Day 1 - Thursday, June 15, 2017

7:45
Registration and Continental Breakfast
8:45
Co-Chairs Welcoming Remarks
9:00
In-House for Manufacturers and Suppliers Speak Out on Managing Outside Counsel, Reducing Costs, and Formulating Early Defense Strategy
10:20
Morning Break
10:50
Advances in Technology in Black Box, Data Downloads, and Electronic Data Recorders
11:30
Practical Pointers on Experts: Examining Rule 26 on Experts, Effective Cross-Examination Techniques, Sharing of Experts, and Developing Qualified Newer Experts
12:10
Lunch for Speakers and Attendees
1:10
Recalls and Class Action Litigation: MDL Litigation, Similar Incidents (OSI) Cases, and No Injury Class Action Suits
2:20
Factoring New and Anticipated Regulatory Initiatives Into Your Litigation Strategy
3:10
Afternoon Break
3:30
Personal Jurisdiction Challenges Including Discussion and Examination of Key US Supreme Court Cases
4:40
Cyber Security & Data Privacy and Protection in the Automotive Context
5:10
Conference Adjourns

Day 2 - Friday, June 16, 2017

8:00
Continental Breakfast
8:45
Co-Chairs’ Welcome and Recap of Day 1
9:00
View From the Bench
10:10
Morning Break
10:30
Self Driving/Autonomous Vehicles: Advancements in Technology, Complex Insurance Issues, Shared Vehicles, Engineering Design, Regulatory Concerns, Ethical Considerations, and Litigation Risk
11:30
The Latest Nuances on Defending Typical Defect Theories: Belt Restraint, Airbag, and Seat Back Strengths
12:10
Ensuring Confidentiality in the Litigation of Automotive Claims, Protecting Work Product in a Discovery Dispute, and Using Arbitration to Your Advantage
12:40
Conference Ends

Day 1 - Thursday, June 15, 2017

7:45
Registration and Continental Breakfast
8:45
Co-Chairs Welcoming Remarks

Thomas P. Branigan
Managing Partner
Bowman and Brooke LLP

John Isaac Southerland
Partner
Huie Fernambucq & Stewart LLP

9:00
In-House for Manufacturers and Suppliers Speak Out on Managing Outside Counsel, Reducing Costs, and Formulating Early Defense Strategy

Speakers

Nicole K. Schwieterman
Litigation Counsel
Cooper Tire & Rubber Company

Jason Erb
Assistant General Counsel
Hyundai Motor America

Donald R. Parshall Jr.
Senior Counsel
Nissan North America

James G. Derian
Corporate Counsel
Delphi Automotive Systems, LLC

David Dumas
Chief Counsel – Litigation
Bridgestone Americas, Inc.

Steve Taub
Assistant General Counsel
U-Haul International Legal Department

Steve Grey
Chief Counsel - Product Legal
Isuzu North America, Inc.

Chris S. Egner
Attorney in the Global Expert Team, Product Liability/Product Integrity
Continental

Moderator

H. Grant Law
Partner
Shook, Hardy & Bacon L.L.P.

  • Examining the Changing Landscape of Automotive Product Liability and the Newest Trends in Claims Being Asserted
  • Expertise and Coordination with Outside Counsel
  • Managing Legal Costs, Including Outside Counsel Fees
  • Case Evaluation
  • In-House Perspectives on Selection and Evaluation of Outside Counsel

10:20
Morning Break
10:50
Advances in Technology in Black Box, Data Downloads, and Electronic Data Recorders

Robert F. Chapski
Shareholder
Lewis, Thomason, King, Krieg & Waldrop, P.C

Peter J. Fazio
Partner
Aaronson Rappaport Feinstein & Deutsch, LLP

  • What is the latest advances in technology for black box and electronic data records?
  • Data and information gleaned from these devices
  • Pre-suit or pre-litigation strategies
  • Data downloads and difficulty of defending cases when there are issues with retrieving information

11:30
Practical Pointers on Experts: Examining Rule 26 on Experts, Effective Cross-Examination Techniques, Sharing of Experts, and Developing Qualified Newer Experts

Gerard Cedrone
Shareholder
Lavin, O’Neil, Cedrone & DiSipio

Thomas N. Vanderford Jr.
Associate General Counsel, Executive Director, Litigation
Hyundai Motor America

Cross-Examination

 

  • Creating the right defense strategy to effectively cross examine Plaintiff’s expert and exclude their testimony
  • Responding to Plaintiff’s proposed vocational expert New Experts
  • How to find newer experts as the aging population of older experts retire
  • Addressing the aging population of routinely utilized experts and developing/herding qualified newer experts

12:10
Lunch for Speakers and Attendees
1:10
Recalls and Class Action Litigation: MDL Litigation, Similar Incidents (OSI) Cases, and No Injury Class Action Suits

Colin P. Smith
Partner
Holland & Knight LLP

Maureen Doerner Fogel
Member
Herzelf & Rubin, P.C.

