Annual Conference 2012 

Beyond the Numbers: The Art of Litigation Management and Client Retention

This panel, consisting of highly seasoned outside counsel, senior claims professionals, and corporate counsel will analyze and discuss their experience with what works and what doesn't in relation to litigation management. This discussion will demonstrate the use of practical litigation management tools in both complex and "typical" litigation scenarios, what effective litigation management means and why it is the key to client retention.         

DIVERSITY, The 300 lb. Gorilla in the Room:  Lip Service or True Commitment?

Diversity initiatives in law firms and corporate legal departments can be traced back to 1987. The genesis for much of these early diversity initiatives have their roots in programs such as the American Bar Association (“ABA”) Minority Counsel Demonstration Program, “Minority Partners in Majority Firms” Program, and other in initiatives led by groups such as the Minority Corporate Counsel Association (“MCCA”), the Association of Corporate Counsel (“ACC”formerly “ACCA”), the Defense Research Council Institute (“DRI”) and numerous other local and metropolitan Bar Associations.  This Seminar seeks to analyze and discuss: What progress has been made in the last three decades as a result of these diversity initiatives?

Survive, Succeed and Transform with Analytics

Data Driven Litigation Management Using Benchmarks:   The greater availability of data and competition driven by economic necessity resulted in the demise of the old notion that litigation is immune from cost containment strategies, such as Alternative Fee Arrangements.  The next step in the evolution of data driven litigation management is the application of benchmarking data to litigated matters. Benchmark data not only includes your own legal spend history as a client or a firm but also the same information from other clients, other firms and other sources.  Benchmarking data includes:  Prospective case cost analysis,  Staff profiling,  Lifecycle analysis,  Trial to settlement ratios.  Using data including billings, matter and case data (as opposed to data derived from subjective survey results or “the gut” alone) better advises the claim handler, corporate counsel or law firm on core litigation management strategies including how best to price, manage and budget a single case or a portfolio of similar cases.          

The Black Art of Reserving

The word “reserve” is often heard and often misunderstood.  Learn and understand in this presentation:  Why the need for reserves by insurers, self insured entities or entities with high SIR and deductibles; the difference between a SIR and deductible and the role SIR and deductibles play in reserve decisions; Learn why self insureds and insurers must ensure that their reserving practices are sound; the fatal mistake of under reserving and not having the funds needed to pay claims down the road; and the serious problems created by establishing excessively high reserves, thus pricing your products too high, adversely affecting your competitiveness in the marketplace and limiting your investment opportunity and potential investment returns; The differences between “short tail” and “long tail” exposures and how outside factors, such as inflation and interest rates, impact reserves; The role of actuaries and how “good” and “bad” reserve decisions effect what they do; learn what “IBNR”, incurred but not reported, is all about and the significance of IBNR; Why underwriters need accurate reserves to do their jobs and properly price their products; The role of the defense lawyer and how their input is handled from a domestic viewpoint versus a foreign insurer’s point of view and a self insured’s point of view; and the differing reserving philosophies and methodologies between them; The role of the broker as the policyholder’s advocate in terms of their claims experience and future premiums; understand the broker’s role, e.g. to ensure reserves are apportioned amongst different entities that may have involvement in the claim; The difference between “step reserving” versus a “reserve movement”;  Why there are differing philosophies on when and how reserves should be established; differing methodologies such as loss occurrence versus inception of litigation and how these differences can affect self insureds, insureds with large SIRs and insurers; SIR vs. Deductable –how are they treated differently in bankruptcy proceeding;  How to manage volume loss insureds; and To whom is reserving information available - why or why not. If you want to truly understand how to establish a proper reserve - this is a presentation that is not to be missed to learn firsthand the secret potions of the craft and The Black Art of Reserving.

Transforming Claims Management via Predictive Modeling

Most workers compensation and liability claims filed tend to follow normal patterns of case development based on certain factors. There are, however, those outliers that require unique mitigation strategies that go beyond typical handling protocols. These cases may require earlier and unique intervention from claims and legal professionals. Evolutions in predictive modeling can advance these efforts by expanding available data, increasing the sophistication of underlying statistical analysis, and helping to drive the actions of targeted resources. This approach from the workers compensation perspective focuses on getting the injured workers healthier and returned to work sooner than might otherwise be the case. Similarly, from a liability view helps us deliver the best total outcome resolution. A sophisticated predictive model set includes case file data, billing data and emerging medical and non-medical factors. Predictive modeling can be extremely accurate in establishing the ultimate severity of a claim. This information when incorporated into the claims handling can lower the total cost of risk, spot early patterns of overuse, better align resources with complexity and provide customers with an earlier awareness of and insight into claims that have the potential to escalate into high-cost drivers both from an exposure and resulting litigation perspective.

ADR- Disclosure 102: Beyond Catastrophic Event Disclosure

Disclosure 102: Beyond catastrophic event disclosure.  Combining disclosure and ADR can be a very successful tool to resolve claims prior to litigation. Since one of the reasons patients seek legal advice is an attempt to learn why they had an unexpected outcome, our organization developed a very successful program to respond to questions from patients through the use of disclosure and ADR that has been in use for over 20 years.  This panel will outline how to establish this type of program from the corporate culture to the practical steps of the disclosure.  Benefits will be discussed such as a reduction in reinsurance costs, a claim history below the industry average, and a positive influence on our patient and community support. In addition, risk factors will be discussed with potential methods to minimize those risks. The panel will discuss this program from the perspective of internal and external legal counsel, insurance and claims and risk management. 

BAD FAITH - Avoiding Bad Faith in Adjustment of Catastrophic Windstorm Damage Claims

A catastrophic windstorm event – most common in the form of a hurricane, tornado, or tropical storm – strains both financial resources and manpower of an insurer responding to damage claims spread over a wide geographical area.  To fully appreciate the financial consequences of a widespread windstorm occurrence, one need look no further than the loss estimates from the April 2010 tornado outbreaks in the southeastern United States and the wind and flood damage on the eastern seaboard following Hurricane Irene.  This Roundtable focuses on the unique challenges and opportunities facing insurers, risk managers, claim professionals, and legal counsel when confronted with catastrophic windstorm events and the specter of bad faith/good faith claim handling.  From a historical overview of how Hurricane Katrina “changed the game” with respect to direct loss and combined/concurring causation, attendees will participate in a detailed and open discussion reflecting upon claim handling practices and procedures; managing risk; and strategies to avoid allegations of claim-specific and institutional bad faith in the legal aftermath of a natural catastrophe.  This is a timely and important topic that remains a key area of concern for the stakeholders in the litigation management process.

CONSTRUCTION - Breaking Bad Habits In Complex Construction Defect Claims

The roundtable discussion will address the “repeat offenders” and how to avoid common pitfalls in complex CD cases.  The focus of the group discussion includes current trends toward the use of pre-mediation webinar presentations between all counsel of record and the mediator; the use of two mediators in complex cases involving third party practice,  ADR submission agreements, strategy protocols for early claim resolution in pre-suit phases, use of neutral experts and suggestions for making the Case Management Order (CMO) work for you.  The diversity of the panel will provide a national perspective on each of these issues and how it affects each market.

COVERAGE - If You Use It, Don’t Lose it: Law Firms at Risk for Cyber Breaches

Financial records hacked. Client data breached. Laptops lost and smart phones stolen. Information is the currency of law firms, yet cyber risks pose a real and serious threat to how law firms secure their information. Breach of a law firm’s data could disclose a firm’s litigation strategies, subject it to client lawsuits and violate disciplinary proceedings. This Roundtable explores cyber risks to law firms and considers insurance implications in the event of a breach.

