Insurance Litigation Attorneys
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AMERICAN BAR ASSOCIATION TORT TRIAL & INSURANCE PRACTICE
SECTION AND THE AMERICAN INSURANCE ASSOCIATION
JOIN TOGETHER TO BRING YOU
INSURANCE LITIGATION:
TOOLS FOR CONQUERING NEW
FRONTIERS AND FAMILIAR FOES
BRINGING TOGETHER PLAINTIFFS’ ATTORNEYS, DEFENSE ATTORNEYS
AND INSURANCE AND CORPORATE COUNSEL FOR THE EXCHANGE OF
INFORMATION AND IDEAS
JUNE 9–10, 2005
WESTIN CHICAGO RIVER NORTH HOTEL
CHICAGO, IL
West, a Thomson business, is the primary sponsor of the
Tort Trial & Insurance Practice Section
INSURANCE LITIGATION:
TOOLS FOR CONQUERING NEW FRONTIERS AND
FAMILIAR FOES
Dear Friends & Colleagues:
The American Bar Association’s Tort Trial & Insurance Practice Section (ABA/TIPS) and the
American Insurance Association (AIA) are pleased to announce the second installment in our
ongoing series of insurance litigation conferences, which will be held at Chicago's spectac-
ular Westin River North Hotel from June 9-10, 2005. However, we encourage you to attend
our welcome/networking reception on Wednesday, June 8th, from 6:00 p.m. - 7:30 p.m.
The conference program will provide a comprehensive exploration of challenging insurance
litigation developments and cutting-edge responses that are of vital interest to general coun-
sels, corporate counsels and their staffs; defense attorneys; risk managers; and senior claims,
underwriting and compliance management and their staffs. The faculty for the conference
is impressive, and includes corporate counsels, defense attorneys, current and former state
insurance regulators and other noted experts.
No doubt this will be a lively and interactive program—one that anyone with a professional
stake in insurance litigation cannot afford to miss. CLE credits—including ethics—will be avail-
able, and the conference will provide valuable networking opportunities and a chance to
experience the dynamic city of Chicago.
We want to extend a personal invitation to each of you to join us in Chicago. Mark your
calendars, make your travel arrangements, and plan to join us.
Advisory Committee Panel
Richard P. Campbell Jane Kelly
Campbell Campbell Senior Vice President &
Edwards & Conroy, PC Senior Counsel
Boston, MA St. Paul Travelers Company
Hartford, CT
Kenneth Harkins
Senior Vice President & General Counsel Janet S. Kloenhamer
Domestic Brokerage Group General Counsel
AIG Fireman's Fund
New York, NY Insurance Company
Novato, CA
Kim D. Hogrefe
Managing Director David O. Larson
Chubb & Son Lewis Brisbois Bisgaard & Smith, LLP
Warren, NJ San Francisco, CA
J. Kendall Huber Mitchell A. Orpett
Senior Vice President & Partner
General Counsel Tribler Orpett & Meyer PC
Allmerica Property & Chicago, IL
Casualty Company
Worchester, MA
Craig Berrington Kenneth A. Stoller
Program Co-Chair Program Co-Chair
Senior Vice President & Senior Counsel
General Counsel American Insurance Association
American Insurance Association Washington, DC
Washington, DC
Robert M. Ferm
James K. Carroll Program Co-Chair & Member
Chair of TIPS 2004-2005 & Partner Hall & Evans
Fowler Rodriguez & Chalos Denver, CO
New Orleans, LA
Program Agenda
Wednesday, June 8, 2005
3:00 p.m. - 5:00 p.m. REGISTRATION
6:00 p.m. - 7:30 p.m. WELCOME RECEPTION
Thursday, June 9, 2005
7:00 a.m. - 8:00 a.m. REGISTRATION & CONTINENTAL BREAKFAST
8:00 a.m. - 8:15 a.m. WELCOME & OPENING REMARKS
Craig A. Berrington James K. Carroll
Senior Vice President Chair of TIPS 2004-2005
and General Counsel & Partner
AIA Fowler Rodriguez &
Washington, DC Chalos
New Orleans, LA
8:15 a.m. - 10:00 a.m. FIRST MORNING SESSION
Forecasting—A Look at Insurance Cycles, Emerging
Tort Theories and Litigation.
