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  • Writer's pictureKirk Hartley

ACI Chemical Litigation Conference

Time to head to Chicago. Yes, it was a long winter in Chicago but it is warmer now, and so toxic tort lawyers should think about attending ACI’s Chemical Products litigation conference on April 30 and May 1.

The first panel’s agenda says a lot about where toxic tort litigation is headed, with some emphasis added:

8:15 Defeating the Causal Link between Subdiseases and Low Dose Exposure to Injury: The Latest Developments in Causation and Dose

Larry Chilton Partner Chilton Yambert & Porter LLP (Chicago, IL)

Stephen C. Dillard Partner Fulbright & Jaworski LLP (Houston, TX)

Lawrence Riff Partner Steptoe & Johnson LLP (Los Angeles, CA)

  1. Understanding the ramifications of the $7.5M Kinder Morgan verdict (Lewis, et al. v. Kinder Morgan Energy Partners)

  2. What does the future of toxic torts look like with low dose exposure on the table?

  3. Defending against the new onslaught of cases with multiple myeloma and Myelodysplastic Syndrome claims

  4. Comprehending the importance of the Schnatter study linking benzene and MDS and its impact on future litigation

  5. Low dose exposure and blood cancers

  6. Using IARC studies to your advantage: specific diseases linked to specific chemical exposure

  7. Preparing for the fallout from the IARC study listing diesel as a human carcinogen

  8. Creating defenses for the increased plaintiffs’ focus on the benzene docket to link new disease subtypes and low dose causation

  9. What is the current state of EPA IRIS and how will this affect litigation that relied on EPA studies?

Also note that Howard Jarvis and others will be talking about actually using genomics in the courtroom. Howard is well out ahead of most in this area.

The conference also includes a panel on securities fraud and products litigation – it’s good to see more conversations between defense lawyers and securities lawyers, as well as discussion of Caremark duties.

11:00 From $10M in Damages to $100M: Avoiding Securities Fraud Claims in Products Liability Litigation by Meeting SEC Disclosure Requirements

Gregory G. Little Partner White & Case LLP (New York, NY)

Jeremy D. Mishkin Partner & Chair of Litigation Department Montgomery, McCracken, Walker & Rhoads LLP (Philadelphia, PA)

  1. Avoiding non-disclosure liability

  2. What must you report to the SEC?

  3. When must you file the SEC report?

  4. Determining how much to disclose once a problem or potential cause of action is identified

  5. Risk assessment does not equal causation: preventing plaintiffs’ attorneys from creating a link

  6. Damage control: what to do if you have disclosed too much

  7. The in-house counsel dilemma

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