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Employer Liability - Stemming the Rising Tide

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					Employer Liability: Stemming the Rising Tide
2010 ALFA International Seminar on Employment Practices Liability Insurance (EPLI),
ERISA, D&O Issues and Managing the Tripartite Relationship

Co-Hosted by ALFA International’s Labor & Employment
and Insurance Practice Groups

The Ritz-Carlton Battery Park | New York, New York
June 16-18, 2010

www.alfainternational.com
Stemming the Rising Tide of
Employment Litigation                                                             Wednesday, June 16, 2010
                                                                                  5:30 p.m.-8:30 p.m.
In a recent survey, companies have reported that employment litigation            WELCOME RECEPTION & BUFFET DINNER AT
is the top area for increased legal costs and that no other area of the           BOBBY VAN’S STEAKHOUSE
                                                                                  We will kick-off the 2010 EPLI Seminar with a
law engenders more lawsuits. Wage-hour, age, sex, race and disability             one-of-a-kind dinner in an original bank vault
discrimination and ERISA cases are all on the rise, as are class actions          at Bobby Van’s Steakhouse and Grill located
and other multi-plaintiff claims. Newly enacted federal and state laws            across from the New York Stock Exchange.
                                                                                  You will be transported to another time, when
and regulations have expanded workplace rights, and the Obama                     JP Morgan and John D. Rockefeller ruled
administration has pledged to step up federal enforcement activities in the       Manhattan, as you walk through the impressive
employment arena.                                                                 six-foot circular vault door and view the
                                                                                  mirrored pillars, classic lighting and walls lined
                                                                                  with original antique deposit boxes in “The
In managing risk, companies routinely have to choose whether to                   Vault.” We hope you will join us as we dine on
purchase insurance, “self-insure” or combine both options. Two of ALFA            prime steaks and fresh seafood at this unique
                                                                                  New York restaurant.
International’s practice groups – Insurance and Labor & Employment –
have joined together to deliver a program that features presentations on a
variety of topics by experienced and well-qualified senior claims personnel,      Thursday, June 17, 2010
risk managers, brokers, in-house counsel, ALFA International attorneys            7:45 a.m.-8:45 a.m.
and others. The program will provide guidance and present corporate               BREAKFAST
and insurer perspectives on EPLI and other types of insurance coverage            The Ritz-Carlton Ballroom

available to protect against such risks. It will also address issues that arise
                                                                                  8:45 a.m.-12:15 p.m.
when insurers, companies, officers, directors, fiduciaries and employees are      GENERAL SESSION
faced with claims, lawsuits and other proceedings involving employment            The Ritz-Carlton Ballroom
issues and other corporate risks, including the many practical and ethical
                                                                                  8:45 a.m.-9:00 a.m.
issues associated with those risks.                                               INTRODUCTORY REMARKS

ALFA International invites you to participate in this cutting edge program        Sarah H. Lamar
                                                                                  Chair, ALFA International Board of Directors
and hopes you will attend!                                                        HUNTER, MACLEAN, EXLEY & DUNN, P.C.
                                                                                  Savannah, Georgia

                                                                                  David M. Eisenberg
   What is ALFA International?                                                    Program Co-Chair, ALFA International
                                                                                  Labor & Employment Practice Group
   ALFA International, the global legal network, is an organization               BAKER STERCHI COWDEN & RICE L.L.C.
   of independent law firms. ALFA International’s membership is                   Kansas City, Missouri

   comprised of 133 international law firms (85 U.S. based firms,
                                                                                  Glenn F. Fencl
   48 non U.S. based firms) employing over 9.000 lawyers and                      Program Co-Chair,
   10,000 other legal professionals. Member firms are located in                  ALFA International Insurance Practice Group
   nearly every U.S. state as well as in Canada, Mexico, across                   JOHNSON & BELL, LTD.
                                                                                  Chicago, Illinois
   Europe, Latin America, South America, Africa and the Pacific
   Rim. ALFA International’s basic objective, accomplished                        9:00 a.m.-10:30 a.m.
   through its member firms and their activities, is to improve the               THE TRIPARTITE RELATIONSHIP –
   quality and efficiency of legal services and to provide those                  BUILDING AN EFFECTIVE ALLIANCE
                                                                                  When an EPLI claim is made against an employer,
   services to clients within a reasonable and value oriented cost                it’s not alone since its insurer and counsel
   formula across jurisdictions around the world.                                 quickly become a part of the defense. Keeping
                                                                                  in mind that the best defense strategy always
                                                                                  involves communication, each member of




www.alfainternational.com
this team must maintain his or her respective      Carol B. Ervin                                         Dean A. Hoistad
loyalties while understanding each other’s         Moderator                                              Moderator
positions and the effect of those positions on     YOUNG CLEMENT RIVERS LLP                               AXILON LAW GROUP, PLLC
the defense goals. This session will address the   Charleston, South Carolina                             Missoula, Montana
best practices to ensure the proper relationship
between the insured employer, the insurer and      Adair Bledsoe, Jr.                                     Deanna M. Beacham
counsel and to provide the optimal defense for     Assistant General Counsel                              Assistant Vice President
all concerned. We will address how strategies      COMPUTER SCIENCES CORPORATION                          CHUBB & SON
are formed, how communications and conflict        Columbia, South Carolina                               Warren, New Jersey
should be handled between the parties, and
the idiosyncratic dynamics of building an          Virginia (Ginny) Morris-Ardin                          Jonathan H. Kurens
effective alliance.                                Professional Liability Claims Specialist               Senior Vice President
                                                   PHILADELPHIA INSURANCE COMPANIES                       AON RISK SERVICES
Jessica A. Desany                                  Bala Cynwyd, Pennsylvania                              New York, New York
Moderator
CARTER, CONBOY, CASE, BLACKMORE,                   Doug Onley                                             Eric Ross
MALONEY & LAIRD, P.C.                              Senior Claims Counsel                                  Specialty Lines Claims
Albany, New York                                   UNITED EDUCATORS                                       BEAZLEY GROUP
                                                   Chevy Chase, Maryland                                  Farmington, Connecticut
George D. Fagan
Moderator                                          Marie Milie Jones                                      Michael W. Hawkins
LEAKE & ANDERSSON, L.L.P.                          Panelist                                               Panelist
New Orleans, Louisiana                             MEYER, DARRAGH, BUCKLER,                               DINSMORE & SHOHL LLP
                                                   BEBENEK & ECK, P.L.L.C.                                Cincinnati, Ohio
Morris Barto                                       Pittsburgh, Pennsylvania
Vice President                                                                                            B. EMPLOYMENT LAW UPDATE:
GENERAL REINSURANCE CORPORATION                    12:15 p.m.-1:15 p.m.                                   THE TIMES – THEY ARE A-CHANGIN’
Atlanta, Georgia                                   LUNCH                                                  A classic line from a 1964 Bob Dylan song,
                                                   The Ritz-Carlton Ballroom                              yet the title could not be more appropriate for
Marion R. (Mickey) Clark                                                                                  the world we live in today. President Obama
Senior Litigation Attorney                         1:15 p.m.-4:45 p.m.                                    took office with an ambitious agenda, much
RADIOSHACK CORPORATION                             BREAKOUT SESSIONS                                      of it involving employment law. This session
Fort Worth, Texas                                                                                         will discuss recently enacted and currently
                                                   1:15 p.m.-2:15 p.m.                                    proposed legislative and regulatory changes
James Mandarino                                    GROUP 1                                                that may significantly affect how companies
Assistant Vice President                                                                                  do business. The panel will explore what
ZURICH NORTH AMERICA                               A. MEDIATION: BEYOND SHUTTLE                           has transpired to date, what lies ahead, and
New York, New York                                 DIPLOMACY                                              how companies and their insurers can best
                                                   This panel will discuss potential benefits             prepare themselves to deal with the changing
10:30 a.m.-10:45 a.m.                              and drawbacks of mediating an EPLI claim;              landscape.