DIVERSITY - Affinity Groups, Advantages and Disadvantages

The latest hot button topic in the corporate sector is Affinity Groups (i.e. diversity committees, women initiatives, etc.). A large percent of Fortune 500 companies have "affinity groups" which are typically formed voluntarily by employees to address issues of common interest relating to a particular characteristic commonly associated with diversity, such as race or gender or sexual orientation. The groups' members are a support network for social groups and seek to advance the goal of diversity within the corporate structure.  Some recent studies show that people are beginning to focus on the need and purpose for such groups.  The panel will lead a discussion in the history and definition of affinity groups. The panel will also engage participants to offer opinions (or debate the pros and cons) related to the current need for the groups, the groups contribution to business development, how the groups increase diversity awareness internally, how it promotes solidarity, increases an employees' commitment to his or her employer and any negative impact the groups may have on a company.

ENVIRONMENTAL - Growing Trends in Asbestos Litigation

Asbestos Trends, Litigation and Claims Handling: will provide critical information pertaining to the defense of claims of asbestos exposure involving issues of product identification, failure to ward, medical causation and presentation of cross claims.

ENVIRONMENTAL - Insurance Claims and Litigation Arising from Natural Gas Hydraulic Fracturing

This session involves the interactive role playing among the panelists during an assumed natural gas drilling operations in the Marcellue shale region of Western Pennsylvania covering the life history of a gas well.  The major phases include the gas company land man negotiating the lease with a property owner, drilling the well, completing the well via hydraulic fracturing, disposing of flow back water and produced water, disposing of drilling mud, installing pipeline connections, restoring the site to original conditions, re-drilling for coal based methane, and eventual plugging and abandoning the gas well.  Throughout these various phases, the panel discusses how environmental claims and potential litigation issues can arise.  Videos, photographs and animations are used to illustrate the technical, insurance coverage and legal issues arising from the accidents and incidents.  Mr. Vittornio will serve as insurance adjuster panelist handling the resultant insurance claims.  Mr. Rider or Mr. Pernicone will serve as attorney panelist defending the litigation. Mr. Philip Watters will serve as property owner panelist with environmental damage to his property and provide consulting commentary. A fourth CLM Member panelist serving as a natural gas corporate representative will provide the industry perspective.

FRAUD - Making A Living Through Theft Claims: A Case Study

We will go through the history of a large and imaginative art theft claim, from the claim reporting through the investigation and subsequent bad faith trial. This was an intricate and detailed claim and investigation which provides an opportunity to discuss claim red flags, investigation tools and methods, the importance of detailed analysis and the significance of claims patterns and history. We also will discuss thefts in general, and evaluate them in the context of the same investigation tools and warning signs. Also discussed will be issues that arise when the insurance company receives a tip that the claim is fraudulent. How should the insurance company handle that information? If the claim was fraudulent and has been paid, the insurance company’s remedies will be analyzed.  Document requests and examinations under oath as key parts of the claim investigation will be evaluated. The importance of approaching an investigation with an open mind, following all leads, including those that prove the claim is legitimate and those that indicate it is not, will be addressed. These claims present issues that universally apply to potential fraud claims in an interesting context.

LIT MGMT - Defense/Defendant Cohesion – Getting Key Information Fast

This session is intended to address the dynamic interaction between defense counsel and defendant in terms of collection and coordination of operational/incident information.  Several scenarios will be discussed in regards to informational needs and availability as viewed by the legal and business participants.The goal of the session is to illuminate areas and actions critical to the success of defensive actions being taken.

LIT MGMT - Driving Law Office Efficiencies: Staff & Panel Counsel Operations

This session will consider the most efficient management of counsel and law office operations from the perspectives of executive-level claims management, staff counsel leadership and private defense firm managing partner.  We will identify the core obligations we have in common, to include the defense of the policyholder within regulatory and ethical guidelines.  We will then describe the measures employed to assess the value of legal services provided.  Given the ever increasing focus on loss adjustment expense containment, we will then discuss the considerations that favor or detract from the creation of staff counsel operations.  Taking this issue to the next level, we will then discuss the question of personnel staffing and operational support in both the private and house counsel constructs, to include measuring the efficiencies of IT systems, administrative to legal personnel ratios, and the differing profiles of lawyers who tend to succeed in these respective environments.  The session will conclude with discussion of what sort of business or product-line mixes are most appropriate for staff counsel and panel firms.    . 

LIT MGMT - Implementing Alternative Fee Arrangements – Taking the Devil out of the Details

The market has seen rapid growth of alternative fee arrangements as a response to client demands for more predictable litigation costs.  Fixed fees, flat monthly fees with holdbacks and bonuses, reverse contingencies, portfolio-based and other arrangements all sound good on paper, but how do they work in practice?  This session will present an AFA case study and walk through the pitfalls of and best practices for implementation.  Material for this session will include content from the CLM's Alternative Fee Arrangements Committee’s, AFA Roadmap.  The mission of the CLM AFA Committee is to provide clients and firms actionable tools and information to respond to client demands for a better way to value and pay for legal services than the traditional billable hour.  In this session, we will: 1. Present techniques on how to effectively link risk and reward in a measurable and meaningful way  2. Discuss the principles for successful implementation 3. Discuss best practices for data mining, budgeting and reporting

LIT MGMT - Swimming with the Sharks or Scuttled on the Shoals? The Great Bill Debate

Why do some legal bills sail the calm seas to full payment, while others are caught in a tsunami of problems?  This presentation will analyze a number of issues inherent in the sometimes stormy relationship between insurance defense lawyers and their clients.  Panel and attendees will share tales of bills shipwrecked by squalls on many fronts, including ·         Reduction or nonpayment of bills  ·       Reconsideration of adjustments  ·         Delays in the submission of bills  ·         Budgets ·         Electronic billing   ·         Legal bill audits -  Join us in San Diego to learn strategies to navigate through these billing disputes and avoid the perfect storm of payment reductions and delays.

LIT MGMT - Trends in Personal Injury Mediation

Do you want to outsmart your opponent at mediation? Learn new trends in mediation and the psychology of negotiation. 

MEDICARE - Emerging Trends in Medicare Compliance

We will address actual case studies which demonstrate successful Medicare compliance strategies, including preparation and submission of Medicare set asides, negotiation and settlement of conditional payments and data collection in Section 111 MIR reporting.  We will also discuss how recent important judicial and legislative activity has changed the face of CMS’ composition and procedures.  This will be an interactive discussion focusing on implementation of best practices in the ever changing climate of Medicare compliance.

MUNICIPAL - Defending Civil Rights Litigation Resulting from Criminal Defendants Exonerated by DNA

Over the last decade there has been an increasing number of cases involving persons convicted of criminal offenses & sent to prison who were subsequently exonerated after years in prison by DNA evidence. The resulting civil rights litigation involves complex legal issues & significant verdict potentials. This session will examine the legal issues involved in this litigation including the defenses available and discuss how to approach evaluating these claims, developing litigation strategies and litigation plans. Case study will address coverage issues and conflicts which may arise between the insured municipal defendants and their insurance carrier(s).

PRODUCT - Managing Mediation in Mass Tort Actions: Perspectives from the Insured, Insurer and Insurer-Retained Defense Counsel

The panel on two insurer representatives, two defense counsel and one insured will all present their respective opinions on conflicts that may arise as part of the tri-partite relationship specifically in the context of mediation of mass tort actions.  The panel will discuss when there are divergent interests between the insurer and insured and the role of independent counsel of the insured's choosing as well as the limitations of said counsel.  Counsel retained by the insurer will discuss possible competing interests and interaction with independent counsel.  The insurer panel members will discuss insurer rights and a view from the trenches during the negotiation process.  The mediation portion of the presentation will focus on the timing and approach to engaging counsel for the plaintiffs in mediation, as well as impact on remaining cases.

