Managing Your Complex Case

As parties and issues multiply, headaches and nightmares compound. Managing the myriad of alliances, conflicts and schedules in complex litigation is a challenge for the most seasoned veteran. But, it can be mastered!

In this concise and focused presentation, Judge Ron Hedges will expose you to proven methods for shepherding your clients and their cases through often difficult landscapes of complex litigation. Your experience can be utilized a new light with insights gained from Hedge's practical and practice-based experience from both sides of the bench.

With a firm grounding in the rules of discovery and procedure, Hedges peers beyond the ordinary and explains the most effective ways to:

• position yourself at the outset;
• control the scope, timing and cost of discovery;
• organize the parties and manage the flow of information; and
• incorporate the special requirements and expectations of insurers.

Whether you fully expect a quick settlement, or are prepared and committed to go to trial, your powers of persuasion — bolstered by the organizational skills you will learn from Hedges — will deliver positive results for your clients.

Hedges is true to his mission to help you eliminate the unnecessary and coordinate all the relevant aspects of complex litigation. His presentation is framed in the same style — concise, energetic, entertaining and always practical.

Program Outline & Schedule (3 hours)

[Part I: 90 minutes]

The 26(f) Conference

• The difference between “small” government cases and large private ones
• Timing, purpose and result
• Must you attend? Should you attend?
• Amendments including preservation, discovery of ESI and nonwaiver agreements

Scope of Discovery

• Bifurcation relevant to claim defense and subject matter
• Limitations
• Assertion of privileges
• Cost shifting

26(a)(1) Initial Disclosures

• Scope and timing of disclosures
• Expert disclosures

Written Discovery

• Usefulness and timing of contention interrogatories
• What to stipulate… what to fight about
• “Discrete subparts,” “Reasonable particularity,” and “Possession”
• Requests to admit — separating facts from law

[15 minute break]

[Part II: 90 minutes]

Active Management of the Complex Case

• The joint role of the court and the attorneys
• Organization
• Parties
•  Motions
• Stays of discovery
• Party alignment
• Liaison counsel
• Stages of motion practice
• Managing the flow of information
• Where are all the documents?
• Electronic discovery issues
• Paper or electronic depository?
• Common database for experts
• Privilege logs
• Sequence for discovery

Insurance

• Insurers as third party defendants
• Insurers named in separate actions
• Duty to defend/indemnify may affect settlement discussion

[Adjourn]