Dykema Litigation Institute Webinar Series

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Upcoming DLI Webinar

Post Judgment Legal Remedies: The Beginning of the End (of Collection on your Judgment)

Companies need their judgments enforced more than ever for their businesses to be viable. Most of the time obtaining a judgment in a lawsuit is the easiest part of the debt collection process. Once a judgment is granted, it is left in the creditor’s hands to take action on the judgment and enforce the collection due. However, a lot of times, this is easier said than done and creditors face a difficult time collecting those unpaid debts. Join us for a complimentary webinar where we will discuss a practical guide, tips, and legal strategies to enforcing judgments by looking at post-judgment proceedings and ancillary litigation needed to recover assets.

Wednesday, December 11, 2019
1:00 p.m. – 2:00 p.m. EST

Speakers: Greg Jones, Senior Counsel, Los Angeles; Mark Silverman, Member Chicago

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Past DLI Webinars

The Fiduciary Duty, Notable Legal Changes Impacting Trust and Estates and the Financial Services Industry

November 21, 2019

A presentation regarding fiduciary duties impacting (i) digital assets of trust and estates and (ii) mortgage servicing. This webinar reviews evolving case law concerning the duties of trust and estate fiduciaries to access and protect digital assets, which includes such things as rights to social media content, digital currency, and digital media. Also covered in this webinar is emerging fiduciary duties of mortgage servicers in assisting borrowers with loss mitigation and strategies for defending against fiduciary duty claims in litigation.

SpeakersDavid B. West, Member, San Antonio; Dawn N. Williams, Member, Grand Rapids

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Managing the Legal Risk of Disputes in International Business

October 15, 2019

In recent years, the international activities of US corporations have grown at a remarkable rate. As a result, more clients and potential clients are encountering international business disputes, which present legal risks, challenges and opportunities that can differ substantially from the usual course of wholly domestic disputes. This webinar reviews those differences, and sets out basic measures to manage the risks of an international dispute and prepare the ground so that, if one does arise, clients will be well-positioned to achieve efficient and effective results. 

Speaker: Timothy J. McCarthy, Senior Counsel, Dallas

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SCOTUS Review and Preview

September 17, 2019

The annual Dykema Litigation Institute (DLI) United States Supreme Court review and preview webinar discusses trends from the last term; decisions that will affect corporations, including rulings on class actions, arbitration, antitrust, First Amendment, and banking law; and previews of the upcoming term.

Speakers: Jill M. Wheaton, Appellate Practice Leader, Ann Arbor; Rosa M. Tumialán, Member, Chicago; Cory L. Webster, Senior Counsel, Los Angeles

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Absolute Liability and Res Ipsa Loquitur: Dangerous Legal Concepts Potentially Stifling Autonomous Vehicle Innovation

August 20, 2019

Autonomous vehicles bring promises of enhanced safety, boosted personal productivity time, eased traffic congestion, and improved fuel economy, among other societal benefits. So what is holding us back? The advancement of the technology itself is one barrier. Another speedbump is consumer acceptance – giving up the driving experience. A third and frequently overlooked factor may be a potentially hostile regulatory and legal landscape for innovators operating in this space. As with all innovation, the law often reacts and plays catch-up to game-changing products and services. As intermediate technologies such as automatic emergency braking and lane keep assist are more frequently becoming the subjects of products liability lawsuits, the common law legal model for assessing what will eventually become fully autonomous vehicle technologies is already developing.

This discussion addresses the legal framework – strict products liability – that has served the interests of injured plaintiffs and auto manufacturers for decades, and why this model is well-suited for the future of auto products liability in the era of autonomous vehicles. Commentators calling for an absolute liability model, or application of the res ipsa loquitur doctrine to cases involving injured parties in autonomous vehicles, should pay attention because these narrow legal concepts are ultimately likely to do more harm than good. With human error underlying the vast majority of all injury crashes, taking the human out of the equation means enormous potential safety benefits. Bad law should not be a deterrent to critical autonomous vehicle innovation and its deployment out onto our roads.

