MEETING PROGRAM

LAWYERS FOR CIVIL JUSTICEMEMBERSHIP MEETING

November 30 – December 2, 2016Grand Hyatt – New York, NY

WEDNESDAY, NOVEMBER 30, 2016

2:00 PM – 5:00 PM Early Registration Mezzanine Level, Grand Hyatt, New York

4:00 PM – 6:00 PM Executive Committee MeetingExecutive Board Room 141, 14th Floor, Grand Hyatt, New York

6:00 – 9:30 PM Welcome Reception and DinnerThe Cornell Club6 East 44th Street, New York, NY*Advanced Registration Required*

THURSDAY, DECEMBER 1, 2016All events on Thursday and Friday will be held at: Grand Hyatt, New York, 109 E 42nd St, New York, NY 10017

8:00 AM – 10:00 AM Registration - Ballroom V Foyer

8:00 AM– 9:00 AM Corporate Members Meeting – Chrysler Room, Mezzanine Level Chaired by Mary Massaron, LCJ President, Partner, Plunkett Cooney*Restricted to Corporate Counsel*

9:00 AM – 9:45 AM Cost Allocation Committee Meeting – Regency Room, Mezzanine LevelChaired by John O’Tuel, Assistant General Counsel, GSK

9:00 AM – 9:45 AM 30(b)(6) Committee Meeting - Ballroom VChaired by Brittany Schultz, Counsel, Ford

9:45 AM – 10:30 AM Class Action Committee Meeting - Ballroom VChaired by Mary Massaron, LCJ President, Partner, Plunkett Cooney

9:45 AM – 10:30 AM Third Party Litigation Funding Committee Meeting - Regency Room, Mezzanine LevelChaired by Mark Behrens, Partner, Shook Hardy & Bacon L.L.P.

10:30 AM – 11:30 AM Discovery Committee Meeting - Regency Room, Mezzanine LevelChaired by Robert Levy, Counsel, Exxon Mobil

Special presentation from the Hon. Judge G. Koeltl and former BASF General Counsel and Adjunct Professor University of Cincinnati College of Law, Tom Allman.

11:30 AM – 12:00 PM Break

12:00 PM – 1:30 PM Welcome by LCJ President, Mary Massaron - Ballroom VKeynote Address by the Honorable Eric H. Holder, Jr., 82nd Attorney General of the United States*Lunch will be served.*

Serving as Attorney General from February 2009 to April 2015, Mr. Holder is the third-longest serving Attorney General in U.S. history and the first African American to hold that office. He presided over many high-profile and controversial decisions, including regulatory enforcement, criminal justice and national security matters. Now in private practice at Covington & Burling (a new LCJ Member), Mr. Holder will share his thoughts about the recent election, the actions of FBI Director Comey with respect to the investigation of Hillary Clinton’s email, the Yates memo, and more.

1:30 PM – 2:00 PM Break

THURSDAY, DECEMBER 1, 2016 — Continued2:00 PM – 2:45 PM No Justice For Businesses – Ballroom V

Howard Root, Chief Executive Officer, Vascular Solutions, Inc.

“Outraged by the obscene legal process” is how Howard Root described his reaction to being acquitted by a federal jury in a criminal case alleging conspiracy to sell a medical device for off-label use. The case, which followed a civil whistleblower action based on similar allegations, cost his small medical products company $25 million to defend. Outside observers say the DOJ’s actions were an abusive attempt force a settlement and a fine. Mr. Root will explain the inside story of how he and his company fought back and succeeded in a case that has serious implications for FDA enforcement.

2:45 PM – 3:45 PM Juanita Duggan, President and CEO of National Federation of Independent Business – Ballroom VJuanita Duggan, CEO, National Federation of Independent Business

The NFIB, America’s leading small business association, is a highly respected and influential public policy advocate in Washington, D.C. Led by the dynamic Juanita Duggan, the NFIB is also one of the most aggressive legal reform operations in the nation’s Capital. Ms. Duggan will explain her organization’s top priorities in the areas of regulatory reform, labor, healthcare and taxes, as well as describe the breadth and depth of their litigation docket.

