2ND ANNUAL FORUM ON DEFENDING AND MANAGING

AUTOMOTIVE PRODUCT LIABILITY LITIGATION

Friday, November 20, 2009

About

Be a part of the automotive industry’s premier product liability litigation defense forum and ensure that you are prepared to cost-effectively defend against plaintiffs’ claims involving the most complicated issues

At a time when most companies are striving to reduce costs and trim staff, defending and managing complex product liability litigation can be an overwhelming task. And nowhere is this more apparent than in the automotive industry. Corporate attorneys and outside counsel for auto manufacturers and component part suppliers must find ways to reduce the costs of litigation while simultaneously dealing with the challenges of juror bias, sympathetic plaintiffs, and negative press. Add to this the new NHTSA roof crush standard and the impact that it is going to have on current and future litigation as well as the questions surrounding product liability claims against automotive companies that have emerged from bankruptcy. Defense counsel face a distinctly uphill battle in litigating and managing these claims and there is no room for error.

American Conference Institute’s 2nd Annual Forum on Defending and Managing Automotive Product Liability Litigation offers defense counsel the opportunity to obtain the strategies and insights needed to confront and overcome these challenges. Our faculty of expert in-house counsel from Ford, Takata, Key Safety Systems, Bosch, Kawasaki, and Continental Tire, as well as leading outside counsel and distinguished jurists will provide you with the knowledge necessary to:

  • Manage the exorbitant cost of defending cases and evaluate which cases to settle and which to prepare for trial
  • Defend against novel claims arising from the new NHTSA roof crush standard
  • Ensure that the burdens of e-discovery do not undermine the defense’s case on the merits
  • Manage complex litigation while operating with a smaller legal department and under tighter budget constraints

Contents & Contributors

About

Be a part of the automotive industry’s premier product liability litigation defense forum and ensure that you are prepared to cost-effectively defend against plaintiffs’ claims involving the most complicated issues

At a time when most companies are striving to reduce costs and trim staff, defending and managing complex product liability litigation can be an overwhelming task. And nowhere is this more apparent than in the automotive industry. Corporate attorneys and outside counsel for auto manufacturers and component part suppliers must find ways to reduce the costs of litigation while simultaneously dealing with the challenges of juror bias, sympathetic plaintiffs, and negative press. Add to this the new NHTSA roof crush standard and the impact that it is going to have on current and future litigation as well as the questions surrounding product liability claims against automotive companies that have emerged from bankruptcy. Defense counsel face a distinctly uphill battle in litigating and managing these claims and there is no room for error.

American Conference Institute’s 2nd Annual Forum on Defending and Managing Automotive Product Liability Litigation offers defense counsel the opportunity to obtain the strategies and insights needed to confront and overcome these challenges. Our faculty of expert in-house counsel from Ford, Takata, Key Safety Systems, Bosch, Kawasaki, and Continental Tire, as well as leading outside counsel and distinguished jurists will provide you with the knowledge necessary to:

  • Manage the exorbitant cost of defending cases and evaluate which cases to settle and which to prepare for trial
  • Defend against novel claims arising from the new NHTSA roof crush standard
  • Ensure that the burdens of e-discovery do not undermine the defense’s case on the merits
  • Manage complex litigation while operating with a smaller legal department and under tighter budget constraints

Contents & Contributors

In-House Roundtable: Corporate Counsel Insights for Managing Litigation, Improving Communication with Outside Counsel, and Reducing Legal Costs
Don A. Schiemann, Managing Counsel, TK Holdings Inc. (Takata) (Auburn Hills, MI)

Preparing for the Impact of the New NHTSA Roof Crush Standard on Current and Future Litigation

Erika Z. Jones, Partner, Mayer Brown LLP (Washington, DC)
James A. Edwards, Attorney, Hewitt Wolensky LLP (Maitland, FL)

Litigating Claims Involving Component Part Suppliers
Don A. Schiemann, Managing Counsel, TK Holdings Inc. (Takata) (Auburn Hills, MI)
Edward C. Stewart, Partner, Wheeler Trigg O’Donnell LLP (Denver, CO)

