2019 CLM Retail, Restaurant & Hospitality Conference
Opening Session / Keynote - The Superpower of “Y”
An interactive session about You, your whY, and the everyday choices you make and actions you can take to be the best version of You.Back to top
Premiere Session 1 - Transferring Risk in the Retail, Restaurant & Hospitality Arena
Cathleen Kelly Rebar, Rebar Kelly
Jessica O'Neill, Markel Service, Incorporated
Julie Price, CAVA + Zoe’s Kitchen Restaurants
Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP
A robust economy is often seen as a boom for those in the retail, restaurant and hospitality sectors. Sales at restaurants will hit $825 billion in 2018, according to the National Restaurant Association (NRA). Retail sales in 2019 are expected to slow a bit, but still expand at least 4%. The U.S. hotel industry is also projected to continue on its record-breaking performance run through 2019, according to the revised forecast issued by STR and Tourism Economics’ at the 10th Annual Hotel Data Conference. However, as these numbers increase the number of claims and losses will invariably follow. This presentation will focus on some of the various options available to these sectors as they seek to transfer the increased risks of loss.Back to top
Session 1 - Active Shooter Coverage and Lessons Learned After an Active Shooter Event
Garrick Gallagher, Sanders & Parks, P.C.
George McCall, Faegre Drinker Biddle & Reath LLP
Kevin Spencer, AXA XL
Lori Wood, Resort Hotel Association
Discussion will center around high-profile active shooter claims and litigation, lessons to be taken from such claims, and the coverages now on the marketplace for such claims.
- While active shooter incidents are rare, the numbers are continuing to rise.
- Insurance companies now offer policies insuring against active shooter events, but coverage is also often sought by insureds under CGL, first-party property and other policies. Active shooter policies may offer additional risk management protections and consultant services.
- There are steps business owners can take to protect their employees and business invitees.
Session 1 - Beating the Reptile with a Persuasive Narrative: A Case Study from Alameda County
Paul Caleo, Burnham Brown
Katrina Lindsey, Office Depot, Inc.
Lyle Tenpenny, Starbucks Corporation
Holly Marie Wilson, Reminger Co., LPA
This panel discussion will review and analyze a recent defense verdict obtained by Starbucks Corporation in a jury trial in the notoriously "plaintiff friendly" venue of Alameda County, California, when faced with claims of premises liability and negligence resulting in serious injuries to the plaintiff including traumatic brain injury. Learn how the defense rebutted the plaintiff's argument that this trial was about "public safety" by presenting a persuasive narrative of how the employees responded to the presence of a dangerous condition to the customers based on their training and safety protocols and the dynamic of choice this created for the jury. The panel will also discuss how the CCTV footage was used at trial to support the defense. We will review and explain the significant pre-trial ruling that resulted in the exclusion of the plaintiff's very well known retail safety expert's opinion as to the "industry standard." Additionally, the panel will discuss the considerations that were evaluated in determining whether damaging sub-rosa of the plaintiff should be placed before the jury and how it might impact the dynamic of the jury deliberations on fault. These issues will not only be discussed in the context of this successful jury trial but also how other national retailers and their corporate counsel and claims professionals manage similar risks.
- Basic understanding of Geometry and Mechanics of Walking. Understanding human ambulation and gait to be able to interpret the causes of slips, trips, and fall incidents and appropriate use of a tribometer.
- Understanding what coefficient of friction is (COF), the difference between static and dynamic coefficient of friction, and how they relate to tribometry, walking dynamics, and walkway surfaces.
- Terminologies in the area of tribometry will be presented for better overall understanding and communication of slip and fall incidents and the equipment used to evaluate them.
Session 1 - Claims and the Great Outdoors
Edward J. Batis Jr., JD, CLMP, Ortiz & Batis, P.C.
Julianne Camacho, Self Employed
Ruben J. Olvera, Farmer, House, Osuna & Olvera
Heidi Strommen, Prohost
In restaurants, patrons enjoy dining and "al fresco" time in outdoor seating, by a fire pit or at the Tiki bar. These settings may not be quite as relaxing for the owners and insureds when claims are filed. Our speakers will share how these unique claims progress and their effect on total cost of risk for restaurants and other hospitality settings.
-Risk avoidance should be considered in the planning stages of creating or utilizing an outdoor space for patrons.
-Ensure adequate insurance coverage for all types of risks in these types of environments and understand the costs associated with these coverages.
-Be aware of the different types of personal injury claims that may arise in these environments, the standards of proof and available defenses, and the types of investigations that can assist from notice of claim to jury verdict.
Session 2 - Color Blind: Restaurant and Retail Liability for Alleged Racial Discrimination
Andrew W. Bray, Self Employed
Carla Renee Eastwood, Mode Transportation LLC
Vanda Harris, Ironwood Insurance Services
Le Andra Holly, Staples, Inc.
From the perspectives of defense counsel, a national employer, and a broker, this presentation will discuss racial profiling – what it is, how it happens and your company’s responses to these claims. We will also discuss strategies and tips for training managers and employees to avoid racial bias and profiling in their interactions with retail customers.
- The attendee will learn about the different types of profiling claims and legal defenses.
