2010 ANNUAL LEGAL REFORM SUMMIT
The 11th Annual Legal Reform Summit was held on October 27, 2010 in Washington, DC. Archived video of the luncheon keynote address and the panels is available through links in the agenda below.
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Throughout the day, ILR featured speakers and panels on key topics (see the agenda below) and unveiled a number of new research pieces which promise to advance the legal reform debate, including:
- “Cy Pres: A Not So Charitable Contribution to Class Action Practice,” a paper outlining how Cy pres awards in class actions engender a multitude of ethical and conflict-of-interest problems for judges, defendants, plaintiffs and absent class members;
- “Litigating in the Field of Dreams: Asbestos Cases in Madison County, Illinois,” a paper analyzing asbestos litigation trends in the perennially problematic jurisdiction of Madison County, Illinois;
- “Restoring Balance: Proposed Amendments to the Foreign Corrupt Practices Act,” a paper presenting a series of amendments that would improve the FCPA.
At the Summit, Kenneth R. Feinberg presented an alternative model to traditional litigation for settling claims resulting from major disasters such as the Gulf of Mexico oil spill.
Drawing from his roles as Independent Claims Adjuster for the BP Deepwater Horizon Spill Disaster Victim Compensation Fund and former manager of the 9/11 Victims Compensation Fund, Feinberg headlined the day-long Summit that focused on lawsuit abuse during a major economic downturn.
In addition, the event featured the 2010 Legal Reform Awards which honor individuals and organizations whose outstanding work has contributed to improving our nation's civil justice system. The 2010 recipients included State Sen. John Thrasher and State Rep. Eric Eisnaugle, both of Florida, for legislative achievement, as well as the law firm of Forman, Perry, Watkins, Krutz & Tardy for organizational achievement. The Civil Justice Association of California won the alliance award, while Robert P. Hartwig, Ph.D., president of the Insurance Information Institute, won an award for his important research accomplishments.
|8:15 a.m. – 8:45 a.m.||Registration and Continental Breakfast|
|8:45 a.m. – 9:00 a.m.||Welcoming Remarks
|9:00 a.m. – 10:00 a.m.||Move to the Head of the Class — The Latest Developments in Class Action Litigation (Watch Video)
This panel featured a discussion of hot issues in class action litigation, including: employment litigation, Dukes v. Wal-Mart Stores and the use of federal rule 23(b)(2) in class certification; cy pres; and third party financing.
Introduced and Moderated by Mary H. Terzino, Counsel to The Dow Chemical Company
|10:00 a.m. – 11:00 a.m.||Objection! Focusing on Fraud and Abuse in Litigation (Watch Video)
This panel discussed instances of fraud and abuse highlighting recent cases such as Illinois Central Railroad and Dole v. Tellez.
Introduced and Moderated by Harold H. Kim, Senior Vice President for Legal Reform Initiatives, U.S. Chamber Institute for Legal Reform
|11:00 a.m. – 11:15 a.m.||Transition Break|
|11:15 a.m. – 12:00 p.m.||The Spillover Effect – Liability and Future Ramifications Beyond the Gulf Oil Spill (Watch Video)
This panel examined legislation and liability issues stemming from the Deepwater Horizon oil spill.
Introduced and Moderated by: C. Allen Foster, Shareholder, Greenberg Traurig LLP
|12:00 p.m. – 12:15 p.m.||Transition Break|
|12:15 p.m. – 1:30 p.m.||Annual Legal Reform Awards Luncheon (Watch Video)
Special remarks by Thomas J. Donohue, President and Chief Executive Officer, U.S. Chamber of Commerce
Kenneth R. Feinberg, Feinberg Rozen, LLP
"Unique Responses to Unprecedented Disasters:
How the Law Copes"
Introduced by Thomas J. Donohue, President and Chief Executive Officer, U.S. Chamber of Commerce
2010 Legal Reform Awards
Presented by Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform
|1:30 p.m. – 1:45 p.m.||Transition Break|
|1:45 p.m. – 2:45 p.m.||Getting our Financial House in Order: the Role of Attorneys General in Financial Services (Watch Video)
This panel examined the sweeping new Dodd-Frank Wall Street Reform and Consumer Protection Act, its inclusion of enhanced enforcement powers for the state attorneys general, the interplay between the new Bureau of Consumer Financial Protection and the states, as well as the traditional role of state attorneys general in enforcing consumer protection laws.
Introduced and Moderated by Joe Nocera, Business Columnist, New York Times, Co Author "All The Devils Are Here: The Hidden History of The Financial Crisis"
|2:45 p.m. – 3:00 p.m.||Transition Break|
|3:00 p.m. – 4:00 p.m.||Navigating a Global Marketplace — Foreign Corrupt Practices Act and Potential Reforms (Watch Video)
Former U.S. Attorney General Michael B. Mukasey moderated a discussion on the Foreign Corrupt Practices Act and its impact on U.S. global competitiveness, enforcement activities by the Department of Justice and the Securities and Exchange Commission, and what, if any, reforms could be implemented.
Introduced and Moderated by The Honorable Michael B. Mukasey, Partner, Debevoise & Plimpton LLP, former Attorney General of the United States.
|4:00 p.m. – 5:00 p.m.||
The Political Landscape and 2010 Elections
This panel featured renowned political strategists Ed Gillespie and Terry McAuliffe, the former Chairmen of the Republican National Committee and the Democratic National Committee, respectively.
Introduced and moderated by: Morton M. Kondracke, Executive Director and Columnist, Roll Call
|5:00 p.m. – 5:30 p.m.||Networking Reception & Giveaway|
ILR thanks the sponsors of the 2010 Legal Reform Summit: