2013 Litigation Management Institute

Course 01 - Client Relations, Expectations and Confidentiality

• Speakers:
• Christopher Carucci, Gallagher Bassett Services, Inc.
• Matthew Morrison, AFICS

This course focuses on identifying the roles that each participant (counsel, insured, carrier) plays in the claim and litigation process including reporting structures, communication expectations with clients and third parties, developing winning strategies as a team and balancing each participant’s interest in results.

Upon completion of this course, the participant will:

Course 02 - Reserving and Data Management from an Actuarial Perspective

• Speakers:
• Frank Chang, Uber
• Richard Fuller, Arrowpoint Capital

This course will provide students an opportunity to understand how insurance carriers use the information provided to them by their defense counsels to analyze and evaluate the financial considerations associated with each claim and to determine the appropriate total claim liability that the company maintains on its balance sheet.

Using actual case scenarios, the course will provide an overview of basic actuarial concepts and examine the processes and procedures used by insurance carriers in evaluating claims.

Upon completion of this course, the participant will:

Course 03 - Litigation Metrics

• Speakers:
• Helen Gillcrist, Liberty Mutual
• Preston McGowan, Private Client Select

Increasingly, carriers and corporations are using litigation metrics to help assess the effectiveness of their legal services. These metrics have become more sophisticated over time and are used both internally and externally to compare and measure law firm performance. Successful firms will partner with their clients and endeavor to be in sync regarding strategies on litigation and cost effectiveness. This requires an understanding of the metrics which are vital to any litigation management program.

Upon completion of this course, the participants will:

Course 04 - Alternative Fee Arrangements vs. Traditional Hourly Fees

• Speakers:
• Michael Caspino, Busch & Caspino
• Erin Gleason Alvarez, Self Employed

Due to the recent economic climate and challenges facing the insurance industry, corporations have been forced to consider a new approach to reducing their overall litigation costs. While the traditional standard of hourly billing will not go away, the industry is looking at Alternative Fee Arrangements. If implemented properly, Alternative Fee Arrangements can help align a firm’s goals with their client’s goals by facilitating early resolution of cases. The combination of cost savings, cost certainty and alignment of the law firm’s interest and the client’s interest can result in a “win-win” for all.

Upon completion of this course, the participant will:

Course 05 - Evaluation and Assessment, Impact Reporting and Reserving

• Speakers:
• Rachel Ehrlich, Judicate-West
• Peter Uzzi, Self Employed

Litigation has one end goal: successful resolution. While defense counsel frequently define a successful resolution as winning the case on the merits, in a case where liability is clear (and adverse), where the case has precedential value to other cases or other lines of the client’s business, or where the witnesses have all died or are not credible, a successful resolution may be defined as a settlement below ‘x’ dollars. In addition, more sophisticated clients will often define a successful resolution as “the earliest resolution possible for the least amount of dollars expended (on defense and liability/indemnity).” Early resolution through dismissal, settlement, and even a speedy trial, allows a client to get back to their core business and stops the drain on client resources necessitated by litigation.

When success is defined in terms of the least amount of dollars expended to reach a resolution, early evaluations and assessments to establish strategies to bring about that success — and to maximize the value or impact of the dollars expended on the defense — become critical to the process. Once those strategies are in play, they must be re-evaluated and updated and the client must be timely notified when information garnered through the litigation process, and/or from factors external to the process, materially affects the resolution strategy charted by defense counsel and the client.

Upon completion of this course, the participant will:

Course 06 - Coverage Perspectives

• Speakers:
• Daniel Costello, Costello Ginex & Wideikis, P.C.
• Kate Daly, AXA XL

When defending cases, many lawyers do not consider the effects that insurance coverage can have on the client they represent and/or the carrier. Counsel frequently do not understand the tri-party relationship or the potential conflicts of interest that may arise when a carrier has accepted the defense of the client under a reservation of rights (“ROR”). They similarly may not understand the effect that contractual indemnity agreements may have in creating coverage available to the client through other insureds and co-defendants. As a result, counsel can mismanage a case and cause considerable problems for a client or carrier or both.

In this course, lawyers will explore the nuances of insurance coverage and the conflicts of interest inherent in the tri-party relationship and emanating from RORs. The course will also explore Additional Insured coverage, and how the defense of the case can ultimately lead to a verdict that could result in more or less coverage for a client. Publicity and financial considerations as well as different clauses in an insurance policy will be discussed.

Upon completion of this course, the participant will:

Course 07 - Fundamentals of Risk Transfer

• Speakers:
• Larry Beemer, Tokio Marine HCC
• Michael Leahy, Retired

Every client, whether they are a consumer, a corporation or a governmental entity, encounters a risk of loss to life, property or earnings. Some of these risks are predictable, the cost minimal and can be appropriately budgeted for out of the client’s regular income or reserves. Others risks are uncertain or occur with some frequency for the Industry but not for the client, and/or are potentially catastrophic. When the latter occurs, they may threaten the standard of living for the client or its ability to continue to operate fiscally. Uncertain, infrequent and/or potentially catastrophic risks need to be measured and planned for nonetheless. As part of this planning, clients may contract with others to assume all or part of an identified risk. Insurance and indemnification agreements are two examples of vehicles to transfer risks.

The typical defense lawyer often has little to no experience with risk transfer agreements or the impact those types of agreements have on the defense of a case or the responsibilities of the lawyer to his/her client. Even if aware of these agreements, the defense attorney may not understand how those agreements should be interpreted. This course will expose lawyers to the fundamental principles of risk transfer via insurance coverage and indemnity agreements as well as helping them to understand excess coverage, reinsurance and captive insurance.

Upon completion of this course, the participant will:

Course 08 - Resolution Strategies

• Speakers:
• John Bohyer, Bohyer, Erickson, Beaudette & Tranel, P.C.
• Hedy Linette Ranieri, Berkley Technology Underwriters

Recent studies have found that litigation and risk managers overwhelmingly agree that law firms need to resolve cases more quickly, become cost effective through the utilization of alternative fee arrangements and case-appropriate staffing, improve client communication, and become better business partners. What tools and techniques are required to meet these demands?

Thought-provoking strategies will be examined, which will provide the participants with perspectives that go well beyond the traditional methods of case management and resolution and will provide techniques to allow for the evolution of change and success in the future.

Upon completion of this course, the participant will:

Course 09 - E-Billing, E-Strategy, E-Discovery

• Speakers:
• John Browning, Spencer Fane LLP
• John S. "Jack" Pierce, Hinshaw & Culbertson LLP
• Jennifer Rothstein, Arete

Course 10 - Practical Aspects of Litigation Management - Strategic Implementation

• Speakers:
• Elizabeth Ganiere, McDermott
• Simon Keshishian, Red Bull