ABA PharmaMed Device Brochure DOC by mikeholy


									                Current Issues in
            Pharmaceutical and Medical
                 Device Litigation
                     Thursday, November 11, 2010
                     Hosted by Johnson & Johnson
                     One Johnson & Johnson Plaza
                      New Brunswick, New Jersey

   Sponsored by the Pharmaceuticals and Medical Device Subcommittees
of the Products Liability Committee and by the Pharmaceuticals and Medical
            Device Subcommittee of the Mass Torts Committee
                        of the ABA Section of Litigation

                         CURRENT ISSUES IN

                            Thursday, November 11, 2010
                                 Johnson & Johnson
                            One Johnson & Johnson Plaza
                             New Brunswick, New Jersey
9:00 a.m. – 9:15 a.m. Registration/Continental Breakfast

             Welcome & Introduction

                  Program Co-Chairs:

                  Kara Trouslot Stubbs, Baker Sterchi Cowden & Rice LLC, Kansas City, MO

                  Alan Vickery, Sedgwick, Detert, Moran & Arnold, LLP, Dallas, TX

9:15 - 10:25 a.m. What You Need to Know About Product Recalls


                  Kim M. Schmid
                   Bowman and Brooke LLP
                   Minneapolis, MN


                  The Honorable John R. Tunheim, United States District Court for Minnesota,
                   Minneapolis, MN

                  Ellen Relkin, Weitz & Luxenberg, New York, NY

                  Jim Rogers, Nelson Mullins Riley & Scarborough, LLP, Columbia, SC

                  Susan J. Thompson, Senior Counsel, Boston Scientific Corporation, St. Paul,

             There have been a number of significant government and industry-initiated re-
             calls in the medical device industry within the past year. This panel will discuss
             issues such as company document production, issue of “notice,” pre- and post-
             production testing and surveillance, corporate representative depositions and the
             “due care” story, evidentiary restrictions on recalls, possible retention of a media
             consultant to get out a controlled message, public perception of the company re-

10:25 - 11:35 a.m.     The Concurrent Defense of Civil Actions and FDA Regulatory Actions


                     Mario Horwitz
                      Sedgwick, Detert, Moran & Arnold LLP
                      Los Angeles, CA


                     The Honorable Marina Corodemus, Iselin, NJ

                     Robert K. Jenner, Janet Jenner & Suggs, Baltimore, MD

                     Diane Sullivan, Dechert LLP, Princeton, NJ

              This panel will examine the potential land mines when a company is faced with
              defending a civil action and an FDA regulatory action concurrently and strategies
              for negotiating around them.

11:35 - 11:50 a.m.     Break

11:50 - 1:00 p.m.      FDA and Social Media Rules


                     Elizabeth S. Raines
                      Baker Sterchi Cowden & Rice L.L.C.
                      Kansas City, MO


                     Elizabeth Forminard, Senior Counsel, Johnson & Johnson, New Brunswick, NJ

                     William Hoffman, Kaye Scholer, Washington, D.C.

                     TBD

              Like the rest of America, pharmaceutical companies have embraced blogging,
              tweeting and making friends on Facebook even though federal guidelines regu-
              lating those activities are evolving. This activity has caused concern within the
              FDA that the social media may encourage false claims and misleading advertis-
              ing and may complicate the reporting of adverse events. The panel will discuss
              the anticipated FDA guidelines for regulation of social media sites and its poten-
              tial impact on the industry.

1:00 - 2:15 p.m.       Lunch

2:15 - 3:25 p.m. Current Developments in Pharmaceutical and Medical Device Litigation


                 David L. Ferrera
                  Nutter McClennen & Fish, LLP
                  Boston, MA


                 Edward W. Gerecke, Carlton Fields, Tampa, FL

                 John B. Merchant, III, The Merchant Law Firm, P.C., Atlanta, GA

                 Andrew C. White, Senior Corporate Counsel, U.S. Litigation, Sanofi-Aventis,
                  U.S., Bridgewater, NJ

                 Rebecca K. Wood, Sidley Austin, LLP, Washington, D.C.

             This panel will discuss significant recent developments in the law governing
             pharmaceutical and medical device manufacturers. Panelists will update you on
             the latest relevant decisions impacting the preemption defense, the learned in-
             termediary doctrine, and e-discovery. Following brief overview presentations,
             each topic will be explored further in a Q&A format offering the unique perspec-
             tives of individuals from the in-house, plaintiffs’ and defendants’ bars.

3:25 - 3:40 p.m. Break

3:40 – 4:50 p.m. If You Settle, You May Have to Report…Mandatory Reporting Under the


                 Stacey Drentlaw
                  Oppenheimer Wolff & Donnelley, LLP
                  Minneapolis, MN


                 Sylvius von Saucken, Chief Compliance Officer, Garretson Firm Resolution
                  Group, Inc., Cincinnati, OH

                 Franklin Solomon, Locks Law Firm, LLC, Cherry Hill, NJ

                 Janice Ziegler, Sonnenschein, Nath & Rosenthal, LLP, Washington, D.C.

             This panel will discuss the mandatory reporting requirements under the Medicare
             Secondary Payer Act and the Medicare, Medicaid and SCHIP Extension Act of
             2007 and how those requirements will impact the settlement of personal injury
             claims related to pharmaceuticals and medical devices, particularly those cases
             involving multiple plaintiffs and/or class actions.

