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					    Programs
                                                                    Class aCtion and Multi-Party litigation
                           Sunday,                                  Two Years LaTer: CompeLLing arbiTraTion of CLass
                                                                    DispuTes - The Cfpb anD sTaTe efforTs To CorraL
                           February 10                              ConCepCion

                                                                    When the U.S. Supreme Court handed down Stolt-Nielson
    8:00 - 9:00 a.m.                                                and Concepcion in 2010 and 2011, new life was given to
    ConstruCtion law and litigation BusinEss                        class action waiver clauses in arbitration agreements.The
                                                                    reaction was swift in some instances. Dodd-Frank barred
    MEEting
                                                                    such waivers in mortgage dealings, and the new Consumer
                                                                    Financial Protection Bureau (CFPB) undertook a study
    toxiC and hazardous suBstanCEs/ProduCt                          of arbitration clauses and the effects on consumers which
    liaBility/drug, dEviCE and BiotEChnology                        closed public comment on June 23, 2012. Come hear the
    mounTains from moLeCuLes? TeChniques for refuTing               panel discuss the evolving state of the law concerning class
    Low Dose exposure CLaims                                        action and pre-dispute arbitration waivers and class action
                                                                    waiver clause litigation.
    Plaintiffs are increasingly claiming that extremely low
    dose exposure to a chemical or substance caused their           Speakers: Martin C. Bryce, Jr., Ballard Spahr LLP,
    alleged injury. Low dose exposure claims are becoming           Philadelphia, Pennsylvania USA; Frank A. Hirsch, Jr.,
    more prevalent in the areas of asbestos, benzene, coal dust,    Alston & Bird LLP, Durham, North Carolina USA; Jeffrey
    and silica. This panel of lawyers and scientists will discuss   R. Johnson, Scheer & Zehnder LLP, Seattle, Washington,
    how to effectively rebut low dose exposure claims before        USA; Russell O. Stewart, Faegre Baker Daniels, Denver,
    a jury and also review recent decisions that rejected low       Colorado USA
    dose exposure expert testimony and claims.
                                                                    EMPloyMEnt law
    Speakers: Susan J. Cole, Bice Cole Law Firm, Coral              empLoYmenT Law upDaTe
    Gables, Florida USA; I. Allan Feingold, MD, FRCP(C),
    FCCP, Medical Director, Occupational & Environmental            The Employment Law Committee will make a
    Medicine, South Miami Hospital, Miami, Florida USA;             presentation on the latest developments in the labor and
    Michael Fox, Sedgwick Law, San Francisco, California            employment field. By February 2013, the presidential and
    USA                                                             congressional elections will be determined, and the
                                                                    presentation will focus on “hot topics” in the labor and
    trial tEChniquEs and taCtiCs/MEdiCal dEFEnsE                    employment field.
    and hEalth law
    TrYing Cases in ChaLLenging Venues                              Speaker: Mark Fahleson, Rembolt Ludtke, Lincoln,
                                                                    Nebraska USA
    While all jury trials are challenging, trying cases in venues
    where industry and “Corporate America” are often viewed         9:15 - 10:15 a.m.
    as villains and where the system is perceived to strongly
    favor plaintiffs presents unique difficulties. Niall Paul and
                                                                    oPEning sEssion
    Mike Brown are experienced trial lawyers who are often
    called upon to try cases in venues with reputations for         10:15 - 11:30 a.m.
    unusually strong anti-corporate bias. They will lead the        Foundation ForuM sPEakEr - thEodorE
    discussion concerning the best practices for handling trials    olson
    in these adverse venues, from pretrial through the closing.
                                                                    For a full description on Theordore Olson and his talk, see
    Speakers: Michael A. Brown, Miles & Stockbridge P.C.,           page 2.
    Baltimore, Maryland USA; Niall A. Paul, Spilman Thomas
    & Battle, PLLC, Charleston, West Virginia USA



4
                                                                                                      Programs
4:00 - 5:00 p.m.
intErnational/Class aCtion and Multi-Party
litigation/drug, dEviCE and BiotEChnology/trial
                                                                                     Monday,
tEChniquEs and taCtiCs
muLTi-naTionaL TriaLs anD eViDenCe: an inTernaTionaL
                                                                                     February 11
CLass aCTion TriaL in reView

