Seminar Schedule


8:00 - 10:00 amMining Social Media: Evidentiary Tips and Ethical Guidance

Speakers:
Katherine Otto, Esq., Recht & Kornfled , PC
Joe Buchholz - Aspen Litigation Support

This is not your typical social media CLE - consider this the advanced course, where we tell you how to find it in hidden places, use it as evidence at trial, and how to do so ethically. As a bonus, you will learn just enough Gen Z slang to make the teenager nearest to you cringe.


10:15 - 11:15 amHow Jurors Decide Cases for Defense

Speaker:
Jason Bloom, Bloom Strategic Consulting

The events of 2020-22 and the misinformation within, created a once-in-a-lifetime sociological shift in our worldviews and attitudes. As such, everyone is a different person now, including those we trust with making important decisions in the courtroom, our jurors. In this fresh and though-provoking presentation, jury consultant Jason Bloom will share research and insights about how jurors decide cases, how it has led to record-breaking jury verdicts, and what it means for your next jury trial. Learn how to communicate with the modern juror.


11:15 - 12:15 pmBest Practices for Crafting Compelling Demonstratives and Trial Presentations

Speaker:
Noah Wick, M.A., Trial Exhibits, Inc.

Gain insights into creating effective visuals and narratives that resonate with jurors. Understanding and Counteracting Plaintiff Strategies for Securing Nuclear Verdicts; A deep dive into recent plaintiff tactics and how to effectively mitigate their impact in court. (Please note most of my statistics come from medical malpractice matters, but the strategies used cover most all practice areas); and Leveraging Artificial Intelligence for Trial Prep: Explore innovative ways AI can be used to upscale and correct videos and witness prep strategies.


12:20 -1:20 pmMDTL Annual Membership Meeting & Elections

Lunch on your own if not attending


1:30 - 2:30 pmHow to FInd and Vet an Expert

Speakers:
Gary Kalkstein, Esq., Hall Booth Smith
Bradley Luck, Esq., Garlington Lohn Robinson
Randall Colbert, Esq., Garlington Lohn Robinson
Moderator: Emma Mediak, Esq., Garlington Lohn Robinson

Expert Witness Essentials: Effective strategies for finding and vetting the perfect expert, best practices for clear and efficient communication with your experts, techniques for preparing to depose opposing experts, and steps to ready your own expert for deposition.


2:30 - 3:30 pmSupreme Court Candidate Panel

Invited Candidates:
Judge Jerry Lynch
Judge Dan Wilson
Judge Katherine Bidegaray
Cory Swanson, Esq
Moderator: Patrick Riley, Esq., Tarlow Stonecipher Weamer & Kelly, PLLC


3:30 -4:00 pmSocial Break


4:00 - 5:00 pmAssessing Reasonable Value: Strategic Evaluation of Future Medical Claims in Montana

Speaker: Reg Gibbs, MS, CRC, LCPC, CBIS, CLCP, FIALCP, Rocky Mountain Rehab, P.C.

Under MCA 27-1-308, life care planners must price future care based on what will actually be paid for necessary medical services. They should only include amounts covered by the plaintiff's health insurance or public healthcare programs, ensuring the costs are realistic and payable.

Mr. Gibbs will provide an analysis of MCA 27-1-308, paragraph 3 (c) as it pertains to life care plans addressing pricing of future care costs.


Meet Our Distinguished Participants

Speakers

Katherine Otto Shareholder - Recht & Kornfeld, PC

Katherine Otto is an accomplished trial lawyer specializing in professional liability defense, including health care professionals and attorneys. She is a Shareholder at Recht Kornfeld. P.C. She has tried cases to verdict in state and federal courts, and in multiple states on pro hac vice admission. Katherine leads trial teams in Colorado and New York, and was selected in 2024 as a Top 50 Woman Lawyer in Colorado. She is also an animal lover with a soft spot for giant breeds and rescue cats.


Joe Buchholz Founder & CEO of Aspen Litigation Support

Joseph Buchholz is a Forensic Social Media Capture expert with over 400 investigations in the past two and a half years. Mr. Buchholz's technical knowledge comes from 18+ years of working as a System Administrator, Network Administrator, and end-user support. The investigation process the Aspen team uses allows their clients the ability to find the publicly available information that most investigators don't find. Mr. Buchholz will explain how this process falls in line with the new FRE 902 [13]&[14] and the current landscape of case law around the country.