BREAK                                              what to look for in selecting a mediator for a
                                                   particular claim and how effective is mandatory        Schaun D. Henry
10:45 a.m.-12:15 p.m.                              mediation. When is the right time to begin the         Moderator
THE SCARY CASE – FACTS OR ALLEGATIONS              mediation process: pre-suit, after discovery           MCNEES WALLACE & NURICK LLC
THAT MAKE YOU WINCE – ASSESSING AND                or on the eve of trial? Are certain practices          Harrisburg, Pennsylvania
HANDLING THE PUNITIVE DAMAGES CLAIM                in mediation such as opening statements or
What are the issues faced by litigants when        preliminary ex parte contact with mediators            Jeff Randall
punitive damages are pled and can be               helpful or harmful? How does the type of EPLI          Vice President, Human Resources
supported? Does the venue of federal court         claim, i.e., first party, third party, class action,   TIMBAR PACKAGING & DISPLAY
versus state court play a role in how the          etc., affect the approach to mediation and             Hanover, Pennsylvania
punitive damages claims will be handled?           who should attend the mediation? Panelists
What steps should defense counsel take to          will discuss how to verify that the mediator           Krista L. Reynolds
minimize the potential for punitive claims both    and the other side are being candid during             Human Resources Director
with the court and with a jury? What issues        mediation, what should be done if they’re not,         MORGAN PROPERTIES
arise in the context of insurance when punitive    and other related considerations in approaching        King of Prussia, Pennsylvania
damages are pled? This session will address        mediation of EPLI claims.
the many important questions that arise when                                                              Nate Douty
punitive damages are asserted and suggest                                                                 Vice President of Human Resources
how to best answer those questions from the                                                               HERSHEY ENTERTAINMENT & RESORTS
defense perspective.                                                                                      Hershey, Pennsylvania
2:15 p.m.-2:30 p.m.                                  Leah Cooper                                         R. Clinton Saxton
BREAK                                                Managing Attorney                                   Managing Director Litigation
                                                     RIO TINTO                                           FEDEX
2:30 p.m.-3:30 p.m.                                  London, England                                     Memphis, Tennessee
GROUP 2
                                                     Timothy L. Williams                                 Kimberly S. Moore
A. ERISA LITIGATION: WHERE ARE WE AND                Assistant General Counsel                           Panelist
WHERE ARE WE GOING?                                  WINN-DIXIE STORES, INC.                             STRASBURGER & PRICE
From expanded discovery following Glenn to           Jacksonville, Florida                               Dallas, Texas
the potential for jury trials, learn about recent
shifts and trends in ERISA litigation. Will health   Greg Williamson                                     B. PRE-LITIGATION INVESTIGATION BY
care reform impact ERISA litigation? Can             Senior Vice President - Human Resources             INSURERS – OPPORTUNITIES AND PITFALLS
states regulate away discretionary clauses?          LENDER PROCESSING SERVICES INC.                     Pre-litigation investigation by insurers gives
These, and other hot topics, will be addressed       Jacksonville, Florida                               insurers and their policyholders a unique
by a panel of in-house experts.                                                                          opportunity to investigate the facts of an
                                                     Christopher A. Page                                 underlying incident, analyze the potential risks
Bradley J. Betlach                                   Panelist                                            and exposure, and make appropriate decisions
Moderator                                            YOUNG, MOORE AND HENDERSON, P.A.                    as to whether to settle a claim or proceed to
HALLELAND LEWIS NILAN & JOHNSON, P.A.                Raleigh, North Carolina                             litigation. However, if litigation ensues, pre
Minneapolis, Minnesota                                                                                   litigation investigation may be the subject of
                                                     3:30 p.m.-3:45 p.m.                                 extensive discovery by plaintiffs and could
Stephen Warch                                        BREAK                                               potentially cause significant problems and
Deputy General Counsel                                                                                   aggravate the exposure of the policyholder
UNITEDHEALTHCARE                                     3:45 p.m.-4:45 p.m.                                 and/or the insurer. This presentation will
Edina, Minnesota                                     GROUP 3                                             outline available pre-litigation techniques and
                                                                                                         discuss potential errors which could lead to the
Jim Kochinski                                        A. REDUCING RISK IN WAGE AND HOUR                   discovery of prejudicial evidence in subsequent
Counsel                                              LITIGATION: HOW TO RIDE THE TIDE                    litigation.
ING EMPLOYEE BENEFITS                                Employers today are confronted with a host of
(RELIASTAR LIFE INSURANCE CO.)                       complex compensation issues. This panel will        James Johansen
Minneapolis, Minnesota                               offer an overview of recent federal and state law   Moderator
                                                     developments relating to wage-hour laws and         BUTT THORNTON & BAEHR PC
Andrew C. Stabnick                                   regulations, including: the proper classification   Albuquerque, New Mexico
Assistant Vice President & Senior Counsel            of employees, retention of independent
THE HARTFORD FINANCIAL                               contractors, temporary workers or leased            Anthony “Tony” Mills
SERVICES GROUP, INC.                                 employees, proper deductions from wages,            Senior Coverage Counsel
Simsbury, Connecticut                                commission pay plans, payment of bonuses,           ZURICH INSURANCE COMPANY
                                                     treatment of volunteers, recording meal and         Schaumburg, Illinois
B. ALTERNATIVE LEGAL FEES: THEORY                    rest breaks, and calculating hours worked,
MEETS REALITY                                        including out-of-office use of “smartphones”        John McCarthy
In an age of tight (or contracting) legal budgets,   or other electronic devices. The panelists will     Director of Commercial Casualty Claims
outside counsel and their in-house colleagues        offer some practical insight for addressing         FARMERS INSURANCE EXCHANGE
are exploring ways to contain and predict            these issues and will provide an update and         Westlake Village, California
fees while maintaining vigorous representation       share their experiences in managing the ever
and favorable results. In past years, while          increasing number of wage and hour class and        Elizabeth P. Johnson
alternative fee agreements were the topic of         collective actions.                                 Panelist
great debate, relatively few strayed from the                                                            FOWLER WHITE BURNETT P.A.
comfortable billable hour. However, in today’s       James M. Peterson                                   Miami, Florida
environment, woe to the GC or outside firm           Moderator
that does not at least consider an alternative       HIGGS, FLETCHER & MACK, L.L.P.                      4:45 p.m.
billing protocol. Hear from panelists who have       San Diego, California                               ADJOURNMENT
either provided or purchased legal services, in a
manner other than the 6-minute interval.             Tamara F. de Wild                                   5:00 p.m.-9:00 p.m.
                                                     Legal Counsel – Risk Management Department          DINNER CRUISE ABOARD A PRIVATE YACHT
Bradley R. Johnson                                   O’REILLY AUTO PARTS                                 What better way to enjoy the sights and sounds
Moderator                                            Springfield, Missouri                               of New York than aboard a private yacht sailing
TAYLOR, DAY, CURRIE, BOYD & JOHNSON                                                                      along the East and Hudson Rivers? We hope
Jacksonville, Florida                                                                                    you will join us for this luxury boat ride complete
                                                                                                         with cocktails, hors d’oeuvres and dinner.
Cocktails will be served dockside from              discuss the issues involved in reaching an         David T. Vanalek
5:00 p.m. – 6:00 p.m. as guests arrive and          effective resolution, including timing, the        Manager, Claims - Professional Liability
then it’s “anchors away” as the boat sets sail at   balance of defense costs with settlement costs,    MARKEL
6:00 p.m. and cruises until 9:00 p.m.               the importance of a strategic plan and effective   Deerfield, Illinois
                                                    budget, the impact of settlement on the
                                                    employer, and (as always) obtaining the best       Cheryl Katz
Friday, June 18, 2010                               resolution possible. The panel will also discuss   Assistant Vice President
                                                    the effective use of third parties to effectuate   CHARTIS
7:45 a.m.-8:45 a.m.                                 settlement, including magistrates, facilitators    New York, New York
WOMEN’S INITIATIVE BREAKFAST                        and mediators.