PROFESSIONAL - Navigating the Minefields in Disastrous Professional Liability Claims

The presentation will focus on identifying common characteristics and scenarios that are present in many extremely difficult professional liability settings that can be found across all lines of professional liability.   The discussion will concentrate on claims handling practices, litigation tactics from both the plaintiff and defendants perspective and best practices to consider when faced with these challenging scenarios.  Time limit demands, of insureds and the handling of claims where there are allegations of fraud, embezzlement, theft, misappropriation and intentional torts.  It will also discuss aggravating factors such as insureds that have misrepresented facts to counsel and the carrier, destroyed documents and/or violated court orders during litigation.   The presentation will focus on best practices when faced with these challenging scenarios as well as a discussion of an attorney's ethical obligations to the insured, the insurer and the Court.  The discussion will assess the application of the Florida Claims Administration Statute.    III.    LEARNING OBJECTIVES: "AT THE END OF THIS SESSION, PARTICIPANTS WILL BE ABLE TO:"  A. Incorporate claims handling practices to identify common issues present in disastrous professional liability scenarios so that claims professionals can avoid the minefields that are present in these situations.  B. Consider claims handling practices to enable claims professionals to take early control over the direction of the defense and resolution of such claims.  C. Understand how plaintiff's lawyers view these types of issues when formulating strategies to pursue these types of claims.  D. Formulate how to best defend and handle extremely difficult legal and practical issues present in these types of claims.  D. Address various ethical obligations that arise when defending such claims.  E. Satisfy insured and carrier expectations when defending extremely difficult professional liability claims.  F. Evaluate strategies to consider when participating in alternative dispute resolution of these types of claims.  IV. Common Characteristics / Themes (30 mins)  A. Representing client who commit fraud, embezzlement, theft, conversion or other intentional bad acts  1. Robbed at pinpoint  2. Loss of the moral/practical compass  3. Individual and Class Action Cases  4. Competing claims analysis  5. Impact of social media on handling of disastrous claims  B. Poor Economy Drives Disastrous Claims  1. Money Lost Increases the Professional’s Customer’s Angst  2. Fee Dispute With Professional Firm is Impetus for Claim  3. Looking to Easy Money breeds claims  4.  Attempts to take advantage of ambiguous and/or changing areas of the law  5. Attraction to Hiring of laterals and relaxed view of rogue employees  C. Bankruptcy / Dissolution or Implosion of PL firm  1. Sole remaining asset becomes the policy  2. Loss of insured as primary contact  3. Bankruptcy judges Presiding over coverage disputes  4. Obtaining finality in bankruptcy and receivershi  D. Bad Faith Set Ups  1. Unreasonable time limit demands  2. Challenging coverage decisions  3. Eroding limits and multiple competing claims  4. Stipulated judgments  F.   Alternative Dispute Resolution  1. Selection of Mediator for Disastrous Claims  2. Effectiveness of Position Statements  3. Use of High Low settlement strategies  4. Tactical and economical use of technology at mediation  G. Ethical and Conflicts considerations  1.  How to Best Diffuse an Explosive Insured Personality  2. Obligations of Candor to Court and responding to court orders  2. Reporting Obligations to carrier  3. Consideration of Ethical dilemmas with outside personal counsels  4. Rules of professional responsibility  V. Question and Answer Session (10 mins) 

PROFESSIONAL - OMG?!—The Impact of Social Media on the Tripartite Relationship.

By now everyone knows of the beneficial treasure trove of information that Facebook & Twitter are with respect to claimants. In addition, your organization has embraced social media. However, in the rush to network and market, have we considered how what insureds, their counsel and insurance entities post on online social media sites may impact the tripartite relationship?  Has any thought been given as to the ethical issues? Are you setting up the bad faith or legal malpractice claim? How does a posting impact the lawyer/client relationship? What kinds of things can be posted and what should be avoided?  Please bring your questions and experiences to the panel representing each member of the tripartite relationship. A thorough analysis on this new issue will be addressed from the perspectives of the client, counsel and carrier.

TRANSPORTATION - Major Casualty Response and Investigation: The First 90 Days

Large scale losses provide unique challenges to first and third party insurers, business interests, attorneys and expert investigators.  The panel discussion will focus on several major commercial property losses and work with the audience to create and  develop a checklist of  best practices to direct response and  protect the interests of the particular parties and stakeholders involved.  Owners and operators, product manufacturers and suppliers and indemnitors and insurers are immediately interested in ascertaining the cause and origin of the loss, legal responsibility and financial resources of potentially liable third parties and the collection and preservation of physical and digital materials, documents and data.  The panel will focus on necessary  actions to be taken in the first ninety days following loss  that most often determine the outcome on ultimate issues of liability, compensation and/or recovery.  The discussion will include challenges faced by insurers  when insuring multiple parties with competing interests and also consider how carriers and business interests can  balance the legal needs of the investigation to obtain, evaluate and  protect evidence  with the needs to minimize downtime and mitigate  expense and loss.  The presentation will use, as a backdrop, data compiled from real world  catastrophic losses. This presentation will provide a continuous interaction with those  attending to create and develop a Major Casualty Response  Checklist of actions to be taken and options to be pursued on a prioritized basis within the first ninety days following a large casualty. The suggestions for action derived from the panel presentation  and audience interaction will be compiled and made available at the conclusion of the conference and if desired,  on the CLM website.

WORK COMP - Evidence Based Medicine - Controlling Quality and Cost of Medical Care

This roundtable discussion will examine evidence based medicine through the available medical treatment guidelines adpoted in some form by over 40 states.  The panel will discuss the development of strategies as a collaboration among all of the stakeholders, including insureds, risk managers, carriers, providers and counsel, in order to manage medical costs.  The discussion will focus on the use of evidence based medicine data and best practices, including predictive outcomes, in order to obtain the best results for the patient and the payer.  The panel will discuss how to investigate, identify and understand the underlying medical cost drivers.  The panel will also address medical-financial economics and agency policies which influence medical cost control.  Participants will leave with tools for resolving and winning medical disputes.  This roundtable should also appeal to those with an interest in general litigation management.

ADR- Mediation in High Stakes Litigation:  A Panel Presentation on the Key Factors to Consider in Determining Whether and, If So, When to Mediate

This presentation will address the key issues facing litigants, insurers and outside counsel when faced with low frequency/high severity litigation.  In the largest cases in the country – whether it be 9/11 litigation, Deepwater Horizon, Lehman or other subprime cases, products liability or mass torts – mediation is invariably utilized as an alternative to high stakes litigation.  This distinguished panel of mediators, client representatives, insurers and outside counsel will delve deeply into the key issues that must be addressed when analyzing mediation, including whether suggesting mediation is a sign of weakness; how to set expectations prior to mediating; when the optimal time to mediate is and whether there are any inopportune times to mediate; whether there are any disputes that should not be mediated; and the multitude of issues associated with insurer(s) attendance at mediations.  We have pulled together a group of practitioners who have worked on these and other high profile matters.  The panel will share lessons learned and discuss the challenges of multiparty mediations from the front line of the highest profile litigations in the country.

BAD FAITH - Flat Fee Arrangements -- do they include a heightened risk of Bad Faith exposure

This roundtable discussion will explore the continuing growth and development of flat fee billing arrangements between insurers and outside counsel they retain to defend third-party litigation, and the potential Bad Faith implications for such arrangements when the Insured is dissatisfied with the results of the litigation, and blames the outcome on the defense attorney’s fee arrangement.

CONSTRUCTION - Construction Defect Litigation: Is it time to teach an “Old Dog” new tricks?

This session will focus on the latest advances and setbacks in construction litigation management.  It will provide insight on how those involved in the construction claims process can learn from what is working in some jurisdictions and why other states are doomed for failure.   We will examine various states’ versions of the right to repair statute in an effort to find a solution to the ever-increasing claims resulting from home construction.  Are we really moving toward efficient resolution or are we actually complicating matters?   Why are some states experiencing more success than others?  What is new in Insurance Coverage, the Duty to Defend, Mediation and enlisting the aid of the courts will be discussed in the context of new approaches to effective resolution of claims.   This discussion will evaluate why certain jurisdictions are more successful than others and what you can do to ultimately increase participation in the process while keeping costs manageable. 

