INFORMATION TECHNOLOGY LITIGATION


Conference in Detail
Friday • December 5, 2003

(Click here to see Day 1)

8:30	Effective Use of Expert Witnesses Selecting an expert; testifying vs. non-testifying; privilege issues; opposing party access to work products of testifying experts; applicability of Daubert (and its progeny) to opinions about technical competency, compliance with performance standards; adequacy of testing, etc.	Richard L. Gabriel, Esq. Holme Roberts & Owen LLP Denver, CO
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	Stephen M. Dorvee, Esq. Program Co-Chair David T. Schultz, Esq. Halleland Lewis Nilan Sipkins & Johnson, P.A. Minneapolis, MN
10:30	Break
10:45	Effective Trial Techniques in IT Cases Communicating with juries: Making a jury 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	Walter H. Bush, Jr., Esq. Arnall Golden Gregory LLP Atlanta, GA Bryan G. Harston Graphics Vice President Bowne DecisionQuest Irving, TX
12:00	Lunch (on your own)
1:15	Remedies/Damages
	• 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”	Eric J. Marandett, Esq. Choate Hall & Stewart Boston, MA
	• Selecting computer models for calculating damages; assessing the strengths and weaknesses of your opponent’s model; tips for cross examining experts	Chelton D. Tanger PricewaterhouseCoopers LLP Atlanta, GA
2:30	Break
2:45	A Conversation about the Upsides and Downsides of ADR in IT Litigation A critical examination of the advantages and disadvantages of arbitration in IT disputes (is arbitration really “faster, cheaper, better?”); advantages and disadvantages of technical experts on arbitration panels; Renegotiation v. Litigation; creative settlement possibilities (licensing giveaways; credits; free maintenance); the importance of timing regarding settlement and ADR; mediator styles (passive v. evaluative); other upsides and downsides of ADR	Bruce P. Brown, Esq. Moderator McKenna Long & Aldridge LLP Atlanta, GA Philip Y. Brown, Esq. Adler Pollock & Sheehan P.C. Boston, MA Daniel S. Schecter, Esq. Latham & Watkins Los Angeles, CA
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. Jones Day Atlanta, GA
5:00	Adjourn

(Click here to see Day 1)

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