coMMercial litigation INSTITUTE

connect with pbi RegisteR today! 800-247-4724 | www.pbi.oRg

PhilaDelPhia | weD., march 18, 2015

simulcast | weD., march 18, 2015

9:00 am to 4:40 pm; check-in begins at 8:30 am

— LUnch is incLUDeD —

one session each hour will be simulcast to sites other than Philadelphia. See grid on pg. 4 for simulcast topics.

6 cle cRedits/up to 2 ethics cRedits

greensburg, Mechanicsburg, new CastlePittsburgh, Plymouth Meeting, West Chester

8 █ JUDGES TO SPEAK

18 █ TOPICS TO CHOOSE FROM

UP TO █ 2 ETHICS CREDITS

Connect with PBI RegisteR today! 800-247-4724 | www.pbi.oRg2

try soMething neW and earn siX cle credits, including ethics!for the first time, PBi will be off ering an institute specifically geared toward those attorneys who concentrate in the area of commercial litigation in both federal and state courts. a full day of 18 sessions will allow you to tailor a program that is right for your level and area of practice. you will hear from a panel of judges during the opening plenary and conclude your day with an ethics discussion relevant to the complex legal work you do.

coMMercial litigation INSTITUTEPhilaDelPhia | weD., march 18, 2015simulcast | weD., march 18, 2015

PBI is pleased to cosponsor this program with the PBA Civil Litigation Section.

so Many great reasons to attendearn up to two ethics credits ▶

Bridge the gap between legal theory and trial strategy ▶

hear from the bench on the “do’s and don’ts” of commercial practice ▶

Pick up tips on how to identify and prepare expert witnesses who will deliver ▶what you need to win

gain unique insights from a jury expert about the best way to win over the jurors ▶

examine remedies and damages issues ▶

focus on off icer and director liability ▶

review unique areas of Pennsylvania commercial litigation law ▶

discuss the major diff erences between state and federal venues ▶

learn from the experts in this field ▶

tWo great Plenary sessions!

hear Judicial insights █in our opening session, a panel of state and federal judges, including the hon. mary france, hon. mark hornak, hon. Patricia mcinerney and hon. eduardo robreno, with moderator and seasoned litigator stan yorsz, will share common mistakes they see made in commercial cases. discover what valuable insights you can gain from their discussion on jurors, expert witnesses, use of technology in the courtroom, counsel’s requests for extensions and much more!

earn ethics credit! █our ethics plenary session will be interactive and practical. two top litigators, ellen Brotman and kevin raphael, will use short hypotheticals to highlight various challenges you might typically confront when representing corporate entities. they’ll focus on ethical issues that arise when lawyers representing organizations learn that the individuals they’re working with have harmed the entity through mis or malfeasance.

Connect with PBI 800-247-4724 | www.pbi.oRg 3

Planning teaM

william t. hangley, esq.hangley aronChiCk Segal Pudlin & SChiller, PCPhiladelPhia

natalie D. ramsey, esq.MontgoMery MCCraCken Walker & rhoadS, llPPhiladelPhia

sherrie r. savett, esq.Berger & Montague, PC, PhiladelPhia

stanley yorsz, esq.BuChanan ingerSoll & rooney PC, PittSBurgh

hon. michael m. Baylson u.S. diStriCt Court for the eaStern diStriCt of PennSylvania, PhiladelPhia

hon. mitchell s. golDBergu.S. diStriCt Court for the eaStern diStriCt of PennSylvania, PhiladelPhia

hon. Diane m. welsh (ret.) JaMS adr, PhiladelPhia

mary kay Brown, esq.BroWn Wynn MCgarry niMeroff, llC king of PruSSia

hon. mark i. Bernstein Court of CoMMon PleaS, firSt JudiCial diStriCttrial diviSion - Civil, PhiladelPhia

hon. Patricia a. mcinerneyCourt of CoMMon PleaS, firSt JudiCial diStriCttrial diviSion - Civil, PhiladelPhia

hon. mary D. france u.S. BankruPtCy Court for the Middle diStriCt of PennSylvania, harriSBurg

hon. eDuarDo c. roBrenou.S. diStriCt Court for the eaStern diStriCt of PennSylvania, PhiladelPhia

Judicial faculty

a Big thanK youto all of the faculty who volunteer their time and share their knowledge to make this Institute a success!