The Ritz-Carlton Ballroom                                                                              Joel R. Hlavaty
                                                    Theresa Smith Lloyd                                Panelist
GETTING HIRED: DOES GENDER MATTER?                  Moderator                                          FRANTZ WARD LLP
Marketing? Networking? Gender? Does it              PLUNKETT COONEY                                    Cleveland, Ohio
really matter? This interactive panel of women      Detroit, Michigan
general counsel, risk managers                                                                         11:15 a.m.-12:15 p.m.
and experienced ALFA International                  Barry Pulver                                       EPLI COVERAGE TRENDS IN THE
attorneys will discuss the factors considered       Claims Consultant                                  “REAL WORLD”
when retaining outside counsel. The panel will      HARTFORD FINANCIAL PRODUCTS,                       How to defend claims by employees that their
identify marketing strategies that are successful   A UNIT OF THE HARTFORD FINANCIAL                   legal rights were violated is a challenge every
as well as ones you should avoid. Additionally,     SERVICES GROUP                                     employer faces. Is Employment Practices
the panel will talk about ways to make the most     New York, New York                                 Liability Insurance still part of the answer? Find
of the existing network you have developed and                                                         out what kinds of employers purchase this type
how to use internal networks to enhance your        Pamela Schwager                                    of coverage and what value the typical coverage
value in your own organization.                     Assistant Vice President                           provides for small, medium, and large employers
                                                    CHARTIS                                            as this distinguished panel explores the current
Angela Logan Edwards                                New York, New York                                 state of the marketplace and policy issues
Moderator                                                                                              frequently arising with respect to EPLI coverage.
DINSMORE & SHOHL LLP                                Andrew Monaghan
Louisville, Kentucky                                Associate Claims Examiner                          Gary A. Bague
                                                    UNITED STATES LIABILITY                            Moderator
Colleen Lewis                                       INSURANCE GROUP                                    HAIGHT BROWN & BONESTEEL LLP
Moderator                                           Wayne, Pennsylvania                                Los Angeles, California
DINSMORE & SHOHL LLP
Cincinnati, Ohio                                    10:00 a.m.-10:15 a.m.                              Robert L. Herchert
                                                    BREAK                                              Senior Vice President
Sue Cotter                                                                                             WILLIS
Counsel                                             10:15 a.m.-11:15 p.m.                              Irvine, California
AETNA                                               STRATEGIES FOR AVOIDING CLAIMS
Hartford, Connecticut                               AGAINST OFFICERS AND DIRECTORS AND                 Jane M. Stahl
                                                    RELATED COVERAGE ISSUES                            Litigation and Employment Attorney
Anne Tooley                                         Deteriorating economic conditions not only         SHAW INDUSTRIES GROUP, INC
Director of Risk Management                         can prompt a bankruptcy filing surge, but also     Dalton, Georgia
PARSEC, INC.                                        could result in a flood of ensuing lawsuits and
Cincinnati, Ohio                                    claims as creditors and shareholders seek to       James Grant
                                                    recoup their losses. These claims could present    Senior Producing Broker
8:00 a.m.-9:00 a.m.                                 a host of challenging D&O coverage issues.         GROSVENOR BROKERS
GENERAL BREAKFAST                                   Executive performance can result in litigation     London, England
Rise                                                and trigger coverage in numerous ways. This
                                                    panel will discuss strategies for avoiding D&O     12:15 p.m.
9:00 a.m.-12:15 p.m.                                claims, methods that can be instituted for risk    ADJOURNMENT
GENERAL SESSION                                     avoidance, and issues to be considered when
The Ritz-Carlton Ballroom                           analyzing related coverage issues.                 12:15 p.m.-1:15 p.m.
                                                                                                       LUNCH
9:00 a.m.-10:00 a.m.                                Steven H. Schwartz                                 The Ritz-Carlton Ballroom
EPLI CLAIMS SETTLEMENT:                             Moderator
ACHIEVING A SUCCESSFUL RESOLUTION                   BROWN & JAMES, P.C.
Numerous factors contribute to the effective        St. Louis, Missouri
settlement of EPLI claims. This panel will
Faculty Bios                                          departments throughout the system. Brad                SUE COTTER has been employed by Aetna for
                                                      currently represents insurance companies across        25 years, and has worked in Aetna’s Law &
                                                      the country in claims-related and other litigation,    Regulatory Affairs Department since 1998.
GARY A. BAGUE is a partner in the ALFA                including lawsuits brought pursuant to ERISA           As in-house counsel for Aetna, Sue manages
International firm of Haight, Brown & Bonesteel       and those alleging common law breach of contract       litigation filed against the Company related to
LLP in Los Angeles, joining the firm after            and bad faith. He is a graduate of the University of   group disability, life and health products.
graduating from U.C. Hastings College of Law in       Minnesota Law School (cum laude) and clerked for       In addition to her litigation management
1980. He has served as chair of the firm’s Risk       now U.S. District Court Judge Ann D. Montgomery        responsibilities, Sue is also involved in risk
Management and Insurance Law Department.              and the Minnesota Court of Appeals. Brad serves        management assessment and counseling with her
Currently, Mr. Bague devotes a large part of his      on ALFA International’s Insurance Law Practice         business clients. Sue has been involved in pro
practice to advising and representing insurance       Group Steering Committee, and is a member              bono efforts with Lawyers For Children America,
carriers, brokers, agents and insureds with regard    of DRI and the Minnesota Defense Lawyers               The Truancy Prevention Program sponsored by
to coverage and liability issues. Mr. Bague has       Association. He is admitted to practice in the state   the Connecticut Bar Association, and The Lawyers
served as a panelist for California’s Continuing      and federal courts of Minnesota and Wisconsin,         for Warriors Program, assisting disabled veterans
Education of the Bar (CEB) on insurance coverage      as well as the United States Supreme Court, the        in obtaining disability benefits. Sue graduated
topics, is a contributing author for the book,        Fourth and Eighth Circuit Court of Appeals and the     from Western New England College School of
Causes of Action, Insurance Chapter, by James         United District Court of Colorado.                     Law (Springfield, MA), having attend law school
Publishing, and has served as co-editor of ALFA                                                              part-time in the evenings while continuing to work
International’s Insurance Law Compendium. He is       ADAIR BLEDSOE, JR. is Assistant General                full-time at Aetna.
a member of the ABA and DRI.                          Counsel for Computer Sciences Corporation.
                                                      He has been with CSC since 1995. Mr. Bledsoe           JESSICA A. DESANY is a director with the Albany,
MORRIS BARTO holds the title of Vice President        manages the CSC Legal Department’s Labor &             New York ALFA International firm of Carter,
and serves as Manager of General Reinsurance          Employment Law Group, which handles related            Conboy, Case, Blackmore, Maloney & Laird, P.C.
Corporations D&O, EPLI and Professional Liability     legal issues for CSC’s domestic business units         Ms. Desany is a trial attorney who practices in the
claims. He was largely involved in the design         employing approximately 47,000 individuals.            areas of civil litigation, including actions defending
and development of GCR’s EPLI products,               Prior to joining CSC, he practiced labor and           claims of professional liability through D&O and
which are used by many insurers. Mr. Barto has        employment law with Smith, Currie & Hancock            E&O claims, as well as legal malpractice and other
authored numerous articles and is a frequent          in Atlanta, Georgia. Mr. Bledsoe received a B.A.       professional liability claims. Ms. Desany’s practice
speaker on the topic of Employment Practices          in History and English (minor) from the University     includes an emphasis on insurance coverage
Insurance coverage. Before joining General Re,        of Virginia. He earned his law degree from the         analysis and litigation on behalf of insurers.
Morris practiced law in an insurance defense          University of South Carolina.                          Ms. Desany is a graduate of the University of Notre
firm in Texas. He is licensed to practice in Texas,                                                          Dame and the State University of New York at
Connecticut, and Georgia.                             MARION R. (MICKEY) CLARK is a Senior                   Buffalo School of Law.
