C O M M E R C I A L L I T I G AT I O NFrom the ChairBy Vickie L. HenryFriends. Education.Business. What WeCan Do For You!Making room foreveryone and finding waysto keep people involved.■ Vickie L. Henry is a partner at Foley Hoag LLP in Boston. She specializes in Intellectual Property Litigation and Commercial Litigation.She can be reached at email@example.com or ( 617) 832-1185.14 n For The Defense n August 2010© 2010 DRI. All rights reserved.
DRI’s Commercial Litigation Committee offers you agreat network of friends, excellent legal education, and anopportunity to bring in business. This committee is one ofDRI’s largest and most vibrant, now numbering over 1,500members. We have character as well ascharacters and room for you to join ourmerry band of defense lawyers. The hallmarkof the committee—what brought mein and keeps me dedicated to building thisgroup—is that we make room for everyone,working hard to find ways to get andkeep people involved. It is my privilege tobe the chair.One of the drivers of growth for thiscommittee has been the economic crisis.Commercial litigation is on the upswingas attorneys are retooling their practicefocus to this area of law, which has a verybroad reach. To paraphrase my predecessor,Joe Fortner, this committee is the placefor business and IP litigators to maintainan edge, learn from the best, and help yourcolleagues to more effectively representtheir clients.Your next opportunity to meet us all inperson is at the 2010 DRI Annual Meeting,October 20–24, in San Diego. Our committeemeeting is first thing Friday morning.We will repeat our popular structured networkingsession to allow our members andnewcomers to get connected. We also willoffer “Six Hot Litigation Picks for 2011.” In60 minutes six experts will look into theircrystal balls and describe the six “lead pipecinch” hot litigation issues in commerciallitigation for 2011. Subjects will includeBusiness Torts (Richard Dukes); IntellectualProperty (Kyle Anne Citrynell); ClassActions (Tammy Webb); Financial Institutions(John C. Minett); Securities Litigation(Jaime Theriot); and Sports Law (Tim Epstein).The committee also will present a plenarysession—Blind Cross Examination onFriday afternoon featuring extraordinarytrial lawyers who will share their tips andtricks for cross- examining a witness withouta prior deposition. We’ll come togetheragain as a committee for a dinner Fridaynight. Hope Cannon is our Annual Meetingliaison and will be emailing members soon.Our specialized litigation groups (SLGs),the backbone of the committee, illustratethe breadth of this committee. Some focuson an area of law and others focus on a particularindustry or market sector. They are:• Business Torts—Chair: Jim Gale, Jim.Gale@smithmoorelaw.com• Intellectual Property—Chair: DavidLevitt, firstname.lastname@example.org• Class Actions—Chair: Tim Congrove,email@example.com• Financial Institutions and CreditorsRights—Chair: Jim Miller, firstname.lastname@example.org• Sports Law—Chair: Tim Epstein,TEpstein@salawus.com• Contract Law—Chair: Mark Porada,email@example.com• Dealer and Franchise Litigation—Chair: Mike Sturm, firstname.lastname@example.org• Antitrust and Trade Regulation—Chair: Ryan Beckett, email@example.com• D&O/E&O Litigation—Chair: BruceWallace, firstname.lastname@example.org• Securities and Shareholder Litigation—Chair:Tim Mast, email@example.comIf you are interested in joining any of theexisting SLGs, email me and the SLG chairor complete the “Commercial LitigationSLG Sign Up Form” (found on the committee’spage at www.dri.org under “Linksof Interest”).Then there is our committee’s ownannual seminar—really a committee event.This past year we painted the town in NewYork City. A big thank you to Kerry McInerneyand Jeffrey Kass, our program chairand vice chair, respectively, and marketersextraordinaire Laurie Miller and SteveLieb. We will be launching our 2011 programoffering shortly. If you want to seethe best this committee can be, join us inChicago on April 14–15, 2011. We will welcomeyou into the group and wow you witha great program. Bring a colleague.Webcasts also are a great way to speakfor the committee. Our Sports Law, Antitrustand IP SLGs came together for a Junewebcast on the Supreme Court’s decision inAmerican Needle Inc. v. National FootballLeague, described further in Tim Epstein’sarticle on page 48. In addition, committeemainstay Dave Henry is leading a webcastin September entitled, “Mediation: HowSmart Lawyers and Clients Achieve Successin Business and Complex Litigation.”Mediation practice is often an underappreciatedart and form of advocacy. Topics willinclude important pre- mediation activityfor lawyers and clients, overcoming hurdlesin advance of the mediation session,managing client expectations, timing ofmediation, and selection of the mediator.The program also will demonstrate theimportance of selecting the right mediationparticipants and the breadth of creativesolutions that are possible.We also have publishing opportunitiesgalore. Our monthly e- newsletter, TheBusiness Suit, under the leadership of PublicationsChair Rob Bodzin, firstname.lastname@example.org,with his assistant editorsTodd Presnell and Russ Jones, continues toregularly disseminate cutting edge articles,substantive law reports, member successes,circuit reports, and lighter moments, alldesigned to educate and showcase ourmembers.The Defense Library Series allows us totake a deeper dive into topics of interest toyou. The Class Action SLG is working on a50-state survey of class action law. BruceWallace is spearheading an upcoming publicationon TROs. These follow our 50-statesurvey of Trade Secrets and Agreements Notto Compete, a publication requiring 100separate articles. Jeffrey Kass is to be highlycommended for his efforts in spearheadingthat effort. We welcome new ideas for publicationsand articles.All of these efforts are supported by myvice chair, Peter Strand. Peter plays a vitalrole, bringing his extensive trial experienceto bear for you and our committee.The collection of articles that followsillustrates the variety of issues that fallwithin the ambit of commercial litigation.A big thank you to the collection’s editor,Mark Porada, and vice editor, Shauna Correia.As you will see, the scope of this committeeand its collegial members ensurethat the experienced as well as the newbusiness litigator can find value and a placeto get involved. Join us.For The Defense n August 2010 n 15