3:45 PM Break

4:00 PM – 5:00 PM Membership Committee Meeting – Chrysler Room, Mezzanine LevelChaired by Quentin Urquhart, Partner, Irwin, Fritchie, Urquhart & Moore

Diversity Committee Meeting – Chrysler Room, Mezzanine LevelChaired by Markus Green, Assistant General Counsel, Pfizer

5:00 PM – 7:00 PM LCJ Cocktail Reception – Regency Room, Mezzanine Level, Grand Hyatt New York

7:00 PM – 10:00 PM Broadway Shows: Waitress or Fiddler on the Roof

The Hon. Eric H. Holder, Jr.82nd Attorney General of the United States

Eric Holder advises clients on complex investigations and litigation matters, including those that are international in scope and involve significant regulatory enforcement issues and substantial reputational concerns. Mr. Holder, who was a partner at Covington from 2001 to 2009, rejoined the firm after serving for six years as the 82nd Attorney General of the United States. Before his service as Attorney General, Mr. Holder maintained a wide-ranging investigations and litigation practice at Covington. Among numerous significant engagements, he led the firm’s representation of a major multi-national agricultural company in related civil, criminal, and investigative matters; acted as counsel to a special investigative committee of the board of directors of a Fortune 50 technology company; successfully tried a complex discrimination lawsuit on behalf of a leading financial services company; and represented several life sciences companies in litigation and investigations. Mr. Holder served as Attorney General from February 2009 to April 2015. As the third longest serving Attorney General in U.S. history and the first African American to hold that office, Mr. Holder is an internationally recognized leader across a broad range of regulatory enforcement, criminal justice, and national security issues. In 2014, Time magazine named Mr. Holder to its list of 100 Most Influential People, noting that he had “worked tirelessly to ensure equal justice.” Including his tenure as Attorney General, Mr. Holder has served in government for more than thirty years, having been appointed to various positions requiring U.S. Senate confirmation by Presidents Obama, Clinton and Reagan.

KEYNOTE SPEAKER:

FRIDAY, DECEMBER 2, 2016

8:00 AM – 9:00 AM Breakfast - Ballroom V

7:45 AM – 9:00 AM Board of Directors Meeting and Breakfast Regency Room, Mezzanine Level

9:00 AM – 10:00 AM Panel Discussing Federal Pilot Projects - Ballroom V, Grand Hyatt New YorkHon. Amy St. Eve (N.D. IL),David B. Rosenbaum, Partner, Osborn MaledonAlex Dahl, LCJ General Counsel

Coming soon to a federal court near you! Two pilot projects designed by the Civil Rules Advisory Committee will be rolled out next year. One will require enhanced initial disclosures (including information harmful to your case), and the other will impose an expedited schedule for case management. Judge St. Eve has been instrumental in developing the pilots, and David Rosenbaum has practiced under Arizona rules requiring enhanced initial disclosures for over two decades. This panel will explore the issues you need to understand before the pilots affect your cases.

10:00 AM – 11:00 AM 30(b)(6) Panel - Ballroom VJim Campbell, LCJ President-Elect, Shareholder and President, Campbell, Campbell, Edwards and ConroyBrittany Schultz, Counsel, FordSheila Murphy, Senior VP and Associate General Counsel, MetLifeJack McGuire, Deputy General Counsel, Oppenheimer

Now that the Civil Rules Advisory Committee has begun to review Rule 30(b)(6) with an eye towards possible rule amendments, LCJ has assembled a panel of experts to discuss the major problems with how federal courts handle depositions of corporations. Rule 30(b) (6) is meant to provide an efficient mechanism for discovering “information known or reasonably available to an organization,” but in many cases has proven controversial and complicated. Our panelists will also discuss possible ideas for reform.