Impact of Venue on Defense Strategies: Determining How to Litigate Your Case in Both the Best and the Worst Jurisdictions for the Defense
Barry W. Ford, Shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Jackson, MS)
Stephen A. Marcum, Shareholder, Stansberry, Petroff, Marcum & Blakley, P.C. (Huntsville, TN)
Basil J. Musnuff, Partner, Roetzel & Andress (Akron, OH)

Preparing and Defending Daubert/Frye Challenges and Finding Qualified and Reliable Biomechanical and Accident Reconstruction Witnesses
Philippa V. Ellis, Partner, Owen, Gleaton, Egan, Jones & Sweeney, LLP (Atlanta, GA)
Joseph J. Ortego, Partner, Practice Group Leader, Products Group, Nixon Peabody LLP (New York, NY)
Michelle I. Schaffer, Shareholder, Campbell Campbell Edwards & Conroy (Boston, MA)

A View From the Bench: U.S. District Court Judges’ Views on Effective Theories/Defenses, Daubert and Evidentiary Approaches, and Deciding Cases Early
The Honorable Richard Mills, United States District Judge, U.S. Dist. Court, Central District of Illinois

Crashworthiness: Defending Against Plaintiff Claims Relating to Automotive Design
Gerard Cedrone, Shareholder, Lavin, O’Neil, Ricci, Cedrone & DiSipio (Philadelphia, PA)
Larry D. Grayson, Partner, Hartline, Dacus, Barger, Dreyer & Kern, L.L.P. (Dallas, TX)
Brian T. Smith, Member, Dykema Gossett PLLC (Bloomfield Hills, MI)
Amir Nassihi, Attorney, Shook, Hardy & Bacon L.L.P. (San Francisco, CA)

Defending Against Automotive Product Liability Claims in a Tumultuous Market: Impact of Bankruptcy on Plaintiffs, Manufacturers, Suppliers, and Dealerships
Jerry L. Johnson, Assistant General Counsel, Robert Bosch LLC (Farmington Hills, MI)
Raphael (“Rafe”) C. Taylor, Partner, Johnson, Spalding, Doyle, West & Trent, L.L.P. (Houston, TX)
J. Tracy Walker, IV, Partner, McGuireWoods LLP (Richmond, VA)

Defending Against Claims Involving Electronic Stability Control (ESC)
Emily Frascaroli, Attorney, Ford Motor Company (Dearborn, MI)
John A. Krivicich, Partner, Donohue Brown Mathewson & Smyth LLC (Chicago, IL)



