ABOTA EXPERIANCE: MILAN
Building Bridges Across the Atlantic: Sharing Skills From the Italian Legal System and American Civil Jury Trials
October 11 – 12, 2021
Monday, October 11, 2021
9:00 am – 9:30 am Registration; Coffee & Networking
9:30 am – 10:00 am Introductions & Welcome Speeches
Welcome speeches delivered by Grace Weatherly, National President, ABOTA and Avv. Francesca Zanasi, Chairman International Relations Commission (CRINT) and Member of the Bar Council.
10:00 am – 11:00 am Effect of Pandemic on Counseling and Litigation Tools
Comparing and Contrasting Video Platform versus In-Person Examinations; discussion about the impact on client counseling, negotiations, mediation & arbitration, American civil jury trials and Italian court proceedings. Practice tips for meeting and overcoming the challenges of litigation across video platforms.
11:00 am – 11:15 am Break
11:15 am – 12:45 pm Panel Discussion with American and Italian Judges & Attorneys
Strengths and lessons to be shared through comparative law
Adversarial v. Inquisitorial legal systems – what are the relative strengths and weaknesses of each process? What can we learn from each other?
Investigation & Gathering Evidence – Discussion of common law discovery v. civil inquisitorial process
Admissibility of Evidence – comparison of reliability standards
Burden of Proof – comparison of “preponderance” standard with joint burdens of proof in civil code
Examination of Witnesses – comparison of judicial examination v. attorney conducted examination
Experts – comparison of experts as neutrals v. experts as advocates
12:45 pm – 2:00 pm Lunch at Palazzo Cusani (included in registration)
2:00 pm – 2:45 pm Current Trends in the Recognition & Enforcement of International Arbitration Awards under the New York Convention
International arbitration continues to grow in use and is the preferred method of dispute resolution for the global economy. The successful enforcement of international arbitration awards requires careful consideration of both domestic and international law. The New York Convention remains the seminal instrument for the enforcement of international arbitration awards. Although the Treaty provides for a uniform enforcement mechanism, disputes often arise over whether provisions should be interpreted autonomously or in accordance with domestic law. Professor Franco Ferrari, a published scholar and leading international expert, will provide an update on current trends and legal issues impacting enforcement of arbitral awards under the New York Convention.
2:45 pm – 3:30 pm Italian Case Framing – Prosecution and Defense of Civil Cases in Italian Court Proceedings: Exploring the Limits of the Adversarial Process
The Italian legal system is an inquisitorial process in which judges take a more active role in the investigation, examination of witnesses and evidence and resolution of the dispute. How do Italian lawyers perceive and analyze risk exposure in civil disputes? How do Italian lawyers prepare and present their cases in civil courts and before international tribunals? Italian lawyers and judges will discuss the important tools of persuasion that are essential to obtaining successful results.
3:30 pm – 3:45 pm Break
3:45 pm – 4:30 pm Presentation of Experts in American Jurisdiction and International Arbitrations
Discussion about building / destroying the credibility of experts, setting up clear opinion testimony, techniques for explaining the bases of opinions, crossing on methodology and collateral matters. Demonstration of direct and cross of an expert.
4:30 pm – 5:30 pm Building Bridges of Diversity, Inclusion & Cultural Intelligence in International Dispute Resolution
Trial lawyers and litigators represent individuals and companies from diverse cultural, ethnic, and socioeconomic backgrounds. To represent our clients effectively and serve the interests of justice, our profession must continue to grow in awareness and inclusion across broad geographical and cultural divides. Our panel discussion will explore both the challenges and opportunities to promoting diversity and inclusion in the American and Italian legal systems. We will discuss best practices for building bridges across business and legal cultures that lead to a deeper cultural intelligence. What can we learn from each other? What do we want others to know about us as we practice internationally and across business and legal cultures?.