11:00 AM – 12:00 PM Multi-District Litigation Panel - Ballroom VMaja Eaton, Partner, SidleyMary Nold Larimore, Partner, Ice MillerMark Myhra, Senior Corporate Counsel, Boston ScientificAndrew Trask, Counsel, McGuire Woods

Multi-District Litigations (MDLs) were created to provide “coordinated or consolidated pretrial proceedings,” but many MDL cases are now seen as one-sided forums for pressuring defendants to settle, particularly those concerning pharmaceuticals and medical devices. Pleading standards and other protections proscribed in the FRCP can be ignored as the claims of thousands of plaintiffs who responded to TV advertising proceed without any review. Our experienced panel of experts will explain the modern Wild West of civil litigation and suggest ideas for reform.

SPEAKERS AND PANELISTSTom AllmanAdjunct Professor of Law at the University Of Cincinnati College Of LawTom Allman is a retired General Counsel who currently serves as an Adjunct Professor of Law at the University Of Cincinnati College Of Law. Prior to retirement from BASF Corporation, he was an early advocate of what became current Rule 37(e) of the Federal Rules of Civil Procedure. He is Chair Emeritus of Sedona Conference® Working Group on Electronic Production and Retention (“WG 1”) and has published widely on the topic of e-discovery, corporate compliance and state e-discovery rulemaking.

James CampbellLCJ President-Elect, Shareholder and President, Campbell, Campbell, Edwards and ConroyJames M. Campbell is President of Campbell, Campbell Edwards & Conroy, P.C. Jim serves as national, regional and local trial counsel for a variety of major national and international corporations and insurers. Jim focuses his practice on civil litigation and the defense of catastrophic product liability, toxic tort, medical device, pharmaceutical, professional liability, and negligence matters throughout the United States. He has tried more than 100 cases in 15 states and is a Fellow of the American College of Trial Lawyers, a Diplomate of the American Board of Trial Advocates (ABOTA), Fellow of the International Society of Barristers, and a Fellow of the Litigation Counsel of America. Jim is a past president of the IADC. He has served as the Director of the IADC Trial Academy and the ABA National Trial Academy. He has twice served on the Board of the DRI and the ABOTA National Board of Directors.

Alex DahlLCJ General Counsel Alex Dahl serves as General Counsel to LCJ, providing strategic advice and counsel regarding its civil justice reform initiatives. Alex is a Shareholder at Brownstein Hyatt Farber Schreck, and served previously as the Deputy Staff Director and Senior Counsel to the Senate Judiciary Committee, where he spent five years advising then-Chairman, Senator Orrin G. Hatch (R-UT). Alex worked as an Assistant U.S. Attorney in the District of Columbia and also practiced general commercial litigation in Salt Lake City, Utah. He began his legal career as a law clerk for the Honorable Dee V. Benson, U.S. District Court Judge for the District of Utah.

Juanita DugganPresident and Chief Executive Officer, National Federation of Independent Business (NFIB)Juanita D. Duggan is the President and CEO of NFIB. Duggan has extensive Washington advocacy experience, having led multiple Washington trade associations and also having served in the White House during both the Reagan and George H.W. Bush administrations.Previously Duggan served as the president and CEO of the American Apparel & Footwear Association, the American Forest and Paper Association, and the Wine and Spirits Wholesalers of America. She was policy director at the lobbying firm Brownstein, Hyatt, Farber, Shreck; vice president for federal relations for the Philip Morris Companies, Inc., during the extraordinary period of the National Tobacco Settlement; and executive vice president for government affairs and communications for the National Food Processors Association. From 1987-1989, she was initially special assistant to President Reagan for public liaison, domestic policy, and then special assistant to President Reagan and executive secretary, Domestic Policy Council. Duggan was later special assistant to President George H.W. Bush for Cabinet affairs in 1989-1990. She earlier served as a U.S. Senate committee staff member.