DOCUMENT TYPES: PPT PPTX DOC PDF PRESENTATIONS AVAILABLE: 13

7:30
Registration & Continental Breakfast
8:30
Opening Remarks from the Chair
Mr. Andrew Pride
Attorney
Ford Motor Company
8:45
In-House Roundtable: Corporate Counsel Insights for Managing Litigation‚ Improving Communication with Outside Counsel‚ and Reducing Legal Costs
Mr. Thomas M. Dono‚ Jr.
Sr. Vice President‚ Legal Affairs and General Counsel
Key Safety Systems‚ Inc.
Mr. Don A. Schiemann
General Counsel
TK Holdings Inc.
1 file
RANDOM THOUGHTS FROM A RESTRAINT SUPPLIER PRODUCT LIABILITY IN-HOUSE COUNSEL
170.5 KB 15 pages Presentation
PPT - RANDOM THOUGHTS FROM A RESTRAINT SUPPLIER PRODUCT LIABILITY IN-HOUSE COUNSEL
Ms. Tammy L. deCastro
Senior Counsel
Continental Corporate Law Department
Mr. Andrew Pride
Attorney
Ford Motor Company
Moderator: Mr. Mark C. Walker
Partner
Brown McCarroll L.L. P.
10:15
Coffee Break
10:30
Preparing for the Impact of the New NHTSA Roof Crush Standard on Current and Future Litigation
Ms. Erika Z. Jones
Partner
Mayer Brown LLP
2 files
Preparing for the Impact of New NHTSA Roof Crush Standard
388 KB 30 pages Presentation
PPT - Preparing for the Impact of New NHTSA Roof Crush Standard
NHTSA’s New Roof Crush Standard: Issues and Comments
108.7 KB 18 pages Presentation
PPTX - NHTSA’s New Roof Crush Standard:  Issues and Comments
James A. Edwards
Attorney
Ford Motor Company
2 files
Preparing for the Impact of New NHTSA Roof Crush Standard
388 KB 30 pages Presentation
PPT - Preparing for the Impact of New NHTSA Roof Crush Standard
Part III
120.5 KB 30 pages Presentation
PPT - Part III
11:30
Litigating Claims Involving Component Part Suppliers
Mr. Don A. Schiemann
General Counsel
TK Holdings Inc.
Mr. Edward C. Stewart
Partner
Wheeler Trigg O'Donnell LLP
1 file
LITIGATING CLAIMS INVOLVING COMPONENT PART SUPPLIERS:
72.5 KB 14 pages Presentation
PPT - LITIGATING CLAIMS INVOLVING COMPONENT PART SUPPLIERS:
12:30
Networking Luncheon for Attendees and Speakers
13:45
Impact of Venue on Defense Strategies: Determining How to Litigate Your Case in Both the Best and the Worst Jurisdictions for the Defense
Mr. Barry W. Ford
Shareholder
Baker‚ Donelson‚ Bearman‚ Caldwell & Berkowitz‚ PC
1 file
Impact of Venue on Defense Strategies:
1.1 MB 34 pages Presentation
PPTX - Impact of Venue on Defense Strategies:
Mr. Stephen A. Marcum
Shareholder
Stansberry‚ Petroff‚ Marcum & Blakley‚ P.C.
1 file
Impact of Venue on Defense Strategies:
1.1 MB 34 pages Presentation
PPTX - Impact of Venue on Defense Strategies:
Basil Musnuff
Partner
Roetzel & Andress‚ LPA
1 file
Impact of Venue on Defense Strategies:
1.1 MB 34 pages Presentation
PPTX - Impact of Venue on Defense Strategies:
14:45
Preparing and Defending Daubert/Frye Challenges and Finding Qualified and Reliable Biomechanical and Accident Reconstruction Witnesses
Ms. Philippa V. Ellis
Partner
Owen‚ Gleaton‚ Egan‚ Jones & Sweeney‚ LLP
1 file
Daubert's testing factor
1.1 MB 10 pages White Paper
PDF - Daubert's testing factor
-Mr. Joseph J. Ortego
Partner
Nixon Peabody LLP
1 file
Challenging the Admissibility of Plaintiff’s Expert: Delivering the Knock-out Punch in an Automotive Products Liability Case
1.1 MB 30 pages Presentation
PDF - Challenging the Admissibility of Plaintiff’s Expert: Delivering the Knock-out Punch in an Automotive Products Liability Case
Michelle Schaffer
Shareholder
Campbell Campbell Edwards & Conroy
1 file
DAUBERT IN AUTOMOTIVE LITIGATION OVER THE PAST 12 MONTHS
67.5 KB 12 pages Presentation
DOC - DAUBERT IN AUTOMOTIVE LITIGATION OVER THE PAST 12 MONTHS
15:45
Afternoon Refreshment Break
16:00
Winning Over the Jury: Strategies for Overcoming the Hurdles Inherent in Defending Automotive Product Liability Litigation
Mr. Nicholas J. Durisek, Ph.D.‚ P.E.

Dynamic Analysis Group LLC
Mr. Anthony J. Monaco
Partner
Swanson‚ Martin & Bell‚ LLP
Mr. Joel H. Smith
Partner
Nelson Mullins Riley & Scarborough LLP
17:00
Conference Adjourns
8:00
Continental Breakfast
8:30
Opening Remarks from the Chair
8:45
A View From the Bench: U.S. District Court Judges' Views on Effective Theories/Defenses‚ Daubert and Evidentiary Approaches‚ and Deciding Cases Early
The Honorable Nancy G. Edmunds
United States District Judge
U.S. District Court‚ Eastern District of Michigan
The Honorable David Alan Ezra