Come hear this panel that was recently successful in          7:30 - 8:30 a.m.
defending a precedent setting class action trial in Canada    FidElity and surEty BusinEss MEEting
as well as preparing for trial in other jurisdictions. This
program will include a presentation of the innovative trial   toxiC and hazardous suBstanCEs litigation/
graphics used in the Canadian trial and will discuss          EnvironMEntal and EnErgy law/ lEgislativE,
coordination and management of international clinical         JudiCial and govErnMEnt aFFairs
studies and experts. The panel discussion will be             shaLe oiL anD gas DeVeLopmenT: enVironmenTaL
particularly useful to members who may be involved in         probLem or eConomiC soLuTion in searCh of a probLem?
global litigation and have to consider the impact of
varying trial procedures in different countries.              A lively interactive panel will discuss the risks and
                                                              benefits of shale oil and gas extraction in the setting of a
Speakers: Steven M. Kohn, Reed Smith LLP, San                 mock state Legislative Committee taking testimony on
Francisco, California USA; S. Gordon McKee, Blake,            whether those benefits justify potential harm to human
Cassels & Graydon, LLP, Toronto, Ontario Canada;              health and the environment. This panel will represent the
Elizabeth Porter, Senior Corporate Attorney, St. Jude         spectrum of political, regulatory and scientific views on the
Medical, Inc., Saint Paul, Minnesota USA                      issue. The Committee Members and witnesses will debate
                                                              the perceived economic benefits of hydraulic fracturing
*This program will be followed by an inTernaTional            and horizontal drilling techniques, as well as the perceived
wine TasTing recepTion. advanced regisTraTion for
                                                              potential risks to human health and the environment from
recepTion is required; see page 13 for more deTails.
                                                              these methods. Be part of the dialogue as the panel
regisTraTion is noT required if aTTending The cle             explores governmental regulations, legal limits, and civil
session only.
                                                              litigation. The panel will begin with an animation that will
                                                              ensure participants fully understand exactly what hydraulic
                                                              fracturing is and how its use has revolutionized natural gas
                                                              exploration.

                                                              Speakers: Blaine D. Edwards, Superior Energy Services,
                                                              Inc., Houston, Texas USA; Richard O. Faulk, Gardere
                                                              Wynne Sewell, LLP, Houston, Texas USA; Raymond G.
                                                              Mullady, Jr., Blank Rome LLP, Washington, District of
                                                              Columbia USA; Niall A. Paul, Spilman Thomas & Battle,
                                                              PLLC, Charleston, West Virginia USA; William A. Ruskin,
                                                              Epstein Becker & Green, P.C., New York, New York USA