hon. mark r. hornak u.S. diStriCt Court for the WeSterndiStriCt of PennSylvania, PittSBurgh

the PrograM

9:00 - 9:15 Welcome and introductory remarks

1 Simulcast

9:15 - 10:15 JUDIcIAl PANel

the do’s and don’ts of Commercial litigation – insights from the Bench JuDge france, JuDge hornak, JuDge mcinerney, JuDge roBreno, mr. yorsz (M)

10:15 - 10:30 Break & move to next session

10:3

0 - 1

1:30

2 3 4 5 Simulcast

analyzing & evaluating Cases

Weathering a Jury trial in a Commercial Case: understanding and impacting Jurors

ten things you need to know about Settling Commercial Cases

the inside /outside Counsel relationship

mr. hangley, ms. savett Dr. greeley JuDge welsh, ms. lytle ms. Banks (m), mr. Boczkowskims. congDon, ms. lee

11:30 - 11:40 Break & move to next session

11:4

0 - 1

2:40

6 Simulcast 7 8 9

eff ective depositions and Preparing your Witness to testify

digital dangers: ediscovery in the 21st Century

hot Button issues in Class actions & false Claims act litigation

hot topics in director and off icer liability

mr. hangley mr. weiner, ms. zieg JuDge Baylsonms. savett, mr. sonnenfelD

ms. ramsey, mr. tePPer

12:40 - 1:20 lUNcH (INclUDeD FOR All)

1:20

- 2:

20

10 Simulcast 11 12 13

Cross-examining the expert Witness

how to achieve a great result through alternative dispute resolution

Collecting Judgments – how to get Paid!

examining the tripartite relationship – insurer, insured & Counsel

JuDge Bernstein, mr. BenDesky mr. yorsz ms. mogavero mr. engelmyer, ms. wilkinson

2:20 - 2:30 Break & move to next session

2:30

- 3:

30

14 15 Simulcast 16 17

trial technology – eff ective evidence Presentation in the 21st Century

temporary restraining orders & Preliminary injunctions

remedies and damages in Commercial litigation

Spotting the red flags! – What to do when you uncover irregularities and possible criminal conduct

mr. Decrescenzo JuDge golDBerg, ms. Danoff ms. Brown, mr. scherf ms. Brotman (m), mr. Bolognesemr. zauzmer

3:30 - 3:40 Break & move to next session

3:40

- 4:

40

18 Simulcast

Who do you love? – torn Between the Corporate entity and the Corporate Client

ms. Brotman, mr. raPhael

4

ETHICS

ETHICS

simulcast m – moDerator

9:15 – 10:15 am » JUDICIAL PANEL

1. the do’s and don’ts of Commercial litigation – insights from the BenchJoin a panel of state and federal judges who hear cases across all types of commercial litigation practice. learn some of the most common mistakes they see made in commercial cases; discover what insights they gain from jurors aft er a case is concluded; consider their views on expert witnesses, use of technology in the courtroom, counsel’s requests for extensions and much more! this could be the most valuable hour you spend in a Cle program all year. get tips from Stan yorsz too, our seasoned moderator.

10:30 – 11:30 am » CHOOSE ONE

2. analyzing & evaluating CasesWhether you are being retained to represent plaintiff or defendant in a commercial case, the questions are similar: What are the facts and legal theories?; Who will you represent – individuals, corporate entity or possibly both?; Six months from now, will you still be glad the clients chose you? Will they?; What are the chances of settlement and, if litigation seems likely, in what venue(s) might you be trying the case?; do you/your firm possess the resources and staff ing necessary to handle the matter?; does your firm have ethical or business conflicts? are there conflicts between the clients’ interests?; how do you estimate the cost of the litigation and set a fee with your client?; Will you need experts to assist in developing the claims, and how does that aff ect the economics of the case, especially if it is a contingent fee case?; and the critical issue – how can you tell a ‘winner’ from a ‘loser?’ gain insights from two highly experienced litigators.

3. Weathering a Jury trial in a Commercial Case: understanding and impacting Jurors

What is the climate in the jury room during deliberations on a commercial case? are jurors warming to big corporations more than they used to? or are their attitudes about corporations frozen and unforgiving? do they react to corporate witnesses with a chilly response? this session will focus on the factors that influence how the wind will blow in contract, fraud and business cases in this current environment. the speaker, a veteran jury consultant with 25 years of studying jurors, will review the psychology of how jurors respond to issues in commercial cases, will off er relevant survey data, and will share mock jury clips. discover how to give jurors an unclouded view of the important issues in your commercial case.

4. ten things you need to know about Settling Commercial Cases

Whether you represent a plaintiff or a defendant, this session will provide practical tips for maximizing the settlement potential of commercial cases. topics will include pre-suit settlement negotiations, how to draft pleadings to encourage early settlement, how to get the most out of mediation, and how to secure the participation and cooperation of the defendant’s insurer. learn how to present your case to its maximum advantage while also managing client expectations.