- The attendee will learn about the various types of insurance coverages that may be involved in these types of claims.
- The attendee will learn about the training, policies and programs to put in place to potentially limit the frequency of these claims.
Session 2 - Don’t Get Tripped up on Tribometer Misinformation: The Truth and Myths on Various Tribometers
Pam Colpoys, Ashford, Inc.
James Eiler, Murchison & Cumming, LLP
Wayne Maynard, Liberty Mutual
Tom Parco, Rimkus Consulting Group, Inc.
This session will be a discussion and presentation of information on Tribometry (study of coefficient of friction, friction forces, and wear volume, between two surfaces in contact as it relates to human ambulation) and the use of various tribometers (or walkway slip measuring devices) in the industry. The presentation will provide information on the legal aspects of slip and fall incidents, advantages and disadvantages of various tribometers, truths and myths of tribometers and tribometry, industry standards, industry standards organizations, human ambulation, research studies, and coefficient of friction of walking surfaces.
-Basic understanding of Geometry and Mechanics of Walking. Understanding human ambulation and gait to be able to interpret the causes of slips, trips, and fall incidents and appropriate use of a tribometer.
-Understanding what coefficient of friction is (COF), the difference between static and dynamic coefficient of friction, and how they relate to tribometry, walking dynamics, and walkway surfaces.
-Terminologies in the area of tribometry will be presented for better overall understanding and communication of slip and fall incidents and the equipment used to evaluate them.
Session 2 - Drug and Alcohol Testing in the Workplace: The Messy Process of Ensuring a Clean and Sober Workforce
David Marshall, Marriott Vacations Worldwide Corporation
Mackenzie Monaco, Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C.
Christopher Page, Young Moore and Henderson, P.A.
Cameron Shirley, P.F. Chang’s
Workplace drug and alcohol testing is an expensive and sometimes controversial subject. But with marijuana now legal in some capacity in more states than it is not and abuse of prescription drugs reaching an epidemic level, employers may need to rethink their positions and revise their policies. Employers may also need to consider special circumstances such as safety-sensitive positions, ADA accommodations, and employee assistance programs. This panel's interactive presentation will address these concerns and provide practical advice for employers.Back to top
Session 3 - Getting Camera-Ready: Leveraging Surveillance Technology to Defend Against Excessive Force Lawsuits
Kristi Blackwell, Tyson & Mendes LLP
Ed Burtnette, Corvel Corporation
John Greenslade, Biggs & Greenslade
Alleged excessive force and discrimination by the police is a hot-button issue, fueling lawsuits across the country. Unfortunately, there has also been a similar surge of claims against retailers as a result of customer interactions with on-site security and loss prevention personnel - leading to expensive lawsuits that have the potential to severely tarnish a business’s reputation and bottom line. Given the current political climate, many companies are afraid to defend these claims in the public eye. Rather than settling, retailers should make better use of their current surveillance systems to help determine the credibility of a claim and defend themselves, should a lawsuit arise. This panel with expertise in insurance claims handling and retail, restaurant, and hospitality risk management provides strategies and best practices for utilizing security technology to not only defend against a lawsuit, but prevent incidents altogether.Back to top
Session 3 - How to Manage a Slip/Trip/Fall Case in a Retail, Restaurant or Hospitality Environment
Tamara Cohen, ARCCA, Inc.
Kelly Hopper Moore, Liberty Mutual
Wendy Lanphere, CCMSI
William J. Mitchell, Bongiorno, Montiglio, Mitchell & Palmieri, PLLC
When investigating STF cases, a biomechanical engineer will analyze both the injured party’s behavior as well as the specific factors of the incident, including human movement, human factors, and injury biomechanics. We will discuss the kinematic differences between a slip and a trip, as well as the types of injuries resulting from each. In addition, factors related to engineered environments (building codes, ADA and design standards) and natural environments (weather and illumination) will be covered.
After discussing the natural environment of the retail location, we will focus on protective risk-transfer considerations and include identifying the retailer’s potential risk transfer targets. Moreover, we will analyze pre-loss contract drafting tips, including key concepts to apply to the retailer’s risk transfer portfolio, as well as words/phrases to add to contracts and words/phrases to avoid.
Session 3 - If You Could Read My Mind Love, What a Tale My Thoughts Could Tell
Michael Archie, AXA XL
Melanie R. Cheairs, Lorance Thompson, P.C.
Benjamin Jones, Lewis Thomason, PC
Kendra Schropp, Freeman Company
In today's fast paced world, both clients and attorneys are forced to keep current on constantly changing issues and problems that confront them every day. Both face pressures unique to them and off of the other's radar. So, how do we best maximize the working relationship between each other? What, in candor, does the client really want from the attorney. What are In House Best Practice tips, that Clients can give attorneys? What do attorneys need from In House Counsel? How do we all manage it all and support one another? This panel takes a deep dive into how clients and attorneys can better communicate to become more valuable partners.Back to top
Session 4 - The Blame Game – When Temporary Workers are Involved, Who is Responsible?
