Story

Jennifer “Ginger” Busby, Burr & Forman LLP, Birmingham, AL
John R. Tarpley, Lewis Thomason, Nashville, TN                                                                                                                                                                                                                       

4:30- 6:30 p.m.                  

Plenary Session – More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT


6:30 p.m.                              

Wine Reception



Friday, January 5, 2018


7:00 – 8:00 a.m.              

Arbitration — An Ever-changing Landscape
Laurence Z. (Larry) Shiekman, Pepper Hamilton LLP, Philadelphia, PA


8:00 – 9:00 a.m.               

God, Guns and Other Interesting Stuff

  • What Exactly is a Religion that Qualifies for Constitutional Protections?
  • Accommodating Religion in the Workplace
  • “Religious Freedom” Laws
  • Employers and the Growing Armed Workforce

Randall (Randy) Patterson, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Jackson, MS

Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.

CTE: What It Means for Civil and Criminal Litigation 

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues

The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT

4:30 – 5:30 p.m.               

Making Presentations More Effective with Today’s Clients, Mediators, Judges or Jurors   
Marygrace Schaeffer, Senior Vice President, DecisionQuest, Minneapolis, MN


5:30 – 6:30 p.m.               

Winning and Working with Technology: Creating Impact at Trials, Motions and Mediation          
Justin S. Kahn, Kahn Law Firm LLP, Charleston, SC


Saturday, January 6, 2018

7:00 – 8:00 a.m.               

Litigating Recreational Accidents from the Plaintiff’s Perspective
James Chalat, Chalat Hatten & Banker PC, Denver, CO


8:00 – 9:00 a.m.             

Suing Public Entities — Pitfalls and Detours

Madeline J. Meacham, Halpern Meacham, LLC, Boulder, CO

4:30 – 5:30 p.m.                

Tic Tac Talc! What’s the Next Move in Talc Litigation
Michael W. Drumke, Swanson, Martin & Bell, LLP, Chicago, IL

Adam H. Doeringer, Swanson, Martin & Bell, LLP, Chicago, IL

5:30 – 6:30 p.m.              

The Dirt on Experts: What to Look For, How to Find Them, and How to Investigate Them
Michael S. Beaver, Holland & Hart LLP, Greenwood Village, CO

Daniel M. Rubin, Business Development Executive, Thomson Reuters, Expert Witness Services



Sunday, January 7, 2018


Plenary Sessions


7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY.  Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples
8:00 – 9:00 a.m.    
Ethical Considerations Regarding Collection and Admission of Social Media Evidence

What was once a thought or a spoken word is now memorialized as tangible evidence. A running journal of an individual’s activities, thoughts, and movements is a potential treasure trove of evidence not to be ignored. Improper collection can lead to spoliation and/or preclusion of evidence.  Gregory MacFarlane, JD, E-Discovery Specialist, Thomson Reuters/Pangea3, New York, NY will discuss the case law (state & federal), FRCP, Rules of Evidence (801, 901, & 902), ABA Model Rules (401 & 804), and bar opinions surrounding preservation of evidence, best practices for collection, rules of evidence and how to lay a proper for admission of this evidence.  These winning strategies will lower the cost of litigation and improve work product.

Presented by Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY



Hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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