Jason Bloom Founder & President of Bloom Strategic Consulting

Jason Bloom, the founder and President of Bloom Strategic Consulting, Inc., has been a jury consultant for over 20 years. He has consulted on over 1000 civil and criminal cases, spent over 12,000 hours in courtrooms, trained over 1500 witnesses, conducted more than 300 mock jury studies, and assisted in over 100 jury selections. His recent trial successes include notable cases such as USA v. Roger Clemens and Mesa Petroleum v. J. Cleo Thompson. Jason holds a Master’s Degree in Forensic Psychology from John Jay College, CUNY, and has been an active jury consultant nationwide since 1997, specializing in civil litigation across various areas, including employment, intellectual property, and medical malpractice. Before founding his firm, he worked at another litigation consulting firm. Jason is also a frequent author and international speaker on trial advocacy and courtroom psychology, with media appearances on CNN and other outlets discussing high-profile jury trials.


Noah Wick, M.A. Director of Litigation Consulting at TrialEx

Noah Wick, M.A. is the National Director of Litigation Consulting at Trial Exhibits, Inc. where he advises trial teams on theme development, visual strategy, and impression management through demonstratives, medical illustrations, animations and trial support, running trial presentation software. He has a master’s degree in Strategic Communication and Leadership Studies from Gonzaga University, served 8 years with the U.S. Air Force, and is a past president of the Washington State Health Care Risk Management Society. He is on the advisory board of the Online Courtroom Project and in April 2022, the ABA published a book: The Online Courtroom – Leveraging Remote Technology in Litigation, to which Noah contributed several chapters. He is national speaker on Hybrid and Remote Jury Trials having consulted in both State and Federal Courts during the pandemic including the first binding Zoom jury trial in King County Superior Court, Seattle, WA.


Gary Kalkstein Partner, Hall Booth Smith, P.C.

Gary Kalkstein is a Partner in our Missoula office and focuses his practice on medical malpractice and health care matters.

For the last 35 years, Gary has defended a wide range of health care clients, including physicians, hospitals, clinics, nurse practitioners, physician assistants, professional counselors, and other health care providers in medical negligence actions and professional licensing disputes throughout the State of Montana. He routinely appears before the Montana Medical Legal Panel, state licensing boards, and in state and federal courts.

Gary is regularly invited to speak at seminars before physicians, dentists, lawyers, and insurance company representatives on medical liability and risk management issues. Prior to joining HBS, Gary was Founding Partner of Kalkstein Law Firm, P.C. in Missoula where he defended clients in medical, dental, and health care provider malpractice claims throughout the State of Montana.

Gary earned a Juris Doctor from the University of Montana in 1987. He, and his wife Janet, an RN, enjoy the outdoors and spending time with their adult children and their St. Bernard, Daisy.


Bradley J. Luck Partner , Garlington Lohn Robinson

Brad grew up in Montana and left to play college baseball in Florida and attend the United States Naval Academy. After graduating with honors from the University of Montana Law School in 1977, he began his private practice in Missoula. He has a diverse state-wide practice in Insurance Defense, handling Complex Claims, Insurance Bad Faith, Legal Professional Liability, Personal Injury, and Insurance Coverage, along with Arbitration/Mediation.

Brad holds an AV rating and is listed in multiple litigation-related areas in Best Lawyers, Mountain States Super Lawyers, and Chambers USA. He was named Missoula Lawyer of the Year by Best Lawyers in Insurance Law and Defense of Personal Injury Litigation multiple times. He has handled over 70 appeals before the Montana Supreme Court.

Active in professional circles, Brad was a CLE chairman, Board Member, and President of the Montana Defense Trial Lawyers. He speaks frequently at legal seminars and insurance groups and served on the Governor’s Advisory Council on Workers’ Compensation. He also taught Workers’ Compensation Law at the UM School of Law.

Brad has been President and Board Member of the University of Montana Grizzly Athletic Association and was counsel for Play Ball Missoula. He has coached YMCA and Little League sports. Brad and his wife Carla have three married daughters and enjoy spending time with their grandchildren, UM sports, and outdoor activities at Flathead Lake.


Randall J. Colbert Managing Partner, Garlington Lohn Robinson

Randy concentrates his practice in insurance law, bad faith defense and general negligence litigation, including construction defect cases and class actions. He has successfully defended negligence and insurance bad faith cases through trial and on appeal. His clients include both national and regional corporations as well as many Montana individuals and businesses. He has been recognized in Chambers USA: Leading Lawyers in Business (Commercial Litigation) and by Best Lawyers in America. His skill in insurance coverage and bad faith litigation is amplified by his former employment with State Farm Fire and Casualty Company, during which time he earned his CPCU designation.

