Gospel Breakfast!

Not just a bagel and schmear – a full, hot New Orleans breakfast with some incredible sounds to get you going.

Session 1 - Hardball: Cutting Edge Litigation Management Strategies

• Speakers:

• Richard Fabian, RiverStone Resources LLC

• Steven Janik, Janik, L.L.P.

• Paul Koepff, Clyde & Co

• Preston McGowan, Private Client Select

• Bruce Meckler, Retired

• Frederick Nance, Squire, Sanders & Dempsey

• Paula Watson, Foreside Financial Group, LLC

A hard-hitting, moderated forum addressing cutting edge litigation management strategies and ethical considerations employed by the insurance industry and corporate America. Hardball will examine the use of existing strategies, the implementation of new and improved litigation management protocols and the effectiveness of these strategies to reduce legal spend and improve the quality of the product. This panel will include leading representatives of the insurance industry, corporate America and law firms throughout the United States.

Networking Break

Roundtable 1 - 1st Party Bad Faith Obstacles and Options When Dealing with an Uncooperative Insured

• Speakers:

• Christopher Carucci, Gallagher Bassett

• Marc Giovannetti, Engle Martin

• Philip C. Silverberg, Mound Cotton Wollan & Greengrass

The objective of this roundtable session, presented by in-house and outside counsel as well as an insurance claims professional, is to address the obstacles that often arise during a difficult property claim investigation and adjustment. Topics to be addressed will include how best to handle situations where there is evidence of possible fraud or claim inflation, the policyholder is being uncooperative, and/or there is an effort to orchestrate a bad faith case against the insurer during the adjustment process. The discussion will focus on solutions that balance the insurer's right to conduct a thorough investigation along with its obligations under unfair claims practices/insurer bad faith laws. This roundtable will use a case study approach to facilitate discussion of these issues.

Roundtable 1 - A Business Intelligence Approach to Manage Legal Spend

• Speakers:

• Ronald del Pino, Quovant

• Nicky Mukerji, Self Employed

• Paul Norkett, Sedgwick

• John Petrycki, Donnelly, Petrycki and Sansone PC

Risk Managers and Insurance/Claim executives are constantly faced with a challenge- “How do I choose, develop, and retain outside counsel who will provide effective and efficient legal representation for my matters?” The session focuses on this question and presents a balanced approach by weighing subjective and objective factors to arrive at an answer. The situational case studies will introduce scorecards and other business intelligence tools, and discuss various indicators that could be used to measure performance and efficiency. The discussion will focus on management of legal spend by the effective combination of objective scorecards and subjective criteria.

Roundtable 1 - A Twist in Standard Mediation: The Insurer and Structure Broker are at the Table

• Speakers:

• Mark Bunim, NAM (National Arbitration and Mediation)

• Dennis Franchetti, Allied World

• Butch Knowlton, Ringler

• Thomas J. Little, Sedgwick

A standard mediation involves a plaintiff, defendant, their counsel and the mediator. However in cases where there is coverage for the loss, the insurance representative with full settlement authority must attend, and in many instances, a structured settlement broker will also be at the table. These latter two non-parties introduce a unique element into the process. The insurance claims representative becomes “the audience” and the focus of the mediation is geared to them. The insurance representative usually invites the structured settlement broker. A good broker plays a key role as a settlement promoter and helps facilitate the process. The broker adds a unique dimension to the often polarized sides and becomes an ally of the mediator to help navigate the parties to an agreement. The claims representative and settlement broker should be “primed” to expedite the process and achieve cost-savings. In this discussion we will explore this fascinating dynamic with examples, war-stories and advice for attorneys, insurers and brokers on how to best position their arguments and interactions to achieve a positive result.

Roundtable 1 - Balancing Act: Dealing with Allegations of Bad Faith When Coverage Is Disputed

• Speakers:

• Larry Beemer, Suite 200 Solutions

• Tim Diveley, Self Employed

• Robert T. Horst, Horst Krekstein & Runyon LL

• Michael Pfister, Duplass, APLC

This roundtable will provide advanced tactics, advice and practical considerations for insurers dealing with allegations of bad faith when coverage is being disputed, and will discuss what reasonable claims handling, along with analysis of effective tactics and strategies in handling threats of bad faith.  The panel will also lead a discussion into trends in the law in various jurisdictions.  Issues to be addressed will include: 1- Dealing with your insured during a coverage dispute when there's a pending liability action against the insured. 2- When an insured rejects a reasonable opportunity to settle. 3 - Can a carrier settle over an insured's objection. 3 - How to handle and maneuver through large deductibles or SIR's . 4 - Diagnosing and avoiding the bad faith "set-up

Roundtable 1 - Connecting the Dots on Medicare Compliance: Balancing Medicare's Interests with the Need to Resolve Claims

• Speakers:

• Kevin Confetti, University of California

• Ebru Craft, My Risk Mgr

• Robert Lewis, ISO Claims Partners

• Leo McCann, Sedgwick

• William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.