The risks inherent in the constantly evolving landscape
of insurance litigation make it essential for companies
to be alert to the latest trends. This session will provide
some unique perspectives on possible future develop-
ments that you won't want to miss.
Moderator Deborah R. Hensler
Stephen P. Groves Judge John W. Ford
Senior Counsel Professor of Dispute
Nexsen Pruet, LLC Resolution
Charleston, SC Stanford University
Stanford, CA
Speakers
Richard H. Murray Jeffrey P. Lennard
Chief Claims Strategist Partner
Swiss Re Asset Sonnenschein Nath &
Management Rosenthal LLP
(Americas) Inc. Chicago, IL
New York, NY
Sheila L. Birnbaum
Partner
Skadden Arps
New York, NY
Thursday, June 9, 2005 cont’d.
10:00 a.m. - 10:15 a.m. BREAK
10:15 a.m. - 12:00 p.m. SECOND MORNING SESSION
Regulation and Litigation: Walking the Razor's Edge
As never before, insurers are being subjected to litigation
arising out of their interaction with state insurance com-
missioners and attorneys general, as well as private law-
suits that undermine—and in some cases usurp—the
authority of those regulators. From the New York broker
compensation litigation to private actions arising out of
insurer market conduct examinations, the litany of poten-
tial dangers seems endless. This session will cover the land-
scape of challenges and consider the appropriate func-
tion of the insurance regulatory system.
Moderator J. Stephen Zielezienski
Glenn Pomeroy Vice President and
Associate General Counsel Associate General
GE ERC Headquarters Counsel
Kansas City, MO American Insurance
Association
Speakers Washington, DC
Joel S. Ario
Oregon Insurance Gary A. Hernandez
Administrator Partner
Department of Consumer Sonnenschein Nath &
& Business Rosenthal LLP
Services, Insurance Division San Francisco, CA
Salem, OR
Lawrence H. Mirel
Insurance Commissioner
D.C. Department of
Insurance and Securities
Regulation
Washington, DC
12:15 p.m. - 1:30 p.m. LUNCHEON KEYNOTE SPEAKER—THE VANISHING TRIAL
PHENOMENON
Marc Galanter, John and Rylla Bosshard Professor of Law
University of Wisconsin Law School
While the legal world has grown vigorously during the past
generation, the number of trials has actually declined
sharply. Professor Galanter will discuss the causes and
consequences of this "trial implosion."
1:45 p.m. - 3:15 p.m. FIRST AFTERNOON SESSION
Litigation Wrap-Up and Innovative Strategies
As the litigation carousel continues to spin, there are ways
for both individual companies and the industry as a whole
to stay ahead of the curve. This session will provide an
update on significant coverage litigation; consideration of
Thursday, June 9, 2005 cont’d.
the benefits of industry proactive involvement in litigation
matters of statewide and national significance; and strate-
gies for dealing with E-Discovery, document and record
retention.
Moderator Robert D. Phillips, Jr.
Kenneth Lyman Partner
CEO and Member ReedSmith LLP
Hall & Evans, LLC Oakland, CA
Denver, CO
Laura A. Foggan
Speakers Partner
Anne J. Farina Wiley Rein & Fielding LLP
Senior Counsel Washington, DC
Sun Life Financial
Wellesley Hills, MA
3:15 p.m. - 3:30 p.m. BREAK
3:30 p.m. - 5:15 p.m. SECOND AFTERNOON SESSION
Class Actions—Federal Reform and Beyond
Debate is already raging over the merits of the new Class
Action Fairness Act. This session will explore the opportuni-
ties presented by this historic legislation, as well as some of
the persistent challenges that class action litigation will
continue to present.
Moderator John H. Beisner
Elizabeth M. Sacksteder Partner
Senior Vice President, O'Melveny & Myers LLP
Deputy General Washington, DC
Counsel and Director of
Litigation T. Robert Scarborough
The Hartford Partner
Hartford, CT Sidley Austin Brown &
Wood LLP
Speakers Chicago, IL
Jeffrey W. Jackson
Vice President/General
Counsel
State Farm Insurance
Bloomington, IL
6:00 p.m. - 7:30 p.m. COCKTAIL RECEPTION
Friday, June 10, 2005
7:30 a.m. - 8:00 a.m. CONTINENTAL BREAKFAST
8:00 a.m. - 8:15 a.m. OPENING REMARKS
Robert M. Ferm
Program Co-Chair &
Member
Hall & Evans, LLC
Denver, CO
8:15 a.m. - 10:00 a.m. FIRST MORNING SESSION
Managing Legal Representation (Ethics Credits)
When it comes to insurance litigation, successfully navi-
gating the complexities of legal representational issues is
nearly as important as having the facts and the law on
your side. This session will explore the importance of litiga-
tion management within the scope of the tripartite rela-
tionship and consider cutting-edge strategies in the selec-
tion and management of litigation and trial counsel.