4:50 p.m.       Closing Remarks
5:00 p.m.       Reception at Johnson & Johnson

                                          Sponsored by

     The Pharmaceuticals and Medical Device Subcommittees of the Products Liability
    Committee and The Pharmaceuticals and Medical Device Subcommittee of The Mass
                    Torts Committee of the ABA Section of Litigation

                                       Program Co-Chairs:

            Kara Trouslot Stubbs                                     Alan R. Vickery
     Baker Sterchi Cowden & Rice, L.L.C.                  Sedgwick, Detert, Moran & Arnold, LLP
              Kansas City, MO                                          Dallas, TX

                              Pharmaceuticals Subcommittee Chairs:

                                          Sam L. Felker
                                      Bass Berry & Sims PLC
                                          Nashville, TN

                              Medical Device Subcommittee Co-Chairs:

            James C. Barton, Jr.                                   Neville H. Boschert
     Johnston Barton Proctor & Rose LLP                   Watkins Ludlam Winter & Stennis, P.A.
              Birmingham, AL                                          Jackson, MS

                              Products Liability Committee Co-Chairs:

      Jerry G. Bradford                 Nathaniel Cade, Jr.                  Lori B. Leskin
   Alcon Laboratories, Inc.           Michael Best & Friedrich             Kaye Scholer, LLP
       Fort Worth, TX                          LLP                           New York, NY
                                          Milwaukee, WI

                                 Mass Torts Committee Co-Chairs:

   Andrew J. Maloney, III            Beatrice O'Donnell                       Rudy Perrino
  Kreindler & Kreindler LLP          Duane Morris LLP                  Fulbright & Jaworski L.L.P.
       New York, NY                  Philadelphia, PA                       Los Angeles, CA

 Pharmaceuticals and Medical Device Subcommittee of Mass Torts Committee Co-Chairs:
 Stacey Drentlaw
Oppenheimer Wolff &     Susan Friery, M.D.          Eric Hudson         Karen Woodward
    Donnelly LLP     Kreindler & Kreindler LLP Butler, Snow, O’Mara, Sedgwick, Detert, Moran
  Minneapolis, MN         New York, NY         Stevens & Cannada,        & Arnold LLP
                                                        PLLC            Los Angeles, CA
                                                   Memphis, TN


We recommend attendees stay at the Hyatt Regency New Brunswick due to its close proximity
to Johnson & Johnson. Please contact the hotel directly to make reservations at 1-888-421-
1442 and reserve your room within the “Pharma/Medical Device Meeting” block of rooms, which
have a special guest room rate of $149. It is recommended that room reservations be made
early, as the block will fill quickly.

Visit http://www.abanet.org/litigation/programs/programs_future.html to register online or return
the Registration Form on the following page with your payment (checks only) to Kara Stubbs at
Baker Sterchi Cowden & Rice, L.L.C., 2400 Pershing Road, Suite 500, Kansas City, MO 64108.

Requests for refunds must be made in writing and received no later than November 4th, in the
ABA Section of Litigation office. Please email your request to Matthew Thurman, at
thurmanm@staff.abanet.org. There will be a $10 administrative fee deducted from the refund.
Cancellations received after November 4th will not be refunded; however, the Section will gladly
accept substitutions for those unable to attend.

Transportation Option:
For registrants who need transportation from New York City or Newark International Airport to
New Brunswick, there are numerous roundtrip options via the New Jersey Transit from Penn
Station and Newark Airport to New Brunswick. You may then take a taxi from the train station to
Johnson & Johnson. Click on this link for transit schedules and details:


MCLE Credit:
Accreditation has been requested for this program from every state with mandatory continuing
legal education requirements for attorneys. Please be aware that each state has its own rules
and regulations, including its definition of CLE as well as ‘Ethics’. Therefore, certain programs
may not receive credit in some states. Please check with your state agency for confirmation of
general as well as ethics approval for any program. You may contact Matthew Thurman at the
ABA at thurmanm@staff.abanet.org for confirmation of the number of credits approved by any
particular state.

Business casual dress is encouraged for all participants.

Attendance List:
Information included in the attendance list is protected by copyright and is solely intended for
the individual and private use of ABA members in connection with the ABA’s mission, goals and
activities. All other use is strictly prohibited without prior written authorization from the ABA.
Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing,
transmitting or transfer of all or any portions of the materials, or use for any other commercial
and/or solicitation purposes of any type, or in connection with any action taken that violates the
ABA’s copyright.

                                       REGISTRATION FORM

City                                        State                        Zip Code
Telephone                                                Fax
ABA Member No.
The information submitted on this registration form will be used only to create an attendance list for the
Current Issues in Pharmaceuticals and Medical Device Litigation CLE Workshop.

                                        Registration Information

$125.00       (Section of Litigation members and Government attorneys)
$180.00       (Non-Section members)

Pre-registration deadline is November 4, 2010. Checks for attendance and course materials should be
made payable to the AMERICAN BAR ASSOCIATION (no credit cards).

       I will attend the meeting and my check for $      .00 is enclosed.
       I am unable to attend the meeting, but please send the course materials to the above address, at a
       cost of $35.00, a check for which is enclosed.

Please send your Registration Form and check to: Kara Stubbs, Baker Sterchi Cowden & Rice, L.L.C.,
2400 Pershing, Suite 500, Kansas City, Missouri 64108.

                       For additional information about the program, please contact:
                           Kara Stubbs (816 471-2121 / stubbs@bscr-law.com
                         Alan Vickery (469) 227-4604 / alan.vickery@sdma.com


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