Baker Botts lawyers Tom O'Brien, David Genender, Jessica Pulliam and Jordan Kazlow will be speaking at the ACC Annual In-House Symposium on the topic Is The Reptile Slithering Into Your Commercial Case? This panel will describe The Reptile theory and its implications for preparing witnesses and building a storyline. The panel will also explore tactics for countering the Reptile approach.

The Reptile approach, popularized by David Ball and Don Keenan, who authored, “Reptile: The 2009 Manual of the Plaintiff’s Revolution”, has been adopted widely by the personal injury plaintiffs’ bar. The Reptile theory encourages an appeal to the oldest, reptilian part of the brain responsible for survival instincts. The goal is to establish that the defendant violated a broad safety rule intended to keep the juror and her community safe. In doing so, the plaintiff will be driven by fear and a desire to protect herself, her family, and friends. The Reptile theory tactics that have been employed for some time in personal injury cases are now showing up in commercial cases, particularly as companies are under pressure not just to turn a profit for shareholders but also to be good citizens.

Baker Botts partner Grant Everett will also be speaking at the conference on Representations & Warranties Insurance for M&A Transactions. This will be a discussion of coverage trends for representations and warranties insurance policies, including details on expected process and practice pointers.

Please visit the Association of Corporate Counsel's website for more information about this event.