Maja C. EatonPartner, SidleyMaja Eaton is a member of Sidley’s Executive Committee and a global leader for the Products Liability and Mass Torts practice. She has defended and tried a wide variety of products liability cases, ranging from the defense of toxic tort litigation to cases and mass tort litigation involving pharmaceutical drugs and medical devices. Maja’s background in the sciences lends itself well to this practice area, and she has substantial experience in the development of trial themes, expert witnesses and company defenses involving a variety of scientific and medical disciplines.Maja was awarded “Top Female Litigator of the Year” for the Midwest by Benchmark Litigation at their inaugural Awards event in January 2013. She was also named as one of the Top 250 Women in Litigation (2013–2015), published by Benchmark Litigation, the first magazine devoted to honoring the achievements and issues facing female trial lawyers in the United States.

The Honorable John G. Koeltl United States District Judge for the Southern District of New YorkJudge Koeltl was appointed United States District Judge for the Southern District of New York in 1994. He graduated from Georgetown University with an A.B. degree summa cum laude in 1967 and received a J.D. degree magna cum laude for Harvard Law School in 1971, where he was an editor of the Harvard Law Review.Previously, Judge Koeltl was a law clerk to the Hon. Edward Weinfeld United States District Judge, Southern District of New York and to the Hon. Potter Stewart, United States Supreme Court. He served as an Assistant Special Prosecutor, Watergate Special Prosecution Force, Department of Justice. He practiced law at Debevoise & Plimpton until his appointment to the bench.Judge Koeltl is a member of the American Bar Association, the American Law Institute, the Association of the Bar of the City of New York, the New York State Bar Association, the New York County Lawyers Association, the Federal Bar Council, the Federal Communications Bar Association, the Fellows of the American Bar Foundation, the American Judicature Society, Phi Beta Kappa Associates, the Supreme Court Historical Society and the Harvard Law School Association of New York. Judge Koeltl is an Adjunct Professor of Law at New York University School of Law. Judge Koeltl is a former member of the Advisory Committee on Civil Rules and the Committee on Court Administration and Case Management of the Judicial Conference of the United States.

SPEAKERS AND PANELISTSMary Nold LarimorePartner, Ice MillerMary Nold Larimore’s primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug and device manufacturers, chemical companies, toxic tort litigation, commercial litigation, property damage litigation including the defense of mold claims alleging property damage and personal injury, and general liability litigation.Mary has served as national, regional and local counsel in drug, device and chemical exposure litigation, as well as expert witness counsel. She regularly addresses scientific, epidemiologic and complex medical issues in multi-jurisdictional litigation.Mary was the first woman from the state of Indiana to be inducted as a Fellow in the American College of Trial Lawyers. She served as Chair of the Supreme Court Committee on Rules of Practice and Procedure, and recently served two five-year terms by appointment of the Chief Justice. She was appointed to the Indiana Supreme Court Committee on Character and Fitness for the State Board of Law Examiners. Mary testified before the Federal Rules Advisory Committee on the proposed changes to the federal rules relating to discovery in 2014.

Jack McGuire Deputy General Counsel, Director of Litigation, Oppenheimer & Co. Inc. Jack McGuire is a the Deputy General Counsel, Director of Litigation at Oppenheimer & Co. Inc. (“Oppenheimer”), a full service securities firm located in New York. Mr. McGuire began his legal career as an Assistant District Attorney in the Brooklyn District Attorney’s Office and thereafter, served as trial counsel for E.F Hutton & Company, Inc. In 1986, Mr. McGuire joined Oppenheimer and was eventually promoted to Managing Director in its Legal Department. In 1995 Mr. McGuire became General Counsel and Senior Vice President of a boutique broker/dealer, also located in New York. In 1999, Mr. McGuire founded John T. McGuire & Associates, focusing on securities regulation and litigation, and white collar criminal matters. In 2006, Mr. McGuire rejoined Oppenheimer. Mr. McGuire oversees a staff of 16 professionals and support staff that represent Oppenheimer in litigation and enforcement matters, and advises the firm’s management on a range of regulatory and litigation matters.