He is admitted to practice before all Montana courts and the United States District Courts for the District of Montana. He is a member of the Western Montana Bar Association, Federal Bar Association, American Bar Association, State Bar of Montana, Montana Defense Trial Lawyers Association, CPCU Society and the Defense Research Institute. He is Past President of the Montana Defense Trial Lawyers Association and has volunteered on multiple boards for non-profit organizations.

Randy is a native of Montana, raised in Anaconda. He attended Rocky Mountain College in Billings, Montana, earning a Bachelor of Science degree in Business Management in 1990. That same year, Randy obtained a commercial pilot license and became a certified instrument flight instructor. Randy is a 2003 graduate of the University of Montana School of Law and has been practicing with GLR since that time, where he is the present managing partner.


Reg Gibbs, MS Founder and President of Rocky Mountain Rehab, P.C.

Reg Gibbs, MS is the founder and President of Rocky Mountain Rehab, P.C. of Billings. He earned a BS in Psychology in 1992 from Eastern Montana College and a Master of Science in Rehabilitation Counseling in 1994 from Montana State University-Billings. A Certified Rehabilitation Counselor, Licensed Clinical Professional Counselor, and Certified Brain Injury Specialist, Mr. Gibbs is also a Certified Life Care Planner and a Fellow of the International Academy of Life Care Planners. Additionally, he is an instructor with the Institute of Rehabilitation Education and Training in Newberry, Florida. He was an adjunct professor of rehabilitation counseling at Montana State University-Billings for fourteen years and an expert witness for the Social Security Administration for seven years.

Mr. Gibbs has nearly four years of experience in public-sector vocational rehabilitation and for two years he was Outpatient Case Manager of the Headway brain injury program at St. Vincent Healthcare in Billings. For the past twenty-four years he has provided vocational rehabilitation, case management, and life care planning services to both the government and private sectors, and he is also a consultant on disability issues. He has had cases in 47 states and testified in a variety of venues across the country.

In 2001 Mr. Gibbs founded Brightsun Technologies, Inc., a business that develops software for the rehabilitation industry. He co-founded an artificial intelligence company named Rair Technologies, Inc. with his son Jordan in May 2023.


Supreme Court Candidates

Montana District Judge Katherine Bidegaray Associate Justice Candidate

District Court Judge, Seventh Judicial District


Montana District Judge Dan Wilson Associate Justice Candidate

District Court Judge, Eleventh Judicial District


Judge Jerry Lynch Chief Justice Candidate

Former Federal Magistrate Judge


Cory Swanson, Esq. Chief Justice Candidate

Broadwater County Attorney


Moderators

Emma L. Mediak Partner, Garlington Lohn Robinson

Emma L. Mediak is a Partner in the Civil Litigation Defense Practice of Garlington, Lohn, & Robinson, PLLP. Emma handles insurance coverage matters and defense of claims including Bad Faith, Construction Defect, Professional Liability, and Personal Injury. Emma has written multiple amicus briefs for the Montana Supreme Court, and she has handled appeals before the Montana Supreme Court and the Ninth Circuit. She has been recognized as Best Lawyers: Ones to Watch for her work in Commercial Litigation, Insurance Law, and Professional Malpractice Law.

Emma grew up in western Montana. She graduated with distinction from Stanford University with a bachelor’s degree in Political Science and a JD from Stanford Law School. After completing her schooling, Emma returned to Montana, where she clerked for the Honorable Justice Brian Morris on the Montana Supreme Court and again after he was confirmed as a United States District Court Judge.

Emma is a member of the Western Montana Bar Association, the American Bar Association, the Montana Defense Trial Lawyers, and the Defense Research Institute.

Emma and her family enjoy hiking and backpacking in the Bitterroot Mountains during the summer and skiing/snowboarding in the winter.


Patrick C. Riley Attorney, Tarlow Stonecipher Weamer & Kelly, PLLC

Patrick C. Riley is a civil litigator and business attorney serving Bozeman and Montana. He specializes in insurance defense, personal injury, commercial litigation, real estate, banking, and business transactions.

Patrick represents plaintiffs and defendants in Montana’s state and federal courts, the Montana Supreme Court, and the 9th Circuit Court of Appeals. He has extensive experience in various litigation areas including insurance, personal injury, property damage, and construction defects. He has successfully resolved many cases through trials and settlements.

In his transactional practice, Patrick handles residential and commercial real estate, banking, business formation, and contracts for Montana individuals and businesses.

A Bozeman native, Patrick has been practicing law in his hometown since 2011. Outside of work, he enjoys weightlifting, playing guitar, reading, cooking, and exploring the outdoors with his wife Sarah and their two children.


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