INFORMATION TECHNOLOGY LITIGATION
Conference in Detail (Day 2)
Friday, December 14, 2001
(Click here to see Day 1)
| 8:30 | Cutting Edge Issues in Technology Disputes |
John P. Hutchins, Esq., Program Co-Chair |
| 9:00 | Discovery of Electronic Evidence Discovery issues and management of electronic media; physical inspection of the adversary’s computer system; tools for managing and analyzing electronic evidence |
Hilary Harp, Esq. Powell, Goldstein, Frazer & Murphy LLP Atlanta, GA Brigham R. Simmons Senior Forensic Technology Associate KPMG LLP Atlanta, GA |
| 10:30 | Break |
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| 10:45 | Effective Trial Techniques in IT Cases Communicating with juries: Making juries care about a purely commercial dispute involving highly technical issues of proof; do’s and don’ts for courtroom demonstrations of the technology that is in dispute |
Stephen M. Dorvee, Esq., Program Co-Chair Angela L. Abel, Director DecisionQuest, Inc. Atlanta, GA Susan M. Bowers, Graphics Consultant DecisionQuest, Inc. Atlanta, GA |
| 12:15 | Lunch (on your own) |
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| 1:30 | Remedies/Damages |
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| Remedies available under U.C.C.; applicability of U.C.C. to web hosting disputes (is it a good or a service?); availability of “refund of purchase price” where there is clear limitation of remedies for “seller’s breach;” enforceability of limitations on consequential damages; availability of fraud damages (contract v. fraud remedies) and negligence damages; enforceability of attorneys’ fees provisions; proving lost profits for an “emerging business” |
Randy Gainer, Esq. Davis Wright Tremaine LLP Seattle, WA |
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| Selecting computer models for calculating damages; assessing the strengths and weaknesses of your opponents model; tips for cross examining experts | Chelton D.Tanger, Esq. PricewaterhouseCoopers LLP Atlanta, GA |
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| 3:00 | Break |
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| 3:15 | Alternative Dispute Resolution Renegotiation v. litigation; creative settlement possibilities (licensing giveaways; credits; free maintenance); the importance of timing regarding settlement and ADR; “style” mediators (passive v. “evaluative”); advantages and disadvantages of technical experts on arbitration panels; determining whether arbitration is really faster and cheaper than trial; other pitfalls and downsides of ADR |
J. David Dantzler, Jr., Esq. Long Aldridge & Norman LLP Atlanta, GA |
| 4:00 | Ethics Ex-parte communications with former employees; whether third-party witnesses need their own lawyers (and what to do if they ask); the ethical considerations of pursuing a “novel” legal theory; representing troubled companies— when is it too late to withdraw? |
Daniel A. Kent, Esq. Kritzer & Levick, PC Atlanta, GA |
| 5:00 | Adjourn |
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