Turning Chaos Into Conformity - Dinsmore & Shohl LLP

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Panelists Darryl M. Bloodworth

Patrick Michael

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth Orlando, FL [email protected]

Dinsmore & Shohl Louisville, KY [email protected]

James C. Green

Michael J. Zylstra

VP, General Counsel & Corporate Secretary MANITOU AMERICAS, INC. West Bend, Wisconsin

VP, General Counsel & Corporate Secretary CRACKER BARREL OLD COUNTRY STORE, INC. Lebanon, Tennessee

1

Panelists Darryl M. Bloodworth

Patrick Michael

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth Orlando, FL [email protected]

Dinsmore & Shohl Louisville, KY [email protected]

James C. Green

Michael J. Zylstra

VP, General Counsel & Corporate Secretary MANITOU AMERICAS, INC. West Bend, Wisconsin

VP, General Counsel & Corporate Secretary CRACKER BARREL OLD COUNTRY STORE, INC. Lebanon, Tennessee

2

Darryl M. Bloodworth Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth 3

Patrick Michael Dinsmore & Shohl, Louisville, KY 4

James C. Green VP, General Counsel & Corporate Secretary – MANITOU AMERICAS

5

Michael J. Zylstra VP, General Counsel & Corporate Secretary CRACKER BARREL OLD COUNTRY STORE, INC. 6

Turning Chaos into Conformity

7

Topics Turning Chaos into Conformity Case Management Cost Control Quality Assurance & Reporting

8

Multi-Jurisdictional Litigation

9

0 States Lawsuits = 0 WA MT

ME

ND VT

MN

OR

NH ID

WI

SD

NY

WY

RI CT

MI PA

IA NE

NV

OH IL

UT

MD

WV KS

MO

NJ DE

IN

CO CA

MA

VA

KY NC TN

AZ

OK NM

AR

SC

MS

AL

GA

TX LA FL

Multi-Jurisdictional Litigation

10

2 States Lawsuits = 2 WA MT

ME

ND VT

MN

OR

NH ID

WI

SD

NY

WY

RI CT

MI PA

IA NE

NV

OH IL

UT

MD

WV KS

MO

NJ DE

IN

CO CA

MA

VA

KY NC TN

AZ

OK NM

AR

SC

MS

AL

GA

TX LA FL

Multi-Jurisdictional Litigation

11

5 States Lawsuits = 8 WA MT

ME

ND VT

MN

OR

NH ID

WI

SD

NY

WY

RI CT

MI PA

IA NE

NV

OH IL

UT

MD

WV KS

MO

NJ DE

IN

CO CA

MA

VA

KY NC TN

AZ

OK NM

AR

SC

MS

AL

GA

TX LA FL

Multi-Jurisdictional Litigation

12

9 States Lawsuits = 17 WA MT

ME

ND VT

MN

OR

NH ID

WI

SD

NY

WY

RI CT

MI PA

IA NE

NV

OH IL

UT

MD

WV KS

MO

NJ DE

IN

CO CA

MA

VA

KY NC TN

AZ

OK NM

AR

SC

MS

AL

GA

TX LA FL

Multi-Jurisdictional Litigation

13

23 States Lawsuits = 131 WA MT

ME

ND VT

MN

OR

NH ID

WI

SD

NY

WY

RI CT

MI PA

IA NE

NV

OH IL

UT

MD

WV KS

MO

NJ DE

IN

CO CA

MA

VA

KY NC TN

AZ

OK NM

AR

SC

MS

AL

GA

TX LA FL

Multi-Jurisdictional Litigation

14

Case Management National or Regional Litigation • • • • •

Wage & Hour Workers’ Compensation Asbestos Financial Services Premises Liability

Similar or Identical Issues Similar or Identical Facts

15

Case Management National or Regional Litigation • National Coordinating Discovery Counsel • Multi-District Litigation

Similar or Identical Issues Similar or Identical Facts

16

Case Management National or Regional Litigation

Similar or Identical Issues

• Framework for Proposals • Uniform Management Approach to Litigation

Similar or Identical Facts

17

Managing Counsel & Local Counsel

18

Managing Firm

Client

Participating Firm

Participating Firm

Managing Counsel & Local Counsel

Participating Firm

19

Managing Firm

Client

(specific tasks)

Participating Firm

Participating Firm

Managing Counsel & Local Counsel

Participating Firm

20

Selection of Managing Firm

21

Selection of Managing Firm Managing Firm Participating Firm

Participating Firm

Participating Firm

Participating Firm

Participating Firm

Participating Firm

22

Responsibilities of Managing Firm

23

Management Responsibilities

Managing Firm

– Management of all matters – Reporting to Client – Preparation of Client Invoices – Coordination of all Discovery – Coordination with Client of all Strategic Decisions

Managing Firm

Participating Firm

24

Management Responsibilities – Identify an in-house lawyer – single point of contact

Client In-House Management

– Management of all matters – Coordination of all Discovery – Coordination of all Strategic Decisions

Client

Participating Firm

25

Management Responsibilities – Report to Client

Client In-House Management

– Handle day-to-day case responsibility each matter – discovery & appearances – Tactical Recommendations – Monthly Reports

Participating Firm

– Monthly Invoices

Participating Firm

26

Managing Firm

Client

(specific tasks)

Participating Firm

Participating Firm

Participating Firm

Management Responsibilities

27

Management Responsibilities – Develop standardized forms

Managing Firm (specific tasks)

– Legal research database – Maintain document library – Training Participating Firms Participating Firm

Specific Tasks

28

Cost Control

29

Invoices Managing Firm – Prepare Single Monthly Invoice – Participating Firms provide monthly invoices to be included as a Disbursement on the Managing Firm Invoice – Participating Firms’ Invoices to include itemization of fees & expenses

Cost Control

Participating Firm

30

Invoices – Prepare Monthly Invoice

Client In-House Management

– Participating Firms’ Invoices to include itemization of fees & expenses

Participating Firm

Cost Control

31

Forms Managing Firm – Standardize defenses & admissions – Develop forms & guidelines for handling Discovery with the Client – Develop legal authorities & memo database

Participating Firm

– Uniform resolution strategy

Cost Control

32

Forms – Standardize defenses & admissions

Client In-House Management

– Develop forms & guidelines for handling Discovery with the Client – Develop legal authorities & memo database

Participating Firm

– Uniform resolution strategy

Cost Control

33

Quality Assurance & Reporting

34

Quality Assurance & Reporting

Managing Firm

– Develop a Reporting System with the Client – Reporting Format – web based that provides real-time access – Monthly Report – unless other Client preference

Reporting

Participating Firm

35

Quality Assurance & Reporting – Develop a Reporting System with the Client

Client In-House Management

– Reporting Format – web based that provides real-time access – Monthly Report – unless other Client preference

Reporting

Participating Firm

36

Wrap Up

37

Five for the Road

Managing Firm

1. In-House or Outside Counsel 2. Protocols 3. Role of Local Counsel 4. Standardization 5. Quality Assurance – Metrics

Participating Firm

38

Five for the Road

Managing Firm

1. In-House or Outside Counsel 2. Protocols 3. Role of Local Counsel 4. Standardization 5. Quality Assurance – Metrics

Participating Firm

39

Five for the Road

Managing Firm

1. In-House or Outside Counsel 2. Protocols 3. Role of Local Counsel 4. Standardization 5. Quality Assurance – Metrics

Participating Firm

40

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Turning Chaos Into Conformity - Dinsmore & Shohl LLP

Panelists Darryl M. Bloodworth Patrick Michael Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth Orlando, FL [email protected] Dinsmore & Shoh...

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