                                                      Litigation Attorney for RadioShack Corporation,
DEANNA M. BEACHAM is an Assistant Vice                having served in that position since 1990. He is       TAMARA F. DE WILD is Legal Counsel for O’Reilly
President and manages employment practices            responsible for the management of employment-          Automotive, Inc. d/b/a O’Reilly Auto Parts and
liability claims for Chubb’s Mid-Atlantic Zone. She   related, SEC, and ERISA claims and litigation          its subsidiaries. O’Reilly Auto Parts (ORLY) is a
manages complex, high exposure, class and mass        throughout the United States as well as all claims     retailer of aftermarket automotive parts, tools,
action employment claims, government initiated        and litigation matters throughout the Caribbean.       supplies, equipment, and accessories based in
actions, and single plaintiff claims brought by       In addition, he provides employment-related and        Springfield, Missouri. At O’Reilly, Ms. de Wild
highly-compensated executives. Prior to joining       ADA Title III advice to management and staff           counsels Human Resources and management
Chubb in 1999, Deanna was in private practice         members. Mr. Clark received his B.S. in Business       on labor and employment related issues including
in New Jersey where her practice focused on the       Administration from the University of Texas at         ADA, FMLA, wage and hour issues, severance
defense of management in employment-related           Dallas and his J.D. from Southern Methodist            matters, non-compete and non-solicitation
matters. She began her legal career as a law          University. In 2004 Clark co-authored an article       agreements, and other employment related
clerk for the Honorable Garrett E. Brown, Jr.,        in the National Law Journal entitled “New ADA          matters; reviews and responds to complaints
United States District Judge, for the District of     Guidelines Will Affect Many Employers”.                and charges filed with the EEOC and state
New Jersey. Deanna graduated cum laude from                                                                  agencies; manages and coordinates the defense
Seton Hall Law School, where she served as an         LEAH COOPER is the Managing Attorney (similar          of discrimination, harassment, and retaliation
Articles Editor on the Seton Hall Law Review. She     to the General Counsel in the U.S.) for Rio Tinto in   claims and other employment related litigation
has been a member of the Bar of the State of New      London, England. Rio Tinto is one of the world’s       with outside counsel; and works with Human
Jersey since 1990.                                    leaders in finding, mining and processing mineral      Resources in developing, implementing, and
                                                      resources. Leah leads over 100 Rio Tinto in-house      updating employment policies, procedures, and
BRAD BETLACH is a shareholder of the ALFA             lawyers around the world. She is responsible           practices. Ms. de Wild was in private practice for
International member firm Halleland Lewis Nilan &     for an annual legal budget of approximately            13 years prior to joining O’Reilly, most recently
Johnson in Minneapolis. Prior to joining Halleland    $100,000,000. Leah has recently received               at Lathrop & Gage in Springfield, Missouri. Ms.
in 2000, he was Associate General Counsel for         international praise for saving over $10,000,000       de Wild received her undergraduate degree from
Allina Health System, where he primarily defended     by outsourcing legal services. Leah attended the       Drury University and her J.D. from Wake Forest
professional liability matters and provided advice    University of Georgia School of Law.                   University School of Law.
and counsel to the Human Resources
NATE DOUTY is a 30 year veteran in the Human            JILL F. ENDICOTT is a partner in the Louisville,          ALFA International Labor & Employment Practice
Resources Profession and is Vice President of           Kentucky ALFA International law firm of Dinsmore          Group and is a past Chair of ALFA International’s
Human Resources for Hershey Entertainment               & Shohl, where her practice focuses on business           Insurance Practice Group. He served as a member
& Resorts (HE&R) and a member of the HE&R               and complex commercial litigation. Ms. Endicott           of the ALFA International Board of Directors from
executive committee. In his position Nate leads a       represented the Kentucky Executive Director               2006-2008. Mr. Fagan received his undergraduate
team of 35 HR professionals. Founded in 1927            of Insurance in his capacity as Liquidator of             degree from Washington & Lee University (cum
by chocolate magnate, Milton S. Hershey, HE&R           Kentucky Central Life Insurance Company in the            laude) and his law degree from LSU Law School.
operates hotels, theme parks, golf courses, a           largest lawsuit of that statutory insolvency. She
“Chocolate Spa” and other travel destination            has served as a Special Justice of the Kentucky           GLENN F. FENCL is a shareholder of the Chicago,
businesses in and around Hershey PA, “The               Supreme Court and is a frequent speaker at                Illinois ALFA International firm of Johnson & Bell, is
Sweetest Place on Earth”. HE&R employs a very           continuing legal education programs. Ms.                  head of their Insurance Coverage Group and is the
diverse workforce of 8,500 at peak operating            Endicott received a B.A. from the University of           ALFA International Program Co-Chair for the 2010
periods including collectively bargained employees.     Pennsylvania and a J.D. with Honors from George           EPLI Seminar, representing the Insurance Practice
HE&R strives to be an employer of choice and HR is      Washington University Law School. She is Chair            Group. His cases involving coverage include
leader in driving a culture of change and adoption      of ALFA International’s Insurance Law Practice            DJA, duty to defend, bad faith etc under both
of technology. Nate is active in local workforce        Group, served as Program Chair for Day One of             first party policies and commercial general liability
development, educational and healthcare boards.         the 2005 Insurance Practice Group Roundtable              policies. He has handled numerous coverage trials
                                                        Seminar in New York City, and served as Program           in Federal and state jurisdictions. Mr. Fencl also
ANGELA LOGAN EDWARDS is a partner in the                Coordinator for the 2006 Insurance Practice Group         handles construction and insurance litigation for
Louisville, Kentucky ALFA International law firm of     Seminar in Chicago on Catastrophic Losses.                general contractors including Washington Group
Dinsmore & Shohl. She practices in the areas of                                                                   International and has more than 25 jury verdicts.
ERISA and other benefits litigation and commercial      CAROL B. ERVIN is a partner in the Charleston,            He is a member of the International Association
litigation. She counsels clients with business          South Carolina ALFA International law firm of             of Defense Counsel (IADC). Mr. Fencl received his
disputes and represents employee benefit plans,         Young, Clement, Rivers LLP. She received her              undergraduate degree from University of Illinois and
insurers, claims administrators and employers           B.A. summa cum laude from the University of the           his law degree from IIT Chicago-Kent with Honors.
with benefits issues, including claims for wrongful     South in Sewanee, Tennessee and was named to
denials of benefits and fiduciary breaches. She         Phi Beta Kappa. Ms Ervin received her J.D. from           JAMES GRANT has been broking specialist for
has represented clients in federal district courts in   Duke University School of Law. Ms. Ervin serves           North American professional liability insurance in
Kentucky, Ohio and Michigan and in the Fifth and        as Chair of her firm’s Employment Law Practice            the Lloyd’s and London market since 1994. His
Sixth Circuits. After completing her undergraduate      Group. She is an experienced trial attorney and           focus includes placement of U.S. law firms into the
degree in finance at Transylvania University and her    focuses her practice on the representation of             marketplace, EPLI coverage and other insurance.
law degree at the University of Kentucky, Angela        businesses in employment law and litigation.              He is a senior producing broker at Grosvenor
began her legal career in September of 1994 as a        Ms. Ervin is a Fellow in the American College             Brokers, one of the largest independent London
law clerk for the Honorable Jennifer B. Coffman,        of Trial Lawyers and an Associate Member of               market brokers for American professional liability
United States District Court Judge for the Eastern      the American Board of Trial Advocates. She is             insurance, with representation of over 440 US
and Western Districts of Kentucky. She is a             certified by the South Carolina Supreme Court             law firms, two of which are in the top 10 of AM
member of ALFA International’s Insurance Law            as a specialist in labor and employment law. Ms.          listed law firms. James Grant travels extensively
Practice Group Steering Committee and served            Ervin is a past member of ALFA International’s            to the U.S. and has been instrumental in the
as Moderator of the ERISA panel at the 2007             Board of Directors and is a past Chair of ALFA            development of key market products, and has
Insurance Practice Group Seminar. She is also a         International’s Labor and Employment Law                  spoken at previous international ALFA International
member of ALFA International’s Women’s Initiative       Practice Group. Ms. Ervin possesses an AV-                conferences on the state of the insurance industry.
