Your Case Is Set For Trial Should You Go For It? January 16, 2012 Anaheim, California. Sponsored by McDermott Will & Emery LLP
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1 Your Case Is Set For Trial Should You Go For It? January 16, 2012 Anaheim, California Sponsored by McDermott Will & Emery LLP Moderator: Derrick Meyers, McDermott Partner Panelists: Jon Dean, McDermott Partner Jessica Smith, McDermott Partner Melanie Frank, Associate General Counsel, TVG Network #IHCC12 1
2 Should You Go For It? How many other, similar cases are pending? _2 2
3 Should You Go For It? Will a settlement encourage other plaintiffs? _3 3
4 Should You Go For It? Is this a jury case? _4 4
5 Should You Go For It? If an IP case, what unique issues are presented? _5 5
6 Should You Go For It? How disruptive will the trial be to the company? _6 6
7 Should You Go For It? Are there matters of principle involved? _7 7
8 Should You Go For It? Is your company a regulated industry? _8 8
9 Should You Go For It? Is a sale of the company on the horizon? _9 9
10 Should You Go For It? Are fees and costs an issue? _10 10
11 Panelists Derrick Meyers McDermott Will & Emery / Partner / rmeyer@mwe.com Jessica Smith McDermott Will & Emery / Partner / jsmith@mwe.com Jon Dean McDermott Will & Emery / Partner / jdean@mwe.com Melanie Frank TVG Network, Associate General Counsel _11 11
12 9 th Annual In-House Counsel Conference January 16, 2013 (Anaheim, CA) _12
13 Derek J. Meyer Partner Chicago, Los Angeles T: (Chicago) T: F: (Chicago) F: Derek J. Meyer ( Rick ) is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm s Chicago and Los Angeles offices. He is a member of the Trial Department and serves as its Marketing Partner. Rick has tried or arbitrated nearly 30 large matters in Illinois, New York, Florida, California, Pennsylvania, Colorado, Georgia, Delaware, Utah and Iowa. Widely varied, these cases generally fell within the description of complex commercial litigation. Rick has been cited by the Illinois Law Bulletin for his extraordinary creativity and unusual ability to handle all of the litigation and negotiation aspects of a series of highly complex problems under trying procedural circumstances. Benefiting from perspectives earned from his active trial practice, Rick also has extensive experience evaluating cases in a variety of contexts, including the valuation of lawsuits against targets in M&A transactions, assisting existing trial counsel with settlement valuations and trial strategies, and assuming responsibility for trying cases previously defended by other law firms. Other Representative Experience Intellectual Property: Rick and his partner, Jeff Stone, won a bet the company patent dispute in December 2007 on behalf of a biotech company in an arbitration brought by the licensor of certain patents relevant to the treatment of disease by targeting and destroying proteins. Rick also first chaired and won a patent licensing dispute in 2004 between two different biotech companies relating to similar patents. Professional Liability: Rick first-chaired the defense of one of the United States largest law firms in 13 related arbitrations alleging securities fraud. After four years defending the claims of more than 300 separate plaintiffs seeking over $200 million, the matters settled for an amount roughly equal to future defense costs. He also serves as lead national defense counsel for a large architect/engineering firm in asbestos litigation. Class Actions: Rick conceived and first-chaired a $410 million interpleader action filed by the United States leading tobacco companies against the hundreds of plaintiffs attorneys who represented the States in the industry-wide tobacco litigation. The successful resolution of this action involved the entry of two separate injunctions enjoining competing lawsuits, the certification of three defendant classes, and the dismissal with prejudice of $2.8 billion in counterclaims without payment by the plaintiff tobacco companies. In 2007, Rick also served as lead national defense counsel for James Frey in over 15 consolidated class actions relating to the sale of Mr. Frey s book, A Million Little Pieces. At a prior firm, Rick was a plaintiffs antitrust class action lawyer. Injunctive Relief: On numerous occasions, Rick has successfully obtained a TRO, preliminary injunction and/or a permanent injunction barring wineries from terminating long-term agreements with the firm s client, a wine marketing company. In 2006, Rick also defeated an effort by an incumbent pharmaceutical company to enjoin a leading pharmaceutical provider from selling pharmaceutical products to Cook County, Illinois pursuant to a new $276 million contract. Appellate: Rick successfully argued a $625 million appeal before the Supreme Court of New York, First Department, on behalf of three leading tobacco companies. In addition, Rick was invited to serve as one of two lawyers who conducted a mock appellate argument before a panel of judges from the U.S. Court of Appeals for the Seventh Circuit at the ABA s annual convention in Rick has also authored a number of articles, including Express Federal Preemption: Where Is It After Cipollone? 59 Defense Counsel Journal 491 (October 1992); Preemption Succeeds With OTC Drug Labeling, 6 Leader s Product Liability Law and Strategy 1 (December 1991); and Redefining the New Value Exception to the Absolute Priority Rule in Light of the Creditors Bargain Model, 24 Indiana Law Review 417 (1991). He is also the principal author of the Discovery chapter for the Illinois Institute for Continuing Legal Education s treatise, Federal Civil Practice (2000 & Supp. 2006). Rick was listed in Law Bulletin Publishing Company s Under 40 feature publication.