Speaker: Michael R. Carey, Member, Minneapolis

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Litigating Trade Secrets and Patents: When, Where, Who, Why and Other Questions You Were Afraid to Ask

July 23, 2019

The Defend Trade Secrets Act (DTSA) resulted in an increase in trade secret claims in the last three years. Separately, while there had been a slowdown in patent litigation claims during that same time period, the last several months have seen a significant uptick in filings. Thus, it is clear that both trade secrets and patents play increasingly important roles in today’s technology-centric economy. Understanding the protections afforded by your IP and unique issues in enforcing that IP in litigation are critical to maintaining your company’s competitive advantage. Relatedly, whether as a plaintiff or a defendant, planning ahead for a possible IP lawsuit and understanding the unique legal and factual issues that might arise will assist your company’s ability to minimize expense and burden when involved in litigation.

Topics covered include:

  • What is a trade secret and how is it different from a patent?
  • Timing considerations in filing lawsuits for misappropriation of trade secrets and patent infringement
  • Availability of challenges to the IP
  • Different litigation strategies for different types of IP
  • Setting up for success – prepare for the lawsuit before it happens

Speakers: Michael Dorfman, Member, Chicago; Victor Johnson, Member, Dallas; Michael Adams, Member, Austin

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What the Future Holds for the False Claims Act

June 18, 2019

The False Claims Act (FCA) is one of the government’s most powerful tools, allowing for treble damages and qui tam or “whistleblowers” to bring FCA claims. The United States Department of Justice (DOJ) has successfully used the FCA in a wide variety of industries from healthcare to government contracting to residential mortgages. For the first time, DOJ recently issued guidance on voluntary disclosures to reduce civil penalties in FCA cases. Recent Supreme Court decisions have significantly expanded the time period for relators to bring FCA actions. This webinar examines the False Claims Act in detail, as well as how the judicial developments and new DOJ policies affect businesses that receive federal funds or contract with federal government.

Speakers: Jonathan S. Feld, Member, Chicago; John C. Dulske, Member, San Antonio

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Common Mistakes in the Design and Operation of Compliance Programs—and the Legal Consequences They Create

May 21, 2019

It is no secret that having a compliance program is a must, particularly for companies in heavily regulated industries. The existence of an “effective” compliance program is a material credit in the Federal Sentencing Guidelines; it is a factor used by enforcement agencies in determining whether to pursue criminal charges or even to pursue a matter at all; and, most importantly it can prevent wrongdoing in the first place. But, all too often companies put little thought into the design of the program and, even more frequently, pay little attention to the operation of the program. This can lead to material consequences, increasing your chances of finding yourself defending the company in a government investigation or litigation or creating major obstacles in litigation.

This webinar addresses some of the mistakes commonly made by companies as they design, implement and operate their compliance programs as well as how these mistakes lead to legal trouble down the road.

Speaker: William (Butch) F. Hulse, IV, Member, San Antonio

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What’s on the Horizon for Employers in 2019? A Review of Developments in 2018 and Emerging Issues in 2019

April 16, 2019

During 2018, employers across all industries were impacted by developments in labor and employment law, including legislative changes spurred by the #MeToo movement, the impact of the enforceability of class and collective action waivers in arbitration agreements, and the shifting enforcement positions of the EEOC, the NLRB, and the Department of Labor, among other government agencies. In 2019, we predict that employers will have to navigate significant changes to overtime exemptions and the method of determining overtime compensation. Employers will have to update their policies as more states enact legislation permitting marijuana use and the National Labor Relations Board pulls back on prior restrictions on confidentiality clauses, social media postings, and other employee handbook policies.

Topics addressed during the webinar include:

  • Significant cases brought by the EEOC and the agency’s recent enforcement priorities
  • Developments in wage and hour litigation and the Department of Labor’s regulatory agenda
  • Recent Supreme Court labor and employment decisions
  • New interpretations of the NLRB affecting union and nonunion employers
  • General trends in employment litigation and settlements
  • Developments in state laws regarding employee use of marijuana

Speakers: Arlene Switzer Steinfield, Senior Counsel, Dallas; Elizabeth A. Voss, Senior Attorney, Dallas

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Recent Trends in Consumer Class Actions Against Credit Unions and Banks

March 27, 2019

This webinar reviews recent trends in class action litigation filed against credit unions and banks; examines new theories of liability and potential defenses; and compares and analyzes some of the publicly-disclosed settlements reached in these cases. The speakers also take a look forward at the potential impact of forthcoming laws, including the California Consumer Privacy Act (CCPA), that are likely to create new class action risks.