                                                                                                                              5
    Programs
    Monday, February 11 continued                                     Michelle Fox, Herbert Smith Freehills, Sydney, Australia;
                                                                      Michael Mills, Herbert Smith Freehills, Sydney, Australia;
                                                                      Ralph Sutton, Chief Investment Officer, Bentham Capital,
    7:30 - 8:30 a.m.
                                                                      New York, New York USA
    transPortation
    hoT TopiCs in TransporTaTion Law
                                                                      altErnativE disPutE rEsolution/insuranCE and
                                                                      rEinsuranCE/CorPoratE CounsEl
    This program will feature two presentations each delivered
    by a sub-committee of the Transportation Committee.               meDiaTing The high-emoTion Case
    The first presentation will be entitled “First Response
    Team - What You Need to Know to Protect Your Client               Successfully mediating cases that are infused with a high
    and its Employees.” This will discuss retaining                   level of emotion presents special challenges for
    investigators, experts, dealing with authorities preserving       practitioners, insurers, and corporate parties. Mediation
    evidence and downloading ECM. Our second presentation             approaches that may work well in other types of cases
    will be “Defense of Railroad Cases, Including the                 may not help resolve high-emotion cases, or may even be
    Problems Created by Use of the Locomotive Video in the            counter-productive. This experienced panel will discuss
    Defense of Crossing Accidents.”                                   techniques suited for mediating cases that have a high
                                                                      emotional content, regardless of the size or complexity of
    Speakers: Donna L. Burden, Burden, Gulisano & Hickey,             the case. The panel includes perspectives and experiences
    LLC, Buffalo, New York USA; Timothy F. Daniels, Irwin             from one of the most experienced mediators in the South
    Fritchie Urquhart & Moore LLC, New Orleans, Louisiana             Florida area and the founder of Mediation, Inc.; the
    USA                                                               Vice-President of Insurance of a major national insurer;
                                                                      and a highly-experienced private practitioner who has
    intErnational                                                     handled and resolved a broad range of types of cases
    a gLobaL ConCern - ThirD parTY LiTigaTion funDing:                involving both business and individual clients.
    someThing oLD, someThing new, someThing borroweD...
    someThing bLue?                                                   Moderator: Val H. Stieglitz, Nexsen Pruet, LLC,
                                                                      Columbia, South Carolina USA
                                                                      Speakers: James B. Chaplin, President, Mediation, Inc.,
    Legal fee regimes play a critical role in enabling or
                                                                      Miami, Florida USA; Deborah G. Cole, DGCole Law,
    restricting private litigation. The U.S. regime, including
                                                                      Chicago, Illinois USA; Timothy J. Gephart, Vice President
    approval of contingency fee agreements and the general
                                                                      of Insurance, Minnesota Lawyers Mutual, Minneapolis,
    policy of requiring each party to cover its own costs is an
                                                                      Minnesota USA
    outlier: many European jurisdictions and Australia prohibit
    or restrict contingency fees and most jurisdictions require
    losers to pay winners’ costs, including fees. But judicial
    implementation of these rules varies considerably across
    jurisdictions and the availability of legal insurance in some
    jurisdictions softens their effect on incentives to litigate.
    Recently, the appearance of third-party litigation financiers
    has jolted the litigation landscape, but its effects on the
    legal profession and its implications for litigation strategies
    are unclear. This panel will aim to fill in this gap and bring
    together different perspectives about the virtues and vices
    of third party litigation funding and how this trend could
    affect litigation strategies.

    Moderator: Ianika Tzankova, BarentsKrans N.V., The
    Hague, The Netherlands
    Speakers: Christopher Rother, Head of Competition and
    Anti-Trust Law Department, Deutsche Bahn AG, Berlin,
    Germany; Ulrich Classen, Founder and Managing
    Director, CDC Cartel Damage Claims, Brussels, Belgium;
6
                                                                                                         Programs
8:45 - 10:15 a.m.                                                10:30 a.m. - 12:00 p.m.
MaJor ClE                                                        MaJor ClE
thE FuturE oF thE roBErts Court                                  how thE dEFEnsE won thE Most
SponSor: AppellAte prACtiCe Committee                            signiFiCant CriMinal EnvironMEntal CasE
                                                                 in u.s. history - thE trial oF uniTed
Despite the attempts to characterize the current Supreme
Court as simply a reflection of the political divide infecting   sTaTes v. w.r. grace
the other two branches of the national government, recent        SponSor: White CollAr DefenSe AnD inveStigAtionS
decisions demonstrate a more nuanced approach by the             Committee
Court under the leadership of Chief Justice Roberts. Our
panel, comprised of seasoned Supreme Court practitioners,        In a case trumpeted as the most significant criminal
insiders, academics and commentators, will examine the           environmental case ever brought by federal prosecutors, in
recent decisions from the Court and share their insight as       2005, the Department of Justice brought sweeping criminal
to the action behind the scenes and what the future may          charges against W.R. Grace and several of its executives,
hold as the Court continues to grapple with major and            stemming from Grace’s operation of a vermiculite mine in
highly charged legislation and regulations.                      Montana. The EPA occupied the mine area, which closed
                                                                 in 1990, labeling it the Nation’s leading Superfund site.
Moderator: M.C. Sungaila, Snell & Wilmer, Costa Mesa,            Grace’s operation of the mine quickly became the
California USA                                                   subject of three books, television documentaries and
Speakers: Kannon K. Shanmugam, Williams & Connelly,              congressional hearings. Later, the Department of Justice
LLP, Washington, District of Columbia USA; Thomas C.             charged Grace and its executives with conspiring to violate
Goldstein, Goldstein & Russell, P.C., Publisher,                 the knowing endangerment provisions of the Clean Air
SCOTUSblog, Washington, District of Columbia USA;                Act, conspiring to defraud the United States and
Harry Litman, Visiting Associate Professor, Rutgers Law          obstruction of justice, seeking massive criminal fines and
School, Camden, New Jersey USA, and Department Guest,            extended prison sentences. This panel of participants in
Princeton University Program in Law and Public Policy,           the three month trial will discuss how they defended novel
Princeton, New Jersey USA                                        criminal environmental legal issues, presented a
                                                                 coordinated defense, challenged the government’s medical
                                                                 and environmental expert witnesses, discredited the
                                                                 government’s key witnesses, exposed government
                                                                 misconduct during trial, and used live, in court, social
                                                                 media coverage of the trial to their advantage in this highly
                                                                 charged case, which resulted in the jury’s acquittal of the
                                                                 company and its executives on all charges.