COVERAGE - Conflict-Free Counsel: The Approval & Management of Defense Counsel

This Case Study Roundtable session will tackle tough topics arising in jurisdictions across the United States involving the selection, use, and performance of defense counsel.  While insurers and policyholders both pursue the involvement of effective, conflict-free counsel, this session will, from the carrier’s perspective, address when the insurer and policyholder disagree about defense counsel and how to work through the related issues.  Specific problems -- and effective, real-world solutions -- will be suggested and discussed, including situations such as: when the need for counsel arises, dealing with coverage issues, an effective reservation of rights, when the carrier does (and does not) control the defense.  There will also be detailed discussion and analysis of performance/payment issues, the reasonableness of fees in various geographic areas, alternate fee arrangements, and California’s section 2860 fee cap.  This Roundtable will identify problem issues and then provide candid responses and solutions in this very challenging area.

DIVERSITY - Improving the attorney-client relationship and meeting the client's diversity and other corporate goals through an effective Relationship Partner

Corporate counsel and claims professionals are frequently frustrated that their outside counsel do not uniformly adhere to their litigation guidelines nor adequately support their diversity or other corporate objectives. As a result, even if the law firm achieves good results and bills fairly, the overall relationship can falter. Attorneys who achieve good results and bill fairly desire to improve and expand their client relationships but can be frustrated by their inability to capitalize on their achievements without understanding what needs to be addressed. This session is intended to address and offer potential solutions to these concerns. Through an interactive discussion with representatives of corporations and defense counsel, a resolution of these seemingly competing interests will be considered through enhancing the effectiveness of a Relationship Partner. This session will be a forum to develop a better understanding of the perspectives and needs of both outside counsel and the clients. It is expected that the attendees (corporate representatives, claims professionals and outside counsel) will acquire a more acute understanding as to the practical issues facing one another which impact the relationship and lead to improving that relationship. The thrust of the discussion will be whether an effective Relationship Partner, as a single point of contact between the law firm and client, is the best vehicle through which to achieve these goals and what the client and attorney believe is necessary in order for a Relationship Partner to be effective. In this regard, the appropriate or expected role of the Relationship Partner in the enhancement of the client's diversity objectives, resolution of problems identified, quality control and overall management of the relationship will be examined. This session is intended for corporate counsel and claims professionals, current Relationship Partners and attorneys who aspire to be a Relationship Partner.

ENVIRONMENTAL - Litigation Strategies For Formaldehyde Claims In Light Of New Carcinogen Classification

The United States Department of Health and Human Services recently classified formaldehyde as a carcinogen.  For over 20 years, government agencies have considered formaldehyde to be a hazard depending on time weighted exposures, but this new classification could open the door to litigation in a number of realms, ranging from consumer product claims to worker safety. Given the widespread use of formaldehyde in consumer and industrial products, as well as the elimination of the use of the chemical in other countries, the avenues for product claims and exposure concerns are potentially limitless.  Formaldehyde litigation is often defensible based on a number of factors, however, it is possible that this new classification may give rise to new theories for litigation in the plaintiff's bar.  During this roundtable, we will discuss the background of formaldehyde regulations, the general history of claims related to exposure, and potential injuries and defense strategies for the same.  We would also examine portions of the concluded litigation in Louisiana and discuss the future of litigation claims. 

ENVIRONMENTAL - Oil and Water Do Not Mix-But When They Do There Will be Litigation

Oil spill related litigation has been big news over the past several years.  From the Deepwater Horizon catastrophe to the devastating pipeline spill in the Yellowstone River, these cases have been the subject of major claims and litigation nationwide.  This roundtable will explore several hypothetical case studies involving serious bodily injury, water pollution, natural resource damage, property damage and interruption of business activities; all related tooil spills.  These events can be tragic and cause severe damage to the goodwill of the business, as well as impacting the stock price of the company involved.  The objectives of the roundtable are to provicde a primer on oil spill related litigation and the differing regulations, statutes and case law which the claims professional must be conversant with to capably handle such matters.  We will contrast the regulatory overlay as well as teh applicable common loaw, for spills in both coastal and inland environments.  The case studies will illustrate how in house adjustors, crisis manageement specialists, public relations professionals, legal counsel and other in-house professionals can be effective players in responding to an oil spill.

FRAUD - Use Of Electronically Stored Information And Other Forensic Analyses In Insurance Fraud Cases

In this age of electronic loss notices and declaration pages, it is easy for an adjuster to allow the claims system to “verify” or “confirm” coverage. Computers are only as accurate as the information entered in them, so it is important to independently verify electronic information before ever contacting the insured. Likewise, a thorough analysis of an insured’s electronically stored financial information can have a significant impact on the investigation or litigation of a fraudulent claim. During the investigation of a suspicious claim, or during the litigation of a disputed claim or premium audit, the financial information contained in the insured’s or claimant’s electronic records can provide a valuable source of information to help analyze and assess a potentially fraudulent claim. This timely discussion will focus on the use of electronically stored information (“ESI”) and other forensic information to develop, and substantiate at trial, proof of insured fraud. Actual case studies will demonstrate the use of such evidence to establish an insurer's affirmative claims and defenses against an insured's bad faith claims. The techniques discussed may be applied during investigation and litigation, and across lines of coverage. The presenters will address issues relating to personal lines, property and casualty, life and health, and premium fraud cases.      

LIT MGMT - Implementing Business Intelligence for Legal Spend Management – Down in the trenches

Insurance / Risk Management clients can use Business Intelligence concepts to implement an internal Legal Spend Management Solution. This solution will help the organization develop legal strategies, manage costs, and retain the best outside counsel. Our session will discuss the numerous issues that come up during a typical Business Intelligence Implementation, such as Technology Infrastructure, Organizational Involvement, Outside Counsel Support, Communication, and Feedback. The goal of this session will be to bring out practical aspects, discuss implementation problems and their resolutions, and outline best-practices implementation strategies.

LIT MGMT - Runaway Jury Verdicts:  How To Keep Down Damages

There may be a time when your company will face a loss that will effect the very viability of your organization. This session will address effective claims handling techniques for high exposure claims, ranging from catastrophic injury and wrongful death, to professional liability and EPL claims, to contract and business torts. You will be provided specific claims handling techniques to handle high risk claims from inception through trial. This interactive program will provide risk managers with the cutting edge tools to combat emotion, sympathy, and anger to avoid a potentially calamitous loss for your company. You will learn how to develop evidence before and during litigation to reduce settlements and avoid adverse jury verdicts. Three areas that will be discussed in detail are claims handling before litigation, during litigation, and at trial. At each stage, you will not only learn the latest attempts by plaintiff’s counsel to exploit companies and juries (such as Psycho-Drama, “The Reptile” by David Ball, Gerry Spence Tactics, etc.), but more importantly how to respond and diffuse these tactics at each stage of the life of a claim. The program will be interactive, including real life examples of particular large loss claims. This presentation will benefit new and experienced risk managers in handling routine liability claims, to employment matters, to complex products liability and commercial litigation.

LIT MGMT - Sealing the Deal in Class and Mass Aggregate Settlements

Businesses that have been sued by thousands of individuals in mass actions or putative class actions typically want to resolve the litigation as expeditiously as possible.  But settling such massive litigation presents special problems for defendants and their counsel.  While global settlements can offer the benefit of binding resolution, they can also engender procedural and ethical stumbling blocks for defendants and their counsel.  While global settlements can offer teh benefit of binding resolution, they can also engender procedural and ethical stumbling blocks for defendants and their counsel.  Before embarking - at your peril - upon a global settlement offer, come hear this panel discuss the practical considerations and the procedural and ethical issues that arise in class and mass aggregate settlements.  This roundtable session will discuss how risk managers and their counsel can evaluate the pros and cons of class action versus aggregate settlements, and settlements conditioned on the acceptance by a critical number of individual claimants.  In addition, the discussion will address the implications of ethical restrictions that can doom a deal or even lead to possible disciplinary actions against defense counsel Come learn how to structure your class and mass settlement offers by navigating rules regarding conflicts of interest, disclosures, notice to class members (both present and absent), informed consent and res judicata.

LIT MGMT - The Credible Corporate-Witness: What Does it Take to Prepare the Corporate Representative for Deposition?

