Generally, scheduling a hearing or deposition takes little more than a call by one’s legal assistant to opposing counsel’s legal assistant. There are times, however, that those calls go unreturned. Despite your assistant’s best efforts, no dates are provided and hearings and depositions remain to be set. How do you handle this situation? Consider the following:

Reach out and touch someone. At the commencement of any case, consider picking up the phone and introducing yourself to opposing counsel. Have a pleasant chat and lay the foundation for cooperation during the course of the upcoming litigation. Such calls help ensure that your office’s requests for dates do not go unanswered. More...

Attached is an article written by Steve Puiszis, DRI's State Rep to Illinois, which originally appeared on Practical Ediscovery, a blog sponsored by Hinshaw & Culbertson LLP.  

Click here to view the orginal article

June 17-18, 2010 - Eden Roc Miami Beach

DRI’s annual Young Lawyers Seminar is designed to develop the critical skills that defense lawyers and in-house counsel need to defend their corporate clients successfully. This program boasts distinguished faculty from around the country, including in-house lawyers from some of the most recognized companies in America, experienced and successful trial lawyers, a state bar investigator and some of the best speakers from DRI’s Young Lawyers Committee. In addition, there is a corporate counsel breakout session, open only to in-house counsel, which will provide corporate attendees with unique presentations designed specifically for them. Attendees also will have an opportunity for a truly rewarding experience through participation in a special community service project on Wednesday. Please join DRI’s Young Lawyers Committee in Miami to hone your trial skills and benefit from numerous networking opportunities.

Click here for online registration.

I will be attending the Fire & Casualty SLG Workshop at next month's Product Liability Conference, to be held April 7-9 at The Venetian in Las Vegas. David Pryor of Thermodyne Industries and Barry Newton of Wendell Hull & Associates will give a presentation entitled: Be Aware of the Air--Fire Investigation Involving Home Oxygen Use. The workshop is at 3:45 on Wednesday, April 7th, and should be very useful. Hope to see many colleagues there!

The Consumer Goods and Office Equipment Specialized Litigation Group invites you to attend this year’s DRI Product Liability Conference - The Masters of Products: The Stars Come Out to Shine. The conference will take place April 7-9, 2010 at The Venetian in beautiful Las Vegas, Nevada. In addition to all that Vegas has to offer, the seminar promises 18.5 hours of outstanding CLE, including 2 hours of ethics credit.

We are extremely excited for this year’s Consumer Goods and Office Equipment Specialized Litigation Group’s Break Out Session. Our Break Out Session will feature the following sensational presentations: “The Compliance and Practical Solutions for Industry’s Approach to the Consumer Product Safety Improvement Act (The CPSIA to the CPSIA)”; “Is the Foreign Supplier All In?-Service and Personal Jurisdiction in a Global Economy”; and “Claims in Public Courts Based on Consumer Protection Standards-The CPSC Is Not the Only Enforcer”.

In addition to the Break Out Session, the main program features presentations by Inez Moore Tenebaum, Chair of the U.S. Consumer Product Safety Commission; Steven Gensler, Professor at the University of Oklahoma College of Law; Honorable Lee H. Rosenthal, United States District Court, Southern District of Texas; outside and in-house counsel experienced in managing global product liability litigation, trial of difficult cases including wrongful death and class actions, the use of demonstrative evidence and other trial tactics in product liability litigation, the new CPSIA and the reporting database, and the art of storytelling as a trial lawyer.

Register for this conference NOW on line, by logging on to www.dri.org or by printing the registration form on the back of the conference brochure and either fax or mail it in. You can also call DRI Customer Service at 312.795.1101 for more information.
Ante up! DRI Products is a sure bet!

If you have ever defended warning labels on construction, agricultural or industrial equipment, you won't want to miss the ACMIE break-out session in Las Vegas on Wednesday, April 7 at 3:45. Our main presentation will be a panel discussion by Wendy Dawson of Caterpillar, Mark Kircher of Quarles & Brady and Dr. Tyler Kress of BEST Engineering. The panel will discuss the impact of "pictogram only" warning decals on product liability litigation. Mark will give the perspective of a trial lawyer who has defended the design of ACMIE products all over the country. Wendy will share her thoughts as in-house counsel for one of the largest construction and agricultural equipment manufacturers in the world. And Tyler will add his perspective as an expert with experience testifying in litigation and drafting warnings. This talented panel will give a unique perspective on this important product liability issue. We look forward to seeing you in Vegas!

Judge Scheindlin, author of the famous Zubulake opinions, in the recently published Pension Committee opinion has once again issued sanctions for failing to implement a timely, comprehensive litigation hold procedure. To quote Judge Scheindlin:

“By now it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records-paper or electronic-and to search in the right place for the records, will inevitably result in the spoliation of evidence.”

For product liability defense attorneys, the question is—and always has been—how to administer a comprehensive litigation hold process without incurring unnecessary costs. You can get the answer to this and many others facing you in your practice at this year’s DRI Product Liability Conference - The Masters of Products: The Stars Come Out to Shine.

The Electronic Discovery SLG Workshop on Litigation Hold procedures on April 9th will feature Magistrate Judge Peggy A. Leen and attorney author John Jablonski who wrote the book on discovery holds. Not only will you be able to hear real life solutions to typical cases, but you will be able ask the panel your specific questions.

We hope to see you there!

Joe Cohen
E-Discovery SLG Vice-Chair

Colleagues, next month is the DRI's Products Liability Conference in Las Vegas (April 7-9). As part of the conference, please plan to stop by the Young Lawyers Breakout during the morning of April 7th. Many of the topics presented may be new or a nice refresher.

Some of the worthwhile topics include:
*Navigating supply chain issues in China;
*Taking or defending the deposition of an IT representative;
*Nuts and bolts of defending a component parts supplier; and
*Handling cases involving bankrutpcy in today's economy.

There are many other fantastic topics that are going to be discussed during the breakout as well. We hope you can join us that Wednesday morning during the conference.

I write as we finish up the Winter DRI Board of Directors meeting in Orlando. The gathering of all directors has been exciting, stimulating and thought-provoking. We addressed a number of challenges and examined our processes. We studied our educational programs and reviewed critical membership issues. A number of initiatives were considered which will favorably impact our members, our clients, and the judicial system as a whole. Issues involving diversity, women in the law, the role of an independent judiciary, and the importance of jury trials and jury service were front and center.

The ability to serve on the DRI Board of Directors remains a privilege and a responsibility. Good things are forecast for 2010 and the coming years. Challenges remain and responses are forthcoming. The future is bright. To all members, get involved and become an active part of the largest organization of defense attorneys in the world.

It's hard to watch or read the news without seeing a major legal/political development in the automotive industry nearly every single day. If you want to hear about developments and issues from people who deal with this stuff every day, then put the chips in your pocket for awhile and come to our Auto SLG breakout session Thursday afternoon in Las Vegas. In addition to our esteemed leadership's remarks, the presentations include:

International Automotive Product Liability: A Case
Study in Japan

Use of Statistical Accident Rate Comparison Evidence

Defending Product Claims When the Supply Chain Is
Missing a Link

Yes, it's Vegas and yes there are other things to do while in Vegas (so I hear), but I guarantee you will actually learn something at our session.

See you there.

Jeff Curran
Auto SLG Vice-Chair