                                                                 Moderator: Thomas C. Frongillo, Weil, Gotshal & Manges
                                                                 LLP, Boston, Massachusetts USA
                                                                 Speakers: William A. Coates, Roe Cassidy Coates & Price,
                                                                 Greenville, South Carolina USA; Jay Hughes, Senior
                                                                 Litigation Counsel, W.R. Grace, Cambridge,
                                                                 Massachusetts USA; Stephen R. Spivack, Bradley Arant
                                                                 Boult Cummings LLP, Washington, District of Columbia
                                                                 USA; Laurence A. Urgenson, Kirkland & Ellis LLP,
                                                                 Washington, District of Columbia USA; Elizabeth Van
                                                                 Doren Gray, Sowell Gray Stepp & Laffitte LLC, Columbia,
                                                                 South Carolina USA




                                                                                                                                 7
    Programs
    Monday, February 11 continued
                                                                                       Tuesday,
    10:30 a.m. - 12:00 p.m.
    MaJor ClE                                                                          February 12
    litigation ManagEMEnt FroM thE
    CorPoratE CounsEl PErsPECtivE                                7:30 - 8:30 a.m.
    SponSorS: BuSineSS litigAtion, CorporAte CounSel, Drug,      insuranCE and rEinsuranCE BusinEss MEEting
    DeviCe AnD BioteChnology, internAtionAl, proDuCt
    liABility, AnD toxiC AnD hAzArDouS SuBStAnCeS litigAtion     drug, dEviCE and BiotEChnology
    CommitteeS                                                   six sigma: whaT You Don’T Know CAn hurT You
    This distinguished panel of corporate counsel will discuss
                                                                 Many companies have implemented the Six Sigma
    the current demands and trends that impact their
                                                                 process or conceptual aspects of the program in their legal
    discussions when obtaining and retaining outside counsel.
                                                                 departments. What is Six Sigma? Why is it important for
    The program will focus on such issues as internal budget
                                                                 outside counsel to be well-versed in it? How have clients
    demands, tracking and benchmarking trends, the impact
                                                                 revised their expectations of outside counsel based on Six
    of outsourcing legal functions, current discovery trends,
                                                                 Sigma and can the Six Sigma program work in outside law
    practical insights into successful alternative fee
                                                                 firms and litigation teams? All of these controversial
    arrangements, and more.
                                                                 questions will be addressed and discussed by the
                                                                 speakers - one in-house head of litigation and one outside
    Moderator: Roy Alan Cohen, Porzio, Bromberg &
                                                                 litigation partner. Come join us for this forward-looking,
    Newman, P.C., Morristown, New Jersey USA
                                                                 important presentation that will be educational for those
    Speakers: Eric Daniel Brown, Eli Lilly & Company,
                                                                 lawyers who are unfamiliar with Six Sigma and provide
    Indianapolis, Indiana USA; Silvio J. DeCarli,
                                                                 a forum for discussions for those who are passionately
    Associate General Counsel and Chief Litigation
                                                                 divided in their opinions as to whether Six Sigma can work
    Counsel, E. I. du Pont de Nemours and Company,
                                                                 in outside law firms and litigation teams.
    Wilmington, Delaware USA; Lynette Lupia, Senior
    Manager, Performance Management and Administration,
                                                                 Speakers: Eric Daniel Brown, Eli Lilly & Company,
    Legal Division, Abbott Laboratories, Chicago, Illinois
                                                                 Indianapolis, Indiana USA; Michelle M. Fujimoto, Shook,
    USA
                                                                 Hardy & Bacon, LLP, Irvine, California USA
    5:00 - 6:00 p.m.
    intErnational CoMMittEE BusinEss MEEting