Corporate fraud, mismanagement of funds, and extravagant bonuses negatively affect the public’s perception of all things corporate.  In the litigation arena, corporations start at an uneven field due to such perceptions – and more.  Plaintiff attorneys artfully target the corporate witness to validate a jury’s pre-conceived notion of the “bad corporation.”  In doing so, they believe that the value of their case increases.  To this end, their first round is the deposition of the “corporate representative.”  This session will provide you the tools to successfully defend that first round in your opponent’s agenda.  The panelists will demonstrate how to prepare the corporate representative for his/her deposition, the nature of the investigation required on the part of the deponent, and the role of the corporation in the deposition of its designated representatives. They will provide you with a road-map on handling certain types of questions, on answering “tricky” questions, and on testifying with “credibility.”. The session is directed to those who often testify on behalf of corporations, to those who do not but may testify, to the attorneys preparing them, and to the corporate officers who designate who will testify on behalf of the corporation. 

MEDICARE - The impact of Medicare Compliance On The Litigation Process And The Efforts Being Taken In Washington And In The Courtroom To Provide Some Light At The End Of The MSP Compliance Tunnel

The evolving laundry list of Medicare based déjà vu questions, like why are there Medicare issues in this case holding up my settlement again?, are we really going to try a case because the Medicare lien is not finalized yet?, and I just got my fifth email today from a different Medicare vendor about their interpretation of the law, who is right?, have nearly paralyzed the litigation and settlement process.  The Medicare Compliance roundtable is assembled of professionals who are looking to engage CLM attendees in a practical discussion about the handling of MSP issues in the litigation process and the efforts being undertaken in Washington that could impact insurance carrier and self insured liability, litigation strategy and claim handling.  Litigators, corporate counsel, risk managers, claims management and claims professionals are encouraged to participate in this open, “scenario” led, roundtable discussion with industry leaders who are involved in the day to day handling of MSP issue as well as those invoking change in the courtroom and pushing for policy changes with CMS and congress.

MUNICIPAL - Employment Liability – Public and Private Entities: Case Evaluation and Claims Handling

Both governmental entities and private employers, and their insurers, are increasingly involved in employment claims which can include wrongful termination, sexual harassment, disability, age and gender discrimination, whistleblower retaliation and third-party discrimination and harassment claims.  These claims involve unique statutory law and court-imposed rules.  This presentation will cover pre and post lawsuit claims handling and evaluation, available defenses, and recent trends and developments in the law, including a focus on the impact of fee-shifting in litigation management, including the setting of reserves, case tracking and strategy, settlement and trial activity. The objective is to explore practical steps to address the wide variety of issues facing the risk manager, insurer and counsel, along with best practices to ensure that employment claims are resolved in the most efficient manner. 

PREMISES - Investigating and Defending the Third Party Criminal Assault Claim

Hear from nationally recognized leaders in loss prevention and claims in this crucial area of law for property owners and managers.  Attendees will evaluate liability and damages issues with our panelists, in sample cases involving assault, battery, rape and homicide.  This will be dynamic and interactive roundtable.

PRODUCT - Claims Handling and Communications with the International Product Manufacturer: “The Good, The Bad, The Ugly”

This roundtable discussion is for those who insure and/or defend foreign product manufacturers as well as those who may be in the chain of distribution of such products or are involved in claims or litigation involving foreign manufacturers, including those that may be joint tortfeasors. Communication and familiarizing the foreign manufacturer with American Jurisprudence and our judicial system goes hand in hand with preparing the defense of the case. The assistance of technical support is critical in this process and special consideration should be given to those who provide such assistance including McCorkel Litigation Services. Observations about the setting of expectations regarding timely and full cooperation from the insured; addressing logistical issues from time differences to appearance at trial; establishing the communication network with the insured and their technical and engineering personnel; determining their association with any international trade groups.  Establishing protocol for the obtaining of product information and records, and the translation to English if necessary; and discussions regarding the distribution chain and other potential foreign parts manufacturers as co-defendants or third-party defendants.

PRODUCT - The Curious Case of the Malfunctioning Tablet - Cyber Risks and You

The panel will examine the ramification of various malfunctions of both a software and hardware nature and the potential ramification to both businesses and individuals. The group Will also examine the various coverage's which are available and could be potentially impacted by such an event .We will present various real world scenarios and take a step by step walk through the various cause/effect outcomes which result from action and or inaction. We will engage in a lively debate as to the merits of each position and solicit feed back from the audience.

PROFESSIONAL - Untangling the Web: Discovery and Claims Investigation Through Social Media

This panel will explore the controversial and exciting subject of social media as a discovery tool in litigation and claims investigations.  This discussion will examine the sorts of techniques that may be employed to search sites including Google, Facebook, Twitter, and YouTube.  The panel will focus on the unique opportunity afforded through social media to assess and investigate the validity of claims.  In addition to using social media, the panel will reflect on the ethical implications involved in using social media sites, and how some states have responded to these issues.  Finally, this panel will analyze real case studies where social media has been used, to provide a comprehensive presentation of the significance of this novel area of the law.

TRANSPORTATION - Dealing with Personal Injury Claims: A Pain in the Neck

Injury claims following vehicular accidents may arise immediately or after significant time.  In many cases the injuries do not seem consistent with the severity of the accident.  In others, the injuries only make sense due to contributory negligence (e.g. lack of belt usage).  The panel will review how carriers can protect themselves, adjusters best can handle claims and ultimately how legal and expert consultants can help defend the case.  Case studies to include:  * Whiplash from Minor Rear Impacts  * Mild and Severe Traumatic Brain injury  * Seat Belt Usage as Contributory Negligence

WORK COMP - Jurisdictional Lines: State, Federal and Compensation Remedies Available to US Workers

The session will focus on understanding the jurisdictional requirements for state and federal workers’ compensation and employers’ liability exposures  under state workers’ compensation acts, the LHWCA, Jones Act, OCSLA and the Defense Base Act.  The primary focus will be on US workers sent on assignments outside the US and maritime workers offshore the US coast, and in foreign and international waters.  The jurisdictional boundaries  be will illustrated through case studies and analysis of the applicable law.  The insurance and industry perspective will be presented with explanation in each case study of the portfolio of insurance coverage required (along with policy endorsements and typical policy exclusions) to ensure that an insured’s risk exposure is covered. 

ADR- Secrets of High-Stakes Mediation: Views from the Parties, Counsel and Mediators

This Panel will discuss proven strategies for identifying when mediation is appropriate in high-stakes and complex claims and litigation; how to select an appropriate mediator; how to tackle thorny insurance coverage issues that may preclude settlement or are intertwined in the context of mediation; along with solid practical advice for conducting negotiations.  Importantly, you will hear from mediator experiences how not to conduct a mediation, as well as a mediator's secret methods for moving the parties together.  The unique perspectives of corporate stakeholders, insurance companies, legal counsel and the mediator will be provided in a lively interactive discussion format.  Variations on traditional mediation that may be appropriate for complex and "bet the company" litigation will be explored.  Attendees will leave this session armed with insider information and knowledge at their disposal for their next high exposure case.

BAD FAITH - Top 10 Reasons Claims Professionals Fear Depositions in a Bad Faith Case

Nothing strikes fear in the heart of a claims representative like a letter from counsel that her or she is to be deposed in a bad faith case.  This session will explore (in Letterman fashion) the “Top Ten” fears most claims adjusters have when being deposed and how they can be allayed – or at least their fears decreased!

CONSTRUCTION - The Art of Litigating the Condominium Conversion Lawsuit and Its Coverage Implications

This Roundtable Session will focus on the unique aspects of condominium conversion litigation, including claims for construction defects, underfunded association reserves, and insurance coverage issues.  This session will walk you through the strategies used to successfully navigate through the unique issues that are presented when an existing structure, typically an apartment complex, is mapped, converted, and sold to the public as private residential condominiums, including how a recent $12 million demand resulted in a final judgment in favor of the condominium converter.

