Sunday, June 21, 2009

6:00 pm – 8:00 pm	Early Registration
6:30 pm – 8:30 pm	Welcome Reception for Speakers and NCVBA members

Monday, June 22, 2009

7:30 am – 8:30 am	Continental Breakfast
8:30 am– 10:00 am	Opening Plenary: View from the Bench Description- Judges play a crucial role in the day-to-day implementation of victims' rights. In this plenary presentation, one judge will share his perspective on coordinating the delivery of services to both offenders and victims. Judge Reggie B. Walton, United States District Judge for the District of Columbia, Washington, DC.
10:00 am– 10:15 am	Break
10:15 am– 11:45 am	"Making Victims' Rights Meaningful through Enforcement" by Meg Garvin & Terry Campos Description- Victims' rights, including the rights to be notified of, present at, and heard during criminal prosecutions were passed into law decades ago.  Too often, however, victims and their advocates are left without the resources to know how to assert and seek enforcement of these rights.  The result is that victims are left without a voice in the prosecution of their offender.  NCVLI recently developed a national curriculum on assertion and enforcement of victims' rights.  This presentation will discuss the critical difference between compliance with and enforcement of rights, and will highlight key points of the recently developed curriculum, providing attorneys and advocates the most critical books to ensure effective enforcement of victims' rights.
11:45 am – 1:45 pm	Luncheon Plenary:  Establishing Victim-Centered, Practice-Based, Research-Informed Services Description- In this unique plenary session, a victim, a practitioner, and a researcher will share insights and concerns about how to promote individual and systemic change in victim services. Debra Patterson, PhD, LMSW, Wayne State University, Detroit, Michigan: William C. Kellibrew, IV, Washington, DC; and Dale Standifer, LCSW, ACSW, Metropolitan Center for Women and Children in Greater New Orleans, Louisiana.
1:45 pm – 2:00 pm	Break
2:00 pm – 2:45 pm	"Working Together to Serve the Victim in the Civil and Criminal Case: How the Civil Attorney and Prosecutor Can Help Each Other"    Panel Discussion by Brian Kent; Chris Maloney, Deputy DA in Montgomery County, PA; Julie Grohovsky; Elliot Glicksman Presenters will address the importance of positive working relationship between Prosecutors and Civil Attorneys in litigating a case that arises from a criminal incident.  It is an all too frequent problem that prosecutors perceive a civil attorney's entree into a case as a hazard or impediment to successful prosecution.  When the efforts of both counsel are coordinated with an end towards the best resolution of both the criminal and civil cases, both benefit equally.  The presenters will rely on personal experiences in addressing the best way that counsel can work together towards that common objective. Specifically, they will address the best way for a civil attorney to establish and maintain relations with local law enforcement and prosecutors, how to assist by acting as a conduit between the Victim and the prosecutor, making requests for discovery, and how the civil attorney can be an effective participant in the development of the criminal case by using their resources to aid the prosecutor.
2:45 pm – 3:30 pm	"Across America: Duties to Protect against Criminal Acts of Third Parties in 50 States" by Jeff Fritz  Description- This presentation will include an update and overview of the case law in all 50 states regarding the duty to protect against foreseeable criminal actions, including a discussion of the trends and types of rules emerging in different jurisdictions.  The materials will include a table outlining the current law in each jurisdiction, and the presentation ill include tips for presentation of evidence at trial to enhance the discussion of the case law.
3:30 pm – 3:45 pm	Break
3:45 pm – 4:30 pm	"Finding Justice in a Tiny Town" by Glenn Perry Description- Glenn Perry, from Longview, Texas, obtained a 9 million dollar verdict in a hostile jurisdiction against a group of young people for beating a mentally disabled man. Mr. Perry was asked to take the case by the Southern Poverty Law Center. The jury research and selection were challenging in a community that had much support for the offenders and little empathy for the victim.  Mr. Perry will talk about what he learned from this case.
4:30 pm – 5:15 pm	"Uncovering Juror Bias in Sexual Assault Cases" by William Friedlander and Alexandra Rudolph Description- Interactive presentation that alternates between video and life audience addressing the key issues plaintiff's lawyers face in sexual assault jury selection cases. This presentation includes the client: the good, the bad, and the ugly in jury selection. The presentation will also include how to present information at trial in the most persuasive manner, jurors' expectations, how to increase expert witness credibility, and common landmines that can "sink" the case. The interactive portion of the presentation will include video clips from attorneys and live audience questions and answers.

