Invited Spe
eches & Trial Demonstrations
Author, "If The Phone Doesn't Ring It's Me", published in Collectors's Inc., April 2010, pp 26-27, 32, 38.
March 10, 2010 Webinar "New Players, Tactics and Strategies in FDCPA and TCPA Litigation" sponsored by California Association of Collectors, Inc. (CAC).
November 2, 2005 and November 9, 2005, Executive Webinar Series, "Products Liability Risk Management", sponsored by Sporting Goods Manufacturer's Assn. (SGMA).
September 29, 2005 and October 5, 2005, two-part webseminar, "Risk Management", sponsored by Sporting Goods Manufacturer's Assn. (SGMA).
March 8, 2005, Chicago, Illinois, Invited Speaker, "Innovative Approaches to Cost Containment in Litigation", sponsored by Mealey's/Lexis Nexis.
November 2, 2004, Invited speaker, Teleseminar/Webcast re: Doing Business in China, What Every Sporting Goods Executive Needs to Know "Product Liability Issues Raised by Chinese Manufacturers", Sporting Goods Manufacturers Association.
June 4, 2004, Invited speaker re: FDCPA Compliance for the California Practitioner in Los Angeles, California sponsored by the National Business Institute.
November 13-14, 2003, Invited speaker re: "Daubert's New Frontier: Sexual Torts" at the Defense Research Institute Inc.'s Sexual Torts Seminar, Chicago, Illinois.
November 5, 2002, Sports Litigators Mock Trial Demonstration acting as counsel for the defendant (a sporting goods manufacturer) at the American Society of Testing and Materials Annual Meeting, ASTM Seminar, Miami, Florida.
June 16, 2000, Invited speaker re: "Medi-Cal, Medicare and Medicaid Litigation in California" in Los Angeles, California, sponsored by Lorman Education Services.
May 9, 1997, Invited speaker re: "Practical Approaches to FRE 706 Expert Panels" at The Defense Research Institute, Inc.'s Drug and Medical Device Litigation Seminar, Chicago, Illinois.
May 9, 1997, Panel Member re: "Roundtable Discussion on Court Appointed Experts" with Professor Margaret A. Berger, Jane F. Thorpe, and The Honorable Harry D. Leinenweber, at The Defense Research Institute, Inc.'s Drug and Medical Device Litigation Seminar, Chicago, Illinois.
November 21, 1996, Invited speaker re: "Daubert Update, Use of Science Panels, and Mock Summary Judgment Motion" at Mealey Publication's Drug and Medical Device Seminar, in West Palm Beach, Florida.
October 1-2, 1996, Invited speaker at University of Malaysia School of Law in Kuala Lumpur re: "Recent Developments in Tort Law in U.S.", as well as judging the moot court competition of the graduate law students.
May 2, 1996, Invited speaker re: "Daubert: the Sword and the Shield Against Junk Science" at the North Dakota Trial Lawyers Association 1996 Annual Trial Practice Seminar, in Fargo, North Dakota.
March 28, 1996, Invited speaker re: "Daubert - Wielding a Sword & Shield vs. Junk Science" at the 1996 National CLE Civil Litigation Conference, sponsored by the Law Education Institute, Inc., the Bureau of National Affairs, Inc., and the Georgetown University Law Center, Washington D.C.
March 21, 1996, Invited speaker re: "Pharmaceutical, Food and FDA Regulations" at a program entitled Toxic and Mass Torts: New Exposures, in Philadelphia, Pennsylvania, sponsored by Mealey Publications, Inc.
July 27, 1995, Invited speaker and panel member for a panel entitled "Pretrial Exclusion of Expert Testimony: The Daubert Rule." The Federation of Insurance and Corporate Counsel 1995 Annual Meeting, Sun Valley, Idaho.
May 2, 1995, Mock direct examination of a physician specializing in Occupational Medicine in a "Sick Building Syndrome" case at an indoor air quality conference program entitled Indoor Environment, 1995 "Strategies for the New Era of Regulations."
March 24, 1995, Invited speaker re: "Outside Counsel's Role in Managing the Press and Public Relations in a Crisis Situation" and panel member in a program entitled "The Corporation in the Public Crucible: Corporate Disasters, Public Bias, and Juries" in connection with the ABA Section of Business Law Spring Meeting, San Antonio, Texas.
December 1-2, 1994, Moderator of and speaker for a panel entitled "Toxic Claims Management: Today's Effective Strategies" at a program entitled "State of the Art Advances in Claims and Litigation Management Seminar," New York, New York sponsored by The National Underwriters and Business Strategy Network.