COVERAGE - Product Coverage: What Every Insured, Insurer, and Counsel Should Know About Insurance Coverage Regarding Defective Products and Product Recall

Companies, especially manufacturers of medical devices and pharmaceuticals, are faced with the ever-present risks of a product recall and defending against lawsuits alleging a product defect.  Our panel will impart essential advice on how to handle and address insurance coverage issues that arise when a government agency issues a product recall, how to structure a product recall in order to avoid coverage issues, and how to handle coverage issues related to the defense and settlement of product liability lawsuits.  The panel will examine coverage issues from the perspective of the insured, the insurer, and their counsel.  Knowledge of such insurance issues will help all parties best manage a difficult situation. 

ENVIRONMENTAL - Light at the End of the Tunnel: Strategies for Successfully Managing Mass Tort and Environmental Coverage Litigation

Mass tort and environmental coverage litigation is highly complex and can literally last for decades.  Lost policy issues, difficult venues, changes in case law, public sentiment, and potential bad faith allegations are just of few of the challenges facing the coverage team when prosecuting or defending these unique coverage cases.  In this roundtable, seasoned insurance professionals and panel counsel will discuss and provide useful tips for managing mass tort and environmental coverage litigation.  These strategies will include proper communication with the insured of the coverage position, learning the science behind the alleged injuries as it effects coverage, picking the venue for your coverage litigation, avoiding bad faith set ups, proper reserving, supervising panel counsel and reaching a successful result, among other things.  

FRAUD - The Risk Control Race: Strategies and Best Practices to Prevent and Mitigate Risk

Risk Managers will be given a “roadmap” and strategies to help navigate risk challenges across the entire enterprise, starting with loss prevention, safety, human resources, TPA/carrier, SIU and legal. Speakers will share success stories and discuss holistic approaches to preventing and mitigating risks.  The audience will receive a “Risk Control Toolbox” to help them identify common risk red flags that aid in decreasing losses, lowering expenses, gaining a consolidated view of the risk and improving their competitive position.  From prevention to investigation, attendees will learn how to use the tools in their toolbox to set strategy and best practices to control risk and institute a system to measure results.  Takeaway:  Applying a holistic approach to managing risks  - Modernizing fraud prevention practices for Risk Managers  - First responder checklist: gather critical information at the time of loss - Instituting a system to measure results - Privacy issues and concerns - good faith best practices and avoiding bad faith traps  - Utilizing available tools that aid in the investigation of social networking profiles

LIT MGMT - Challenging Economic Damages

This panel discussion will focus on various ways to challenge and mitigate economic damage claims.   The presentation will explore the potential benefits of case evaluation by specific types of medical specialists, as well as vocational rehabilitation, life care planner, economist and annuity experts.  Participants will discuss how to challenge and cross-examine the plaintiff’s damages experts.   The panel will also address the handling of wage claims made by undocumented worker plaintiffs.  The presentation will include case studies to provide real life application of these concepts.  At the conclusion of the discussion, the audience members will have learned strategies for challenging a variety of damages experts, as well as the numbers plaintiff will “blackboard” at trial.   The panel will discuss factual scenarios that will provide a forum for each panel member to discuss approaches to the same set of facts, as seen from the perspective of the industry professional, the insurance professional, and defense counsel.

LIT MGMT - Cutting Edge Risk Management Techniques In High Profile Construction Wrap-Up Projects- The Madison Square Garden, The Lincoln Center and the New Yankee Stadium Projects, et al

This roundtable discussion will focus on the cutting edge risk management techniques employed on these recent high profile renovations for some of our nation's greatest cultural icons. The session will highlight the unique techniques utilized in the risk management for the projects including worker training and orientation, state of the art safety protocols, accident investigation and on-site medical programs.  The session will include brief descriptions and video/photos of the renovations. This session will also explore cost control methods utilized for the litigation and case handling, experts and third-party vendors,  efficiencies employed with witnesses, document production, depositions and mediations, and settlement.

LIT MGMT - Partnership Innovation: Collaborative Counsel Evaluations

Litigation management involves a variety of processes, strategies, programs and players.  One of the most important elements includes the utilization of the right counsel partner.  While client and counsel hope that each will work towards the same goals and objectives, many times a relationship does not reach its full potential, or fails entirely, due to a lack of honest, timely and targeted feedback.  This session will discuss the concepts of law firm performance management and the benefits that can be obtained through a mutual dedication to collaborative evaluations.  This session will focus on considerations for the content of the evaluations, the proper response of outside counsel to the evaluations, an analysis of tools that can assist with the evaluation process and the overall benefit of the process from an industry perspective.  The discussion will focus on the vital relationship elements of “Partnership”, “Innovation” and “Collaboration”.  These foundational elements help ensure a non-adversarial, “win-win” process, a focus on new and better ways of working together and the mutual sharing of thoughts and ideas.  At the end of the day, the hope is that a Collaborative Counsel Evaluation process promotes an understanding of the needs and expectations of both parties that improves service and outcomes and strengthens the partnership. 

LIT MGMT - Strategy- The Big Difference Between Winning and Losing

Strategic thinking and planning are vital to maximizing your litigation success- plaintiff or defense.  Winning often depends on whether you have the right strategy in place at the right time.  Strategy evolves as the litigation journey evolves - litigation is fluid - facts change - nothing stays static - having a strategic mindset gives you the winning edge!  This "Strategy" program will use hypothetical case studies to illustrate the litigation journey, from pre-suit into appeal, and how strategy comes into play.   Vital issues to be discussed: ·  What is strategy?  How is it defined ?  And how are objectives sought?  · What technical expertise is needed & why?  How the "right" experts help achieve the strategic goal? · What role do pleadings and successful deposition tactics play in fulfilling a winning strategy?  How do you develop effective case theories & defenses?  · What strategies inspire negotiations?  Mediation strategies ?  Trial & appeal strategies?  Many cases evolve, all the while accumulating huge client investments, that exceed budget  without adequate consideration of effective winning strategies.  This program would seek to inspire lively interactive dialogue against the backdrop of hypothetical scenarios.

LIT MGMT - Technology That Creates Efficiencies And Economic Value In Litigation Management

“Informative discussion and demonstration regarding emerging technologies that assist in creating efficiencies and reducing litigation expenses.  The panel will create a mock case and will lead a discussion that focuses on specific litigation phases and applying technology to demonstrate economic value and efficiency.”

LIT MGMT- Alternative Fee Arrangements: Putting Theory Aside, What’s Actually Working and What’s Not?

“Alternative Fee Arrangements” (“AFAs”) have been a topic of discussion for more than a decade.   The dialogue at most conferences between insurance executives, risk managers, in-house counsel, and outside counsel have been conducted primarily on an academic and theoretical level.  There are still a limited amount of participants in the AFA arena, and as a result, there have been few opportunities to hear from those who have actually developed and implemented AFAs.   This program will do just that.  This roundtable discussion will provide an opportunity for attendees to hear and share their real-life experiences using alternative fee arrangements.  Professionals from both sides of these alternative fee agreements will share their clinical experiences, implementation strategies, concerns they had going into the agreements, and observations and outcomes at the end of those agreements. 

MEDICARE - Complying with the Medicare Secondary Payer Statute and its related Regulations

The Medicare Secondary Payer Statute became more widely known when it was amended by the S-CHIP Extension Act (“MMSEA”) in 2009.  The MMSEA requires all Responsible Reporting Entities (RREs) to report settlements, judgments and awards wherein the payee is a Medicare beneficiary.  Reporting is accomplished after the case, but if the Medicare component of a claim is not proactively managed prior to the settlement, judgment or award then any party involved could be liable to Medicare.  The Medicare process is not smooth.  Folks simply wanting to call up Medicare to secure a payoff amount will be disappointed.  The parties to a lawsuit must ensure that Medicare has been notified of a given claim before anyone can learn how much money Medicare paid related to a loss.  It is a process that most of us in the liability industry are learning to understand.  Traditionally, plaintiffs or their attorneys have taken steps to notify Medicare.  Now, post-MMSEA, many insurance plans and self insureds are taking their own steps to provide early notification to Medicare.  If notification is not accomplished early in the claim then the shelf life of that claim will increase.  Join us to learn best practices in complying with this growingly hot topic

PREMISES - Premises Liability for Retail & Hospitality Industry

In the retail and hospitality business the recipe for success calls for more guests to visit our stores on a daily basis!  But with this desire for success comes risk.   Each customer who visits one of our locations has his or her own gait, possible physical limitations and levels of coordination, sobriety and attention.  Accordingly, making a property reasonably accessible, presenting goods for sale in a safe and reasonably accessible manner, and maintaining the property reasonably free from hazards for such a variable client base can be a challenge.  With dynamic input from the audience, this panel consisting of a senior claims handler, a defense attorney and a forensic engineer/certified safety professional will discuss the challenges, victories and learning experiences of defending and investigating premises liability claims in the retail and hospitality industry; and how to hold our customers responsible for their actions.   

