HarrisMartin's MDL Conference: An Analysis of Today's Mass Tort Landscape Agenda

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Day 1, Wednesday, March 27, 2019

7:30 a.m. - 5:00 p.m.

The Agenda for this Conference is in Production

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An Early Look at Agenda Topics for This Conference:

3M Combat Earplugs


Current Mass Tort Analysis Including:
• Talc
• Opioids
• Roundup
• Sex Trafficking
• Xarelto
• Fosomax
• PPIs
• Hip and Knee Implants
• Mesh
• Taxotere
• Zostavax
• Zofran

Litigating in the Digital Age and Leveraging, E-Technology
• Production and Management of Electronically Stored Data (Predictive Coding vs. Search Terms)
• Critical ESI Technology Skills – Mandatory Ethical Requirements
• Discovering and Protecting Electronically Stored Information
• Litigation Holds and Spoliation Risks
• Attorneys Must Take Reasonable Cyber Security Steps (ABA Formal Opinion 477)

Complex Litigation Nuts and Bolts
• The Selection of MDL Judges and Venue: What Arguments Resonate? What, When, Why, and How to Argue
• Preservation and Protective Orders
• Privilege Logs: Dealing With Inadvertent Disclosures and Technological Advancements
• Growing Challenge of Keeping Attorney-Client Communications Confidential
• Confidentiality designations and the De-Designation Process
• 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

Navigating Game Changing Dynamics
• Jurisdictional 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

Plaintiffs’ Steering Committees: Views from the Trench
• 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”

Complex Litigation Witnesses
• Witnesses Appearing Via Satellite Transmission
• Apex Witness Depositions
• Videotaping Witness Trial Testimony

Vanishing MDLs and Procedural Modifications
• Who/Where are the MDLs Going?
• Government Plaintiff MDLs
• Pending Class Action Legislation

The Increasing Role and Diverse Functions of Special Masters Managing Mass Torts
• 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

Litigation Exit Strategies
• Settlement Options, Global vs. Inventory vs. Top Down vs. Bottom Up, and the Court’s Role
• 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

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
• Ethical Conundrums
• Transparency and Authority

Third Party Litigation Funding & the Hedge Fund Invasion: Not Only Funding. DC Rules Allow for Participation in Fee Sharing by Non-Lawyers

Litigating Outside the Courtroom: The Chilling Impacts of Blogs and “Judicial Hell Holes” Designations

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Back to HarrisMartin's MDL Conference: An Analysis of Today's Mass Tort Landscape


Registration Information

  • Individual Registration - $795.00
  • Additional Registrations (Same Firm) - $795.00
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  • Or, call us toll-free at (610) 647-5500.

Date & Time

March 27, 2019
7:30AM - 5:00PM