Practice Group and serves as the liaison between        Rating from Martindale-Hubbell, the highest
the Women’s Initiative Practice Group and the           available rating for professional abilities and ethics,   MICHAEL W. HAWKINS is a partner in the
Insurance Law Practice Group.                           and is listed with the “Best Lawyers in America”          Cincinnati, Ohio ALFA International member firm
                                                        and South Carolina’s “Super Lawyers” in Labor             of Dinsmore & Shohl LLP and currently serves as
DAVID M. EISENBERG is a partner in the Kansas           and Employment Law.                                       Chair Emeritus of ALFA International. His practice
City, Missouri ALFA International law firm of Baker                                                               consists exclusively of representing U.S. and
Sterchi Cowden & Rice, LLC. He represents               GEORGE D. FAGAN is a founding partner of Leake            Global employers in all phases of employment
employers in all aspects of employment law and          & Andersson, LLP, the ALFA International firm             law, litigation and labor relations matters. He
labor relations matters. He maintains an active         in New Orleans, Louisiana, and is the lead                also serves as an Arbitrator and Mediator on
litigation practice in federal and state courts         partner for business, employment and insurance            The American Arbitration Association Labor and
(primarily in Kansas and Missouri), and before          coverage litigation and other matters. Mr. Fagan          Employment Panel and for The National Arbitration
the EEOC, NLRB, and state administrative                has substantial employment litigation experience          Forum as well as a Mediator with the International
agencies. Mr. Eisenberg has been selected to            and also handles coverage and extra contractual           Mediation Institute. Mr. Hawkins has been listed
Missouri/Kansas Super Lawyers each year since           litigation for D&O, EPL, E&O, fidelity, health and        since 1992 in The Best Lawyers in America in
the program’s inception. He is a member of the          life, and property insurers, as well as commercial        labor and employment law. He is a Fellow with
ABA Appellate Practice Editorial Board, and the         and securities litigation. He has been included in        the College of Labor & Employment Lawyers and
ABA Subcommittee on Appellate Rules. He is a            the Best Lawyers in America listing since 2000,           Litigation Counsel of America. He is a graduate
graduate of Brooklyn College, holds a master’s          has an “AV” Martindale rating, and is a member            of the University of Kentucky and the University
degree in Economics from Brown University, and          of the Federation of Defense and Corporate                of Kentucky School of Law, where he was Lead
law degree from Georgetown University.                  Counsel. Mr. Fagan is the Chair Emeritus of the           Articles Editor of the Law Review and graduated
Order of the Coif. He argued NLRB v Kentucky           and human resources management, and he                    the Eleventh Circuit, from 1984 to 1985. Prior to
River and CBOCS v Humphries before the US              regularly defends them in federal and state courts        moving to Florida in 1990, Ms. Johnson worked
Supreme Court.                                         of all jurisdictions on claims arising under the          at Simpson Thacher & Bartlett in New York
                                                       various federal and state labor and employment            City. She is a member of the Florida and New
SCHAUN D. HENRY is partner of the Harrisburg,          laws. Joel additionally represents employers with         York bars, and she is Board certified in Labor
Pennsylvania ALFA International law firm of            respect to complaints and charges filed with the          and Employment law. Ms. Johnson represents
McNees, Wallace & Nurick LLC., where he                EEOC and OCRC, NLRB and SERB, and with                    management clients exclusively.
provides representation and counseling to              OSHA and the DOL, as well as with health care
employers on a wide range of federal, state, and       and ERISA issues and complaints, and collective           MARIE MILIE JONES is an equity member and
local labor and employment matters. Mr. Henry          bargaining issues and strike disputes. Joel is also       former managing partner of the ALFA International
provides guidance for employers on unfair labor        a frequent presenter at seminars and management           Pittsburgh, Pennsylvania law firm, Meyer, Darragh,
practices and other labor relations issues, as well    training programs on a wide variety of topics.            Buckler, Bebenek & Eck, P.L.L.C. Ms. Jones’
as providing representation for employers at labor                                                               practice focuses on the areas of employment
arbitrations and negotiations. He has lectured         DEAN A. HOISTAD is a partner in Axilon Law Group,         and civil rights law in both the private and public
extensively on many of these topics and has            PLLC, the ALFA International member firm in               sectors. She is an experienced trial attorney
conducted training sessions for human resources        Missoula, Montana, which specializes in insurance         handling administrative agency proceedings and
professionals as well. Before undertaking the          and employment law practice. Dean has an LL.M.            litigation in federal and state courts. She has
practice of law, Mr. Henry served in the Armed         degree in Insurance Law and nearly 35 years of            served as President of the Pennsylvania Defense
Forces, concluding his service as a major in           insurance litigation experience. He has completed         Institute, is a member of the Federation of Defense
the United States Army Special Forces. He is           advanced ADR training and been approved for               & Corporate Counsel, and is involved in many
a graduate of West Chester University and the          appointment to court rosters of neutral ADR               bar and community organizations. Ms. Jones is
Dickinson School of Law.                               providers. He has served as mediator and arbitrator       a graduate of Duquesne University’s College of
                                                       in hundreds of insurance litigation disputes.             Liberal Arts and Sciences and its School of Law
ROB HERCHERT received his Masters of Business                                                                    and currently serves as Chairman of the Board
Administration degree from the University of           JAMES H. JOHANSEN is a shareholder, director,             of the University’s Board of Directors. She is a
Wolverhampton in England. After his post               and Past President for the ALFA International             frequent lecturer to client and industry groups.
graduate studies he began working with a Lloyd’s       law firm of Butt, Thornton & Baehr, PC, where             Ms. Jones has been selected annually as a
broker in London. His main responsibilities            he represents defendants in tort litigation and           Pennsylvania Super Lawyer since 2004.
included the placement of professional liability       insurance coverage and bad faith litigation. Mr.
and employment practices liability coverage for        Johansen received his B.B.A. degree, with high            CHERYL KATz is Assistant Vice President in the
law firms in the Lloyd’s of London and European        honors, from New Mexico State University and his          Financial Lines - Directors and Officers division
company marketplace. Rob joined Hilb Rogal &           J.D. from the University of New Mexico. He is a           of Chartis in New York City. Ms. Katz manages
Hobbs (HRH), now Willis, in its Orange County          former New Mexico State Representative to the             a home office based team of Complex claim
office in 2002 to serve the company’s existing         Defense Research Institute and a past President           directors in the investigation, evaluation and
law firm clients and to assist in the development      of the New Mexico Defense Lawyers Association.            resolution of directors & officers claims for financial
of new business opportunities. By utilizing his        He has been a member of the Board of Directors            institution insureds. Previous positions at Chartis
considerable knowledge of the London/European          of NMDLA for the past 15 years. He frequently             include managing analysts handling D&O and
marketplace and his contacts with specialist           lectures on insurance coverage issues.                    employment claims. Prior to joining the company,
underwriters in the United States/Bermuda, Rob                                                                   she held management positions with Goldman
is able to offer clients an in depth knowledge         BRAD JOHNSON is a shareholder in ALFA                     Sachs and the City of New York. She has been on
of the international law firm professional liability   International’s Jacksonville, Florida affiliate, Taylor   the Board of Directors of the Bronx Women’s Bar
and employment practices liability marketplace.        Day Currie Boyd & Johnson, where he practices             Association and the Hunter College High School
Since returning to the United States, Rob has          commercial litigation and employment law. Brad            Alumni Association, as well as an arbitrator in
earned the Accredited Adviser of Insurance (AAI)       is a member of the Executive Committee of                 Small Claims Court in Manhattan. Ms. Katz is an
designation and the Registered Professional            the Florida Bar’s Trial Lawyer’s Section, ABOTA           attorney and holds a B.A. from SUNY Purchase,
Liability Underwriter (RPLU) designation and he        and the Chester Bedell Inns of Court; he is a             J.D. from Case Western Reserve University and an
has become actively involved in the Professional       Board-Certified Civil Trail Lawyer as designated by       MBA from Columbia University.