Speakers: Ashley R. Fickel, Member, Los Angeles; Brittany J. Mouzourakis, Associate, Bloomfield Hills

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The Constitutionality of the CFPB’s Single Director Structure And Enforcement Actions Under Trump Appointees Mulvaney and Kraninger

February 19, 2019

This presentation revies challenges to the structure of the Consumer Financial Protection Bureau (CFPB), along with a discussion of CFPB activities under the stewardship of former Acting Director Mick Mulvaney and Director Kathy Kraninger (confirmed by the Senate in December 2018). Topics include:

  • The background of Congress’s decision to consolidate enforcement and audit authority for numerous previously independent federal agencies under the umbrella of the CFPB;
  • Challenges to the constitutionality of the CFPB’s single director structure;
  • An analysis of the RD Legal Funding decision from the Southern District of New York (currently on appeal to the Second Circuit) finding the CFPB unconstitutional in its entirety;
  • A discussion of the various opinions of the DC Circuit in PHH Corp, along with other subsequent court opinions addressing the constitutionality of the structure; and
  • An analysis of current enforcement activities since the interim appointment of Mulvaney and Director Kraninger compared to that of former Director Cordray.

Speakers: Laura C. Baucus, Leader – Financial Services Litigation Practice Group, Bloomfield Hills; Joseph H. Hickey, Assistant Leader – Financial Services Litigation Practice Group, Bloomfield Hills

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Critical Considerations: Autonomous Vehicle Product Liability and Potential Legal Risks

January 15, 2019

In the absence of new laws to allocate the risk of product liability emanating from the deployment of autonomous vehicles, that risk will be allocated in consideration of existing legislation and traditional principles of law. This program reviews who in the universe of autonomous vehicle players (car makers, technology providers, suppliers and municipalities) may be exposed to product liability emanating from autonomous vehicles; which legal theories will predominate; what relevant trends have already been witnessed in analogous situations; and whether legislation might be politically feasible and practically helpful.

Speaker: Brian T. Smith, Member, Bloomfield Hills

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2018 Year in Review: Privacy and Data Security Trends

December 13, 2018

This webinar includes in-depth discussion regarding the current state of the privacy and data security industry and strategies to help your company mitigate legal risk in this ever-changing environment. The presentation includes review of legal trends in 2018, discusses how these developments may impact your company (and how to effectively prepare and respond) and provides analysis of potential cyber-related issues that may arise in 2019 to help in planning for the coming year.

Speaker: Sean C. Griffin, Member, Washington, D.C.

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Natural Disasters: Concurrent Causation and its Impact on Commercial Property and Liability Coverage

November 28, 2018

In 2017, natural disasters caused $306 billion in total damage across the United States – the largest amount for any single year. Three devastating hurricanes and multiple wildfires all contributed to the record-breaking year, raising concerns about the effects of future natural disasters. Unfortunately, 2018 is sizing up to be another record year for losses from natural disasters, and current predictions on climate change suggest that losses from natural disasters and related insurance claims will only continue to escalate.

Causation is the starting point for any insurance coverage determination. Once a cause of loss is determined, that decision forms the foundation from which all other claims issues are decided. This webinar explores the trend of more frequent and more catastrophic natural disasters and what legal effects they have on commercial property and general liability coverage. The speakers review the doctrine of concurrent causation, anti-concurrent causation clauses, and how the language of typical commercial property and liability policies may impact coverage for losses from natural disasters.

Speakers: Thomas E. Sanders, Member, San Antonio; Thomas B. Alleman, Member, Dallas

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The Convergence of Automotive, Product, Class Action, and Consumer Litigation

October 16, 2018

Defect theories that begin in individual automotive product liability and consumer warranty litigation routinely find their way into class action litigation, but with a twist. The strict liability theories asserted in product litigation, and the warranty theories asserted in consumer litigation, become fraud claims in the class actions. Now, the process is starting to reverse; the consumer fraud claims are now being asserted in individual product and consumer cases. The net result is that strategies for class action litigation are becoming increasingly relevant to the defense of product and consumer litigation, and vice versa. This program explores some of those strategies, including removal of product, class action, and consumer litigation to federal court, anticipating and defending against collateral estoppel claims (and the relationship between collateral estoppel and class certification), deposing class representatives and individual plaintiffs, legal defenses to fraud claims, and more.

