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
Should You Go For It? How many other, similar cases are pending? 2 090701_2 2
Should You Go For It? Will a settlement encourage other plaintiffs? 3 090701_3 3
Should You Go For It? Is this a jury case? 4 090701_4 4
Should You Go For It? If an IP case, what unique issues are presented? 5 090701_5 5
Should You Go For It? How disruptive will the trial be to the company? 6 090701_6 6
Should You Go For It? Are there matters of principle involved? 7 090701_7 7
Should You Go For It? Is your company a regulated industry? 8 090701_8 8
Should You Go For It? Is a sale of the company on the horizon? 9 090701_9 9
Should You Go For It? Are fees and costs an issue? 10 090701_10 10
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 090701_11 11
9 th Annual In-House Counsel Conference January 16, 2013 (Anaheim, CA) www.acc.com/chapters/socal/ 12 000000_12
Derek J. Meyer Partner Chicago, Los Angeles T: +1 312 984 7724 (Chicago) T: +1 310 284 6104 F: +1 312 984 7700 (Chicago) F: +1 310 277 4730 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 2005. 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 2005 40 Under 40 feature publication.
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
Jon Dean Partner Los Angeles T: +1 310 788 4161 F: +1 310 227 4730 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
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
Jessica Cullen Smith Partner Los Angeles T: +1 310 788 4162 F: +1 310 277 4730 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 2007. 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
2013 McDermott Will & Emery
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.