Sheila Murphy Senior Vice President and Associate General Counsel, MetLife Sheila Murphy leads the United States Regulatory and Retail Litigation Unit at MetLife where she provides strategic litigation, regulatory and risk mitigation advice. Sheila focuses on providing proactive, strategic advice to identify and resolve complex issues and protects business interests state and federal regulator matters related to insurance and investment products. She defends the Company in product design. At the request of MetLife’s Office of Diversity and Inclusion, Sheila serves on the Advisory Board to MetLife’s Women’s Business Network and served on the US Diversity Task Force. Sheila is co-Chair of the Legal Affair’s Academy and previously chaired its Leadership and Management Committee. She is a member of the Legal Affair’s Diversity Committee and previously was a member of its Retention and Development Subcommittee. Sheila also acts as a mentor in both the Legal Affairs’ and Women’s Business Network Mentoring Programs. Sheila is a member of the Litigation Support Business Owner’s Committee and actively advises on e-discovery issues. Sheila previously served on the Legal Affairs Technology Governance Committee and on a task force analyzing potential strategies for increasing Legal Affairs’ efficiencies, effectiveness and engagement.

Mark MyhraSenior Corporate Counsel, Boston ScientificAfter earning his BS in Chemistry from the University of Notre Dame, Mark Myhra began his professional career as an infantry officer in the United States Marine Corps. After five years of active duty service, followed by law school at Loyola University of Chicago (during which he held a one-year externship at the US Attorney’s Office for the Northern District of Illinois), Mark went to work in the Litigation Department of Kirkland & Ellis. Two years later, he moved his family back to Minneapolis to help start the prestigious litigation boutique firm of Greene Espel PLLP. For 15 years, Mark served as outside trial counsel for a variety of drug and device companies, before moving in-house at Boston Scientific Corporation. Along the way, Mark received his MBA from the Carlson School of Business at the University of Minnesota. Over the past ten years, he has served as the chief business attorney for several operating divisions within Boston Scientific, led many cross-functional initiatives, and earned several corporate leadership awards, including an appointment to Boston Scientific’s internal talent development program – the “Top Gun” school. Mark is currently the chief business attorney for the Peripheral Interventions division in support of its quest to be Boston Scientific’s next Billion Dollar business. Mark is currently a member of LCJ’s Membership Committee and the e-Discovery Committee. Mark is an avid reader, hockey player and outdoorsman. Mark’s crowning achievement to date (as a participant) is the raising and launching of five children, all of whom are faithful, accountable and kind.

Howard Root Chief Executive Officer, Vascular Solutions, Inc.Howard Root serves as Chief Executive Officer of Vascular Solutions, Inc., a company he founded in 1997 to develop a new medical device, took public in 2000, and has grown into a worldwide medical device company. Over the last 20 years, Howard has led Vascular Solutions in inventing, developing and launching over 100 new medical devices, resulting in over $1 billion in sales and over 600 U.S. employees. In November 2014, Howard and his company were indicted on felony conspiracy charges over an FDA-cleared medical device that made up just 0.1% of the company’s sales and never harmed a single patient. After surviving the five year process, with 121 attorneys charging $25 million in legal fees, the jury returned a verdict of not guilty on all charges, even though the defense didn’t call a single witness to testify in the four-week trial.

LCJ MEMBERSHIP MEETINGDavid B. RosenbaumPartner, Osborn MaledonDavid Rosenbaum is a partner at Osborn Maledon. His practice focuses on complex commercial litigation. David has represented public companies and their officers and directors in numerous securities fraud class actions and has represented Fortune 50 companies in a wide range of complex commercial litigation matters. He recently co-chaired the Arizona Supreme Court’s Task Force on the Arizona Rules of Civil Procedure, which restyled and revised the entire rule set. He also chaired the Arizona Supreme Court’s Business Court Advisory Committee, which created a new pilot business court. He has served as President of the Federal Bar Association’s Phoenix Chapter and as a Lawyer Representative to the Ninth Circuit Judicial Conference. Among other recognitions, he has been listed since 2005 in Chambers USA’s America’s Leading Lawyers for Business and was Best Lawyer’s Phoenix “Lawyer of the Year” in 2014 for securities litigation and in 2011 and 2016 for bet-the-company litigation.

