Bolch Judicial Institute
Bolch Judicial Institute
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Wednesday, March 13, 2019
Day 1 – Overview of Mass-Tort MDL

Time Description
8:00 am – 9:00 am Continental breakfast and Sign-In at Duke Law
9:00 am – 10:00 am SESSION 1: Purpose and timing of MDL; strategic decisions from plaintiff’s and defense perspectives on filing state actions or seeking MDL; factors involved in deciding when to seek MDL and in recommending which district and before which judge: tag-along cases (Walker – Herndon, Geller, Rice, and Rafferty)
10:00 am – 10:45 am SESSION 2: JPML process; who files motion to centralize; scheduling JPML hearing and lawyer presentations; how Panel chooses transferee judge; trends in Panel centralizing certain types of cases; role of Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation (Dodge – Rodgers, Cabraser, and Rice)
10:45 am – 11:00 am Break
11:00 am – 12:15 pm SESSION 3: First six months of MDL: court organization and responsibilities of court officers, e.g., magistrate judge, clerk of court, and court-appointed special masters on discovery or settlement; lawyers should attend scheduled court meetings, network, and market skills and experience (McGovern-Childs, Seeger, and Geller)
12:15 pm – 1:30 pm Lunch at Duke Law
1:30 pm – 2:45 pm SESSION 4: Role of court in organizing attorneys: appointment of lead counsel, PSC, and other executive committees; managing MDL, including court order governing ongoing timekeeping and limits on expenses; learn transferee judge’s background and experience; judicial trends in appointing specific types of lawyers to leadership positions (Walker – Fallon, Cabraser, Rafferty, and Gotz)
2:45 pm – 3:00 pm Break
3:00 pm – 4:00 pm SESSION 5: How much money is needed to fund the litigation and how to finance obligations, financed directly or by arrangement with third party; what is level of risk tolerance; how common benefit fund is created and administered (Dodge – Fallon, Seeger, and Rice)
4:00 pm – 5:00 pm SESSION 6: Role of lawyers in managing MDL and conferring with individual plaintiffs: appointment of PSC and executive committees, and organization of subcommittees; who assigns lawyers to individual subcommittees, e.g., judge, lead counsel, executive committee; conferring with individual clients and communicating with all plaintiffs when appointed to a leadership position, e.g., disclosure of superior duty to the court and confidentiality limitations (McGovern – Childs, Rice, Seeger, and Geller)

Thursday, March 14, 2019
Day 2 – Committee Tasks

Time Description
8:00 am – 8:45 am Breakfast at Duke Law
8:45 am – 9:45 am SESSION 7: Case-Management Order: scope of order and detailed procedural roadmap; Master Pleadings (Walker – Fallon, Cabraser, Dearman, and Anapol)
9:45 am – 10:45 am SESSION 8: Document review management, e.g., project management: institute and monitor litigation hold; select and review vendor; negotiate ESI protocol; select custodian list; negotiate scope of discovery; review produced documents; create log of all discovery work; respond to document, interrogatories, and admissions requests of plaintiffs (Dodge – Rodgers, Buchanan, Rafferty, and Dearman)
10:45 am – 11:00 am Break
11:00 am – 12:00 pm SESSION 9: Privilege Logs, project management: review defendant logs; identify deficiencies (McGovern – Childs, Rafferty, Robertson, and Anapol)
12:00 pm – 1:30 pm Lunch at Duke Law
1:30 pm – 2:30 pm SESSION 10; Facts Discovery, e.g., project management: identify defense witnesses to depose, prepare outlines for depositions, and depose witnesses (Walker – Rodgers, Seeger, Ann Rice Ervin, and Robertson)
2:30 pm – 3:30 pm SESSION 11: Experts Discovery, e.g., project management: research and retain experts; oversee preparation of expert disclosures; depositions (Dodge – Kennelly, Rice, Buchanan, and Johnson)
3:30 pm – 3:45 pm Break
3:45 pm – 5:00 pm SESSION 12: Settlement: timing: role of judge; use of mediators; project management – negotiations, principal players; remand (Dodge – Fallon, Seeger, Martin, and Gilbert)

Friday, March 15, 2019
Day 3 – Disposition of MDL

Time Description
8:00 am – 9:00 am Breakfast at Duke Law
9:00 am – 10:00 am SESSION 13: Trial preparation: project management, bellwether – consult with experts to identify strongest liability cases; review trial candidates recommended by law firms (Walker – Kennelly, Rafferty, Johnson, and Scott)
10:00 am – 10:15 am Break
10:15 am – 11:15 am SESSION 14: Law and Substantive issues preparation and briefing, e.g., plaintiff and defendant fact sheets; project management: coordinate research and drafting of all pleadings and motions, e.g., plaintiff and defendant fact sheets, motions in limine, evidentiary motions, and assisting in oral arguments preparation; appellate briefing (McGovern – Kennelly, Geller, Jensen, and Billsborrow)
11:15 am – 12:15 pm SESSION 15: Attorney fees: common benefit fund; class-action settlement funds; and individual client payments (Walker – Herndon, Geller, Tellis, and Martin)
12:15 pm – 1:15 pm Lunch at Duke Law
1:15 pm – 2:15 pm SESSION 16: Distribution process: use of claims administrators and other experts; criteria for disbursements; continuing responsibilities, lien reconciliation (McGovern – Kennelly, Cabraser, Billsborrow, and Gilbert)
2:15 pm – 3:15 pm SESSION 17: Unique Aspects of MDLs, e.g., Lexicon issues, tag-alongs, class actions, pro se actions, parallel state court litigation (Dodge – Herndon, Cabraser, Gotz, and Tellis)