18th Annual Complex Litigation Symposium

Registration: 7:30-8 a.m.
Seminar: 8 a.m.-5 p.m.

Co-Sponsored by the National Board of Trial Advocacy

This symposium features the nation’s leading complex litigation academicians, jurists and members of the bar. These are the folks that are writing about, presiding over and litigating the most significant cases in the country.

Click Complex Litigation Symposium to download seminar flyer.

Registration Fees, Cancellations and Refunds

• Advance Registration ..... $370
• After Nov. 2 ....... $395
(The fee includes electronic course materials, seminar attendance and coffee/refreshment breaks.)

On-Site Registrants will be provided the link to download electronic course materials at the time of registration. Printed seminar manuals will be available for purchase at the seminar.

Cancellation of registration must be received in writing by the LSBA no later than Nov. 2. Cancellations will receive a full refund, less a $25 administrative charge. Absolutely no refunds will be made after Nov. 2.



Professor James E. Wren • Baylor University Law School • Waco, TX

Alexander G. Calfo • King & Spalding • Los Angeles, CA

Richard J. Arsenault • Neblett, Beard & Arsenault • Alexandria

7:30-8:00 a.m.

8:00-8:30 a.m.
Program Overview - (.5 credits)

8:30-9:30 a.m.

Ethics Associated with Complex Litigation - (1 credit)

• Aggregate Settlements

• Competing Allegiances Owed by Plaintiff Steering Committees to Retained Clients,

• Other Counsel and Other Clients

• Mass Tort Counsel’s Competing Obligations to the Court vs. Clients

• Technology Skills – Mandatory Ethical Requirements

• ABA: Attorneys Must Take Reasonable Cyber Security Steps – (Formal Opinion 477)

• Third Party Litigation Funding

• Practicing Law Ethically in the Age of Social Media
• Hedge Fund Invasion: Not Only Funding … DC Rules Allow for Participation in Fee Sharing by Non-Lawyers
• Litigating Outside the Court. The Chilling Impacts of Blogs and Identification of Alleged “Judicial Hell Holes”

9:30-10:30 a.m.

Complex Litigation Nuts and Bolts: Part 1 - (1 credit)

• The Selection of MDL Judges and Venue: What Arguments Resonate? What, When, Why and How to Argue?

• Preservation and Protective Orders

• Litigation Holds/Spoliation

• Privilege Logs: Dealing with Inadvertent Disclosures and Technological Advancements

• Growing Challenge of Keeping Attorney-Client Communications Confidential

• Litigating in the Digital Age and Leveraging, E-Technology; Production and Management of Electronically   Stored Data (Predictive Coding vs. Search Terms)

•Confidentiality and the De-Designation Process

10:30-10:45 a.m.


10:45-11:45 a.m.
Navigating Game Changing Dynamics - (1 credit)

• Judicial Landscape Following BMS

• Recent Preemption Rulings

• Federal/State – Coordination vs. Domination? (All Writs/Anti-Injunction)

• The Continuing Impact of CAFA

• Transferee Judges Sitting in the Transferor Court

11:45 a.m.-1:15 p.m.
Keynote Speaker: Ken Starr
The Roberts Court – and Presidential Power
- (1.5 credits)
(Sponsored Lunch)

 1:15-2:00 p.m.

Plaintiffs’ Steering Committees: Views from the Bench and Trench - (.75 credits)

• Selection and Compensation of MDL Plaintiffs’ Steering Committees

• Deference to Private Ordering

• Do the Defendants Have Any role in the PSC Formation Process?

• Awarding/Allocating Common Benefit Attorney Fees

• Litigation Funding on Both Sides of the “V”

2:00-2:30 p.m.
Complex Litigation Witnesses - (.5 credits)

• Witnesses Appearing Via Satellite Transmission

• Apex Witness Depositions

• Videotaping Witness Trial Testimony

2:30-3:00 p.m.
Vanishing MDLs and Procedural Modifications - (.5 credits)

• Who/Where are the MDLs Going?

• Government Plaintiff MDLs

• Pending Class Action Legislation

3:00-3:15 p.m.

3:15-4:15 p.m.
Complex Litigation Nuts and Bolts: Part 2 - (1 credit)

• Managing MDLs

• Role of Lexecon Including Waivers

• What is the Pretrial Discovery as Contemplated in the MDL Statute?

• Transferee Judges Sitting in the Transferor Court

• Bellwether Function, Selection Process, and Trial Protocol

• Intercircuit Assignments

• Judicially Imposed Trial Time Limits: Chess Clocks

• Multi-Plaintiff Trials

• MDL Exit Strategies Including Suggestions of Remand and Associated Options

• Settlement Strategies? Global vs. Inventory vs. Top Down vs. Bottom Up? Court’s Role? Special Masters?