5. the inside/outside Counsel relationship

explore the things inside counsel look for when deciding what firm or lawyer to retain, what things lead to the dissolution of a relationship with outside counsel, and what things are particularly helpful to an ongoing relationship. distinguished panelists include counsel for glaxoSmithkline, vanguard and Sunoco.

11:40 am – 12:40 pm » CHOOSE ONE

6. eff ective depositions and Preparing your Witness to testify

telling a human story in a document-intensive commercial case has always been a challenge, but the video age – when today’s deposition is tomorrow’s video bite at trial -- has made things even more complicated. Preparing your witness (or yourself) has

never been more important or more demanding. this one-hour session will provide an overview of the 21st century commercial case deposition, from document-sift ing and preparation to cross-as-on-direct.

7. digital dangers: ediscovery in the 21st CenturyWith continued advancements in technology and the ongoing digitization of the global workforce, electronic records are at the center of litigation more than ever. Coupled with the staggering volumes of data that are created every day and the judiciary’s lower tolerance for ediscovery ignorance or misconduct, it is no surprise that litigants continue to struggle with meeting ediscovery obligations. understand what you must know about electronically stored information and how to approach eSi in the discovery process, from preservation to production.

8. hot Button issues in Class actions and false Claims act litigation

Join two seasoned litigators and Judge Baylson of the eastern district Court for a discussion of two important topics in commercial litigation. With respect to class actions, learn about the challenges of class certification and the burdens faced by plaintiff , including the post-halliburton issues for class certification in securities cases; hear about the trend to “opt-out,” especially by big institutions in securities cases, and consider the important factors in making that decision; get updated on some of the unique diff iculties in getting a consumer class certified. With respect to false claims act/whistleblower suits, get a quick overview on the life cycle of these cases and tips for plaintiff on case development, working with the government, the decision to proceed with a case or not if the government declines intervention, and reaching a settlement.

9. hot topics in director and off icer liabilityWe will target the legal and technical aspects of directors’ and off icers’ liability insurance and the types of claims or exposures usually covered by the insurance. We will discuss what the policies cover, the significant exclusions in most policies, and touch on emerging or hot topic issues. We will also discuss practical aspects of resolving d & o claims and what to look for in current d & o polices.

1:20 – 2:20 pm » CHOOSE ONE

10. Cross-examining the expert Witness

hear from Judge Mark Bernstein, who has presided over countless civil and commercial trials, and experienced litigator larry Bendesky, about the do’s and don’ts of cross-examining your adversary’s expert. in cases where the issues and facts are more complex and less familiar to most jurors, how do you make commercial concepts understandable while cross-examining the expert(s)? What are the questions you should never ask? how do you handle an expert who refuses to answer your question? how does cross exam of the expert diff er when it’s a bench trial? When do you know that it’s time to sit down and ask no further questions? get the answers you need!

11. how to achieve a great result through alternative dispute resolution

More and more cases are either being settled by mediation or decided in an arbitration forum. Pick up practical advice to maximize your chances of a good settlement in mediation or a good result in arbitration. topics include the choice of mediators and arbitrators, eff ective case presentation in mediation, discovery tactics in arbitration and how to make arbitrators and mediators side with your position. hear about recent case law trends aff ecting both mediation and arbitration.

12. Collecting Judgments – how to get Paid!through your hard work and legal skills, you’ve obtained a money judgment in favor of your client. learn how to navigate the substantive law and procedural rules governing enforcement of judgments in order to convert your legal victory into an economic recovery for your client. address enforcement of judgment liens on real and personal property, including execution practice in Pennsylvania state courts and in federal court. focus will be on the practical aspects of collection law from the perspective of counsel for the judgment creditor.

13. examining the tripartite relationship – insurer, insured & Counsel

Based on an analysis of case law and the use of hypotheticals, we will explore the relationship between insurers, insureds and their appointed defense counsel. hear about the ethical and legal obligations of defense counsel in responding to requests for information from an insurer in situations where insurance coverage is disputed. explore the rights and duties of insurers to seek information concerning a claim from their insureds and the appropriate response should the request be turned down. finally, learn how courts have analyzed the question of attorney client privilege in the context of communications between defense counsel and insureds and insurers.