November 10-11, 1994, Mock demonstration of "Cross-examination of the Plaintiff's Expert in a Post Traumatic Stress Disorder Case" at DRI's "Defense and Evaluation of Psychological and Neuropsychological Injury Claims Seminar," San Diego, California.
July 30, 1993, Speaker at FICC Toxic Tort Section, Carlsbad, California re: Daubert v. Merrell Dow
June 25, 1993, Invited speaker at Chemical Manufacturers Association Tort Litigation Group Meeting, Cleveland, Ohio re: "Lockheed - Update and Joint Defense Analysis."
June 24, 1993, Speaker at The MEDMARC/Puritan Bennett 6th Annual Seminar on the Prevention and Defense of Medical Device Claims, Amelia Island, Florida re: "A Day in the Life Tapes and Sympathy Testimony."
February 25, 1993, Speaker at Federation of Insurance & Corporate Counsel, 1993 Mid-Winter Meeting, Scottsdale, Arizona re: "The Trials & Tribulations of Taking International Depositions: Where do you find a Reporter and Translator? What about Subpoenas, Witness Fees, Reading & Signing, Objections, and Other Things We Usually Take For Granted? A Case Study in the practical aspects of taking depositions in Japan."
September 25, 1992, Cross-examination demonstration at ABA National Institute, New York, re: "Toxic Litigation: Essential Issues and Diverging Views; Mock Cross-Examination of a Risk Assessment Expert." Barbara Beck, Ph.D., toxicologist; Ron Simon, plaintiff's attorney; Jeffery J. Carlson, defendant's attorney; and the Hon. Jack B. Weinstein, Presiding.
March 6, 1992, Speaker at the Product Safety and Loss Prevention Seminar, Irvine, California, sponsored by MEDMARC Insurance Company, "Results-Oriented Investigation -Legal Defense Needs."
February 6-7, 1992, Speaker at Chemical Manufacturers Association Torts Litigation Group Meeting, San Diego, California re: "Joint Defense Agreements and the Work Product and Attorney Client Privilege" and "A Defense Win on Expert Testimony in the 9th Circuit,"
January 1992, Panel Member, California Continuing Education of the Bar Panel, "Recent Developments in Tort Practice," Los Angeles and Santa Barbara.
November 7, 1991, Trial demonstration at Defense Research Institute Symposium on Defense and Evaluation of Psychological and Neuropsychological Injury Claims re: "Techniques of Direct and Cross-Examination of Plaintiffs' Psychologist Expert Witness In A Post-Traumatic Stress Disorder Case." Robert Fanter for plaintiff, Jeffery Carlson for defendant, Paul Lees-Haley, Ph.D., psychologist witness.
October 25, 1991, Speaker at the 1991 National Conference on Toxic Tort Law, Chicago, Illinois on Legal Causation Science and the Legal Perspective.
Audio and Video Tapes
March 24, 1995, Invited speaker re: "Outside Counsel's Role in Managing the Press and Public Relations in a Crisis Situation" and panel member in a program entitled "The Corporation in the Public Crucible: Corporate Disasters, Public Bias, and Juries" in connection with the ABA Section of Business Law Spring Meeting, San Antonio, Texas. This is an audio tape.
September 25, 1992, Cross-examination demonstration at ABA National Institute, New York, re: "Toxic Litigation: Essential Issues and Diverging Views; Mock Cross-Examination of a Risk Assessment Expert." Barbara Beck, Ph.D., toxicologist; Ron Simon, plaintiff's attorney; Jeffery Carlson, defendant's attorney; and the Hon. Jack B. Weinstein, presiding. This is an audio tape.
August 6, 1990, ABA Annual Meeting, Organizer and Trial Demonstration Participant in Program of the ABA, Tort and Insurance Practice Section, Mass Toxic Tort -- Part I: Mock Trial. My role was Counsel for the Defendant/Polluter, and I demonstrated the cross-examination of a plaintiff's expert psychiatrist in a toxic tort case. An ABA Videotape was made of the Mock Trial Demonstration.
August 6, 1990, ABA Annual Meeting, Trial Demonstration Participant in Program of the ABA, Tort and Insurance Practice Section, Mass Toxic Tort -- Part II: Mock Declaratory Judgment Trial. My role was Counsel for the Defendant/Polluter, and my role was as the Defendant Polluter's Trial Counsel. ABA Videotape made of the Mock Trial Demonstration.
Publications
Author, "The Joint Defense Privilege: An Illusion or a Magic Wand?", published in The Attorney-Client Privilege In Civil Litigation - Protecting and Defending Confidentiality, Fourth Edition, American Bar Association, Chapter 21, 2008.