Liability Underwriting Society (PLUS).                 the Florida Bar. A graduate of Duke University and
                                                       the University of Florida College of Law, Brad is         JIM KOCHINSKI has worked for a variety of
JOEL R. HLAVATY is one of the founding partners        extremely interested in alternative billing protocols.    insurance companies over the past 20 years. He
of Frantz Ward LLP, the ALFA International                                                                       is currently located in Minneapolis, Minnesota as
member firm in Cleveland, Ohio. Joel graduated         ELIzABETH PRYOR JOHNSON is a shareholder                  Counsel for ING Employee Benefits (ReliaStar Life
from John Carroll University with honors and he        in the ALFA International law firm of Fowler White        Insurance Company) and is responsible for legal
received his law degree with honors from the           Burnett, where she is the head of the firm’s labor        oversight of all aspects of the business relating to
University of Akron. Joel focuses his practice on      and employment group. She received her B.A.               group life, group short-term/long-term disability,
the representation of management in all phases         degree, magna cum laude, from Duke University,            stop loss, and a variety of individual voluntary
of labor relations and employment litigation. He       her M.A. degree in English from the University of         products. Immediately prior to ING, Jim was
routinely advises employers on all aspects of          Virginia, and her J.D. degree, with distinction, from     Vice President and Chief Counsel for Conseco’s
their relationships with employees, as well as with    Emory University. Ms. Johnson was a law clerk to          supplemental health business in Carmel, IN.
respect to matters concerning litigation prevention    the Hon. Peter T. Fay, U.S. Court of Appeals for          Jim has spoken in the past on claims issues
regarding ERISA and Long Term Care insurance.          litigation and labor issues in 13 states and            York. He is responsible for Corporate D&O, Middle
Jonathan H. Kurens, a Senior Vice President with       several federal courts across the mid-west. The         Market D&O, Employment Practices Liability,
Aon Risk Services, is the Employment Practices         Cincinnati, Ohio Chamber of Commerce selected           Fiduciary Liability, and Captive Agent products.
Liability (“EPL”)/Management Liability Product         Ms. Lewis to its annual list of WE Lead 100 Wise
Manager for Aon Global Professions. Prior to           Women and she serves as a mentor for the Ohio           JOHN MCCARTHY is a Director of Commercial
joining Aon, Mr. Kurens was an Assistant Vice          Supreme Court New Lawyer Program. Ms. Lewis             Casualty Claims with Farmers Insurance
President and the Senior EPLI Claims Examiner at       received her B.S. and her J.D. from Northern            Exchange. John has direct oversight of Farmers
Chubb in New York where he was responsible for         Kentucky University.                                    Commercial Liability Strategy. In this role
investigating and analyzing employment related                                                                 John is responsible for the development and
claims and issues. Prior to joining Chubb in 1997,     THERESA SMITH LLOYD is a partner in the                 implementation of a clear claims strategy with
Mr. Kurens practiced employment law at Epstein         Michigan ALFA International law firm of Plunkett        a focus on litigation management. In addition
Becker & Green, P.C., in New York, and Arent Fox       Cooney, where she chairs the firm’s Labor               John provides technical oversight to the field
Kintner Plotkin & Kahn in D.C. Mr. Kurens holds        & Employment Law Department. Ms. Lloyd                  with regard to Commercial Auto, Casualty and
a J.D. from the State University of New York at        represents employers in state and federal court         Specialty Claims including Intellectual Property,
Buffalo School of Law and A.B. from Princeton          and in administrative proceedings in the defense        Environmental and Asbestos claims units. John
University. Mr. Kurens is also a frequent speaker      of employment discrimination lawsuits, wage             has a Bachelors degree in Finance from California
on employment law and management liability             and hour claims, and other employment matters.          State University and a Masters in Insurance
issues for professional services firms. He has also    Additionally, Ms. Lloyd assists in developing and       Management from Boston University. John also
published several articles in the New York Law         implementing labor relation strategies, drafts          holds the CPCU and AIC designations.
Journal, Legal Times, New Jersey Law Journal,          employee contracts, non-compete agreements,
Law Firm Inc. and the PLUS Journal on EPLI and         and employee manuals. Her practice also includes        ANTHONY “TONY” MILLS is a Senior Coverage
Management Liability for law firms. Mr. Kurens was     providing training on best practices for hiring,        Counsel for Zurich NAC in Schaumburg, IL. He
a contributing author to The Practitioner’s Guide to   discipline, termination, and sexual harassment.         oversees the coverage and bad faith litigation
Defense of EPL Claims published by the American        She lectures extensively on labor and                   in commercial general liability, automobile and
Bar Association.                                       employment matters.                                     workers’ compensation suits assigned to the
                                                                                                               Dallas Texas and California Claims Offices. He
SARAH H. LAMAR is a partner in the Savannah,           BATES LOVETT is a litigation partner with the           is licensed in California and holds a Limited
Georgia ALFA International law firm of Hunter,         Savannah, Georgia ALFA International firm               License in Illinois. He is admitted in the United
Maclean, Exley & Dunn, P.C., and she currently         Hunter, Maclean, Exley & Dunn, P.C. His trial           States District Court for Minnesota, North Dakota,
serves as Chair of ALFA International. Ms. Lamar       practice centers around the defense of both             Northern and Central Districts of California and the
has experience representing employers in state         national and regional corporations in various fields.   United States Court of Appeals for the 8th and 9th
and federal courts with respect to claims under        He has tried more than 75 cases to verdict. Mr.         Circuits. His prior work includes the management
Title VII, the Age Discrimination in Employment        Lovett received both his undergraduate degree,          of run-off claims arising in environmental, toxic tort,
Act, Americans with Disabilities Act, Family and       cum laude, and J.D., cum laude, from the                general liability, construction defect, professional
Medical Leave Act, and the Fair Labor Standards        University of Georgia.                                  liability and excess claims. He is a member of the
Act. She also represents employers with respect                                                                Association of Corporate Counsel and numerous
to breach of contract and tort claims, and             THOMAS J. LYONS is a member of the Denver,              other professional organizations.
conducts in-house training for employers and           Colorado ALFA International firm Hall & Evans,
advises clients on a variety of human resource         L.L.C. His trial practice emphasizes the defense        ANDREW MONAGHAN is a Professional Liability
issues. Ms. Lamar is admitted to the bars of           of employment, discrimination and federal civil         Claims Adjuster with United States Liability
Georgia and the District of Columbia and all federal   rights matters, as well as employment contract          Insurance Group in Wayne, Pennsylvania.
courts in Georgia. Ms. Lamar received her B.A.         and related disputes, along with other claims           Andrew’s primary focus has been on employment
in History from Yale University and her J.D. from      involving Colorado businesses and public entities.      liability claims filed against non-profit and for-profit
Emory University.                                      His background includes multiple jury trials in         policy holders. In addition to handling employment
                                                       both state and federal courts, including trials         claims, Andrew handles errors and omissions
COLLEEN LEWIS is a partner in the Cincinnati,          of Title VII, ADEA, Rehabilitation Act and other        claims for Real Estate Agencies, Insurance
Ohio and Lexington, Kentucky ALFA International        federal and state employment claims. Mr. Lyons          Agencies, and Specified Professions.
Law firm of Dinsmore & Shohl, and she currently        also participates in administrative proceedings,
serves on the Steering Committee for the ALFA          including proceedings before the EEOC and the           KIMBERLY S. MOORE is a partner of the Dallas,
Women’s Initiative and Labor & Employment              Colorado Civil Rights Division, as well as before       Texas ALFA International firm of Strasburger &
Practice Groups. Ms. Lewis represents                  multiple business and professional regulating           Price. She the leader of the Firm’s Employment
employers on a wide array of traditional labor         agencies. Mr. Lyons received his J.D. from              Practice Group and is a board certified labor
and employment issues, including discrimination,       the University of Colorado School of Law and            and employment attorney who represents
Family Medical Leave Act compliance, Americans         graduated, cum laude, from Claremont                    business clients in labor and employment matters
with Disabilities Act compliance, wage and hour        McKenna College.                                        ranging from the defense of discrimination and
and National Labor Relations Act. She has                                                                      harassment claims to the handling of Department
extensive experience drafting Affirmative Action       JAMES MANDARINO is an Assistant Vice                    of Labor investigations, the prosecution and
Plans and representing companies before the            President and Director of Claims for the                defense of non-competition disputes, executive
OFCCP. Ms. Lewis is licensed to practice law in        Management Solutions Group for the Zurich               compensation agreements, and drafting of
Ohio and Kentucky and has handled employment           Specialties Business Unit out of New York, New          policies. Ms. Moore provides knowledgeable
advice on employment agreements, contracts,             JAMES M. PETERSON is a partner of the San                entities throughout the United States, Canada,
stock option plans, non-compete, non-solicitation,      Diego, California ALFA International law firm of         Europe and the UK. Prior to working for HFP,
non-disclosure and claw back agreements and             Higgs, Fletcher & Mack LLP where he chairs               Barry was Senior Labor and Employment Counsel
covenants, and severance agreements. She                the firm’s Business Litigation Department and            for Burns International Security Services and
also counsels clients on employment policies,           the Labor and Employment Practice Group.                 Senior Counsel at SYSCO Food Services of Metro
implementing and updating employee hand books,          He is a past Chair of ALFA International’s Labor         New York, a part of Sysco Corporation. Barry has
and provides employee training. Ms. Moore has           and Employment Practice Group. Mr. Peterson              over 20 years of experience handling employment
successfully tried numerous employment law              counsels clients on all aspects of the employment        and labor law litigation and counseling. He is
cases to verdict in courts throughout Texas.            relationship including wage and hour laws,               a graduate of Vermont Law School and the
                                                        protection of trade secrets and confidential             University of Vermont.