2:30 – 3:30 pm » CHOOSE ONE

14. trial technology – eff ective evidence Presentation in the 21st Century

learn about the newest strategies for eff ectively presenting evidence and persuading your fact finders. discover how trial technology interfaces with presenting evidence eff ectively, particularly with complex financial charts, construction, medical malpractice or real estate litigation. new methods of paperless document handling will also be demonstrated. gain insight on how best to present your evidence in the most persuasive manner.

15. temporary restraining orders and Preliminary injunctions

learn the ins-and-outs of obtaining emergency relief in federal and state court. a federal judge and a litigator with extensive injunction experience will explain how to decide whether to seek a temporary restraining order, its state court equivalent, or a preliminary injunction in the first place. and they will walk you through the process of obtaining an injunction, off ering pointers for each step of the process, from the complaint to the hearings to the bond application.

16. remedies and damages in Commercial litigation

using a series of cases studies and war stories, an experienced litigator and financial expert will provide you with practical strategies for obtaining remedies and proving damages in commercial litigation as well as how to defend against such claims.

17. Spotting the red flags! – What to do when you uncover irregularities and possible criminal conduct

how do you spot the “red flags” of financial fraud and improprieties? What are the practical, legal and ethical issues attorneys face when they uncover financial fraud perpetrated by or against their clients that result in potential or actual parallel civil and criminal proceedings? the panelists, who include a highly experienced federal prosecutor, criminal defense attorney, and civil litigator will discuss issues such as: how to identify the red flags of financial fraud; the circumstances and manner in which any improprieties should be reported to the authorities; how to deal with suspected individuals and the scope of the attorney client privilege; the obligation to preserve relevant evidence; the mechanics and implications of asserting constitutional protections against self-incrimination; and the eff ect of potential criminal exposure on parallel civil litigation.

3:40 – 4:40 pm » PLENARY SESSION

18. Who do you love? – torn between the Corporate entity and the Corporate Client

Wrestle with the ethical issues that arise when lawyers representing organizations, small - medium - and large - privately held and public, learn that the individuals they’re working with have harmed the entity through mis or malfeasance. this will be an interactive session using short hypotheticals to highlight various challenges a lawyer might typically confront when representing entities.

5

session descriPtions

Wrestle with the ethical issues that arise when lawyers

ETHICS

1. the do’s and don’ts of Commercial litigation

Join a panel of state and federal judges who hear cases across all

SIMULCAST

explore the things inside counsel look for when deciding what

SIMULCAST

6. eff ective depositions and Preparing your

telling a human story in a document-intensive commercial case

SIMULCAST

hear from Judge Mark Bernstein, who has presided over

SIMULCAST

Based on an analysis of case law and the use of hypotheticals,

ETHICS

Wrestle with the ethical issues that arise when lawyers Wrestle with the ethical issues that arise when lawyers

SIMULCAST

15. temporary restraining orders and

learn the ins-and-outs of obtaining emergency relief in federal

SIMULCAST

Connect with PBI RegisteR today! 800-247-4724 | www.pbi.oRg6

our outstanding facultyDanielle Banks, esq.Stradley ronon StevenS & young, llP, PhiladelPhia

larry BenDesky, esq.Saltz Mongeluzzi Barrett & BendeSky, PC PhiladelPhia

anDrew w. Boczkowski, esq.aSSiStant general CounSel, glaxoSMithkline PhiladelPhia

anthony J. Bolognese, esq.BologneSe & aSSoCiateS, llC, PhiladelPhia

ellen c. Brotman, esq.MontgoMery MCCraCken Walker & rhoadS, llP PhiladelPhia

Julie congDon, esq.PrinCiPal and eMPloyMent CounSel vanguard, PhiladelPhia

Diane siegel Danoff, esq.deChert llP, PhiladelPhia

James DecrescenzoJaMeS deCreSCenzo rePorting, llC, PhiladelPhia

steven J. engelmyer, esq.kleinBard llC, PhiladelPhia

ann t. greeley, Ph.D.deCiSionQueSt, State College

soPhia lee, esq.Chief CounSel in litigation, SunoCo, inC. PhiladelPhia

Joann m. lytle, esq.MCCarter & engliSh, llP, PhiladelPhia

leona mogavero, esq.friedMan SChuMan, PC, JenkintoWn

kevin e. raPhael, esq.Pietragallo gordon alfano BoSiCk & raSPanti, llP, PhiladelPhia

stePhen J. scherf, cPaaSterion, inC., PhiladelPhia

marc J. sonnenfelD, esq.Morgan leWiS & BoCkiuS, llP, PhiladelPhia

h. marc tePPer, esq.BuChanan ingerSoll & rooney, PC, PhiladelPhia

Paul D. weiner, esq.littler MendelSon, PC, PhiladelPhia

kathleen D. wilkinson, esq.WilSon elSer MoSkoWitz edelMan & diCker, llP PhiladelPhia