14 Education Indiana University School of Law, J.D., ( magna cum laude), 1991 Indiana University, B.S., 1988 Related Services Class Action Intellectual Property Professional Responsibility Trial Related Information Media Mentions Press Releases 2013 McDermott Will & Emery
15 Jon Dean Partner Los Angeles T: F: Jon Dean is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm s Los Angeles office. He represents corporations and their directors, officers and professionals in class actions, shareholder derivative actions, SEC enforcement proceedings, employment matters, unfair competition and consumer actions, IP matters and business crimes. He also defends publicly traded and nonprofit healthcare institutions in connection with fraud and abuse issues and other complex litigation matters. During his career, Jon has served as lead trial counsel on both complex civil actions and criminal matters. Some of Jon s noteworthy cases include: Trial counsel or co-counsel for the prosecution in connection with various types of criminal matters while serving as a Deputy District Attorney, including narcotics matters, cases involving violent crimes, arson investigations, check and banking fraud matters, and other fraud-related actions. Trial counsel or co-counsel on high profile matters filed in both state and federal courts involving misdated stock options by NASDAQ and NYSE companies, including his work on shareholder derivative and class action securities litigation involving the largest Restatement issued to date. He also helped secure the historic dismissal of federal criminal charges and a related SEC action pending against his client in connection with that matter. Trial counsel in successfully decertified class action case involving allegations of consumer fraud and improper labor practices against a major marketing and distribution company. During the third week of trial, the fifteen named plaintiffs dismissed their case in its entirety and received no award of damages. Trial counsel for NASDAQ company involving alleged breaches of founding partnership agreements and related employment contracts. After a trial lasting more than two months, the jury returned a complete defense verdict in favor of his client. At the time, this was one of the longest jury trials in the Northwestern Division of the Los Angeles County Superior Court. Trial counsel for major hospital system in a qui tam action involving nineteen separate allegations of Medicare fraud and abuse, as well as a claim of unlawful retaliation. After securing the dismissal of all but two of the nineteen claims, the matter was resolved with the dismissal of all claims and a confidential settlement solely related to the non-fraud based retaliation claim. Trial counsel for NASDAQ listed technology company in successful defense of a state court litigation matter involving breach of contract claims, tort claims, and employment-related claims. Counsel for defense in a qui tam action against a northwest hospital system involving allegations of Medicare fraud and abuse, as well as state and federal claims of unlawful retaliation against the Plaintiff-Relators. Jon helped secure a nearly seven figure award of attorneys fees and costs against Plaintiffs in connection with the improper substitution of an expert witness. This is one of the largest known expert-related award of sanctions in the United States District Court for the District of Idaho. Counsel for a foreign government agency in connection with the misappropriation of trademarks and copyrights relating to a well-known foreign brand. The investigation and related litigations spanned across three continents and involved approximately one hundred percipient witnesses located throughout Asia, Europe and North America. Counsel for plaintiffs in connection with the successful litigation of a RICO action filed against a major Southern California parking company in Los Angeles Superior Court. This is one of the few cases in the State of California in which the civil RICO allegations in a state court fraud and labor law action survived dispositive motion practice. The matter was successfully resolved prior to any appeal. Counsel