Chemical Products and Toxic Torts:

From Crisis to Mass Litigation:

Starting Smart and Finishing Strong

Sponsored by the ABA Section of Litigation

Products Liability and Mass Torts Committees

A Regional CLE Workshop

focusing on toxic and mass tort litigation
impacting the chemical and industrial products industries

Friday, October 8, 2010

 Location:
Exxon Mobil Corporation
800 Bell Street
Houston, Texas
Registration Deadline is September 24, 2010

An interactive seminar involving nationally known plaintiffs’ lawyers, members of the

judiciary, in-house counsel, consultants and defense-oriented trial lawyers who will
discuss new developments and significant trends in toxic and mass torts involving
chemicals and industrial products. The focus will be practical discussion for the
seasoned trial attorney of the latest tips for managing the complex case from the
initiating crisis through trial, including ethical considerations in preparing witnesses,
navigating the MDL process and litigating international and cross border claims.

Sponsors:

ExxonMobil Corporation

Butler, Snow, O’Mara, Fulbright & Jaworski, L.L.P.

Stevens & Cannada, PLLC

Kuchler Polk Schell Weiner & Stites & Harbison, PLLC

& Richeson, LLC

Strong Pipkin Bissell Wildman, Harrold, Allen

& Ledyard, LLP & Dixon, LLP

Section Sponsors

LexisNexis Navigant Consulting, Inc.

Program Co-Chairs:

Sarah Grider Cronan Monique M. Weiner

Stites & Harbison, PLLC Kuchler Polk Schell Weiner &
Louisville, KY Richeson, LLC
New Orleans, LA

Eric E. Hudson David A. Kanter

Butler, Snow, O’Mara, Wildman, Harrold, Allen
Stevens & Cannada, PLLC & Dixon, LLP
Memphis, TN Chicago, IL
 Products Liability Committee Co-Chairs:

Jerry G. Bradford Nathaniel Cade

Alcon Laboratories, Inc. Michael Best & Friedrich LLP
Ft. Worth, TX Milwaukee, WI

Lori Blake Leskin

Kaye Scholer, LLP
New York, NY
Mass Tort Committee Co-Chairs:

Andrew Maloney Beatrice O’Donnell

Kreindler & Kreindler LLP Duane Morris, LLP
New York, NY Philadelphia, PA

Rudy Perrino
Fulbright & Jaworski, LLP
Los Angeles, CA

Program Agenda
Friday, October 8, 2010

8:00 a.m.: Registration and Networking Breakfast

8:30 a.m.: Welcome & Introductions

8:35 – 9:35 a.m.: Houston, We Have a Problem… Managing the Chemical and
Industrial Crisis as it Emerges, with a View Toward the
Resulting Litigation

Obtain practical advice from top lawyers actually handling recent chemical and industrial crises,
including the Gulf oil disaster, chemical plant releases and the West Virginia mining accidents.
Members of the plaintiff’s and defense bar will share their approaches to such situations, and in
house counsel will discuss the company’s concerns and viewpoint.

Moderator:

Monique M. Weiner
Kuchler Polk Schell Weiner & Richeson, LLC
New Orleans, LA

Panel:

Evelyn H. Brantley Paula Durst

E.I. du Pont de Nemours and Company Spilman, Thomas & Battle, PLLC
Wilmington, DE Charleston, WV

J. Hunter Craft
Watts Guerra Craft, LLP
Houston, TX
9:35 – 10:35 a.m.: Demystifying The MDL Process

When should mass actions become part of a Multi-District Litigation (MDL)? Which factors are
considered by plaintiffs, defendants and in-house counsel in deciding whether to seek
consolidation and transfer into an MDL? What are the procedures for seeking consolidation and
transfer and the best arguments for or against consolidation and transfer? How do you
effectively manage an MDL to achieve a desired outcome such as coordination of discovery,
obtaining an early causation determination, or resolving cases by settlement.

Moderator:

Sarah Grider Cronan

Stites & Harbison, PLLC
Louisville, KY

Panel:

The Honorable W. Royal Furgeson, Jr. Angela Daniels

U.S. District Court for the Northern CITGO Petroleum Corporation
District of Texas and Member of the Houston, TX
Judicial Panel on Multi-District Litigation
Dallas, TX

David B. Weinstein Angela C. Bullock, Esq.

Greenburg Traurig, LLP The Lanier Law Firm
Tampa, FL Houston, TX

10:35 – 10:50 a.m.: Break

10:50 – 11:50 a.m.: The Ethical Dilemmas Inherent During Discovery---

Wood-Shedding Witnesses, Preserving Evidence, Electronic Data
and Other Potential Pitfalls

Leading members of the bench and bar discuss the ethical considerations significant in
reconciling the tension inherent between your discovery strategy and your professional
responsibilities. The two concerns need not be mutually exclusive and our panel will attempt to
answer the question, "how far is too far?"

Moderator:

Len Kurfirst
Wildman, Harrold, Allen & Dixon, LLP
Chicago, IL

Panel:

Hon. Patricia J. Kerrigan Cisselon Nichols

190th District Court Shell Oil Company
Harris County (Houston), Texas Houston, TX

Robert L. Gibbs Aaron J. Freiwald

Brunini Law Firm Layser & Freiwald, P.C.
Jackson, MS Philadelphia, PA
11:50 a.m. – 12:20 p.m.: Networking Lunch

12:20- 12:50 p.m.: 2010 Update -- Developments on the Legal and Governmental Front

Learn about significant developments during the past year impacting chemical product litigation
and liability. Key rulings on evidentiary issues, medical monitoring, class actions, and "hot"
chemicals will be discussed along with important governmental developments, such as EPA's
Chemicals of Concern initiative.