S. Vance Wittie
Counsel
Drinker Biddle & Reath LLP

Terri S. Reiskin
Member
Dykema Gossett PLLC

Recalls & MDL

 

  • Lessons learned from recent MDL litigation cases involving air bags and emissions
  • Federal MDL v. State MDL cases
  • Developing a strategy when plaintiff gets notice of a recall after an accident
  • What is the litigation strategy for recall cases?: Strategies for helping the jury understand that despite recall company acted reasonably in terms of timing and notification of issuance of recall; Punitive
    damages
  • Plaintiffs bring other claims who are in similar accidents or have similar issues
    • Evidentiary issues
    • Issues of defect

 

Class Action Litigation

  • What cases are recently decided and brewing that will directly affect manufacturers and consumers? Where is the battleground today and for the near future in Class Actions?
  • Voluntary actions undertaken by a manufacturer to moot a class action law suit: Motion practice; Voluntary recalls; Repairing the defect free of charge; Reimbursement to consumer
  • Continuing impact of Spokeo
  • Examining the shift from individual product liability cases to class action litigation

2:20
Factoring New and Anticipated Regulatory Initiatives Into Your Litigation Strategy

Kerry Kolodziej
Acting Assistant Chief Counsel for Litigation & Enforcement Department of Transportation
National Highway Traffic Safety Administration

Matthew H. Marmolejo
Partner
Mayer Brown

  • Guidance from NHTSA on autonomous vehicles
  • Legal update on case law trends
  • Ensuring your client has the right conversations with the regulators

3:10
Afternoon Break
3:30
Personal Jurisdiction Challenges Including Discussion and Examination of Key US Supreme Court Cases

Jeffrey M. Croasdell
Director
Rodey, Dickason, Sloan, Akin, & Robb, PA - Albuquerque

Dennis P. Ziemba
Member, Co-chair Product Liability
Eckert Seamans Cherin & Mellott, LLC

Kevin C. Schiferl
Member
Frost Brown Todd LLC

Paul Wojcicki
Shareholder
Segal McCambridge Singer & Mahoney, Ltd.

  • What are the new court rulings and Supreme Court cases on personal and general jurisdiction?
  • Interpreting the Daimler case: What is the definition of “being at home”?; Defining principal place of business
  • Have the courts being following Daimler?: Identifying cases that are the outliers
  • Interpretation and analysis of the Bowman case
    • Systematic contacts necessary to establish personal jurisdiction
    • Doing business in the state and requiring corporate office
    • Amount of discovery needed to establish defendant contact in state, corporate headquarters

4:40
Cyber Security & Data Privacy and Protection in the Automotive Context

David M. Rice
Partner
Squire Patton Boggs (US) LLP

  • Hacking into cars
  • Data security for large corporations in the industry
  • Secure networks
  • Cyber security threats with information gleaned from black box, electronic recorders, and other data downloads
  • Apps that connect consumer with the vehicle and the associated risks
  • NHTSA guidance on cyber security

5:10
Conference Adjourns

Day 2 - Friday, June 16, 2017

8:00
Continental Breakfast
8:45
Co-Chairs’ Welcome and Recap of Day 1
9:00
View From the Bench

judges

Hon. Roslyn O. Silver
Senior District Judge
U.S. Dist. Ct., D Ariz.

Hon. Paul M. Warner

U.S. Dist. Ct., D. Utah

Hon. John W. Madden IV
Second Judicial District Court
Colorado

Hon. Clifton Newman

South Carolina Jud. Dept.

Moderator

Anthony J. Monaco
Partner
Swanson, Martin & Bell, LLP

10:10
Morning Break
10:30
Self Driving/Autonomous Vehicles: Advancements in Technology, Complex Insurance Issues, Shared Vehicles, Engineering Design, Regulatory Concerns, Ethical Considerations, and Litigation Risk

Neal Walters
Partner
Ballard Spahr LLP

Timothy H. Goodman
Principal
Squire Patton Boggs (US) LLP

Thomas P. Branigan
Managing Partner
Bowman and Brooke LLP

  • Identifying the litigation risk
  • NHTSA guidance on autonomous vehicles
  • Validating engineering models to present to government that the vehicles are safe; using Tesla as an example
  • Certain states that are receptive to autonomous vehicles and how this impacts the advances in technology
  • Shared vehicles and how this is not a likely target for product liability but for manufacturer liability
    • Insurance issues
  • Camera technology and digital imagery captured by data recorders
    • Privacy issues related to camera technology
  • Ethical considerations for decisions to be made when considering accidents down the roads
  • How autonomous vehicles have programming/systems installed that determine when or how to avoid accidents
  • Education and information to the public/consumer on safety and operating systems
    • General public safety issues

11:30
The Latest Nuances on Defending Typical Defect Theories: Belt Restraint, Airbag, and Seat Back Strengths

Michelle I. Schaffer
Shareholder
Campbell Campbell Edwards & Conroy Professional Corporation

Spencer P. Hugret
Partner
Gordon Rees Scully & Mansukhani LLP

James J. Yukevich
Partner
Yukevich Cavanaugh

Side Curtain Safety Canopy/Rollover Curtain

  • Combatting the latest claims that defendant should have had a Rollover Safety Canopy/ Curtain in place or sooner and the injuries would have been mitigated if did; should not have been optional;
    should have covered more rows Seat Back Litigation
  • Combatting the latest claims arising out of rear-impact cases in which occupant(s) of the vehicle hit sustain injuries due to the deformation of the front passenger seats

 

Airbag Litigation

  • MDL litigation

 

Belt Restraint

  • Latest litigation trends and claims
  • Defense strategies

12:10
Ensuring Confidentiality in the Litigation of Automotive Claims, Protecting Work Product in a Discovery Dispute, and Using Arbitration to Your Advantage

John Isaac Southerland
Partner
Huie Fernambucq & Stewart LLP

FEATURING 30 MINUTES OF ETHICS CREDITS

 

  • Properly communicating with the client on document retention and production
  • Advising experts on deleting draft opinions that are considered work product
  • Notifying class of arbitration via the internet and whether this satisfies due process
  • Filing motion to compel arbitration by a third party beneficiary (component part manufacturer)
  • Determining whether the claim and product at issue is within the ambit of the contract
  • Allowing the third party beneficiary to arbitrate even though the contract is between the plaintiff and the dealer

12:40
Conference Ends