for healthcare client in the successful defense of an arbitration action involving allegations of improper stock pricing and related derivative claims. After confirming the arbitrator s finding for his client, as well as a seven figure fee award, the matter was successfully resolved on appeal. Counsel in the successful defense of shareholders class actions and derivative actions, including both federal and state securities actions involving healthcare companies and technology firms. Counsel in the successful defense of professionals and directors of technology companies, manufacturing firms, healthcare systems, financial institutions, import companies and government contractors in actions or investigations pursued by federal and state agencies, as well as local law
16 enforcement. Jon previously served as a Deputy District Attorney. While working for the District Attorney s office, he successfully prosecuted numerous criminal cases and worked closely with law enforcement during the government s investigation of those matters. Since leaving the Office of the District Attorney, he has represented companies and individuals in connection with civil and criminal government investigations, including investigations by the U.S. Department of Justice, the Securities & Exchange Commission, the Office of Inspector General and local district attorneys regarding alleged False Claims Act violations, securities matters, fraud-related matters, trade secrets matters and OSHA violations. Jon also currently devotes a substantial amount of his practice to complex civil litigation matters in both state and federal courts, including health care fraud and abuse actions involving both Medicare and Medicaid reimbursement matters, qui tam litigation, related whistleblower and antiretaliation actions, and cases relating to alleged violations of the Anti-Kickback Statute. His clients include both publicly traded and nonprofit providers of hospital, SNF, TCU and therapy services. Immediately after law school, Jon served as law clerk to the Honorable Judge A. Andrew Hauk, Senior Judge and Chief Judge Emeritus, United States District Court, Central District of California (Los Angeles). In law school, Jon won U.C. Berkeley s prestigious James Patterson McBaine Honors Moot Court Competition. Also during law school, he worked for the Honorable Judge Saundra Brown Armstrong, United States District Court, Northern District of California (San Francisco). Jon is admitted to practice in California and is active in the Los Angeles legal community. He is a member of the Los Angeles County Bar Association and the Mexican American Bar Association. He also currently serves as chair of the Los Angeles office s Pro Bono Committee, and serves on the boards of directors of the Legal Aid Foundation of Los Angeles (LAFLA) and the Western Justice Center (WJC). For the fourth straight year, Jon was recognized in Benchmark Litigation: The Definitive Guide to America s Leading Litigation Firms and Attorneys. Education University of California, Berkeley, School of Law, J.D., 1996 University of California-Los Angeles, B.A., 1992 Related Services Class Action Foreign Corrupt Practices Act (FCPA) and International Anticorruption Health Care Litigation Intellectual Property Labor & Employment Trial White-Collar & Securities Defense Related Information Accolades Events Media Mentions Press Releases Publications 2013 McDermott Will & Emery
17 Jessica Cullen Smith Partner Los Angeles T: F: Jessica Cullen Smith is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm s Los Angeles Office. She is a founder and co-chair of the Electronic Data Management, Privacy & Discovery group. Jessica focuses her practice on electronic discovery and related issues. Jessica regularly works with clients in a broad spectrum of industries to develop practical, cost-effective strategies for managing the complex challenges that electronic data presents in many disputes. Jessica also assists clients with records management counseling before litigation commences. She has experience in handling transactional matters for media and entertainment companies. Jessica s past experience includes