8
                                                                                                        Programs
aPPEllatE PraCtiCE                                              BusinEss litigation/altErnativE disPutE
amiCus Curious: oDDbaLL appeaLs anD The LimiTs of               rEsolution/Class aCtion and Multi-Party
CreaTiViTY                                                      litigation
                                                                DefenDing CommerCiaL CLass aCTions: reCenT Cases maY
Join our panel for a discussion of some of the strangest        be giVing The Defense an eDge
(and most interesting) appellate experiences from their         SponSor: rg/2 ClAimS ADminiStrAtion
careers. Each panel member will share an unusual
situation and the lessons that emerged from the craziness.      Plaintiffs’ lawyers continue to seek the benefits and
The panel will also explore the limits of creativity in         windfalls of bringing commercial consumer class action
appellate briefing. We all want to catch the court’s            litigation. But recent decisions from the U.S. Supreme
attention with our briefs, but it is not always easy to         Court and other courts are reshaping these actions and
identify the line between innovation and foolishness. Are       providing potential new avenues of defense. This program
comic strips appropriate? How about a brief that consists       will discuss the changing landscape including decisions
almost entirely of a single photo? Bring your own stories       such as Walmart v. Dukes (SCOTUS), Behrand v. Comcast
and examples-they will be added to the mix.                     (3d Cir) and Glaser v. Whirlpool (6th Cir.) which
                                                                discuss the permissibility of a merits inquiry by the court
Speakers: Jeffrey A. Cohen, Carlton Fields, Miami,              in making class certification decisions, and Wenzel v.
Florida USA; John B. Drummy, Kightlinger & Gray, LLP,           Toyota which discusses the doctrine of prudential
Indianapolis, Indiana USA; Edmund “Chip” Farrell,               mootness as a defense to class actions. We will identify the
Murchison & Cumming, LLP, Los Angeles, California               current trends in commercial consumer class actions as the
USA; Kendall Harrison, Godfrey & Kahn, Madison,                 plaintiff’s bar scrambles to get ahead of recent changes in
Wisconsin USA; M.C. Sungaila, Snell & Wilmer, Costa             these and other cases. Join us as our panel shares cutting
Mesa, California USA                                            edge tactics and strategies utilized today to contest and
                                                                defeat class actions.
ProduCt liaBility
no eViDenCe of DefeCT or CausaTion? no probLem! The             Moderator: Kurt B. Gerstner, Campbell Campbell
periLs of The maLfunCTion DoCTrine                              Edwards & Conroy, Boston, Massachusetts USA
                                                                Speakers: Charles H. Cole, Schuyler, Roche & Crisham,
What happens when a plaintiff has difficulty proving that a     P.C., Chicago, Illinois USA; T. Thomas Cottingham, III,
product caused the plaintiff’s injuries? In some instances,     Winston & Strawn LLP, Charlotte, North Carolina USA;
a plaintiff can rely on the “malfunction doctrine” to prove     Stephen A. Fogdall, Schnader Harrison Segal & Lewis,
causation. Under this doctrine, if the circumstances of an      Washington, District of Columbia USA; Christopher C.
accident indicate that a defect caused the accident, and the    Lam, Nexsen Pruet, LLC, Charlotte, North Carolina USA
plaintiff can produce evidence that removes other possible
causes, then the plaintiff can prove causation even if          8:45 - 9:45 a.m.
the product is damaged or destroyed. The speakers will          FEaturEd sPEakEr - Carl hiaasEn
address the origins of the malfunction doctrine, its
application and limits, and strategies to best defend against   For a full description on Carl Hiaasen and his talk, see
it.                                                             page 3.