Presented by:

Paul V. Majkowski
Rivkin Radler LLP
Uniondale, NY

12:50 – 2:00 p.m.: Litigating International and Cross Border Claims

Leading attorneys involved in international and cross-border litigation will discuss the legal,
social and political landscape as it relates to litigating claims in the United States and abroad.
Recognized for their trailblazing work, these panelists will offer their perspectives on
determining where to file claims that can properly be brought in the U.S. or a foreign jurisdiction
and whether to move to dismiss based on forum non-conveniens. The discussion will include
the impact of current world views on U.S.-based litigants in foreign jurisdictions, legislative
efforts in foreign jurisdictions that attempt to make courts more accessible to tort and mass tort
plaintiffs, and systemic corruption as it relates to outcomes in foreign litigation and how it
impacts enforceability.

Moderator:

Rudy Perrino
Fulbright & Jaworski, L.L.P.
Los Angeles, CA

Panel:

Michael Glackin Victor Garita

The Dow Chemical Company Facio y Cañas
Midland, Michigan Costa Rica

Ken Sales Michael L. Brem

Sales, Tillman, Walbaum, Schirrmeister, Diaz-Arrastia, Brem LLP
Catlett & Satterley, PLLC Houston, TX
Louisville, KY
2:15 – 3:30 p.m.: Jury Themes and Effective Communication

Your case theme is what the jury will take with it and remember most when it deliberates.
Experienced trial counsel will share strategies, tips and best practices for effectively developing
and communicating themes in mass torts, chemical products and toxic tort trials. They will
discuss what works and what doesn’t, and they will leave you better prepared to develop and
communicate your own case themes to juries.

Moderator:

Eric Hudson
Butler, Snow, O’Mara, Stevens & Cannada, PLLC
Memphis, TN

Panel:

Ted Ray, Esq. Dan Jacks, PhD

ExxonMobil Corporation R&D Strategic Solutions
Houston, TX Houston, TX

Rhon E. Jones, Esq. N. Kathleen Strickland, Esq.

Beasley Allen Law Firm Ropers, Majeski, Kohn & Bentley
Birmingham, AL San Francisco, CA

For additional information about the program, please contact:

Sarah Grider Cronan, (502) 681-0543, scronan@stites.com

Monique Weiner, (504) 592-0691 , mweiner@kuchlerpolk.com
Eric Hudson, (901) 680-7309, Eric.Hudson@butlersnow.com
Dave Kanter, (312) 201-2683, kanter@wildman.com
Program Co-Chairs

Registration Deadline is September 24, 2010

 REGISTRATION FORM

SPACE IS LIMITED! PLEASE REGISTER TODAY TO RESERVE YOUR SEMINAR SEAT.

A Regional CLE Workshop

………….
Friday, October 8, 2010

Exxon Mobil Corporation

800 Bell Street
Houston, TX

To register online, please visit: http://www.abanet.org/litigation/programs/programs_future.html

To register by mail, please complete the form below and mail along with payment to:

Eric E. Hudson
Butler, Snow, O’Mara, Stevens & Cannada, PLLC
P.O. Box 171443
Memphis, TN 38187
Fax: (901) 680-7201

Name:

Affiliation:

Address:

City, State, Zip Code:

Telephone: Fax:

E-mail:

ABA Member No.:

The information submitted on this registration form will be used only to create an attendance list for
Chemical Products and Toxic Torts, a regional CLE workshop on mass torts and class actions involving
toxic torts & chemical and industrial products.

Registration Information

$125.00 (Section of Litigation members)

$180.00 (Non-Section members)

Registration deadline is September 24, 2010. Checks for attendance and course materials should be
made payable to the American Bar Association.

I will attend the meeting and my check for $__________ is enclosed.

I am unable to attend the meeting, but please send the course materials to the above address, at a cost
of $35.00, a check for which is enclosed.
 Travel and Hotel Information

Attendees are responsible for making their own travel arrangements and hotel
reservations. The following hotel has a preferential rate only through September 7,
2010:

Hyatt Regency Houston

1200 Louisiana Street
Houston, TX, USA 77002
Reservations: 1-888-591-1234
$149/night - subject to change
http://houstonregency.hyatt.com/hyatt/hotels/index.jsp

To book by phone: call Passkey Reservation line at 888-421-1442, and ask for the
reservations department. Tell them you would like to make a reservation under the
American Bar Association guest room block, grouping code G-ABA1

To book electronically go to:

https://resweb.passkey.com/go/AmericanBarAssociation

MCLE Credit

Required sponsor documentation has been forwarded to and credit requested from
MCLE states with general requirements for all lawyers. Lawyers seeking credit in
Pennsylvania must pay a fee of $1.50 per credit hour directly to the PA CLE Board. The
ABA pays applicable fees in other states where the sponsor is required to do so. In
states where a late fee may become applicable, the ABA pays this fee as well. Please
be aware that each state has its own rules and regulations, including its definition of
CLE as well as ‘Ethics”. Therefore, certain programs may not receive credit in some
states. Please check with your state agency for confirmation of general as well as
ethics approval for any program. You may contact Matthew Thurman at the ABA at
thurmanm@staff.abanet.org for confirmation of the number of credits approved by any
particular state.

Information included in the attendance list is protected by copyright and is solely

intended for the individual and private use of ABA members in connection with the
ABA’s mission, goals and activities. All other use is strictly prohibited without prior
written authorizations from the ABA. Prohibited use includes but is not limited to the
copying, renting, leasing, selling, distributing, transmitting or transfer of all or any
portions of the materials, or use for any other commercial and/or solicitation purposes of
any type, or in connection with any action taken that violates the ABA’s copyright.