work on the acquisition of television stations; the acquisition, sale and distribution of cable channels; the creation of international joint ventures for the distribution of sports programming; financing arrangements for media companies; and the acquisition, sale and licensing of various media properties. Jessica is an active member of the Sedona Conference's Working Group on Electronic Document Retention and Production. She is a vice-chair of the American Bar Association Corporate Compliance Committee and serves as co-chair of its Subcommittee on Document Retention and Electronic Documents. She is also a Fellow of the American Bar Foundation. Jessica serves on the Firm's Gender Diversity Committee, the Professional Responsibility Committee, the Professional Liability Committee and the Associate Development Committee. She was recognized by the Firm as an outstanding mentor from 2006 to In 2009, Jessica assisted in launching the Women's Leadership and Mentoring Alliance on the West Coast. Jessica is admitted to practice in California and Massachusetts. Education Boston University School of Law, J.D., (magna cum laude), 1991 Vassar College, B.A., 1985 Related Services Advertising, Promotions & Entertainment Discovery and Dispute Services Center Intellectual Property Licensing Privacy and Data Protection Sports - M&A Related Information Events Media Mentions Press Releases
18 2013 McDermott Will & Emery
19 Melanie Sims Frank Melanie Sims Frank is the Associate General Counsel for TVG Network, a subsidiary of Betfair Group plc, a UK based company. TVG Network is a television station dedicated to horseracing that is broadcast in over 35 million households and TVG Network is a legal online gambling company that accepts pari-mutuel wagers from consumers in 19 states. Ms. Frank is responsible for managing the day to day operations of TVG Network which includes overseeing litigation and negotiating contracts on a variety of broadcast and interactive wagering matters including: cable, television, new media, intellectual property, rights/licenses, and releases. Ms. Frank provides strategic counsel to both Betfair U.S. and TVG Network which includes offices located in Los Angeles and San Francisco, California; Beaverton, Oregon; and Louisville, Colorado. Prior to joining TVG Network, Ms. Frank served as Director of Legal Affairs and Litigation for Gemstar TV Guide International Inc, where she managed complex litigation matters, budget and accruals, outside counsel and internal legal staff for cases involving Gemstar TV Guide, the TV Guide Channel and Magazine as well as TVG Network. She began her legal career as a Federal District Court law clerk for the Honorable Philip M. Pro in Las Vegas, Nevada before joining Skadden, Arps, Slate Meagher & Flom as a corporate associate. Ms. Frank is currently on the Board of Directors of Association of Corporate Counsel So Cal and a member of the National Bar Association. Ms. Frank is a Cum Laude graduate from Howard University School of Law.
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Firm Overview Founded in 1976, Grimm, Vranjes & Greer LLP is an AV rated law firm located in San Diego, California. Since our founding we have built and maintained strong ties throughout Southern California.
More informationCatharine Biggs Arrowood Partner
Catharine Arrowood litigates and arbitrates for both large and small businesses and has considerable experience with regulated companies. She focuses on resolving problems that threaten the viability of
More informationJamie A. Levitt PARTNER EDUCATION BAR ADMISSIONS CLERKSHIPS PRACTICES
Jamie A. Levitt PARTNER 250 WEST 55TH STREET NEW YORK, NY 10019-9601 (212) 468-8203 JLEVITT@MOFO.COM EDUCATION UNIVERSITY OF PENNSYLVANIA (B.A., 1988) COLUMBIA LAW SCHOOL (J.D., 1992) BAR ADMISSIONS NEW
More informationRobert D. Luskin. Washington, D.C. Practice Areas. Admissions. Education. Partner, Litigation Department
Robert D. Luskin Partner, Litigation Department robertluskin@paulhastings.com Robert Luskin is a partner in the Investigations and White Collar Defense practice at Paul Hastings and is based in the firm
More informationBeverley S. Braun, Esq.