Speakers: Bruce H. Raymond, Raymond Law Group LLC,
Glastonbury, Connecticut USA; Keith Steenlage, Assistant
General Counsel, Law Department, Deere & Co., Moline,
Illinois USA

           iaDC mobiLe meeTings siTe
      When onsite, get the most up-to-date Midyear
     Meeting information on our mobile meetings site:

                www.iadcmeetings.mobi

                                                                                                                               9
     Programs
     Tuesday, February 12 continued                                 explores the developing trends across the United States,
                                                                    Europe and Japan in class actions for wage and
                                                                    discrimination claims; the changing role of unions,
     10:00 a.m. - 11:30 a.m.                                        industry unions, and work councils outside of the United
     MaJor ClE                                                      States; and the impact of social media in the work force
     thE iPad litigator- using taBlEt                               and how employers are addressing social media and
     tEChnology EFFECtivEly in thE CourtrooM                        privacy issues in the work place.
     and thE oFFiCE                                                 Moderator: Emmanuèle Lutfalla, SCP Soulie & Coste-
     SponSorS: teChnology AnD triAl teChniqueS AnD tACtiCS          Floret, Paris, France; Eve Masinter, Breazeale, Sachse &
     CommitteeS                                                     Wilson, L.L.P., New Orleans, Louisiana USA
                                                                    Speakers: Noriko Higashizawa, City-Yuwa Partners,
     No longer can lawyers be technology illiterate. iPads and      Tokyo, Japan; Aldos Vance, Altec, Inc., Birmingham,
     similar devices have rapidly become a standard component       Alabama USA; Gerlind Wisskirchen, CMS Hasche Sigle,
     of law practice, especially for trial attorneys. Lawyers are   Cologne, Germany
     increasingly using these devices to communicate, collect
     and organize information, to prepare for or present            4:00 - 5:00 p.m.
     evidence at trial, or otherwise enhance the practice of law.   toxiC and hazardous suBstanCEs litigation
     Walt Sinclair and Adam Bloomberg will demonstrate how
                                                                    BusinEss MEEting
     several of the more than 200,000 existing applications can
     assist a defense lawyer during hearings, trials, and client
     meetings. This program will discuss how to run your            divErsity CoMMittEE BusinEss MEEting and
     existing firm’s PC applications and programs on your iPad      PrEsEntation - JudgE aBdul kariM kallon
     or tablet. Moreover, it will address security issues and
     considerations associated with the use of cloud-based          Judge Abdul Kallon will share his perspective on the
     applications on an iPad or tablet. This program will be        importance of diversity in the profession and early
     beneficial both for lawyers who currently use iPads or         lessons learned from the bench. Judge Kallon, a federal
     tablets and for lawyers who do not have one, but are           district judge for the Northern District of Alabama, was
     contemplating the use of such a device.                        born in Sierra Leone and immigrated to the U.S., where
                                                                    he became a citizen. He earned his bachelor’s degree from
     Moderator: Alex J. Hagan, Ellis & Winters, Cary, North         Dartmouth College in 1990, and his J.D. from the
     Carolina USA                                                   University of Pennsylvania Law School in 1993. He served
     Speakers: Adam Bloomberg, Managing Director – Trial            as a law clerk to the Honorable U. W. Clemon in the
     Technology Services, Litigation Insights, Dallas, Texas;       Northern District of Alabama, whose seat he was
     J. Walter Sinclair, Stoel Rives LLP, Boise, Idaho USA          appointed upon Judge Clemon’s retirement. He was
                                                                    nominated by President Obama and was sworn in on
     10:00 a.m. - 11:30 a.m.                                        January 7, 2010. Prior to his appointment, Judge Kallon
                                                                    was a member of Bradley Arant Boult Cummings,
     MaJor ClE                                                      practicing labor and employment law. He received a rating
     undErstanding intErnational laBor and                          of “well-qualified” from a majority of the ABA and his
     EMPloyMEnt PoliCy: a PriMEr For                                judicial nomination was supported by both the defense and