Speakers: John M. Thomas, Member, Ann Arbor; Derek S. Whitefield, Member, Los Angeles

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Dykema’s Annual SCOTUS Review and Preview

September 18, 2018

The annual Dykema Litigation Institute (DLI) United States Supreme Court review and preview webinar discusses decisions from the last term that will affect corporations, including rulings on class actions, jurisdiction and arbitration. The speakers also preview the upcoming term, including cases that are on the docket and the potential makeup of the Court.

Speakers: Jill M. Wheaton, Member, Ann Arbor; James S. Azadian, Member, Los Angeles; Rosa M. Tumialán, Member, Chicago

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Social Media, Email, Texts and Video Evidence: What to Look For, Where to Find It and How to Get It Admitted

August 28, 2018

This webinar reviews the latest procedures and case law regarding social media and electronic data as it pertains to obtaining and admitting evidence. From Facebook to Snapchat, Gmail to YouTube, the speakers discuss a wide range of discovery-related topics, including collecting evidence from apps, working with metadata in litigation, subpoenaing social media companies, archive features, and more. The program discusses real-world examples, including processing, review and production pitfalls, to provide legal counsel with ways to mitigate admission errors.

Speakers: David Graham, Senior Counsel, Minneapolis; Dante Stella, Member, Detroit

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The Future of Home Loans: eNotes and eMortgages

July 17, 2018

This webinar focuses on a discussion on digital mortgage loans, including the current state of industry use of eNote and eMortgages and an analysis of where originators, warehouse lenders, investors and servicers are for eNotes and eMortgages. In addition, the program analyzes the legal risks and problems the industry may face related to eNotes and eMortgages. The speakers discuss the need for servicers to re-tool various policies and procedures related to note and mortgage enforcement when eNotes and eMortgages are involved. The webinar includes:

  • An overview of the current state of eNote and eMortgage adoption
  • Steps to complete a full eNote and eMortgage process – from application, processing and underwriting, pre-closing, closing, post-closing and subsequent transfers
  • Use of eNotarization at closing
  • What is slowing the adoptions of eNotes and eMortgages industry-wide?
  • Industry use of a hybrid process (paper + “e” components)
  • Legal risks involving the use of eNote and eMortgages
  • The enforceability of eNotes and eMortgages including applying current paper note and mortgage case law to electronic documents
  • The various legal requirements for the electronic execution of documents and the electronic delivery of mandatory disclosures, including E-SIGN (Electronic Signatures in Global and National Commerce Act), the Uniform Electronic Transfer Act and the Uniform Commercial Code
  • Jurisdictional challenges to the use of eNotes and eMortgages
  • Potential liability for originators, lenders, investors, and servicers related to eNotes and eMortgages
  • Best practices for establishing and maintaining policies and procedures to ensure the enforceability of eNotes and eMortgages
  • Understanding where eNotes are stored and who owns and controls the eNote
  • Litigation trends and issues
  • Case studies involving eNotes and eMortgages

Speakers: Laura C. Baucus, Member, Bloomfield Hills; Joseph H. Hickey, Member, Bloomfield Hills

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The Intersection of Healthcare and Insolvency: Where Are We Now and Where Are We Heading?

June 19, 2018

Healthcare delivery represents roughly 18% of the U.S. economy, but recently the headlines related to the industry suggest stormy weather ahead. This webinar discusses the intersection of healthcare and insolvency. What is the current state of the industry? Why are nursing homes, hospitals and other healthcare institutions in financial trouble? What factors are changing reimbursement rates? What effect does litigation have on the success or failure of the nursing home industry? What market forces are at play in consolidating some aspects of the industry? This program also discusses recent cases, regulatory restrictions on reimbursements, disruptive technology, tort claims and qui tams, and the anatomy of a bankrupt healthcare company.

Speakers: Mark E. Andrews, Member, Dallas

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Emerging Issues in Trade Secrets Protection and Litigation

May 15, 2018

This program includes a discussion regarding protection of company trade secrets, including best practices in hiring employees from competitors and advising departing employees on avoiding claims of theft of trade secrets. The webinar also focuses on the latest emerging strategies and trends in federal and state trade secrets litigation.