Rochester Beverley S. Braun, Esq. HSBC Bank of USA Beverley S. Braun is Senior Legal Counsel at HSBC. She previously was a litigation partner at Jaeckle Fleischmann & Mugel, LLP, where she and concentrated
More informationJoseph Arellano Principal
Principal Bank of America Financial Center 121 SW Morrison Street 11th Floor Portland, OR 97204-3141 T 503.553.3118 F 503.226.0259 jarellano@gsblaw.com Professional services clients rely on Joe s sound
More informationJames C. Clark Partner
James C. Clark Partner Warrington, PA Tel: 215.918.3565 Fax: 215.345.7507 jcclark@foxrothschild.com Jim is an experienced litigator who has represented clients in numerous industries in a wide array of
More informationLaura A. Lindner. Focus Areas. Overview
Shareholder 111 East Kilbourn Avenue Suite 1000 Milwaukee, WI 53202 main: (414) 291-5536 direct: (414) 291-4038 fax: (414) 291-5526 llindner@littler.com Focus Areas Litigation and Trials Discrimination
More informationHolly M. Robbins. Focus Areas. Overview
Shareholder 1300 IDS Center 80 South Eighth Street Minneapolis, MN 55402 main: (612) 630-1000 direct: (612) 313-7631 fax: (612) 630-9626 hrobbins@littler.com Focus Areas Discrimination and Harassment Whistleblowing
More informationJennifer A. Creedon. Jennifer A. Creedon Partner Boston, Massachusetts
Jennifer A. Creedon Jennifer A. Creedon Partner Boston, Massachusetts Direct: (857) 957-0683 Phone: (617) 227-3240 Fax: (617) 227-3346 jcreedon@mmmk.com Download vcard LinkedIn Jennifer Creedon is a trial
More informationKevin S. Mullen. Focus Areas. Overview
Shareholder 100 Congress Avenue Suite 1400 Austin, TX 78701 main: (512) 982-7250 direct: (512) 982-7253 fax: (512) 982-7248 kmullen@littler.com 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201
More informationDavid Chu. Matters. Proskauer.com. Partner. Hong Kong
Contact David Chu Partner Hong Kong +852.3410.8028 dchu@proskauer.com David Chu is a partner and heads our Litigation practice in Hong Kong and China. David's practice focuses on regulatory enforcement
More informationMarc J. Goldstein. Principal Federal Street, Suite 1600, Boston, MA, 02110
Marc J. Goldstein Principal mgoldstein@bdlaw.com +1.617.419.2315 155 Federal Street, Suite 1600, Boston, MA, 02110 Marc helps clients resolve problems and disputes arising from environmental contamination
More informationTheodore A. Schroeder. Focus Areas. Overview
Office Managing Shareholder EQT Plaza 625 Liberty Avenue, 26th Floor 15222 main: (412) 201-7600 direct: (412) 201-7624 fax: (412) 456-2377 tschroeder@littler.com 707 Virginia Street East Suite 1010 Charleston,
More informationEmma Cano Member
ARS Emma Cano Member ECano@JeffersonCano.com 112 East Pecan Street, Suite 1650 San Antonio, Texas 78205 T 210.988.1801 F 210.988.1801 Areas of Practice Litigation/Trial Practice Business/Commercial Litigation
More informationClaudia H. Allen. Partner Chicago. p Practices. Recognition. Education. Selected Experience
Claudia H. Allen Partner claudia.allen@kattenlaw.com Chicago p +1.312.902.5432 Practices FOCUS: Governance Mergers and Acquisitions Recognition Best Lawyers in America, 2012 2017 The International Who's
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I N A U G U R A L E V E N T May 31, 2000, at 3:30 p.m. New Jersey Department of Law & Public Safety I want it to become known that the Attorney General s Office offers the best training an attorney can
More informationCharles A. Powell IV. Focus Areas. Overview
Shareholder 420 20th Street North Suite 2300 Birmingham, AL 35203 main: (205) 421-4700 direct: (205) 421-4703 fax: (205) 421-4699 cpowell@littler.com Focus Areas Discrimination and Harassment Litigation
More informationJohn H. McDowell, Jr.