     Multinational EMPloyErs oPErating in a                         plaintiff’s bar.
                                                                    *this PrograM is not EligiBlE For ClE CrEdit.
     gloBal EConoMy
     SponSorS: employment lAW, CorporAte CounSel,                   Speaker: Judge Abdul Karim Kallon, United States
     DiverSity AnD internAtionAl CommitteeS                         District Court for the Northern District of Alabama,
                                                                    Birmingham, Alabama USA
     Given the increasing globalization of the international
     economy as well as the ever expanding reach of
     corporations across multiple jurisdictions, corporate
     counsel and their outside attorneys are confronted daily
     with new issues related to managing labor and
     employment matters across national borders. This program
10
                                                                                                     Programs
                                                             insuranCE and rEinsuranCE
                      Wednesday,                             ConsTruCTion DefeCT CoVeraTe reDux: aDDiTionaL
                                                             insureDs, Trigger of CoVerage anD oTher emerging issues
                      February 13                            This is the second of a two-part series on emerging
                                                             issues in construction defect coverage litigation. This
7:30 - 8:30 a.m.                                             presentation will focus on additional issues facing insurers
whitE Collar dEFEnsE and invEstigations                      and construction litigators. In many cases, the underlying
                                                             faulty workmanship in construction litigation spans
BusinEss MEEting
                                                             multiple years and involve numerous parties. In turn,
                                                             insurers and policyholders must address important
tEChnology CoMMittEE                                         threshold legal questions such as when policies are
CYber-sLeuThing: using The inTerneT for inVesTigaTiVe        triggered, coverage for additional insureds and
purposes, anD inVesTigaTing sourCes of faLse or              allocation among multiple defendants. Recent court
DefamaTorY inTerneT informaTion                              decisions in these areas have produced disparate results
                                                             depending on the jurisdiction and the insurance policy
The Internet is an invaluable resource for attorneys and     forms at issue. An expert panel will discuss the various
individuals searching for information on events or people.   approaches courts have taken on these cornerstone
However, in the absence of effective regulations to verify   coverage topics.
information disseminated freely online, it also can be the
quick path to reputation ruin. Many companies and            Speakers: Michael A. Hamilton, Nelson, Levine, de Luca
individuals find themselves the subject of false or          & Hamilton, LLC, Blue Bell, Pennsylvania USA; Kathleen
misleading information promulgated by those they do not      J. Maus, Butler Pappas, Tallahassee, Florida USA
know and cannot readily confront. This program will
highlight the impact of cyber-misinformation on              EnvironMEntal and EnErgy law
companies and individuals, and some resources that exist     winD power anD nuisanCe LiTigaTion
to help counter its detrimental effects. This program will
also highlight effective Internet and web-based tools to
                                                             In an age when alternative or renewable energy sources are
investigate events, witnesses or experts.
                                                             in high demand by the public, wind farms have become
                                                             part of the equation in meeting energy needs worldwide.
Speaker: Bruce C. Anderson, Cyber Investigation Services
                                                             Though applauded by many, wind farm development has
LLC, Valrico, Florida USA
                                                             also been met with opposition, and targeted in nuisance
                                                             claims. As wind farms continue to develop, more litigation
                                                             will ensue. This program is a basic primer in wind farm
                                                             litigation and will introduce you to wind farm components
                                                             and the types of nuisance claims that have been asserted in
                                                             recent cases.