PRODUCT - Effective Investigation of Product Liability Claims

Historically, products liability claims have been an evolving area of the legal industry.  This is due, in part, to the constantly developing "state of the art" of technology and new products, which, in turn, lead to developing theories by plaintiffs as to causal liability.  It is important to understand this history and developing nature of products claims when undertaking an initial investigation or evaluation of a claim.  A case can be won or lost based on the actions taken during the first two weeks after an accident.  Through this roundtable, we will discuss the need to conduct investigations in light of known and developing theories as to a project and how to best preserve evidence in regard to these efforts.  Included in this is the benefit and necessity of incorporating individuals that have an intricate understanding of the alleged defective product as well as the litigation history or theories that have been raised in the past.

PRODUCT - The Nuts & Bolts of Handling Building Products Class Action Suits

Safe and professional building products are a necessity for construction projects of all sizes.  A failure or a defect present in a building product can lead to extensive financial damage and hazardous situations.  Recently, there has been an increased trend toward class action claims in housing and construction projects regarding the products incorporated into the buildings themselves.  Specifically, this discussion will address the best practices approach to defending targets of these class action claims such as Chinese Drywall, Yellow Brass, and Swiggle Spacers/Window Products.  The effects from the resulting class action claims reach far beyond the builder and often into the realm of national and even international manufacturers.  These claims can stretch across multiple litigation districts and venues nationally and potentially internationally, which are often costly to pursue and defend.   This discussion will also examine the reach of the US court system as it reacts to this new breed of claims and ways to better streamline these types of cases toward efficient resolution. 

PROFESSIONAL - Employer Liability for Workplace Violence

Workplace homicides are now the seond highest cause of work-related deaths in America, trailing only transportation fatalities.  The average regail employee is more likely to be shot fatally by a co-worker than a construction worker is to fall to his death, or be killed by heavy operating equipment.  This roundtable will provide an overview of workplace violence, including the types of violent acts and industries which are especially vulnerable, with a focus on healthcare facilities.  We will then examine the legal theories pursuant to which an employer might be liable, including OSHA and common law claims for negligent hiring, supervision, training and retention.  We will also look at practical steps for preventing workplace violence, using case studies to demonstrate best practices for hiring and supervising employees, developing workplace voilence policies, and creating a safe workplace culture.  Finally, we will discuss how employers should respond to workplace violence, including conductinga nd investigation, improving safety of physical facilities, and offering assistance to employees affected by workplace violence.

PROFESSIONAL - You Can’t Tweet or Post That! Managing Evolving EPL Social Media Claims and Risk Management Issues

This panel will address:   •The pitfalls to avoid when using social media to screen potential employees or make employment decisions;  •Potential liability arising from employee use of social media at work and at home;  •How to find the social media that is the right fit for the employer;  •Privacy concerns arising from employer and employee use of social media;  •How to use social media to defend against EPL claims; and  •EPLI coverage related to the use of social media by both employers and employees. 

TRANSPORTATION - What Keeps Risk Management and Safety Professionals Awake At Night?

CSA, SAFER, EOBRs, driver scorecards, preventability determinations. These and other issues provide daily challenges for Safety Directors, Risk Managers, and Claims Professionals. This panel, consisting of a Motor Carrier  Safety Director, a Senior Vice President of Claims for a trucking and bus insurer, and two experienced transportation lawyers will discuss managing the issues which go into  trucking and motorcoach claims and litigation, separate and apart from what happened on the roadway.

WORK COMP - Medicare Issues - Latest Developments on Medicare Liens, Penalties and Recovery Efforts

This program will address the three primary areas involving Medicare and CMS: (1) Conditional Payments; (2) Section 111 Reporting and, penalties; and (3) Medicare Set-Aside Arrangments.  The discussion will focus on practical steps for handling Medicare issues from the perspective of a Risk Manger, a Workers' Compensation Director, an Attorney and an Expert.  The panelists will discuss how the to properly consider Medicare's interests and develop best practices for resolving claims quickly and efficiently.  This session will also appeal to those handling liability claims.

BAD FAITH - The Tripartite Relationship: Ethics, Good Faith and Conflicts of Interest

This session will be a case study roundtable presentation of issues and discussion of the tripartite relationship.  The focus will be on questions of legal ethics, bad faith and conflicts of interest, with minimal attention given to the mechanics of when insurers are required to provide conflict counsel to their policyholders.  Just as the title suggests, the ethical problems discussed will be presented from the triple vantage point of defense counsel, insurer and defendant.  Case studies will be presented in which defense counsel, the insurer and the defendant are in an actual, perceived or potential conflict.  For example, we will discuss a case where there are covered and non-covered claims against the policyholder and undertaking a particular litigation strategy might offer a better probability of success, but if not successful would imperil coverage for the claim.  Other case studies will be around disclosures made to counsel which implicate the policyholder in an insurance fraud or other criminal behavior.  Further examples might explore litigation management issues arising out of a conflict between the insurer’s need to control costs and counsel’s role as a zealous advocate.  Brief introductions to the topic will be made by an attorney (legal ethics), a claim manager (good faith), and a corporate attorney or risk manager (conflicts of interest).   Actual examples will be used to avoid the discussion being hyper-theoretical, and the facilitated discussion will focus on possible strategies for avoiding or resolving such ethical or conflict issues.

CONSTRUCTION - Construction Defect Coverage: Now You See It, Now You Don’t

Topics discussed  -What is an occurrence: How courts continue to tinker with this threshold concept;  -Additional insureds and the rising anti-indemnity tide: Legislative disapproval of contractual indemnity language and the effect upon additional insured coverage; -Per claim and per occurrence deductibles and SIR’s: How courts struggle with counting; and  -Tomorrow’s construction defect claims today: How the green revolution will affect future coverage litigation

COVERAGE - Over the Cubicle Wall:  Dilemmas in the Cross-Adjusting of Claims

In the adjustment of both first-party and third-party claims, it is not uncommon for a single insurance carrier to have separate adjusters assigned to handle separate issues or claims stemming from a single accident or occurrence.  Examples include the simultaneous handling of liability and property claims, and situations in which a coverage adjustor is assigned.  In these situations, it is generally well understood that the separate adjustors are to work independently and are not to "cross-adjust."  In this roundtable, Michael Alper of Wheeler Trigg O'Donnell LLP and Rory Francis of Allstate Insurance Company will draw on real-life case studies to examine how to avoid bad faith liability and other pitfalls of cross-adjusting.  The session will approach the issue from both the legal and best-practices perspectives.  Issues to be considered include the following:  (1) When does cross-adjusting violate legal or industry norms?  (2) What are the "red flags" that claims professionals and outside counsel should watch for in avoiding improper cross-adjusting of claims?  (3) What are some best practices for claims professionals to follow?  (4) What role does outside counsel play in helping avoid the pitfalls of cross-adjusting?

COVERAGE - Tripartite Conflicts for Insurance Defense Counsel

A panel discussion addressing the ethical and legal issues faced by counsel, insurers and policyholders where an insurer is defending under a reservation of rights. The discussion will touch on defense counsel's obligations, how best to avoid malpractice claims when appointed by the insurer to defend the insured under an ROR, steps an insurer can take to avoid bad faith claims in such situations, and when independent counsel should be retained. This session also will address specific steps that can be taken by all involved to avoid disputes among insurer, policyholder and defense counsel including appropriate engagement letters and informed waivers as well as a discussion about how the courts and ethics rules of various jurisdictions have dealt with these issues. Finally, hypothetical scenarios will be presented to the audience for discussion.     