BIOGRAPHY Partner johnmcdowell@andrewskurth.com Dallas 1717 Main Street, Suite 3700, Dallas, TX 75201 P: +1.214.659.4735 F: +1.214.659.4401 John McDowell is a first-chair trial lawyer hired for complicated,
More informationHERSHORIN & HENRY, LLP. Thomas S. Van Contract Partner
HERSHORIN & HENRY, LLP ATTORNEYS AT LAW IS PLEASED TO ANNOUNCE THAT Thomas S. Van Contract Partner HAS JOINED OUR FIRM Mr. Van has over 14 years of experience in successfully handling Business Litigation,
More information8/12/2016. Moderator Bio. Visit the ABA Legal Career Central Job Board to:
Career Paths to the Bench August 12, 2016 1pm ET 1 Moderator Bio Christopher G. Browning, Jr. is the Chair of the Lawyers Conference of the ABA s Judicial Division. Chris is a partner with Troutman Sanders
More information50 West Liberty Street Suite 400 Reno, NV main: (775) direct: (702) fax: (775)
Shareholder 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169 main: (702) 862-8800 direct: (702) 862-7700 fax: (702) 862-8811 phicks@littler.com 50 West Liberty Street Suite 400 Reno, NV 89501 main:
More informationMESHACH Y. RHOADES. PARTNER Denver, CO
MESHACH Y. RHOADES PARTNER Denver, CO 720.722.7195 mrhoades@armstrongteasdale.com Meshach Rhoades is a partner in the firm s Litigation practice group. She is an experienced litigator and trusted advisor
More informationKarimah J. Lamar. Focus Areas. Overview. 501 West Broadway Suite 900 San Diego, CA main: (619) fax: (619)
Special Counsel 501 West Broadway Suite 900 San Diego, CA 92101 main: (619) 232-0441 fax: (619) 232-4302 klamar@littler.com Focus Areas Discrimination and Harassment Leaves of Absence and Disability Accommodation
More informationBloomberg BNA Professional Learning Legal Course Catalog OnDemand Programs
Bloomberg BNA Professional Learning Legal Course Catalog OnDemand Programs Antitrust 1. Anti-Counterfeiting for Licensed Products: What You Don't Know Can Hurt Your Business 2. Antitrust Investigations:
More informationJ. Scott Newton. Overview. Shareholder
J. SCOTT NEWTON Shareholder Scott Newton has more than 25 years of experience investigating, prosecuting or defending federal criminal and civil allegations and violations as a Special Agent with the Federal
More informationFermin H. Llaguno. Focus Areas. Overview
Shareholder 2050 Main Street Suite 900 92614 main: (949) 705-3000 direct: (949) 705-3001 fax: (949) 724-1201 fllaguno@littler.com Focus Areas Wage and Hour Class Actions Discrimination and Harassment Leaves
More informationWho s On First? Understanding Insolvency. SFS Law Group Insolvency Insights. November 2008
Attorney and Counselor at Law P.O. Box 77071 Charlotte, NC 28271-7000 Tel: 704-780-1544 Fax: 704-973-0043 dennis.odea@sfslawgroup.com www.sfslawgroup.com is the principal officer of the SFS Law Group.
More informationMichael F. Donner Partner
A litigator with a leading national reputation, Michael specializes in the disposition and resolution of challenging commercial disputes. His practice is broad and encompasses numerous subject matter areas,
More informationAnthony D. Rizzotti. Focus Areas. Overview
Shareholder Co-Chair, Healthcare Industry Group One International Place Suite 2700 Boston, MA 02110 main: (617) 378-6000 direct: (617) 378-6009 fax: (617) 737-0052 arizzotti@littler.com One Financial Plaza
More informationMichelle Peirce. Barrett & Singal P.C. One Beacon Street, Suite 1320 Boston, MA T F
PRACTICE AREA: LITIGATION Michelle R. Peirce is Co-Chair of the firm s Litigation practice, devoting her time equally to complex civil litigation and white-collar criminal defense. She is a past president
More informationMark W. Robbins. Focus Areas. Overview
Shareholder 2049 Century Park East 5th Floor Los Angeles, CA 90067 main: (310) 553-0308 direct: (310) 772-7227 fax: (310) 553-5583 mrobbins@littler.com Focus Areas Labor Management Relations Business Restructuring
More informationBRENT CASLIN, Partner. BRENT CASLIN Partner
BRENT CASLIN, Partner Brent Caslin manages commercial and intellectual property disputes. He has tried civil and criminal cases, argued before state and federal appellate courts, and represented clients
More informationCalifornia Law Update
2011 Sacramento Legal Seminar and Webinar Thursday, November 10, 2011 Hosted by Low, Ball and Lynch California Law Update Highlighting recent California Supreme Court Howell and Seabright decisions by
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