Moderator Paul F. Buckley
Kenneth V. Harkins Senior Director
Senior V.P. and General Risk Management
Counsel Tyco International, Inc.
Domestic Brokerage Group Princeton, NJ
AIG
James M. DiVirgilio
New York, NY
Deputy General Counsel
Speakers St. Paul Travelers
Katherine E. Giddings Hartford, CT
Shareholder
Akerman Senterfitt
Tallahassee, FL
10:00 a.m. - 10:15 a.m. BREAK
10:15 a.m. - 12:00 p.m. SECOND MORNING SESSION
A Roundtable Discussion—Lessons Learned
Our panel of experts will recap and analyze the highlights
of earlier sessions, with special focus on how companies
can exercise legal and reputational risk control in the face
of litigation challenges, and how to turn those challenges
into successful business opportunities.
Moderator Kenneth V. Harkins
David O. Larson Senior V.P. and General
Partner Counsel, Domestic
Lewis, Brisbois, Bisgaard & Brokerage Group
Smith, LLP AIG
San Francisco, CA New York, NY
Speakers
Gordon J. Calhoun * The panel will be joined
Partner by other distinguished
Lewis, Brisbois, Bisgaard & faculty.
Smith, LLP
Los Angeles, CA
Faculty
Joel S. Ario Deborah R. Hensler
Oregon Insurance Administrator Judge John W. Ford Professor of Dispute
Department of Consumer & Business Resolution
Services, Insurance Division Stanford University
Salem, OR Stanford, CA
John H. Beisner Gary A. Hernandez
Partner Partner
O'Melveny & Myers LLP Sonnenschein Nath & Rosenthal LLP
Washington, DC San Francisco, CA
Craig A. Berrington Jeffrey W. Jackson
Senior Vice President & General Vice President/General Counsel
Counsel State Farm Insurance
AIA Bloomington, IL
Washington, DC
David O. Larson
Sheila L. Birnbaum Partner
Partner Lewis, Brisbois, Bisgaard & Smith, LLP
Skadden Arps San Francisco, CA
New York, NY
Jeffrey P. Lennard
Paul F. Buckley Partner
Senior Director Sonnenschein Nath & Rosenthal LLP
Risk Management Chicago, IL
Tyco International, Inc.
Princeton, NJ Kenneth Lyman
CEO and Member
Gordon J. Calhoun Hall & Evans, LLC
Partner Denver, CO
Lewis, Brisbois, Bisgaard & Smith, LLP
Los Angeles, CA Lawrence H. Mirel
Insurance Commissioner
James K. Carroll D.C. Department of Insurance and
Chair of TIPS 2004-2005 & Partner Securities Regulation
Fowler Rodriguez & Chalos Washington, DC
New Orleans, LA
Richard H. Murray
James M. DiVirgilio Chief Claims Strategist
Deputy General Counsel Swiss Re Asset Management
St. Paul Travelers (Americas) Inc.
Hartford, CT New York, NY
Anne J. Farina Robert D. Phillips, Jr.
Senior Counsel Partner
Sun Life Financial ReedSmith LLP
Faculty
Wellesley Hills, MA Oakland, CA
Robert M. Ferm Glenn Pomeroy
Member Associate General Counsel
Hall & Evans, LLC GE ERC Headquarters
Denver, CO Kansas City, MO
Laura A. Foggan Elizabeth M. Sacksteder
Partner Senior Vice President,
Wiley Rein & Fielding LLP Deputy General
Washington, DC Counsel and Director of Litigation
The Hartford
Katherine E. Giddings Hartford, CT
Shareholder
Akerman Senterfitt T. Robert Scarborough
Tallahassee, FL Partner
Sidley Austin Brown & Wood LLP
Stephen P. Groves Chicago, IL
Senior Counsel
Nexsen Pruet, LLC J. Stephen Zielezienski
Charleston, SC Vice President and
Associate General Counsel
Kenneth V. Harkins American Insurance Association
Senior V.P. and General Counsel Washington, DC
Domestic Brokerage Group
AIG
New York, NY
General Information
Hotel Deadline: May 18, 2005 room rate of $229 S/D plus 14.9% tax. For reserva-
Registration Deadline: May 23, 2005 tions, please call the hotel directly at 312/744-1900.
