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Bad Faith Litigation Conference

September 26, 2005

Attorney(s) Speaking

CONFERENCE AGENDA

Monday, September 26, 2005

8:00
Registration and Continental Breakfast

9:00
Introduction and Opening Remarks
Craig Kline, Carroll Burdick & McDonough
Matthew Schlesinger, Reed Smith

9:15
Types of Bad Faith: An Update on What Courts

Have Held To Be Bad Faith and What Conduct Is Not Bad Faith
Philip Maxwell, Law Offices of Philip K. Maxwell
William Shelley, Cozen O'Connor

10:15
Morning Break

10:30
Preparing for the Bad Faith Trial: Identifying the Tools That Will Help You To Save Time and Become More Efficient In Preparing for Trial

• What discovery do you need?
• What information will you need from your witnesses and your opponent's witnesses to be ready for the battle at trial?
Frank Darras, Shernoff Bidart & Darras
Rodney Eshelman, Carroll Burdick & McDonough

11:30
Expert Techniques for Trying a Bad Faith Case

• Jury selection tactics and advice
• Effective ways to use demonstrative evidence
• Tips for the best presentation order
Dean Hansell, LeBoeuf Lamb Greene & MacRae
Additional speaker to be announced

12:30
Networking Luncheon

1:45
What You Need To Accomplish In a Coverage Investigation

This session will provide you with an analysis of how to conduct a coverage investigation in the underlying first party situation and how to evaluate the behavior and conduct of the counsel that could ultimately be the subject of the bad faith case
• Did the carrier comply with the standards for claims investigations or did it fall short?
• What tools are available for insurers in an investigation?
• To what degree can an insurer conduct an investigation?
• How quickly and in what manner can the investigation be conducted?
• What is the role and duty of the insured?
William Barker, Sonnenschein Nath & Rosenthal
Angela Elbert, Neal Gerber & Eisenberg

2:45
Can An Insurer Use Counsel To Protect Investigative Materials?

• To what extent is the lawyer's file subject to disclosure?
Stefan Passantino, McKenna Long & Aldridge

3:15
Afternoon Break

3:30
Effective Jury Instructions

Speaker to be announced

4:00
The Duty To Defend/Duty to Settle

• Where do you draw the line with the defense obligation? Practical advice on when an insurer does not have a duty to defend
Paul Engstrom, Engstrom, Lipscomb & Lack
William Friedrich, Farella Braun + Martel

5:00
Networking Reception

Tuesday, September 27, 2005

8:30
Continental Breakfast

9:00
Ethics Issues for Dealing with Experts That Every Bad Faith Litigator Needs To Understand
Jay Levin, Reed Smith

10:00
Morning Break

10:15
Panel Discussion: Hear From the Bad Faith Experts Themselves

• Learn their perspective on what works and what does not work in a bad faith case
• Advice on how they most efficiently work with attorneys
• Learn how to use your expert effectively
Moderator: Laura Foggan, Wiley Rein & Fielding; John Di Liberto, Insurance Consultant; Allan Windt, Claims Handler; Expert Witness & Author of Insurance Claims & Disputes, Representation of Insurers & Insureds; Stephen Prater, Professor of Law, Santa Clara State University*

11:15
Analysis of What Evidence Can Come Into the Case and What Will Be Excluded
Brent Cooper, Cooper & Scully
Additional speaker to be announced

12:00
Adjourn

* invited

____________________________________________________________________________

Registration Fee
The registration fee includes continental breakfast each day, one luncheon, attendance at all conference sessions, a copy of the conference handbook on CD, networking reception, and coffee breaks. The registration fee is $995 for the first attendee.

How to Register
Fax is the best way to enroll, allowing us to attend to your registration immediately. Please fax this form to (610)768-0303, call 1-800-MEALEYS, (610)768-7800, e-mail mealeyseminars@lexisnexis.com or mail this form with payment to Mealey Publications™, P.O. Box 62090, King of Prussia, PA 19406-0230. Receipt of payment guarantees your registration.

Special Discounts*
• Early-Bird registration — by 08/01/05 $300 off — $695
• Corporate Discount — $200 off — $795
• Additional registrants from the same firm or company — $50 off — $945
• Government employees — one-third off — $730
• Sitting judges — attend free
• Paralegals — two-thirds off — $365

* Cannot be combined with any other offer.

Special Needs
Should you have any special needs, please contact Mealey's at least three weeks prior to the conference, to allow us time to make reasonable accommodations.

Hotel Accommodations
The Ritz-Carlton Hotel is located at 10 Avenue of the Arts, just 30 minutes from Philadelphia International Airport. Attendees should make reservations directly with the hotel by calling 215-523-8000. When making reservations, indicate that you are attending Mealey's Bad Faith Litigation Conference, September 26-27, 2005. A block of rooms has been reserved for attendees at a rate of $210 a night for a single or double room. The cut-off date for this rate is September 6th. After that date, this rate will be offered based on space availability. Please note, there are a limited number of rooms in our room block so make your reservations early. For alternative hotels and rates, please call us at (610) 768-7800.

Cancellation Policy
Registrants who cancel on or before September 12th will receive a full refund. Registrants canceling from September 13th-19th will receive a full credit towards another Mealey's conference. Cancellations made after September 19th will be subject to a 25% administrative fee; the remaining amount will be credited towards another Mealey's conference. Credits must be used within one year of the date of issuance. Attendees who are paid in full and do not attend the conference forfeit a refund or a credit voucher. Substitutions may be made at any time.

Conference on Audiotape
If you cannot attend this conference, take advantage of our new audiotape conference service. For more information call 1-800-MEALEYS or e-mail mealeyseminars@lexisnexis.com

CLE Credit
Credits will be available from all states with mandatory requirements. For more information visit www.mealeys.com/conferences and click on 'CLE Credit', or call 1-800-Mealeys.