Tuesday, June 23, 2009

7:30 am – 8:30 am	Continental Breakfast
8:30 am – 10:00 am	Morning Plenary: Teen and Child Victims This plenary presentation will highlight effective programs, services, tools, and techniques for reaching and serving teen and child victims in a variety of settings. Victor Vieth, JD, director of the National Child Protection Center, Winona, Minnesota, and Mitru Ciarlante, director of the National Center for Victims of Crime Youth Initiative, Washington, DC.
10:00 am – 10:15 am	Break
10:15 am – 11:00 am	"Evidence of Other Acts of Child Sexual Abuse" by Ellyn Bullock Description- "Other acts" evidence is the best and most important evidence available to attorneys for victims in a sexual abuse case.  The corroboration provided by "other acts" evidence is vital to every trial.  Without corroboration, a victim plaintiff may not be able to convince the jury of his or her story. This is especially true if the perpetrator is in a position of power and authority. Without "other acts" evidence a trial may become "a lopsided swearing contest of plausibility and credibility." 140 Cong. Rec H8968, 8991 (Aug. 21, 1994).  Because of the importance of corroboration to a plaintiff victim, defense attorneys will fight this evidence on all grounds and at all times throughout litigation.  Plaintiffs and their attorneys need to discover and preserve "other acts" evidence early.  Other acts evidence will be challenged by Motions in Limine and may end up an issue on appeal.
11:00 am – 11:15 am	"Out of Bounds; Advocating for the Victims of Professional Athletes" by Kirra Jones Description- This presentation will focus on the considerations that an attorney must make when advocating for the victim of a public figure, specifically a professional athlete.  Ms. Jones will take workshop participants through a case study, based on a real court case, to examine many of the legal and social issues that confront a crime victim and his/her advocate when battling a professional athlete off of the field.
11:15 am – 12:00 pm	"Abuse Risk Management" by Robert Velasco Description- Understanding Abuse Risk Management's Minimum Standards. This presentation will be valuable to attorneys representing clients that are "institutional" sexual abuse victims.  There are many basic standards that should always be followed; however, did you know that The Centers for Disease Control & Prevention outlines minimum recommended standards? Learn what these standards are and strengthen your cases against institutions that failed to apply them.
12:00 pm – 1:30 pm	National Crime Victim Bar Association Awards Luncheon Keynote Speaker:  Kenneth Feinberg
1:30 pm – 2:15 pm	"Holding Universities, Campus Institutions, and Students Accountable for Mass Violence, Campus Crimes, and Other Wrongdoing: Civil Justice for Victims at Virginia Tech and Other Schools" by Doug Fierberg Description- An inside view of the legal and practical issues arising out of the massacre at Virginia Tech and the ensuing negotiations and settlement of victims' claims.  The presentation will also focus on legal isssues generally related to claims involving victims of campus crime and other forms of group and individual wrongdoing at schools, including sexual assaults, fraternity misconduct, and Title IX developments.
2:15 pm – 3:00 pm	"Being Thorough and Creative in Investigating Civil Remedies for Crime Victims in Dram Shop and Premises Liability Cases" by Phil Gerson, Elliot Glicksman, & Stan Marks Description- This presentation will cover new theories and causes of action for violent crime victims to overcome policy exclusions, as well as when and who to sue when there is no insurance.
3:00 pm – 3:15 pm	Break
3:15 pm – 5:15 pm	Case Workshops Negligent Security Case Workshop- Addressing issues of negligent security, negligent hiring and supervision, and apportionment of fault.  Moderator: Philip Gerson, Esq. Child Sex Abuse Case Workshop- Addressing all issues related to litigating cases of sexual abuse of children.  Moderator:  Jeffrey Anderson, Esq.