Brittany SchultzIn House Counsel, Ford Motor Company Brittany Schultz is an attorney in Ford Motor Company’s Office of the General Counsel. She joined Ford in 2014 after a 13 year career as a trial lawyer defending large corporations in product liability and commercial matters. She also had an extensive discovery practice while in private practice. At Ford, she works in the litigation and regulatory group with a focus on discovery and government investigations. She earned her Bachelors of Arts degree from the University of Michigan and her law degree from Wayne State University. She was recently appointed as the Chair of the LCJ Rule 30(b)(6) Committee.

The Honorable Amy J. St. EveUnited States District Judge for the Northern District of IllinoisAmy J. St. Eve was appointed as a United States District Court Judge for the Northern District of Illinois in 2002. At 36, St. Eve was one of the youngest judges ever appointed in the Northern District of Illinois. Since her appointment, St. Eve has presided over a significant number of civil and criminal trials. Judge St. Eve has also sat with the Seventh Circuit, Ninth Circuit and Federal Circuit Courts of Appeals as a visiting judge. Judge St. Eve serves as an Adjunct Professor at Northwestern Law School where she teaches trial advocacy. Judge St. Eve serves as a member of the Judicial Conference Committee on Rules of Practice and Procedure (2013-present), the liaison to the Judicial Conference Advisory Committee on Criminal Rules (2013-present), a member of the Seventh Circuit Pattern Criminal Jury Instructions Committee, and a member of the Northern District of Illinois Patent Local Rules Committee. Judge St. Eve is also a member of the Federal Judicial Center’s District Judge Education Advisory Committee (2016-present). Judge St. Eve previously served as a member of the Judicial Conference Committee on Court Administration and Case Management (2006-13) and as the Seventh Circuit Representative to the Federal Judges Association (2007-13). She is on the Board of Directors of the Chicago branch of the Federal Bar Association, a member of the American Bar Association, the Chicago Bar Association, the Illinois State Bar Association, and the Chicago Women’s Bar Association. St. Eve served on the Chicago Bar Association’s Board of Managers (2014-16). She also is the Chair of the ABA’s White Collar Crime’s Subcommittee on Ethics and a Fellow of the American Bar Foundation. Judge St. Eve is the Chair of the Cornell Law School Advisory Council, and a member of the Cornell College of Arts and Sciences’ Advisory Council, the President’s Council of Cornell Women, and the Loyola Academy Board of Trustees. She also serves on the Board of Directors of Chicago Posse and is a member of the Museum of Science and Industry’s Youth Science Engagement Advisory Committee.

Andrew J. TraskSenior Counsel, McGuire WoodsAndrew Trask serves as senior counsel for McGuire Woods. He has defended more than 100 class actions, involving all stages of the litigation process. While his work has concentrated on products liability and consumer fraud cases, he has also defended class actions involving telecommunications products, business contracts, securities, ERISA, the U.S. antitrust laws and environmental claims, among others.In addition to his class action practice, he has defended mass tort cases involving financial regulations, patent misuse cases, and government investigations into allegations of automotive defects and breach of privacy regulations.He maintains the Class Action Countermeasures blog, which discusses the strategic considerations involved in class action defense. He also provides daily updates of class action related news at twitter.com/ClassStrategist.

CLE credit available in most states.

Boston Scientific transforms lives through innovative medical solutions that improve the health of patients around the world. As a global medical technology leader for more than 35 years, we advance science for life by providing a broad range of high performance solutions that address unmet patient needs and reduce the cost of healthcare. For more information, visit www.bostonscientific.com

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