This fourth edition of a best-seller has been updated and revised to include new or expanded coverage of the attorney-client privilege and work-product doctrine. New chapters dealing with intellectual property, international transactions, and e-discovery provide full coverage of all topics in one volume.
This new edition is not merely a treatise on the subject. Written for practitioners, it addresses the problems they face and offers solutions. Each chapter offers the insights of authors with varied practices.
Author, "Litigation Plans, Budgets and Some Practical Tips", published in Collector's ink, March/April 2007, pp 24-25, 39-41.
Author, "The Joint Defense Privilege: An Illusion or a Magic Wand?", published in The Attorney-Client Privilege in Civil Litigation - Protecting and Defending Confidentiality, Third Edition, American Bar Association, 2004, Chapter 20.
Author, "The Role of Outside Counsel in Crisis Management", published in For The Defense, May 2000, pp 32-33, 61-62.
Author, "Pharmacist Liability for a Customer's Suicide", published in For The Defense, December 1999, pp. 32-35, 63-64.
Co-Author of a section included in the Product Liability Advisory Council Deskbook Series, Exclusion of Improper Expert Testimony - Case Law Supplement entitled, "Law in the Ninth Circuit Since Daubert", 1997 Supplement.
Co-Author of an article included in the MAPbulletin entitled, "Protecting Your Client From Negligent Hiring Claims", October 1997, pp. 1 & 3.
Co-Author of an article included in the MAPbulletin entitled, "What, You've Got To Be Kidding! I Should Not Be Liable For Those Acts", September 1997, pp. 1-3.
Author, "The Joint Defense Privilege: An Illusion or a Magic Wand?", published in The Attorney-Client Privilege In Civil Litigation - Protecting and Defending Confidentiality, Second Edition, (formerly entitled as The Attorney-Client Privilege Under Siege) Tort and Insurance Practice Section, American Bar Association, Chapter 18, 1997. Updated December 2003.
Author, "Managing the Press and Public Relations in a Crisis Situation - Part II", published in Insurance Advocate, November 23, 1996, pp. 24-25.
Author, "Managing the Press and Public Relations in a Crisis Situation - Part I", published in Insurance Advocate, November 16, 1996, pp. 25-26.
Author, "Searching for Savings: Managing Your Company's Litigation Costs", published in Risk Management, Vol. 43, Number 5, May 1996
Author, "Cost Efficient, Effective Handling of Litigation From the Standpoint of Defense", published in Insurance Advocate, Vol. 107, Number 9, March 2, 1996.
Consultant, California Continuing Education of the Bar book entitled, California Tort Guide, 3rd Edition, 1996 - present.
Author, "The Trials and Tribulations of Taking Depositions in Foreign Countries: Japan, A Case Study", published in Federation of Insurance & Corporate Counsel Quarterly, Volume 46, No. 2, Winter 1996.
Author, "Case Management Strategies and The Use of Shared Experts in Joint Defense Cases", published in Managing Litigation Costs, September 1995.
Co-Author of an article included in The National Law Journal entitled, "Foreign Deposition Hazards," November 1994.
Author, California Continuing Education of the Bar supplemental book entitled, California Tort Guide, 2d Edition, Update, May 1994.
Contributor to the FICC 1992 and 1993 Update publications.
Author, California Continuing Education of the Bar supplemental book entitled, California Tort Guide, 2d Edition, Update, August, 1993.
Author, "Health Care Products: 'Sales' or 'Services'", published in For the Defense, February, 1992.
Consultant, "Civil Procedures and Torts Module" of Bancroft-Whitney's California Civil Practice, 1992.
Contributor, "Recent Developments in Torts," 1992 Update, published by California Continuing Education of the Bar.
Author, California Continuing Education of the Bar supplemental book entitled, California Tort Guide, 2d Edition, Update, November 1991.
Co-Author of an article included in the 1991 National Conference on Toxic Tort Law entitled, "The Ultrahazardous Task of Defending the Ultrahazardous Activity Toxic Tort Case," October 1991.
Author, article re-print of "Challenging the Admissibility of Medical Device Reporting," as originally published in For The Defense, September 1990. Article re-printed in "Hospitals MPR - The Malpractice Reporter," Volume 10, July/August 1991.
Co-Author, "Toxic and Hazardous Substances and Environmental Law: Annual Survey," published in Toxic & Insurance Law Journal, Volume XXVI, No. 2, Winter 1991.
Co-Author, "Medical Devices: The Duty to Warn and the Adequacy of the Warning," published in Federation of Insurance & Corporate Counsel Quarterly, Volume 41, No. 2, Winter 1991.
