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AUGUST 2017

Montreux Meeting – July 2017

As advertised, the joint presentation at the Montreux Meeting by the Appellate Law, International, and Commercial Litigation Sections generated robust discussion regarding several issues confronting the European Union Member States, the United Kingdom, and the United States. At least five countries were represented on the panel and in the audience, collectively. Lead by moderator Bill Vita, the most spirited exchange of views concerned the effect of Brexit on commercial litigation and enforcement of judgments. With the ink barely dry from “The Great Repeal Bill” that will be debated in the UK Parliament this Autumn, Stephen Carter gave the UK perspective on whether EU law, including precedent by the European Court of Justice, will apply in disputes filed in the UK after Brexit, among other issues. Jorge Angell provided stimulating counter-perspectives from the EU in general, and Spain in particular. Several audience members from other countries weighed in with insightful comments.

As a type of counter to the uncertainties facing future litigation in the EU and UK, Stephen Brake and Charlie Frazier presented a summary of key aspects and differences of the US judicial system at both the trial and appellate level. They focused on the consistent and well-settled aspects of that system and how they differ with the other jurisdictions. These differenced include the fundamental right to a jury trial and appeal as a matter of right in the US, followed by a frank discussion of the relatively higher cost of and greater length of time to resolve suits filed in the US. 

Amelia Island Meeting – February 24-28, 2018

Planning for the Section’s substantive-law presentation at the Amelia Island Meeting is well underway, with the topic, content, and panel essentially finalized. We will be joining with the Extra Contractual Liability Section to present

“Creating Favorable Precedent in Bad-Faith Litigation.”

The ultimate goal of the presentation will be to develop an understanding of the benefits of employing a proactive approach in creating favorable precedent, under which emerging issues are identified early and an ­active trial and appeal strategy is pursued in cases with the best facts and in the best jurisdictions. The discussion will focus on the roles played by in-house, trial, and appellate counsel in coordinating strategy by identify­ing, developing, and preserving the best arguments in the trial courts, issue selection and posturing on appeal and aggressively seeking settlement to avoid establishing bad precedent in prob­lem cases—cases with bad facts, in a problematic jurisdiction, or that did not present or preserve the best arguments.

Providing the in-house counsel point of view will be FDCC Past President Vicki Roberts, Vice-President and Counsel of Meadowbrook Insurance Group. Joining Vicki will be a bad-faith-litigation specialist and an appellate specialist, to be named soon.

You will not want to miss this one!

 

 

JULY 2017

The FDCC Appellate Law Section would like to remind our members of the program that we will present at the upcoming Annual Meeting in Montreaux, Switzerland. On the heels of the surprising general election in the U.K., and commensurate with the international flavor of the Annual Meeting in Montreux, our section and the Commercial Litigation and International Sections will present an international panel of attorneys who will address current issues of importance and interest. The panel- and audience-interactive discussion will address: (1) Brexit, including the procedural aspects of the rights of EU citizens living in Great Britain; (2) enforcement of judgments in the EU and Britain; (3) differences in discovery practice between Europe and the U.S.; and (4) differences in trials and appeals between the U.S. and Europe.


Our program will occur on Thursday, July 27 at 7:45 a.m. in the Salon de Musique. Please check the on-site brochure to locate this meeting room. The moderator will be Bill Vita of Westerman Ball et al. in Uniondale, NY. The panel members are Jorge Angell of L.C. Rodrigo Abogados in Madrid; Stephen Carter of Carter Perry Bailey LLP in London; Stephen Brake of Nutter McClennan & Fish in Boston; and Charlie Frazier of Alexander Dubose Jefferson & Townsend in Dallas.

We would also like to congratulate Charlie Frazier, who has been appointed as chair of our section for the 2017-2018 FDCC year. If you would like to become more involved in our section in the coming year, please reach out to Charlie at cfrazier@adjtlaw.com.

 

 

JUNE 2017

On the heels of the surprising general election in the U.K., and commensurate with the international flavor of the Annual Meeting in Montreux, our section and the Commercial Litigation and International Sections will present an international panel of attorneys who will address current issues of importance and interest. Among the topics: (1) the differences in litigating in Continental Europe, the U.K., and the U.S., with emphasis on pre-trial discovery, admission of evidence, and trials by jury vs. trials by the judge; (2) how judgments are enforced in E.U. member states; and (3) where does the U.K. now stand in terms of attempting to retain certain aspects of E.U. membership, including the application of critical E.U. laws and procedural rules pertinent to commercial litigation.


Our program will be on Thursday, July 27 at 7:45 a.m. Check your on-site brochure for location information. The moderator will be William Vita of Westerman Ball et al. in Uniondale, NY. The speakers include Jorge Angell of L.C. Rodrigo Abogados in Madrid, Spain, Stephen Carter of Carter Perry Bailey LLP in London, Stephen Brake of Nutter McClennan & Fish in Boston, and Charlie Frazier of Alexander Dubose et al. in Dallas.

 

 

APRIL 2017

At the Winter Meeting in Charleston, our section hosted a “dine around” dinner at which we welcomed new member Laurie Hepler of Greines, Martin, Stein & Richland LLP, an appellate firm in San Francisco. We also had a very strong turnout for our CLE program, “Legal Writing for the Electronic Age.” Charlie Frazier, Bob Olson, Mike Aylward and Justice John Few of the South Carolina Supreme Court presented some great tips on how to make your briefs more persuasive and easier to read for judges and law clerks who are reading them on electronic devices. For those who were unable to make it to Charleston, or those who would like more information on this topic, Charlie put together a great paper, which is available by following this link, starting at page 456. The paper has a number of links to other excellent resources on this topic. Take a look and learn how to make your legal writing easier to skim and navigate on an electronic device, and use more visible structures and visual aids. If you would like a copy of the Powerpoint, please email Charlie at cfrazier@adjtlaw.com.

 

For the upcoming Annual Meeting in Montreaux, Switzerland, the Appellate Law Section will be joining with the Commercial Litigation Section to present a program on “A Comparison of Commercial Litigation in Europe and North America.” The program will discuss how commercial litigation differs on both sides of the pond and will focus on what American attorneys should know when advising their clients regarding business dealings in Europe. Panelists will include William Vita, Jorge Angell, Stephen Brake, Stephen Carter, and Charlie Frazier.

 

If you are interested in writing a FDCC blog post (a short article published online) on an appellate law topic, please email Wystan Ackerman at wackerman@rc.com

 

 

 

Featured Members
Todd A. HanchettStoel Rives, LLP, Portland, OR
Courtenay L. KellerRiley, Shane & Keller, P.A. Albuquerque, NM

Special Thanks

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