• Role of Wall Street and Main Street in Resolution. Why Cases Really Settle and When.

• Post Settlement Issues: Qualified Settlement Funds, Allocations, Special Needs Trusts, Liens and Loans

4:15-5:00 p.m.
The Increasing Role and Diverse Functions of Special Masters Managing Mass Torts - (.75 credits)

• Developing Initial Case Management Orders Which Control the Entire Litigation Process

• Developing a Protocol for the Production of Electronically Stored Data

• Supervising Depositions

• Resolving Discovery Disputes

• Coordinating Motion Practice

• Overseeing Settlement Negotiations

• Allocating Settlement Proceeds

Richard J Arsenault
Neblett, Beard & Arsenault • Alexandria

Professor Lynn Baker
University of Texas Law School • Austin, TX

Hon. Carl J. Barbier
U.S. District Court, Eastern Dist. of LA • New Orleans

Alexander Calfo
King & Spalding • Los Angeles, CA

Tony Clayton
Attorney at Law • Port Allen

Lori Cohen
Greenberg Traurig • Atlanta, GA

Special Master Kenneth W. DeJean
Attorney at Law • Lafayette

Professor Jaime L. Dodge
Emory University Law School • Atlanta, GA

Nicholas Drakulich
The Drakulich Firm • San Diego, CA

Hon. Eldon E. Fallon
US Dist. Court, Eastern District of LA • New Orleans

Dean and Professor Thomas Galligan, Jr.
Louisiana State University, Paul M Hebert Law Center • Baton Rouge

Hon. Patrick J. Hanna
US Dist. Court, Western District of LA • Lafayette

Hon. Elizabeth B. Hogan
22nd Judicial Circuit, State of Missouri • Jefferson City, MO

Eric D. Holland
Holland Law Firm • St Louis, MO

John P. Hooper
King & Spalding • New York, NY

Jane Lamberti
The Cochran Firm • Atlanta, GA

Ethan Lange
Stueve Siegel Hanson • Kansas City, MO

Mark Lanier
The Lanier Law Firm • Houston, TX

Rachel Lanier
The Lanier Law Firm • New York, NY

Lynn Luker
Stanley, Reuter, Ross, Thornton & Alford • New Orleans

Douglas Marvin
Williams & Connolly • Washington, DC

Professor Francis McGovern
Attorney at Law • Durham, NC

Melanie Muhlstock
Parker Waichman • Port Washington, NY

Glenn Norton
Norton Dispute Resolution • St Louis, MO

Neil D. Overholtz
Overholtz, Aylstock, Witkin, Kreis & Overholtz • Pensacola, FL

Hon. Lisa Page
Missouri Court of Appeals, Eastern District • St. Louis, MO

Joseph F. Rice
Motley Rice • Mt. Pleasant, SC

Mark P. Robinson, Jr.
Robinson Calcagnie, Inc. • Newport Beach, CA

Special Master Gary J. Russo
Jones Walker • Lafayette

John K. Sherk
Shook, Hardy & Bacon • San Francisco, CA

Raymond C. Silverman
Parker Waichman • Port Washington, NY

Kathryn Snapka
The Snapka Law Firm • Corpus Christi, TX

Hon. James M. Stanton (ret.)
Stanton Law Firm • Dallas, TX

Hon. Kenneth Starr
Baylor University • Waco, TX

Ginger Susman
Providio MediSolutions • Englewood, CO

Professor James Underwood
Baylor University Law School • Waco, TX

Hon. Sarah S. Vance
US Dist. Court, Eastern District of LA • New Orleans

James M. Williams
Chehardy, Sherman, Williams, Murray, Recile, Stakelum & Hayes • Metairie

Hon. Mary E. Wiss
The Superior Court of California, County of San Francisco • San Francisco, CA

Professor James E. Wren
Baylor University Law School • Waco, TX

Those who plan and teach LSBA seminar are volunteers. Their generous contributions of time, talent and energy make this and every LSBA seminar a success. We deeply appreciate their work.

The LSBA continues to encourage all its members to participate in the preparation and presentation of LSBA CLE programs.

* Please contact the LSBA CLE Dept. if you have a disability which may require special accommodations at this program. The LSBA is committed to enduring full accessibility for all registrants. *
Louisiana State Bar Association
601 St. Charles Avenue
New Orleans, LA 70130
(800) 421-LSBA(5722) / (504) 566-1600