Wednesday, June 24, 2009

7:30 am – 8:30 am	Contintental Breakfast
8:30 am – 9:15 am	How to Handle a First Party Liquor Liability (Dram Shop) Wrongful Death Case" by Frank Riccio Description- First party dram shop wrongful death claims are permissible in certain jurisdictions, such as Massachusetts.  The family of the over-served, intoxicated patron is the real victim.  Most of these needless deaths can be prevented, if the seller of alcohol complies with the standard of care for alcohol service.  Although there are comparative negligence issues, those issues can be overcome.  Mr. Riccio has successfully tried a $4.5 million verdict, including punitive damages, in a first party wrongful death dram shop claim in Massachusetts.  The presentation will discuss investigation, discovery, and trial techniques that were used to achieve such a result.
9:15 am – 10:00 am	"What are They Hiding: Overcoming Assertions of Peer Review Privilege and Work Product Doctrine" by Erin Olson Description- Overview of peer review/ quality assurance privilege and work product doctrine will be followed by a discussion of strategies for defeating assertions of the privilege doctrine by analyzing their purposes and elements and reviewing significant cases from various state and federal jurisdictions.
10:00 am – 10:15 am	Break
10:15 am – 11:00 am	"Who is Responsible for 9/11: Lessons from a Successful 9/11 Case" by Keith Franz  Description- On September 11, 2001 nineteen terrorists attempted to circumvent the safety and security safeguards then required in all U.S. airports and on all commercial flights in the U.S.  All nineteen succeeded in defeating the system designed to protect an unsuspecting public from acts of terrorism.  How did this happen and who was responsible for the inadequate and totally failed system that allowed these men to carry out an insidious plan that shocked the World?  Through a seven year effort that unfolded in U.S. District Court in Manhattan, litigation confirmed the answers to these questions in establishing the negligence of the airlines, security checkpoint operators, and the plane manufacturer.  Following the recent settlement of cases by Azrael, Gann and Franz, lessons learned in taking on high-powered defendants will be examined and methods for obtaining multi-million dollar settlements will be described.
11:00 am – 11:45 am	"Avoiding and Overcoming Daubert Challenges in Negligent Security Cases" by Norman Bates Description- Expert testimony in negligent security litigation is increasingly subject to challenges by opposing counsel under either a "Daubert" or comparable motion.  Presently, there are a number of state and federal court opinions governing the admissibility of this expert testimony.  This program is designed to bring trial counsel up to date on the latest state and federal court opinions affecting the admissibility of security expert testimony, the trends and issues raised by these opinions, as well as an understanding of security standards utilized by experienced security experts to survive these motions. The session will include a compendium of recent case decisions and source information for security guidelines and standards used to analyze security risks and liability issues.
11:45 am – 12:30 pm	"Destroying the Defense ‘Security Expert'" by Michael Haggard Description- This interactive and highly demonstrative presentation will show all that goes into attacking, cross-examining and ultimately destroying the credibility and opinions of the defense security expert.  This presentation will show premises liability trial lawyers how to never let a trial come down to a "battle of the experts."  The presentation will start with cumulative research on the defense expert, thorough deposition strategies and ultimately the trial cross examination.  The use of prior testimony, similar fact patterns and trap laying will all be discussed using real-life examples, cross exams and demonstrative exhibits used with defense security experts from various trials. No longer will the premises liability trial lawyer be wary of the former FBI agent or former chief of police who now is the defense security expert!