This roundtable discussion will take a look at Medicare issues and compliance from a holistic approach in both form and practice. It will address the three aspects of Medicare compliance: (1) Section 111 reporting; (2) Conditional Payments; and (3) Medicare Set-Aside arrangements. The primary focus will be on practical implications and how to efficiently deal with Medicare contractors. The discussion will move on to best practices for addressing Medicare's interests while protecting the employer and resolving claims. This portion of the discussion will focus on addressing Medicare issues at various stages of the litigation and claims handling process, including at Mediation or Settlement conferences, at trial and post-judgment. There will also be discussion on necessary and effective settlement language and how to deal with claimants and claimant’s counsel. The objective is to discuss practical steps for dealing with these issues, along with best practices, to ensure that claims are settled in an efficient manner, with a focus on workers’ compensation claims. The discussion will also incorporate relevant case law and the Section 111 Reporting requirements.

Roundtable 1 - Considering Legal Process Outsourcing as Part of Wider Legal Cost Management: Limitations vs Benefits

• Speakers:

• Debbie Champion, Rynearson Suess Schnurbusch & Champion

• Khristi Driver, Southern Company

• Tina Pernie, CLM

• Michael Simkus, a2six

• Ed Solensky Jr, Freeman Mathis & Gary, LLP

Outsourcing legal work to foreign countries is a reality. The ABA's Formal Ethics Committee has said that legal process outsourcing is salutary trend in a global economy, a practice that can reduce client costs and enable small firms to provide labor intensive services that they otherwise might not be able to manage. Yet despite the fact that the LPO industry is booming, many questions remain. Is outsourcing the complete answer to saving costs? Can Indian or Philippine lawyers actually do things better than their American counterparts? What are the wider implications of LPO for the legal services market? The panel will explore: (1) how law firms are responding to client pressure to reduce costs; (2) what are the ethical issues that arise during LPO; (3) what strategies and processes are available to ensure results; (4) what type of work is currently offshored; (5) what can we learn from US experiences in offshore LPO? (6) how to build an effective working relationship with a service provider; (7) how to manage control over the end product.

Roundtable 1 - Critical Issues in the Preservation of Evidence from Complex Losses

• Speakers:

• Lance Albright, QBE Insurance

• Dan Boho, Hinshaw & Culbertson LLP

• Michael DeLonay, AXIS Specialty US Services, Inc.

• Karen Fultz, Sheehe & Associates, P.A.

• Kenneth Robinson, Envista Forensics

Actions taken at the outset of an investigation following a complex loss play a pivotal role in the resolution of a case. Careful, thorough investigation is key to ensuring that potential physical evidence is not tainted or destroyed or potential witnesses overlooked. This roundtable panel will include representatives from an insurance company, defense and subrogation counsel, and an engineering expert who will provide insight from their various viewpoints on critical issues faced during all stages of a complex claim investigation, some of which include: 1) Selection of experts; 2) Risks of Spoliation; and, 3) Electronic evidence gathering.

Roundtable 1 - Developing Issues in Asbestos and Toxic Tort Litigation, From a Carrier's Perspective (Response Management and Cost Controls: the Do's and Don't's and the Growing Environmental Issues for the Carrier)

• Speakers:

• Vincent Biancamano, Ironshore Insurance Company

• Michael LaFond, Pekin Insurance Company

• Kevin O'Toole, O'Toole Scrivo, LLC

• Tom Radcliffe, DeHay & Elliston, LLP

• Steven Weiner, O'Toole Scrivo, LLC

This topic will address the growing need in the insurance market for coordination emergency response initiatives: from fire, flood, hurricane to plant explosion. The risks and rewards as well as the challenges fast by the Insurance Community as when to respond, how and the coverage implications that arise as balanced against the cost mitigation.

