Agenda
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Agenda

March 13, 2019
Day 1 – Overview of Mass-Tort MDL

8:00 am-9:00 am  Continental breakfast and Sign-In

9:00 am-9:30 am   Overview: history, evolution, and current status

9:30 am-11:00 am  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; role of Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation

11:00 am-11:15 am  Break

11:15 am-11:45 am  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

11:45 am-1:00 pm   Lunch

1:00 pm-2:00 pm   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

2:00 pm-3:00 pm   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

3:00 pm-3:15 pm     Break

3:15 pm-4:15 pm      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

4:15 pm-5:15 pm      How much money is needed to fund PSC slot and how to finance obligations, financed directly or by arrangement with third party; what is level of risk tolerance?; How a common benefit fund is created and administered

March, 14, 2019
DAY 2 – Committee Tasks
8:00 am – 9:00 am    Breakfast

9:00 am-10:00 am     Case-Management Order: scope of order and detailed procedural roadmap

10:00 am-10:15 am    Break

10:15 am-11:30 am     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

11:30 am-12:30 pm    Privilege Logs, project management: review defendant logs; identify deficiencies

12:30 pm-1:30 pm     Lunch

1:30 pm-2:30 pm       Facts Discovery, e.g., project management: identify defense witnesses to depose, prepare outlines for depositions, and depose witnesses

2:30 pm-3:30 pm      Experts Discovery, e.g., project management: research and retain experts; oversee preparation of expert disclosures; depositions

3:30 pm-3:45 pm       Break

3:45 pm-5:00 pm       Law and Substantive issues preparation and briefing, e.g., project management: coordinate research and drafting of all pleadings and motions, e.g., motions in limine, evidentiary motions, and assisting in oral arguments preparation; appellate briefing

March 15, 2019
DAY 3 – Disposition of MDL
8:00 am – 9:00 am     Breakfast

9:00 am-10:00 am      Trial preparation: project management, Bellwether – consult with experts to identify strongest liability cases; review trial candidates recommended by law firms

10:00 am-10:15 am    Break

10:15 am-11:15 am      Settlement: timing: role of judge; use of mediators; project management – negotiations, principal players

11:15 am-12:15 pm     Attorney fees: common benefit fund; class-action settlement funds; and individual client payments

12:15 pm-1:15 pm      Lunch

1:15 pm-2:15 pm        Distribution process: use of claims administrators and other experts; criteria for disbursements; continuing responsibilities, lien reconciliation

2:15 pm-3:15 pm       Unique Aspects of MDLs, e.g., Lexicon issues, tag-alongs, parallel state court litigation