                                                             Speakers: Jeromy E. Brown, Frailey, Chaffin, Cordell,
                                                             Perryman, Sterkel, McCalla & Brown, Chickasha,
                                                             Oklahoma USA; Rebecca Jo Reser, Davidson Troilo Ream
                                                             & Garza, San Antonio, Texas USA; Randall Tharp, Wind
                                                             Energy Specialist, Canadian Valley Technology Center, El
                                                             Reno, Oklahoma USA




                                                                                                                            11
     Programs
     Wednesday, February 13 continued                                 8:45 - 10:15 a.m.
                                                                      MaJor ClE
     7:30 - 8:30 a.m.                                                 innovativE tEChniquEs For EFFECtivEly
     ProFEssional liaBility/insuranCE ExECutivEs                      dEFEnding daMagE ClaiMs in high-stakEs
     pLr reDux: aTTorneY LiabiLiTY To non-CLienTs                     litigation
                                                                      SponSorS: meDiCAl DefenSe AnD heAlth lAW,
     Although an attorney-client relationship is an essential         environmentAl AnD energy lAW, proDuCt liABility,
     element of most claims against lawyers, attorneys may            BuSineSS litigAtion, AnD triAl teChniqueS AnD tACtiCS
     face civil liability to non-clients in several well-recognized   CommitteeS
     situations. This program will focus on the potential
     exposure lawyers face to non-clients for fraud, fraudulent       We have all seen it before - a hotly contested business
     transfers, and aiding and abetting the alleged wrongful          dispute or lapse in judgment leading to an accident,
     conduct of their clients. This engaging program was              followed by an enormous financial loss, property damage,
     originally presented at the IADC Professional Liability          or catastrophically injured plaintiff seeking millions in
     Roundtable in Chicago in May 2012.                               economic damages. That claim will be supported by the
     *This program is eligible for eThics/professional                plaintiff’s medical expert, life care planner and/or
     responsibiliTy cle crediT.                                       economist presenting a grossly inflated damages claim.
                                                                      How do you evaluate and attack each element of that
     Speakers: Mark Krueger, Claim Supervisor, Minnesota              damages claim and effectively cross-examine life care
     Lawyers Mutual, Minneapolis, Minnesota USA; Paul C.              planners and economic experts? This program will discuss
     Peterson, Lind Jensen Sullivan & Peterson P.A.,                  innovative strategies for evaluating the plaintiff’s
     Minneapolis, Minnesota USA                                       economic loss claims, obtaining data to attack those
                                                                      claims, and effectively using defense experts to identify
     8:45 - 10:15 a.m.                                                areas of weakness in plaintiff’s experts’ opinions, develop
     MaJor ClE                                                        your defenses, and defend the claim at trial. The program
     dinosaur to avatar - soCial MEdia EthiCs,                        will include mock cross-examinations of expert witnesses
                                                                      and will have broad-based application to commercial and
     disCovEry, invEstigation and trial                               personal injury litigation.
     SponSor: inSurAnCe AnD reinSurAnCe Committee
                                                                      Speakers: Thomas A. Barocci, Ph.D., T.A.B. Associates,
     Today’s lawyer faces a flood of information and almost           Inc., Boston, Massachusetts USA; Jennifer Haltom Doan,
     inexhaustible number of social media outlets. The key is to      Haltom & Doan, Texarkana, Texas USA; Kurt B. Gerstner,
     understand how to filter the nonsense and focus on the           Campbell Campbell Edwards & Conroy, Boston,
     truly relevant - all while staying within ethical boundaries.    Massachusetts USA
     This session brings together a panel of distinguished law
     school faculty, judiciary, and lawyers who all have acute        10:30 a.m. - 12:00 p.m.
     acumen utilizing social media to its full potential in the
     practice of law. The discussion will span from claims            MaJor ClE/sPECial intErEst
     investigation and discovery to effective social media use at     arE wE a nation oF ChEatErs? - david
     trial to ethical constraints. Attendees will walk away more      Callahan
     confident in embracing social media in their own practice.
     *This program is eligible for eThics crediT.                     For a full description on David Callahan and his talk, see
                                                                      page 3.
     Speakers: John G. Browning, Lewis Brisbois Bisgaard &
     Smith LLP, Dallas, Texas USA; Daniel W. Gerber,
     Goldberg Segalla LLP, Buffalo, New York USA; January
     Jacobowitz, Director, Professional Responsibility and
     Ethics Program at the University of Miami School of Law,
     Miami, Florida USA; Honorable Gena Slaughter,
     Presiding Judge, 191st Civil District Court, Dallas, Texas
     USA

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