Breakfast

Premiere Session 1 - Transferring Risk in the Retail, Restaurant & Hospitality Arena

• Speakers:

• 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.

Break

Session 1 - Active Shooter Coverage and Lessons Learned After an Active Shooter Event

• Speakers:

• 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.

Takeaways:
- 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

• Speakers:

• 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. 

Takeaways: 
- 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

• Speakers:

• 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.

Takeaways:
-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.

Lunch

Session 2 - Color Blind: Restaurant and Retail Liability for Alleged Racial Discrimination

• Speakers:

• 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.

Takeaways:
- 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

• Speakers:

• 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.

Takeaways:
-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

• Speakers:

• 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.

Break

Session 3 - Getting Camera-Ready: Leveraging Surveillance Technology to Defend Against Excessive Force Lawsuits

• Speakers:

• 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. 

Session 3 - How to Manage a Slip/Trip/Fall Case in a Retail, Restaurant or Hospitality Environment

• Speakers:

• 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

• Speakers:

• 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. 

Break

Session 4 - The Blame Game – When Temporary Workers are Involved, Who is Responsible?

• Speakers:

• 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. 

Session 4 - The Impact of Human Trafficking on the Retail and Hospitality Industries

• Speakers:

• 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. 

Takeaways:
-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

• Speakers:

• 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.