ADVANCE REGISTRATION The room block will be held until exhausted or until
Technical Registration Experts (T-REX) is handling Wednesday, May 18, 2005 at 5:00 p.m. (CST). After
registration reservations. All registration reserva- the meeting specified hotel deadline, reservations
tions must be accompanied by credit card, will be confirmed based on availability. Please
check, money order, or purchase order. A regis- refer to the ABA/TIPS/AIA Insurance Litigation
tration form is included in this brochure as well as Conference when calling the hotel to make reser-
online at www.abanet.org/tips. The registration vations. Hotel check-in is 3:00 p.m. and checkout
fee includes admission to the program, course is 12:00 p.m. (Noon). All reservations must be guar-
materials, continental breakfast, lunch, breaks, anteed by credit card or deposit check.
and reception. If you wish to have your name Individuals with guaranteed reservations must
appear on the pre-registration list distributed at cancel their reservations by 72 hours on the sched-
the program, T-REX must receive your meeting uled day of arrival to avoid a one-night cancella-
reservation no later than May 23, 2005. tion charge.
Registration reservations will be confirmed in writ-
ing within 10 business days. CLE INFORMATION
Accreditation will be requested for this program
ON-SITE REGISTRATION from every state with mandatory continuing legal
On-site registrations will be accepted if space is education (MCLE) requirements for its lawyers.
available. Call Debra Dotson at 312/988-5708 or Please be aware that each state has its own rules
email debradotson@staff.abanet.org, 72 hours and regulations, including its definition of "CLE".
prior to the program to confirm that space is avail- Check with your state agency for confirmation of
able. On-site registrants must pay the program fee this program's approval. Attorneys seeking to
by credit card or check made payable to the obtain MCLE credit in Pennsylvania are required to
American Bar Association. A $25 fee will be pay state accreditation fees directly to that state.
charged to individuals registering on-site. Certificates of attendance will be available at the
conclusion of the program. In order to receive CLE
CANCELLATION POLICY credit, all attorneys will be required to sign-in on
No registration fee refunds will be granted for can- the sign in sheets and obtain a Uniform Certificate
cellations received after May 23, 2005. In order to of Attendance. Registration fees must be paid in
receive a refund (less a $100 administrative fee), full before registrants can receive credit. You may
the ABA must receive written cancellation by May contact the ABA Service Center toll free at 1-800-
23, 2005. Registrants who are unable to attend 285-2221 or Debra D. Dotson at 312/988-5708 for
may send a substitute or will receive course mate- confirmation of the number of CLE credit hours
rials in lieu of a refund. requested by the ABA or credit approved by any
particular state.
AIRLINE INFORMATION
You are encouraged to make your airline reserva- MEMBERSHIP INFORMATION
tions on the newly launched ABA Online Travel site
General Information
For more information about membership in
where you automatically receive ABA airfare dis- the ABA or the Tort Trial & Insurance Practice
counts from a variety of carriers and can view and Section (TIPS), please visit us online at
purchase other low fare options including web www.abanet.org/tips/memberapp.html or call
fares. ABA Online Travel can be accessed from the 1-800-285-2221. Membership in TIPS includes three
navigation bar on the left of the ABA web site home industry-leading periodicals, discounts of up to
page. It takes only a few moments to establish a 20% on many TIPS CLE programs, and other career
username and password allowing you to immedi- and practice-enhancing benefits. Join TIPS today!
ately book your reservations. With ABA Online Travel
you have the option of charging your airline tickets PERSONS WITH DISABILITIES
directly to your personal credit card. ABA Online Services for persons with disabilities are available. If
Travel provides you with a quick and easy way for special arrangements are required for an individ-
obtaining the most cost effective airline reserva- ual to attend this program, please notify the ABA
tions. Visit http://wcp.getthere.net/abaonlinetravel promptly at 312/988-5708. Reasonable advance
or www.abanet.org. notice is requested.