VIRGINIA (GINNY) MORRIS-ARDIN is a                      information, employment agreements, policy
Professional Liability Specialist for Philadelphia      manuals, employee handbooks, termination                 JEFF RANDALL is Vice President, Human
Insurance. She has a J.D. from the New England          decisions, lay-offs, and disability management.          Resources, for Timbar Packaging & Display,
School of Law and is a published author for the         He also represents management in individual and          a private company with approximately 1,000
New England Law Journal, an Honors Moot Court           class action employment related disputes in state        employees in manufacturing facilities up and
Semi-finalist, and a recipient of an American           and federal courts. Mr. Peterson is a graduate           down the East Coast. Prior to his employment
Jurisprudence Award for Massachusetts Civil             of the University of Utah (Finance and Marketing),       with Timbar, Mr. Randall was Regional Human
Practice and Procedure. She attended the                the University of Utah Graduate School of                Resources Manager for International Paper,
University of Massachusetts Graduate program            Business (M.B.A.) and the University of Utah             supervising ten different operations (both union
for Alternative Dispute Resolution. Ms. Morris-         College of Law (J.D.).                                   and non-union) spanning from Texas to California.
Ardin’s insurance experience includes work                                                                       Mr. Randall has experience in quality management
for a self insurer, and commercial carriers for         RONALD G. POLLY, JR. is a partner of the Atlanta,        and operations, having worked for Union Camp
complex coverage and litigation in general liability,   Georgia ALFA International law firm of Hawkins &         Corporation prior to Union Camp’s acquisition
intellectual property and professional liability.       Parnell, LLP where he serves as the chair for the        by International Paper. He served in the United
She worked for major case units for Continental         firm’s Labor and Employment Department. His              States Marine Corp for ten years, attaining the final
Casualty and Zurich North America. She also             practice is exclusively devoted to management            rank of Major. Mr. Randall graduated with a B.S.
has six years of experience in civil litigation         side representation in all phases of labor and           degree from Kansas State University and received
in Massachusetts.                                       employment law. He has extensive experience in           his M.S. degree from the U.S. Naval Postgraduate
                                                        connection with drafting, negotiating and litigating     School in Monterey, California.
DOUG ONLEY is Senior Claims Counsel and head            employment agreements including covenants
of the South team, joining United Educators in          not to compete. He is also a frequent speaker            KRISTA L. REYNOLDS is the Human
July 2002 after five years as an associate in the       on employment related issues and is the Chair            Resources Director for Morgan Properties.
antitrust litigation practice at Howrey Simon Arnold    of ALFA International’s Labor & Employment               Morgan Properties provides residential apartments
& White in Washington, D.C. At Howrey, he was           Group. Mr. Polly received his Bachelor’s degree          to its customers and has operations in ten states
involved in monopolization, price-fixing and FTC/       from the University of Virginia and his J.D. degree      in the United States. The Company operates a
DOJ consent decree violation matters, as well           from the University of Kentucky.                         total of 30,000 apartment homes. Ms. Reynolds
as insurance litigation. Before receiving his law                                                                joined Morgan Properties in 2002. She is a
degree, Mr. Onley worked as a journalist, covering      KATHERINE (KATIE) M.L. PRATT is Special                  graduate of Rider University and a native of
local and national politics for daily newspapers,       Counsel with the Denver, Colorado ALFA                   Plainsboro, New Jersey.
and most notably, the U.S. Supreme Court                International firm Hall & Evans, L.L.C. Her practice
from 1990-1993 as the Legal Affairs reporter            focuses on trial level litigation and civil appeals in   ERIC ROSS has been involved in the management
for Education Daily. Mr. Onley graduated from           the defense of employment discrimination matters,        of professional liability and employment practices
the University of Virginia with a double major in       civil rights law, constitutional law, professional       claims for nearly 15 years and currently serves
economics and anthropology. He received his             liability, and other civil and commercial litigation     as Beazley’s employment practices claims
J.D. from the College of William and Mary, where        for a variety of public and private businesses. Ms.      focus group leader. In this role, Eric oversees
he was an editor for the William and Mary Law           Pratt has appeared in federal and state trial level      and sets strategy for the management of
Review. Following law school, he clerked at the         courts in Colorado as well as before the Tenth           all of the company’s employment practices,
U.S. District Court for the Western District of         Circuit Court of Appeals. Ms. Pratt also defends         private company D&O, fiduciary and crime
Tennessee. He is a member of the Virginia bar.          employers in administrative proceedings, including       claims. Eric regularly works with the company’s
                                                        proceedings before the EEOC and the Colorado             underwriters, product managers and actuaries
CHRIS PAGE is a partner at Young, Moore and             Civil Rights Division. Ms. Pratt received her J.D.       in the maintenance and development of related
Henderson, ALFA International’s Raleigh, North          from Loyola University of Chicago and graduated,         products. Prior to joining Beazley, Eric managed
Carolina member. He practices general litigation        magna cum laude, from Miami University.                  the Executive Liability claim group for the Travelers
with an emphasis on employment litigation,                                                                       Bond organization.
business litigation, product liability, trucking, and   BARRY PULVER is a Claims Consultant for
insurance coverage and litigation. After attending      Hartford Financial Products, a Unit of The Hartford      R. CLINTON SAxTON is Managing Director
Duke University and graduating summa cum                Financial Services Group, Inc. As a Claims               Litigation for FedEx Express, where he has worked
laude, Chris earned his law degree from the Yale        Consultant, Barry selects outside counsel and            for nine years. Prior to joining Fed Ex, he was in
Law School where he served as Senior Editor for         oversees employment and Directors and Offices            private practice in Eastern Arkansas for twenty-
the Yale Law Journal.                                   litigation involving Middle Market and Non-Profit        seven years. Mr. Saxton earned his undergraduate
degree from the University of Alabama and his law       Employment Counselor for Shaw. In addition to          STEPHEN K. WARCH is Deputy General Counsel
degree from the University of Arkansas.                   her labor/employment counseling responsibilities     of UnitedHealthcare, where he oversees and
                                                        on all aspects of employment law, Ms. Stahl            coordinates legal and regulatory support for
PAMELA SCHWAGER is an Assistant Vice                    manages all of the Company’s Employment                UnitedHealthcare’s Health Services area. Prior
President at Chartis in the Directors & Officers,       litigation. Prior to becoming Shaw’s in-house          to joining UnitedHealthcare, Mr. Warch was a
Financial Lines Division. Ms. Schwager supervises       Employment and Litigation attorney in 2001,            shareholder with the ALFA International firm
D&O and employment claims for private, public           Ms. Stahl’s private practice focused in the area       Halleland Lewis Nilan & Johnson, and served as
and not-for-profit companies and is responsible         of Labor/Employment Counseling and Litigation          an Assistant Attorney General with the Minnesota
for the management of all aspects of claim              for 6 years in Chattanooga, Tennessee.                 Attorney General’s Office, where he was lead
development, including coverage, evaluation,            Ms. Stahl received both her law degree and her         litigation counsel for the Minnesota Department
settlement negotiation and trial. Prior to              undergraduate degree from the University               of Commerce, the state insurance regulator. Mr.
