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2017 Trial Techniques Seminar Agenda

 

Agenda: Thursday | Friday | Saturday

Thursday, August 17 (All sessions located at Inn on Lake Superior)

3:00 – 4:45 p.m.

Board of Directors Meeting


4:45 – 5:30 p.m.

Executive Committee – Past Presidents Meeting


5:30 – 7:00 p.m.

Opening Reception / Diversity Committee Student-Mentor Introduction


8:00 – 10:00 p.m.

New Lawyers Boat Cruise – Sponsored by Crane Engineering


7:00 – 10:00 p.m.

Presidents’ Cocktail Hour and Dinner – Kitchi Gammi Club


Agenda: Thursday | Friday | Saturday

Friday, August 18

8:00 – 8:25 a.m.

Registration and Continental Breakfast


8:25 – 8:30 a.m.

Welcome and Announcements
Jessica Schwie


8:30 – 9:15 a.m.

Highway through the Danger Zone: Practical Tips on Preparing Fact Witnesses for Cross-examination
Ben McAninch, Blethen, Gage, & Krause, PLLP and Jeannie Provo-Petersen, Provo-Petersen & Associates, P.A.

You’ve heard about the psychology of why various methods of trial presentation work for the plaintiff’s bar. Ben and Jeannie will lead a discussion, including a mock cross-examination, focused on helping fact witnesses prepare for these areas of examination. The goal is to allow your client or witness to provide truthful, accurate testimony focusing on the case at hand without being distracted by broad, generalized statements whose sole purpose is to evoke fear or sympathy.


9:15 – 9:45 a.m.

Why you Should Love and Use the Expedited Civil Litigation Track
Judge Eric Hylden, Minnesota State District Court, St. Louis County

Judge Hylden will provide an overview of the Expedited Litigation Track (ELT) program, explaining the features and operation of the new procedures.  He will discuss the limitations on discovery and motion practice, the trial process, and how and when to seek removal from ELT.  He will discuss his personal experience overseeing cases tried from beginning to end on ELT and tell us why we should love and use ELT for our next civil litigation.


9:45 – 10:00 a.m.

Break with Exhibitors


10:00 – 11:00 a.m.

Lessons from Ewald v. Royal Norwegian Embassy
Thomas E. Marshall, Engelmeier & Umanah, P.A.

Tom, an MDLA member, will discuss his view from the plaintiff’s side in a landmark Equal Pay Act decision.  The discussion will include an overview of the case against a foreign country, difficulties in international service, ESI issues, spoliation of evidence, overseas discovery, language, attorney fee considerations and ramifications, discovery motions, use of expert testimony, attorney fee petitions, prejudgment interest and penalties, evidence presentation and trial strategy, and thoughts on resolution.


11:00 – 11:45 a.m.

The Seemingly Seamless Presentation of Evidence – How to Make Your Expert Look Like a Genius
Cecilie M. Loidolt, Bassford Remele, P.A.

Cecilie will present on preparing experts for testimony; the use of technology as an aid to the presentation of their testimony, how to make it interesting, and how to make defense experts look good on the stand.  She will use exhibits from previous trials to demonstrate the use of technology at trial.


11:45 – 1:15 p.m.

Lunch and MDLA’s Annual Meeting and Presentation of Awards


1:15 – 1:45 p.m.

Defense of PTSD Claims
Michael D. Hutchens, Meagher & Geer, PLLP

When PTSD is claimed, there is no substitute for preparation and understanding of the DSM-IV criteria in order to conduct the discovery necessary to successfully defend such claims.  Michael will walk us through the discovery, experts, and independent medical examinations that should be considered to disprove or minimize the emotional distress damages.


1:45 – 2:30 p.m.

But, What Does The Juror Think About That? 
Steven J. Wells, Dorsey & Whitney, LLP and Paul Jepsen, DecisionQuest

This interactive program presents key issues and topics for juror voir dire, asks the audience to indicate how they think jurors would respond, provides commentary from the presenters on potential juror responses, and then shows and describes actual juror responses.


2:30 – 2:45 p.m.

Break with Exhibitors


2:45 – 3:30 p.m.