U.S. District Court‚ District of Hawaii
The Honorable W. Louis Sands

U.S. District Court‚ Middle District of Georgia
Hon. Richard Mills

U.S. Dist. Ct. C.D. Ill.
1 file
Mercer Law Review Summer 1998
115 KB 12 pages White Paper
DOC -    Mercer Law Review Summer 1998
Mr. Lance B. Williams
Director
McCranie‚ Sistrunk‚ Anzelmo‚ Hardy‚ Maxwell & McDaniel‚ PC
10:30
Morning Coffee Break
10:45
A View from the Bench (Part II): Federal Magistrate Judges Speak Out on E-Discovery‚ Document Holds‚ Burden Issues and More
The Honorable Joe B. Brown
United States Magistrate Judge
U.S. District Court‚ Middle District of Tennessee
-Hon. F.A. Gossett III
U.S. Dist. Ct., D. Neb.
The Honorable Mildred Methvin
Magistrate Judge (recall)
United States District Court Middle, District of Pennsylvania
The Honorable James P. O'Hara
United States District Court, District of Kansas
Mr. Barry C. Toone
Partner
Bowman and Brooke LLP
12:15
Networking Luncheon for Speakers and Delegates
13:30
Crashworthiness: Defending Against Plaintiff Claims Relating to Automotive Design
Gerard Cedrone
Shareholder
Lavin‚ O'Neil‚ Ricci‚ Cedrone & DiSipio
1 file
Automotive Product Liability Litigation
2.8 MB 18 pages Presentation
PPT - Automotive Product Liability Litigation
Larry Grayson
Partner
Hartline‚ Dacus‚ Barger‚ Dreyer & Kern‚ L.L.P.
1 file
Automotive Product Liability Litigation
2.8 MB 18 pages Presentation
PPT - Automotive Product Liability Litigation
Mr. Brian T. Smith
Member
Dykema Gossett PLLC
1 file
Automotive Product Liability Litigation
2.8 MB 18 pages Presentation
PPT - Automotive Product Liability Litigation
Amir Nassihi
Attorney
Shook‚ Hardy & Bacon L.L.P.
1 file
Automotive Product Liability Litigation
2.8 MB 18 pages Presentation
PPT - Automotive Product Liability Litigation
14:45
Afternoon Refreshment Break
15:00
Defending Against Automotive Product Liability Claims in a Tumultuous Market: Impact of Bankruptcy on Plaintiffs, Manufacturers, Suppliers, and Dealerships
Mr. Jerry L. Johnson
Assistant General Counsel
Robert Bosch LLC
1 file
Defending Against Automotive Product Liability Claims: The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
870 KB 30 pages Presentation
PPT - Defending Against Automotive Product Liability Claims:  The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
Mr. Raphael C. Taylor
Partner
Johnson‚ Spalding‚ Doyle‚ West & Trent‚ L.L.P.
1 file
Defending Against Automotive Product Liability Claims: The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
870 KB 30 pages Presentation
PPT - Defending Against Automotive Product Liability Claims:  The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
Mr. J. Tracy Walker‚ IV
Partner
McGuireWoods LLP
1 file
Defending Against Automotive Product Liability Claims: The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
870 KB 30 pages Presentation
PPT - Defending Against Automotive Product Liability Claims:  The Impact of Bankruptcies on Plaintiffs, OEMs, Supplier and Dealerships
16:00
Defending Against Claims Involving Electronic Stability Control (ESC)
Ms. Emily Frascaroli
Attorney
Ford Motor Company
1 file
THE DEFENSE OF CLAIMS INVOLVING ELECTRONIC STABILITY CONTROL
2.4 MB 30 pages Presentation
PPT - THE DEFENSE OF CLAIMS INVOLVING ELECTRONIC STABILITY CONTROL
Mr. John A. Krivicich
Partner
Donohue Brown Mathewson & Smyth LLC
1 file
THE DEFENSE OF CLAIMS INVOLVING ELECTRONIC STABILITY CONTROL
2.4 MB 30 pages Presentation
PPT - THE DEFENSE OF CLAIMS INVOLVING ELECTRONIC STABILITY CONTROL
17:00
Conference Ends