The webinar addresses:

  • Strategies for lawfully hiring a competitor’s employees
  • Litigation strategy – defining business and litigation objectives (What is a win? How can that be achieved through litigation?)
  • Preparation and filing of lawsuit: State or federal court? State and/or federal claims? Claims to include/omit? Validity of employee and customer non-solicitation agreements?
  • When and why: Temporary restraining orders and preliminary injunctions
  • Discovery strategies for trade secret cases
  • Jury instructions, special verdict forms and selecting a jury

Speakers: Victor C. Johnson, Member, Dallas; Donna K. McElroy, Member, San Antonio

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Proactive Measures for Employers in the #MeToo Era

April 17, 2018

Please join Dykema employment litigators for a discussion of the challenges and legal obligations faced by employers as a result of the #MeToo movement and the circumstances that led to the movement. Employers are obligated to develop strong anti-harassment policies that include comprehensive complaint procedures. Effective remedial measures must be taken when the facts confirm that inappropriate workplace conduct has occurred. At the same time, employers must be vigilant to protect the company and its employees from frivolous claims and litigation risks.

Employers should understand the legal definitions of sexual harassment and assault. An effective policy circulated to all employees and the implementation of a training program are both essential to preventing claims of sexual harassment. Familiarity with the initial steps to take when confronted with a claim of harassment is also key. Companies should be able to identify the “who, what, where, when and how” and understand how they should respond when they receive a complaint.

Additional topics include:

  • “Me Too” v. “Not Here”: finding a balance that acknowledges that sexual harassment is real, but that not every claim has merit
  • Internal complaint procedures – the goal is to keep the complaint internal
  • What happens when an employer learns that the complaint of harassment did occur
  • What happens when an employer concludes that the complaint lacks merit
  • How should an employer react when he or she cannot definitively determine whether the complaint has merit, or at least some merit
  • How to manage both the complainant and the accused during the investigation and thereafter
  • Beware of the retaliation claim: an employee with a meritless harassment claim can have a meritorious retaliation claim which can lead to litigation
  • How to handle an employee who appears to be using a complaint as the path to job security
  • The legal risks to companies in such situations

Speakers: Elisa J. Lintemuth, Member, Grand Rapids; Arlene Switzer Steinfield, Senior Counsel, Dallas

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Internal Investigations: Protecting Attorney-Client Privilege Against Increasing Attacks

March 27, 2018

In recent years, companies have encountered an increased need to conduct internal investigations to address allegations in many areas, including harassment and other employment concerns; government fraud and False Claims Act issues; breaches of codes of ethics; and violations of state and federal laws in regulated industries. But as demonstrated in the Manafort charges, protecting attorney-client privilege has become more perilous and prone to attack. Before conducting an investigation, in-house counsel should understand what is not protected, and how to most effectively protect confidentiality and privilege during all stages of an internal investigation. During this program, we discuss:

  • Defining the attorney-client privilege in internal investigations
  • Effective use of joint defense agreements
  • Establishing privilege over discussions with former employees
  • The growing use of the crime-fraud exception and claims of waiver by the government
  • How the use of non-lawyer consultants can affect privilege
  • Practical considerations, including insurance coverage for investigations

Speakers: Jonathan S. Feld, Member, Chicago; Jason M. Ross, Member, Dallas; John F. Rhoades, Senior Attorney, Detroit

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Legislation and Regulation of Highly-Automated Vehicles, Vehicle-to-Vehicle Warning Systems and Real-World Roll-Out

January 30, 2018

There have been major developments in federal and state legislation, regulation and policies for Highly-Automated Vehicles (HAV), including the all-new Department of Transportation HAV Policy 2.0, supplanting the one issued by the National Highway Traffic Safety Administration (NHTSA) under the Obama Administration. Moreover, federal legislation has been introduced in the United States Senate for HAV. Michigan’s Governor Rick Snyder had signed into law historic autonomous vehicle legislation (AV Legislation) permitting the operation on Michigan roadways of autonomous vehicles, platoons of electronically coordinated vehicles and autonomous ride-hailing fleets. The AV Legislation signaled Michigan’s desire to be at the center of advanced vehicle technology developments, without significant state regulatory impediments. This webinar explains what has occurred since January 2017 in Michigan and across the nation, including actual HAV deployment, and what’s coming in 2018. Last, NHTSA had issued Notice of Proposed Rulemaking (NPRM) on Vehicle-to-Vehicle (V2V) Communications – technology that enables cars to warn each other to help drivers avoid potential collisions – at the end of the previous Administration. The proposed rule would require the installation of V2V messaging equipment on all new light vehicles over a two-to-four year phase-in period. This program also discusses the latest status of that NPRM.

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CLE accreditation is not provided by Dykema for these recordings. Please check your local jurisdiction’s rules for any self-study or self-apply options.