Legally Blonde Meets The Godfather: How Gender Differences in Communication Can Impact Negotiation Strategy and Outcomes
Amy Mass, The Hanover Insurance Group

Amy will walk us through effective communication and negotiation strategies when handling cases.  In addition, she will address habits and myths and whether there really is a difference in the communication, persuasion and negotiation styles of men and women.


3:30 – 4:30 p.m.

Implicit Bias in the Legal Profession: Focus on Mental Health & Disability
Joan Bibelhausen, JD Lawyers Concerned for Lawyers

The primary focus of this program is to understand and demonstrate how implicit bias discussions in the legal profession must include mental health (including substance use) and stress issues.  This program will begin with a general understanding of the concept of implicit bias and discuss how implicit bias stands in the way of lawyers seeking the help they need for mental health and stress issues.  While it’s hard for anyone to ask for help, there is a double stigma for those already in underrepresented groups.  This program will address the challenge for lawyers, judges and law students to ask for help for mental health issues, the relationship between mental health issues and diversity and inclusion and a discussion of current challenges and strategies to address them.


4:45 – 5:30 p.m.

Women's Breakout: Leaning In to Your Career
Amy Mass, The Hanover Insurance Group

We’ll meet at 4:45 at Bellesio’s for a causal but informative discussion on “Leaning In to Your Career” with Amy Mass, Vice President and Counsel for The Hanover Insurance Group. Wine and cocktails will be provided by our sponsors, Jardine Logan & O’Brien and Lind, Jensen. We’ll wrap up by 5:30, with plenty of time for you to head back to your hotel room before the evening’s festivities at the Great Lakes Aquarium.


6:00 – 9:30 p.m.

Cocktails, Dinner, and Entertainment at Great Lakes Aquarium


Agenda: Thursday | Friday | Saturday

Saturday, August 19

8:00 – 8:25 a.m.

Registration and Continental Breakfast


8:25 – 8:30 a.m.

Welcome and Announcements
Jessica Schwie


8:30 – 9:15 a.m.

Long Term Care Damages:  Intersection Collision — When Work Comp and Civil Litigation Collide
Morgan A. Godfrey and Christopher E. Celichowski, O’Mera, Leer, Wagner & Kohl, P.A.

Work through a hypothetical work-related intersection collision resulting in a traumatic brain injury and a claim for long-term care damages.  We will discuss how to defend damage claims in workers’ compensation and personal injury claims, review discovery considerations and selection of necessary experts and review potential damages.  The presentation will also include a discussion of the interplay between workers’ compensation subrogation claims and various strategies for potential resolution or settlement of these types of claims.  We will also note potential MSA issues that may arise.


9:15 – 9:45 a.m.

Making the Most of Mediation: Planning your Work and Working your Plan
Paul Rocheford, Arthur, Chapman, Ketterling, & Smetak, P.A.

How to prepare for mediation: preparing your insured client (where there are uncovered damages),  preparing the insurance company, preparing the mediator, and preparing yourself.  We will discuss strategies for mediation and what one mediator has experienced as effective and what may be less effective.  Personal experiences, including both successful and not so successful moments overseeing mediations and participating in mediations will be shared.


9:45 – 10:00 a.m.

Break with Exhibitors


10:00 – 10:30 a.m.

How to Weather a Media Storm in Litigation
Jana O’Leary Sullivan, League of Minnesota Cities Insurance Trust

Jana will discuss the preparation needed to handle inquiries by the media, fallout from ignoring media requests, and impacts to clients during and after a media storm.


10:30 – 11:15 a.m.

What Can a Biomechanical Engineering Expert Do for Your Case and is it Admissible?
Andre Loyd, Ph.D., Biomechanical Engineer, Crane Engineering & Brendan Tupa, Law Offices of Thomas P. Stilp, Liberty Mutual Group, Ltd.

Andre and Brendan will present on what a biomechanical engineer can do and the attorney perspective—whether to hire or not hire such an expert, timing of hiring, how to use such an expert, and arguing for and against the opinion coming in.


Agenda: Thursday | Friday | Saturday


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