Workshop A — MDL Defense Strategy War Room: Developing a Tactical Tool-Kit for Managing Unique MDL Challenges and Combatting Meritless Claims

Dec 4, 2023 9:00am – 12:30 PM

Ben Hulse
Norton Rose Fulbright US LLP

Sean Gugerty
Goodell, DeVries, Leech & Dann LLP

Michael Imbroscio
Covington & Burling LLP

Be part of this defense-counsel only strategy session where we will examine the discrete challenges that mass-tort MDLs present. Join us and develop effective tactics for every phase of litigation. Our esteemed workshop panelists will highlight emerging changes and challenges arising in MDL practice in the last year and will guide you through best practices for case management, screening procedures and settlement negotiations. Attend this comprehensive workshop and gain invaluable tools for:

  • Implementing effective strategies for managing discovery, scheduling, case management, pre-trial motions, and bellwether considerations unique to consolidated proceedings
  • Developing tactics for approaching negotiations with plaintiffs’ counsel throughout the MDL process
  • Strategically using screening orders and lone pine orders to limit meritless filings
  • Using social media and online investigation tools to identify and control meritless claims early on
  • Developing an aggressive bellwether trial selection strategy to help cull meritless cases
  • Interlocutory appeals: identifying issues most likely to be raised on appeal as well as best methods to seek reconsideration or appeal of a court ruling
  • Navigating the remand process from transfer to trial
  • Utilizing technological innovations (including AI software) to assess and project settlement values of individual cases
  • Understanding techniques judges are currently using to affect settlement agreements
  • Understanding how defendants (manufacturers, distributors, retailers, etc.) can all play in the MDL sandbox without causing problems for each other