ENVIRONMENTAL - Looking at Environmental Claims with a New Set of Eyes

The session will discuss an approach to evaluating causation, damages and cost allocation of environmental claims by reviewing the file using techniques not oten employed by environmental scientists and engineers.   *Forensic Accounting; *Construction Claims Techn; *Statistical Data Analysis. 

FRAUD - SIU: Two Perspectives on Investigating and Litigating Insurance Fraud 

This panel, comprised of industry representatives and attorneys, will facilitate a discussion on current tactics and tools being used in the industry to combat insurance fraud.   Specifically, the discussion will focus on the best practices in identifying and investigating insurance fraud and how today's seemingly pervasive social media can be a powerful tool in this regard.   Included will be a discussion on how the courts have either allowed or limited access to a plaintiff/claimant's social media accounts." 

LIT MGMT - The Missing Link: Developing Law Firm Metrics to Meet Your Client's Goals

This session will focus on how metrics are used by clients to evaluate law firm performance and examples of the metrics most frequently used to measure results.  Other areas of discussion will include: How do clients determine which metrics are most important?  Should law firms provide metrics as part of their service?  How much transparency should there be between firms and clients with captured metrics?  How can firms best implement the capture and reporting of metrics?  How to identify and rectify discrepancies between law firm and client metrics. How can capturing metrics can improve guideline compliance?  Participants will learn methods used by law firms and clients in establishing, managing and utilizing metrics in Litigation Management.

LIT MGMT - Up Front Litigation Management -Reducing your costs and risk through tiered strategies

Ever wish you could cut through the time and expense once negotiations fail and the matter heads toward litigation?  How can you proceed right to meat of the issue(s) to close out the claim? You will leave this session with a brand-new approach on how to do so. This round table discussion will identify and discuss systematic strategies for avoiding protracted discovery and litigation expenses when negotiations break down.  This interactive discussion will solicit audience involvement and provide solutions to common issues for risk managers and attorneys.  By soliciting examples from the group and "whiteboarding solutions" attendees will be given proven real life strategies for reducing costs and cycle time, while maintaining excellent indemnity results.  The group will provide tiered solutions which include automatic ADR steering, agreed focused discovery plans, and single issue dispute resolution. Rather than presenting in the abstract attendees will gain insight from real world statistical models from litigation management and ADR.    The panel will discuss Venue concerns, managing opponents expectations, and utilizing available resources in order to achieve success.

PREMISES - Top 5 Litigation Mistakes Retailers Make (And How to Avoid Them!)

Ever look back on a premises liability claim and think of things you would have done differently?  Here’s a chance to avoid those mistakes from the onset, and proactively take control of your most difficult cases.  This all-star panel of retail industry professionals will give you real-world, practical take-aways that are guaranteed to empower you to avoid common mistakes.

PRODUCT - Investigating And Defending Foodborne Illness Cases

The claimant believes he was sickened from eating food from your client’s/insured’s store or restaurant, and believes others may have been sickened too.  Was it an outbreak or a sporadic case? Or was it related to anything the claimant consumed at all?  The panel will explore the environmental, epidemiological, biological/medical and laboratory evidence and analyses of such claims including best practices for investigating each of these areas, and developing defenses.  Selection of retained experts, and the role of government agencies in your investigation and defense will be discussed.  The public commonly associates illnesses with the last meal consumed, and such common misconceptions with respect to foodborne illnesses will also be discussed.

PRODUCT - Product Liability Claims in the Internet Age

It is daunting to consider the sheer volume of  both both good and bad product information that is available online. Nevertheless, it is a mistake to simply turn a blind eye to online resources when defending a product defect claim. On one hand, new challenges are presented by everything from government sponsored "complaint" websites, to Twitter and Facebook accounts dedicated to the latest health scare,  to plaintiffs' counsel’s use of "chat rooms" to identify potential mass tort claimants. At the same time, product companies can employ social media to their benefit, such as in connection with product recalls, locating impeachment material for use in litigation, providing quick responses to their customers' inquires through company sponsored websites, chat rooms and help lines, and debunking "junk science" in the public debate. In fact, those companies that embrace the new media and work to manage it enjoy far better sales and stock price results, even after a negative incident, as opposed to those who fail to get their message across to the public or are perceived to deliver a negative message.  Join us for a discussion of the promise and problems of a wired world and its role in product liability defense.

PROFESSIONAL - A Difficult Choice: Confronting Catastrophic Damages with Alternative Solutions

In the past, the defense team involved in working up a serious injury case has always had to grapple with whether the strategy of their case should include challenging the damages portion of the plaintiff’s case, fearing they were conceding on liability.  The Difficult Choice in developing this defense strategy is not whether to argue damages, but whether you risk allowing the jury to set the value of the case.  Our discussion will examine using expert testimony to challenge many aspects of the plaintiff’s damages case thereby helping lessen exposure. The use of Economists, Life Care Planners, and Annuities (where allowable) and no-cost Government plans can help the defense present an alternative damages argument to help even the playing field in front of a jury. Further, we will discuss how the use of structured settlement proposals can address plaintiff’s damages and assist in lessening exposure for insurance providers.  Developing a case strategy that includes a discussion on damages in most large exposure cases allows a jury to hear alternatives, and this information can help mitigate exposure for clients and carriers alike.

PROFESSIONAL - Whose Line Is IT Anyway? – Unwelcome Cyber-surprises in Risk Management and Litigation

Thank goodness for the convenience of smartphones and GPS, wi-fi and the internet, oneclick shopping and online banking, social networks and life in the age of Google. Yet, we hear constantly of problems with technology – privacy invasions, hacking, intellectual property infringement, computer fraud and abuse violations, business interruption, COPPA compliance, libel, data loss, and other potential liabilities.  Although true “cyber cases” may be rare, technology issues are often buried in ordinary claims, where they rehabilitate the image and the goodwill of the business, to remediate risk to potentiallycan undermine the viability of a planned defense or explode the cost of litigation.  Every day, professionals, businesses, and insurance brokers are challenged with trying to incur costs to repair databases, to notify potential victims and government agencies, toanticipate and insure against cyber risks that lurk in even the most mundane business and professional activities. Which risks are covered under which policies? The insured affected credit ratings, or to pay damages or fines. Will cyber insurance policies, technologymay E&O policies, or any other IT related products cover all risks or pay for all costs and damages?  This roundtable discussion will help to identify and overcome some of the hidden cyber challenges that should be keeping you up at night – whether you are in-house counsel, insurance claims professionals, or defense counsel.

WORK COMP - Tort Claims Arising from Workers Compensation Claim Handing and Utilization Review

Discussion and materials will focus on the viability of tort claims in various jurisdictions across the country which arise the workers’ compensation claim handling primarily through the use of Utilization Review.  Can workers’ compensation insurance carriers and third-party administrators incur tort liability from of an increased and aggressive use of tools for limiting medical costs such as Utilization Review?  Utilization Review has been an effective tool in many states for determining whether a suggested medical treatment plan is appropriate.  Many states have adopted statutorily rules and regulations supporting its application and relevance in workers’ compensation cases.  Some carriers have adopted policies where all recommended treatment with a certain treatment codes, or involving substantial expense, be submitted to Utilization Review before being approved.  Utilization Review as a regulatory measure for insurers and administrators has given rise to new litigation including tort claims connected with an alleged intentional withholding of medical treatment.  Although these cases are few, the issue is gaining momentum and warrants closer scrutiny.  This topic will examine the recent and ongoing litigation concerning intentional tort claims arising out of the alleged misuse of Utilization Review. It will explore the factual scenarios that can lead to such claims and attempt to provide claims administrators with practical information to reduce the risk of involvement in such litigation.