ABA Discounted Meeting Airfares are available GET CONNECTED WITH TIPS!
through your travel agent or directly from the air- Information on this and other TIPS CLE programs is
line. Following are the ABA discount codes under available online at www.abanet.org/tips. Visit us
which your reservations need to be purchased in and get connected!
order to receive either the ABA percentage dis-
count or zone fare. SCHOLARSHIPS AVAILABLE!
ATTENTION TIPS MEMBERS: Scholarships are avail-
American Airlines able for all Section activities, courtesy of the TIPS
ABA Code: 17715 800/433-1790 Scholarship Fund. The Fund, established with the
Delta Air Lines International Risk Management Institute ("IRMI")
ABA Code: 207843A 800/241-6760 and supported by subscriptions to the IRMI CGL
US Airways Reporter, is intended to increase membership
ABA Code: 65163236 877/874-7687 involvement in TIPS' activities among minorities,
HOTEL INFORMATION solo and small firm practitioners, government
Westin Chicago River North Hotel attorneys, women, and young lawyers by provid-
Reservations can be made by calling 312/744- ing financial support to those who would otherwise
1900 A limited number of rooms have been be unable to participate. To request an applica-
blocked for program registrants of the tion or receive additional information, visit
ABA/TIPS/AIA Insurance Litigation Conference at www.abanet.org/tips/scholarship.html or contact
the Westin Chicago River North Hotel, 320 North Linda Wiley at 312-988-5673.
Dearborn Street, Chicago, IL 60610 for a hotel
Registration Form
ABA Tort Trial & Insurance Practice Section (TIPS)
American Insurance Association (AIA)
INSURANCE LITIGATION:
TOOLS FOR CONQUERING NEW FRONTIERS
AND FAMILIAR FOES
Westin Chicago River North Hotel
June 9-10, 2005
Chicago, IL
1. REGISTRANT: (PLEASE PRINT OR TYPE ONE FORM PER PERSON; PHOTOCOPY THIS FORM FOR
ADDITIONAL REGISTRANTS)
LAST NAME FIRST NAME MI
Name as you wish it to appear on your badge
FIRM/COMPANY
WHAT STATE(S) ARE YOU LICENSED IN?
ADDRESS
CITY STATE ZIP
(AREA CODE) BUSINESS PHONE NUMBER FACSIMILE
E-MAIL ADDRESS
Are you attending your first ABA/TIPS or AIA Program?
❑ Yes ❑ No (TIPS) ❑ Yes ❑ No (AIA)
Registration Form
❑ I am a member of the ABA and wish to join the Tort Trial & Insurance Practice Section. I have
enclosed a separate check for $50 made payable to the American Bar Association.
2. REGISTRATION FEES: On or Before
5/23
After
5/23
AIA/TIPS Member $125 $ 450 ______ $ 475
ABA Member $175 $ 500 ______ $ 525
General Attendee $275 $ 525 ______ $ 550
$125
Law Student $175 $ 200 ______ $ 225
3. TOTAL PAYMENT: Total: $______
4. PAYMENT INFORMATION:
❑ Check (made payable to the ABA) ❑ American Express ❑ MasterCard ❑ Visa
Credit Card Number Expiration Date
Signature
THREE WAYS TO REGISTER
ONLINE MAIL Fax
www.abanet.org/tips Technical Registration Experts (T-REX) 630-262-1520
13 South 2nd Street, Suite 2
Geneva, IL 60134
(T-REX can be reached by phone toll free at 877-309-1565 or by their direct number 630-262-1599)
INSURANCE LITIGATION:
Non-Profit Org.
TOOLS FOR CONQUERING NEW FRONTIERS AND FAMILIAR FOES U.S. Postage
PAID
WESTIN CHICAGO RIVER NORTH HOTEL • JUNE 9–10, 2005 • CHICAGO, IL Documation
American Bar Association
Tort Trial & Insurance Practice Section
321 North Clark Street
Chicago, Illinois 60610
Other Excellent CLE Programs from TIPS:
August 4-8, 2005
ABA Annual Meeting
Sheraton Hotel & Towers
Chicago, IL
Job Number: 31572
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