Co-Author, "The Pharmacist's Responsibility to Evaluate Suspicious Prescriptions", published in Food Drug Cosmetic Law Journal, Volume 46, No. 3, May 1991.
Co-Author, "Challenging the Admissibility of Medical Device Reporting Reports", published in DRI's For The Defense, September, 1990.
Co-Author, "Joint Defendants Beware: Protecting Your Privilege in Shared Information", published in DRI's Selected Issues in Products Liability Defense, Volume 1990, Number 3.
Author, California Continuing Education of the Bar book entitled, California Tort Guide, 2d Edition, Supplement, August, 1990.
Co-Author of the California Civil Procedure Before Trial, 3d Edition published by Continuing Education of the Bar-California, June, 1990, regarding the following chapters in: Setting For Trial - Chapter 49 "At-Issue Memorandum", Chapter 50 "Demand for Jury Trial", Chapter 51 "Trial-Setting Conference" (deleted 1995), Chapter 52 "Pre-trial Conferences" retitled in 1995 as "Status Conferences and other Pre-trial Conferences", Chapter 53 "Motions To Advance, Specially Set, and Reset" and Chapter 54 "Trial Continuances". Chapters updated yearly 1992 - 1997.
Co-Author, "Joint Defendants Beware: Protecting Your Privilege in Shared Information" published in Product Safety & Liability Reporter, May, 1990.
Co-Author, "Attorney-Client and Work-Product Privilege in a Joint Defense Context", Toxic Law Reporter, Volume 4, Number 35, February 7, 1990.
Co-Author, "Toxic and Hazardous Substances and Environmental Law: Annual Survey", Tort & Insurance Law Journal, Winter 1990, American Bar Association.
Co-Author, "The Attorney-Client and Work-Product Privileges in the Context of the Joint Defense and Joint Prosecution of Toxic Tort Litigation" published in The Attorney-Client Privilege Under Siege - Preserving and Protecting It in Civil Cases, Tort and Insurance Practice Section, American Bar Association, May, 1989.
Author, California Continuing Education of the Bar book entitled, California Tort Guide, 2d Edition, Supplement, April, 1989.
Co-Author, "Toxic and Hazardous Substances and Environmental Law: Annual Survey" published in the Tort & Insurance Law Journal, Volume 24, Number 2, Winter 1989, American Bar Association.
Author, "Strict Liability, the Duty to Warn, and the Pharmacist" published in Defending Drug and Medical Device Cases, Defense Research Institute Special Publication, Vol. 1989, No. 4, May, 1989.
Co-Author, Abstract, "The Legitimate Medical Purpose and the Pharmacists' Role in Screening Doctors' Prescribing of Controlled Substances."
Consultant to the California Continuing Education of the Bar on Chapters 14 entitled, "Punitive Damages" and 15 entitled, "Restrictions on Recovery" of the California Tort Damages Guide.
Author, "Today's Pharmacist: A Seller of Products or a Provider of Services?" published in For the Defense, Vol. 29, No. 11, p. 15, November, 1987.
Author, "The Pharmacist: A Seller of Products vs. A Provider of Service", p. 3, published in Pharmacy Law Annual.
Author, "Can an RPH Be Sued for Doing His Duty?" published in American Druggist, Vol. 196, No. 6, p. 112, November, 1987.
Published Interviews and/or Comments
"Suits Sprout at Merck", published in TheStreet.com on-line publication, January 6, 2005, by Melissa Davis. Commenting on strategies for defense of pharmaceutical drug manufacturers including jurisdictional considerations.
"More on Product Liability Troubles . . .", published in The Kiplinger Forecast, KSS weekly on-line publication, Product Liability Legislation section, March 26, 1999.
"Developing a Plan", published in Risk & Insurance, Vol. 7, Number 15, pages 16-17, May 1996. In an article entitled "Law in Order", by Barbara A. Morris, pages 15-17, in "Special Report: Litigation and Legal Cost Management".
Speech given at Mealey's Toxic Torts Conference on March 21, 1996. Part of the presentation regarding expert witnesses was published by John T. Hayes in an article entitled "Toxic Tort Conference: States Have Mixed Views On Applying Daubert", published in Mealey's Litigation Reports: LEAD, Vol. 5, Issue # 13, page 12, April 3, 1996.
"Wrestling With Litigation Costs", published in Risk & Insurance, Vol. 7, Number 1, Page 14, February 1996.
Speech given at the LACMA District 5 meeting in November 1990. The presentation was published by Loren Frank in an article entitled, "Recent Court Decisions Are Lessening Doctors' Liability, Lawyer Says," LACMA Physician, January 14, 1991.