End of Day Closing Remarks
5:30 pm – 8:00 pm Networking Reception at Palazzo Cusani
Tuesday, October 12, 2021
9:00 am – 10:00 am Effect of Brexit on Civil Dispute Resolution
10:00 am – 11:15 am American Case Framing – Prosecution and Defense of Civil Cases
The American legal system is an adversarial process in which the attorneys play an active role in presenting and arguing the case on behalf of their respective clients. Judges and juries serve as neutrals in the dispute resolution process. How do American lawyers perceive and analyze risk exposure in civil disputes? Whether representing clients in jury trials or before international tribunals, the skilled American litigators will build a case of legal culpability within a persuasive framework by using themes and storytelling to prove their claims or defenses in a case. American trial lawyers will discuss the important tools of persuasion that they use in opening statements, closing arguments and with the examination of witnesses.
11:15 am – 11:30 am Break
11:30 am – 12:45 pm Small Group Discussion About Direct and Cross Examination of Experts
Italian lawyers will have the opportunity to practice specific techniques for direct and cross examination of experts in a simulated International Arbitration exercise with participation of ABOTA attorneys and judges.
12:45 pm – 1:45 pm Lunch
1:45 pm – 3:15 pm Litigating International Arbitrations
All advocates must be skilled and practiced at presenting oral arguments to the Court and Closing Arguments to juries and factfinders. These are the same skills that are required for international and private arbitrations. This session will focus on the use of universal themes, analogies, metaphors, and other rhetorical devices, marshalling evidence, application of case framing.
• Discussion of US v. Italian Perspectives of “Soft Law”, (UN organizations, international treaties, etc.)
• Stepping into the adversarial process
• Cultural Intelligence within Multi-Cultural Parties
• Preparation & Presentation of Case
• One Judge v. Three Judge Panels
3:15 pm – 4:15 pm Building Bridges of Collaboration: Perspectives on the Future of Trials & Private Dispute Resolution in Italy and the United States
When American and Italian lawyers represent international clients and work across business and legal cultures. With international mediation and dispute resolution on the rise, what impact will this trend have on American jury trials and Italian civil proceedings? Although different from the American system, international arbitration is largely an adversarial process. When American and Italian lawyers meet through international mediation and dispute resolution tribunals, what do we need to know about each other to make these processes effective?
4:15 pm – 4:45 pm Final Wrap Up & Reflections
SPEAKERS:
Chief Judge Anna Blackburne-Rigsby, District of Columbia Court of Appeals
Michael T. Callahan, Callahan Law Firm, LLC, St. Petersburg, Florida
Doris Cheng, Walkup, Melodia, Kelly & Schoenberger, San Francisco, California
Michelangelo Cicogna, Partner, De Berti Jacchia Studio Legale
Chief Judge Waverly Crenshaw, Nashville, TN
Domenico Di Pietro, Partner, GST LLP
Jennifer Haltom Doan, Haltom & Doan, Texarkana, Texas
Christopher A. Duggan, Smith Duggan Buell & Rufo LLP, Lincoln, MA
Professor Franco Ferrari, NYU School of Law
Stefano Ferro, Bugnion SpA
Matthew D. Green, Sands Anderson PC, Richmond, VA
Justin Kitson, Selbourne Chambers, Ltd, United Kingdom
Lisa Marchese, M-Power, Milan, Italy
Hon. Christine A. Marlewski, Circuit Judge, Tampa, Florida
Francesco Munari, Deloitte Legal, Genoa, Italy
Edward J. Nevin, Law Offices of Edward J. Nevin, Petaluma, CA
Cristina Periti, Fantozzi & Associati, Milan, Italy
Hon. Robert Rigsby, Associate Judge District of Columbia Superior Court
Peter W. Riley, Schwebel, Goetz & Sieben, Minneapolis, Minnesota
Wayne A. Ritchie, II, Ritchie, Dillard, Davies & Johnson, P.C., Knoxville, Tennessee
Linda Savitt, Ballard, Rosenberg, Golper & Savitt, LLP, Encino, CA
Anna Scalzi, Scalzi Legal, Milan, Italy
Richard H. Schoenberger, Walkup, Melodia, Kelly & Schoenberger, San Francisco, California
Grace Weatherly, Wood Weatherly Trial Law, Denton, Texas
Lish Whitson, Whitson Law, Seattle, Washington
Avv. Francesca Zanasi, Chairman International Relations Commission (CRINT) and Member of the Bar Council
*Times, dates and speakers all subject to change.*