Shelby Beshara, Employee Solutions
Clay Dalheim, Boyd, Shackelford, Barnett & Dixon
Elisaveta Dolghih, Lewis Brisbois Bisgaard & Smith, LLP
April Goff, J. C. Penney Corporation, Inc.
We will discuss joint employer, discrimination, union, criminal, no-poaching and a variety of other legal issues that often arise when the staffing agencies are part of the employment equation. We will look at these issues from the perspective of the staffing agencies as well as the companies that use such agencies and will discuss the best practices that help minimize the risk of litigation.Back to top
Session 4 - The Impact of Human Trafficking on the Retail and Hospitality Industries
Brad Bonnell, Self Employed
Melanie Copic, Brinker International
Antonio Gracia, Self Employed
Richard Keating, Swanson Martin & Bell LLP
Human trafficking impacts the retail and hospitality industries more so than any other industry. Whether it is the illegal sex trade or forced labor, human trafficking can and does occur at many established brands without any knowledge of the location supervisors or the corporate leadership. In this session we will discuss this much misunderstood crime, learn how to spot the signs, and how to train your staff and clients on the resources available to combat this problem.
-Learn what Human Trafficking is from experts in the area and most importantly how to spot it in both the labor and sex trade areas so as to protect your client and the reputation of its business.
-Learn how to implement plans and access resources for the operators of retail and hospitality businesses to help prevent Human Trafficking at your clients.
-Learn what exposure or possible liability might exist for the retail and hospitality and how to protect against them.
-Learn what involvement your retail and hospitality client may have in an investigation or prosecution.
Session 4 - Websites: Premises Access and Other Potential ADA Claims that are on the Rise
Dove Burns, Obermayer Rebmann Maxwell and Hippel LLP
Claudia Costa, Gordon & Rees LLP
Marc Galindo, Beazley
Kristen ONeill, Hanover Insurance
Martetta Thompson, Hiscox
In the first half of 2018, there were more website accessibility claims filed then for all of 2017 and there is no sign of them slowing down. Repeat Plaintiffs are filing hundreds of claims for improper access to facilities; but, Defendants are fighting back. This panel shall discuss the rise in these claims and how to minimize the exposure; as well as, successful challenge to such claims that may be worth exploring.Back to top
Closing Keynote - Knowing Fear & Overcoming Obstacles
Dirk Weisiger is a travel trekker, trick roper, author and motivational speaker. After 25 years of a successful insurance business, he was motivated to ride his motorcycle to the bottom of the world, Tierra del Fuego. Learn how to face fears, overcome obstacles and reach goals as he takes you on a ride from Texas to the tip of Argentina!Back to top
Session 5 - If the Phone Doesn't Ring, It's Me. From Hospitality to Retail-ity...Getting the Results You Want from the Case You Have
Thomas Margiotti, ADR Answers
Kristy McPherson, Invitation Homes
Robert Palmer, Robert C. Palmer III LLC
It is true that not all cases are equal. And as a result not all cases settle in the same manner. Different cases require different handling techniques in order to achieve forward advancement and in the event of ultimate good fortune, a global settlement. This panel will address how to advance settlement utilizing fair, efficient and effective dispute resolution strategies. Specifically, how fast, efficient and fair dispute resolution can help your clients retain customers and stop negative reviews. Is dispute resolution in the Hospitality Industrity different or should it be? The panel will touch upon key elements of settlement and settlement agreements and will discuss questions including: Is a well drafted Forum Selection Clause the best way to deal with inevitable disputes? Confidentiality...Is it with the price of admission? Can we turn a crisis into a Loyalty Moment? And finally, Online Dispute Resolution Opportunities... Is the future now?
Session 5 - The Parking Lot is Full (of Risk)
Joseph Bias, Self Employed
Benjamin Irwin, Haag Global, Inc.
Sherri Johnson, Aimbridge Hospitality
Louis (Ray) Wood, Rimkus Consulting Group, Inc.
Everything you wanted to know about parking lot/garage claims. During this session, we will discuss and review parking lot and parking garage claims, including signage, security, lighting, water/snow/ice mitigation and defense strategies. We will review best practices and also talk about ride-sharing pickup locations and where to put them to ensure the safety of your guests.
Session 5 - Workplace Violence in the Retail, Restaurant and Hospitality Industry: Preventative Best Practices, the Employer’s SECURITY Responsibilities Under the Law, and the Roles Played by HR and Security
Mike Bassett, The Bassett Firm
Kristin LaGregs, Willis Towers Watson
Donald St. Denis, St. Denis & Davey, P.A.
Todd Wright, Tetco, Inc.
Every year, 2 million American workers report having been victims of workplace violence. In 2014, 409 people were fatally injured in work-related attacks, according to the U.S. Bureau of Labor Statistics. The FBI has designated 50 shootings in 2016 and 2017 as active shooter incidents (20 incidents occurred in 2016, while 30 incidents occurred in 2017). This session will feature leaders from the hospitality, insurance, and legal industries discussing best practices you can implement to not only reduce your exposure to such acts of violence, but be better prepared to handle such a situation if it arises.This is a can’t miss session for anyone responsible for customer and employee safety in the workplace.Back to top
No Learning Objectives Available