joining the company in 1998, Ms. Schwager               of Tennessee.                                          Warch currently serves on the Governing Council
represented both management and employees in                                                                   of the Minnesota State Bar Association Health Law
administrative proceedings and in litigated matters     ANNE TOOLEY is the Director of Risk Management         Section, and has been appointed as an Adjunct
in state and federal courts. Ms. Schwager is a          at Parsec, Inc., Cincinnati, Ohio. Anne has an         Professor with William Mitchell College of Law in
graduate of Union College and received her J.D.         extensive career and background in insurance and       St. Paul, Minnesota.
from Boston University School of Law.                   risk management. Anne manages the insurance
                                                        and risk analysis program, the multi-state workers     TIM WILLIAMS is Assistant General Counsel
STEVEN H. SCHWARTz is a shareholder at the              compensation area and all corporate claims and         for Labor, Employment, Employee Benefits and
ALFA International law firm of Brown & James,           lawsuits for a prime Intermodal Operator for many      Executive Compensation for Winn-Dixie Stores,
P.C. in St. Louis, Missouri. Mr. Schwartz is an         of the major railroads in the U.S. and Canada.         based in Jacksonville, Florida. Winn-Dixie has
active trial lawyer who has handled business            Anne has primary responsibility for selection of       more than 500 grocery stores throughout the
litigation, professional liability, officer/director    legal counsel and develops programs to mitigate        South East United States with approximately
liability and employment cases for over 22 years.       losses and improve safety policies and procedures.     30,000 employees. Prior to joining Winn-Dixie
With extensive business litigation experience,          Anne has served on the Risk and Insurance              in 2003, Tim was a partner with the Atlanta
Mr. Schwartz represents officers, directors             Managers Society, RIMS, Ohio River Valley Chapter      office of Constangy, Brooks & Smith, LLC.
and corporate entities in all types of cases,           Board for ten years and is an Associate Member         A native of Milwaukee, Wisconsin, Tim earned
including shareholder disputes, disputes between        of the ABA. She is an advisor on the Insurance         his undergraduate and law degrees at the
competitors, non-compete agreements, intellectual       Subsection of Labor and Employment, National           University of Michigan, where he was an Associate
property disputes and software disputes. Prior          Workers Compensation Defense Committee.                Editor on the University of Michigan Journal of
to joining his current firm, Mr. Schwartz was an        Anne graduated from UC-Davis, in Davis California      International Law.
Investigative Attorney for the U.S. International       with a degree in Economics.
Trade Commission. Mr. Schwartz received his J.D.                                                               GREG WILLIAMSON is the Senior Vice President
with Honors from George Washington University.          DAVID T. VANALEK is an attorney and Manager            for Human Resources at Lender Processing
                                                        of Professional Liability Claims at Markel in          Services. He began his career at LPS as in-house
ANDREW C. STABNICK, a member of The                     Deerfield, Illinois, just outside of Chicago. Mr.      Labor and Employment Counsel before moving
Hartford’s Life Litigation Unit, currently serves as    Vanalek joined Markel in 2007 as a senior claims       to Human Resources in 2009. LPS is the nation’s
the lead litigation counsel for The Hartford’s Group    attorney, and shortly thereafter assumed a             leading provider of mortgage processing services,
Benefits Division in Simsbury, Connecticut. In          management role overseeing a team of claims            settlement services, mortgage performance
this role, Mr. Stabnick and his team manage both        professionals and attorneys responsible for a wide     analytics and outsourcing services for lenders.
ERISA and non-ERISA litigation across the country       array of professional liability product lines, which   More than 50% of all residential mortgages in the
involving group disability, life and accidental death   has included over the years Miscellaneous Errors       US are processed through LPS. The company
and dismemberment claims, as well as bad-               & Omissions, Non-Profit Directors & Officers,          has 8,600 employees nationwide. Greg served
faith and class action litigation. He has spoken        Employment Practices Liability, Lawyers,               in the United States Army before attending law
nationally at legal and industry conferences on         Insurance Agents & Brokers, Architects &               school at the University of Florida.
issues involving bad-faith litigation and ERISA,        Engineers, Financial Advisors, and Information
discovery post-MetLife v. Glenn, as well as the         Technology and Data Breach claims. Prior to
proper administration of group disability claims.       joining Markel, Mr. Vanalek was in private practice,
Mr. Stabnick studied at the University of Glasgow,      representing clients in jury and non-jury cases in
Scotland, then earned his B.A. with Honors in           state and federal court in California and Illinois.
Rhetoric from Bates College, Lewiston, Maine.           He received his Bachelor’s degree, magna cum
He received his J.D. from Brooklyn Law School,          laude, in Political Science from the University of
Brooklyn, New York. Mr. Stabnick is admitted to         California, Los Angeles, and his law degree from
practice in Connecticut and New York.                   the University of California, Davis, where he served
                                                        as an Editor on Law Review, and had the pleasure
JANE M. STAHL is a Litigation and Employment            of serving as the first judicial extern for a newly
Attorney with Shaw Industries Group, Inc.               appointed associate justice of the California
A Berkshire Hathaway company, Shaw is a                 Supreme Court. Mr. Vanalek is a member of the
floor-covering manufacturer with over 25,000            California and Illinois State Bar, and has been
employees. Ms. Stahl is the sole in house               published in the San Francisco Daily Journal.
General Information

MEETING LOCATION
The Ritz-Carlton Battery Park
Two West Street
                                                                           ALFA International
New York, New York 10004                                                   EPLI Seminar Leadership:
Tel: (212) 344-0800
Fax: (212) 344-3804                                                        Jill F. Endicott
                                                                           Chair, Insurance Practice Group
                                                                           DINSMORE & SHOHL LLP
REGISTRATION
                                                                           Louisville, Kentucky
Contact your ALFA International attorney to register.
                                                                           Ronald G. Polly, Jr.
HOTEL                                                                      Chair, Labor & Employment Practice Group
ALFA International Hotel Room Rates:                                       HAWKINS & PARNELL, LLP
                                                                           Atlanta, Georgia
The Ritz-Carlton Battery Park
$325 per night, single or double occupancy                                 David M. Eisenberg
                                                                           Program Co-Chair,
New York Marriott Downtown                                                 ALFA International Labor & Employment Practice Group
85 West Street (2 blocks from Ritz-Carlton)                                BAKER STERCHI COWDEN & RICE L.L.C.
New York, New York 10006                                                   Kansas City, Missouri
Tel: (212) 385-4900
Fax: (212) 227-8136                                                        Glenn F. Fencl
$238.00 per night, single or double occupancy                              Program Co-Chair,
                                                                           ALFA International Insurance Practice Group
The deadline for obtaining a room reservation at the ALFA International    JOHNSON & BELL, LTD.
                                                                           Chicago, Illinois
rate is Friday, May 14, 2010. After this date, hotel reservations at the
ALFA International rate will be on a space-available basis.
                                                                           Bates Lovett
                                                                           Course Book Co-Editor,
Hotel reservation requests are submitted by completing the seminar
                                                                           Insurance Practice Group
registration process. Please contact your ALFA International attorney
                                                                           HUNTER, MACLEAN, EXLEY & DUNN, P.C.
to register.                                                               Savannah, Georgia

CLE CREDIT                                                                 Thomas Lyons
ALFA International certifies that this activity has been approved for      Course Book Co-Editor,
CLE credit in the amount of 9 hours.                                       Labor & Employment Practice Group
                                                                           HALL & EVANS, L.L.C.
ATTENDANCE IS OPEN ONLY TO MEMBERS OF                                      Denver, Colorado

ALFA INTERNATIONAL AND THEIR INVITED GUESTS.
                                                                           Katherine (Katie) M.L. Pratt
                                                                           Course Book Co-Editor,
TO CONTACT ALFA INTERNATIONAL:                                             Labor & Employment Practice Group
ALFA International                                                         HALL & EVANS, L.L.C.
980 North Michigan Avenue, Suite 1180                                      Denver, Colorado
Chicago, Illinois 60611
Tel: (312) 642-ALFA (2532)
Fax: (312) 642-5346
Contact: Jessica Zaroski
Email: jzaroski@alfainternational.com

				
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