roBert a. zauzmer, esq.aSSiStant u.S. attorney, PhiladelPhia

sharon m. zieg, esq.young ConaWay Stargatt & taylor, llP, WilMington, de

PhiladelPhia Wed., March 18, 2015the Cle Conference Center, Wanamaker Building 10th floor, Ste. 1010, Juniper St. entrance (between 13th & Broad Sts., opposite City hall)

siMulcast Wed., March 18, 2015

gReensbuRgWestmoreland Co. Bar Association 129 N. Pennsylvania Ave.

MechanicsbuRgPBI Conference Center 5080 Ritter Rd., Rossmoyne Exit, Rt. 15

new castlePenn State Coop. Ext. of Lawrence Co. Lawrence Co. Cthse., 430 Court St., 3rd Fl.

noRRistown Montgomery Bar Assn., 100 W. Airy St.

9:00 am to 4:40 pm; check-in begins at 8:30 am

one session each hour will be simulcast to sites other than Philadelphia. See grid on pg. 4 for simulcast topics.

pittsbuRghPBI Professional Development Conference Center Heinz 57 Center, 339 Sixth Ave., 7th Fl.

west chesteRChester Co. Bar Assn., 15 W. Gay St.

wilkes-baRReKings College, Sheehy-Farmer Campus Center, Lane’s Lane

Join us in PhiladlePhia

this institute has been approved by the pennsylvania continuing legal education board for 6 hours of cle credit. workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

6cle

COMMERCIAL LITIGATION INSTITUTE

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$200 Judges and judicial law clerks

$190 Judges and judicial law clerks admitted aft er 1/1/11

course Materials i cannot attend, but would like to purchase the course Book (2015-8669): $99

include $8.00 S&h and $6.42 sales tax for a total of $113.42

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i cannot attend, but would like to purchase the audio cD & Book set (acDs-8669): $139include $8.00 S&h and $8.82 sales tax for a total of $155.82

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add $25 for registrations received 3 or fewer business days before the presentation.

if you are ordering course materials separately, please allow two weeks aft er the first program for the shipment of books and 4 to 6 weeks for shipment of the Cds and book/Cd sets.one session each hour designated as “SiMulCaSt” on page 4 will be taped.

8669lm/bkt-1/20/15

PhilaDelPhia (live) simulcast :__________________________________________(one session each hour; see pg. 4 for simulcast topics)

Wed., March 18, 2015

registration Policy:Please register early! Save $25 on registrations received 3 or more business days before the course date. Pre-registered customers will receive priority on the distribution of course materials. Walk-in registrations will be accepted on a space-available basis, but please check www.pbi.org or call (800) 247-4724 to confirm space is available and the schedule has not changed.

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services for Persons with Disabilities: if you require special arrangements, please contact Customer Service at (800) 932-4637 at least ten days before the course date.

speaker substitutions: PBi reserves the right to substitute speakers at all programs.

PBi scholarships: PBi off ers substantially reduced tuition for most PBi seminars to allow attorneys experiencing financial hardship to fulfill their mandatory education requirement. for details and an application, contact Scholarship administrator at scholarships@pbi.org or (800) 932-4637, ext. 2284 at least 30 days before the program. (Scholarships are not available for online Cle.)

legal services/Public interest lawyers: PBi will provide a complete waiver of tuition fees for the first 12 hours of Cle taken to satisfy the Pennsylvania mandatory Cle requirement in any calendar year for all attorneys employed on a full-time basis by Pennsylvania civil or criminal Section 501(c)(3) legal services or public interest organizations. for additional courses (over and above the first 12 hours), eligible attorneys may enroll at 50 percent of the highest member fee. this waiver applies only to attorneys in Section 501(c)(3) organizations that provide legal services at no or de minimus fee to individual members of the public.

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Institute

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connect with pbi RegisteR today! 800-247-4724 | www.pbi.oRg

We MaKe learning PERSONAL.PBi is listening to what you want from your Cle experience. our staff and leadership are fully committed to the Bar, and to helping you reach your professional goals. led by attorneys, educating attorneys — we take your success personally.

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coMMercial litigation INSTITUTEPhilaDelPhia | weD., march 18, 2015simulcast | weD., march 18, 2015greensburg, Mechanicsburg, new CastlePittsburgh, Plymouth Meeting, West Chester