Roundtable 1 - How to Get, Keep and LOSE a Client Family Feud Style

• Speakers:

• Kathy Elsea, OSI Industries

• Margaret Erife, ESIS

• Kristin Seabrook, Pilot Travel Centers LLC

• James Wright, Butler, Vines & Babb

Over the last few years, many firms that could not effectively differentiate themselves from the larger firms dissolved or were acquired, and, shockingly, many of the larger, traditional firms began to see erosion in their client bases. In this environment, law firms and lawyers need to distinguish themselves from the pack. How can a firm or lawyer accomplish this? This panel, which includes insurance/claims professionals, litigation specialists, risk managers, and corporate  counsel , will engage in a Family Feud Style discussion and make recommendations on how to Get, Keep and Lose a client. Discussions include, but are not limited to: 1.  Value-added client service – “stand in your client’s shoes” 2. Developing client relationships – “out of sight, out of mind” 3. Honest communication – “don’t bait and switch” 4. Anticipate business issues – “no surprises”

Roundtable 1 - Initial Handling of a Catastrophic Loss Prior to Litigation

• Speakers:

• Patrick C. Dowd, Dowd & Dowd

• Dennis Guenther, SEA, Ltd.

• Robert Lund, Swift Transportation Company

The financial and legal ramifications of a catastrophic loss case can be significantly influenced by the initial investigation conducted within 48 hours of a loss. An aggressive and thorough investigation parlayed with immediate retention of counsel will substantially increase the chances of successfully defending against any future litigation. This session will focus on important measures that should be taken at the inception of a large loss, focusing on the importance of early investigation and retention of counsel and appropriate experts for the purposes of interviews and reconstruction. Topics will include investigation procedures, document retention and preservation of evidence. Our speakers will provide examples of the impact diligent investigation can have and the alternative repercussions, highlighting strategies to minimize exposure involved with catastrophic losses. This session is designed to create an easy transition at the outset of litigation, while decreasing costs involved with extensive investigation once litigation has begun.

Roundtable 1 - Litigation Management - Protecting Catastrophic Losses with Appropriate Investigation and Experts - The Role of Counsel, Carrier and Insured in Management of Experts and Other Third-Party Vendors in Major Loss Litigation

• Speakers:

• Issy Bustamante, Self Employed

• John Sparling, Cullen and Dykman, LLP

• William Wood, Graycor Services LLC

This session will analyze ways to produce effective and persuasive arguments through your expert and how to avoid potential preclusion motions or unfavorable testimony.  This session will focus on expert preparation for and effective cross-examination and the use of jury focus groups (as used in the World Trade Center and mass tort litigation).   This session will allow the participants to see in real time the types of decisions that need to be made, which can dramatically affect the outcome of a case.   This session will present video clip excerpts from critical portions of expert testimony.  The video clips will be paused and a multiple choice scenario will be posed to the participants for a discussion regarding how the experts should respond, potential objections and/or what line of questioning should follow.  The video clips will resume to reveal the testimony and this session will analyze the impact that the testimony had on the case.   This session will also stress critical cost control methods and various budget strategies, with the tools to keep claims and the insured involved, regarding experts and third-party vendors (such as court reporters and e-discovery vendors).  This session will help participants define realistic budgets along with developing comprehensive cost sharing agreements among co-defendants. 

Roundtable 1 - Managing Alternative Fee Arrangements - A Roadmap for Success

• Speakers:

• James Loeffler, InTune Business Advisors LLC

• Joseph Pitstick, BMW Financial Services NA, LLC

• Jeffrey Vanderpool, Cypress Property & Casualty Insurance Company

• Lauren D. Wilkins, Langlois, Wilkins, Furtado & Metcalf, P.C.

The past few years has seen the rapid shift away from the traditional billable hour to alternative fee arrangements – fixed fees, flat monthly fees with holdbacks and bonuses, along with a variety of others. AFAs essentially provide corporate law and claims departments with greater fee predictability by shifting the financial risk to law firms, who must fully understand their cost structures, workflows and other critical elements to profitably meet and exceed their clients’ expectations. A product of the CLM's Alternative Fee Arrangements Committee, the AFA Roadmap is designed for law firms of any size who want to profitably meet and exceed their clients' expectations of value.

Roundtable 1 - Navigating a New Frontier of Discovery - The Impact of Social Networking Websites on Civil Litigation

• Speakers:

• James Burke, Wilson Elser

• Barbara Gliszczynski, Westgate Resorts

• Ronald A. Mazariegos, Ambridge

In the past two years, Social Networking Websites ,such as Facebook, MY Space and Twitter, have left the realm of newfangled teenager and college student technology and have exploded into the adult population as a preferred means of communication.  In fact, the fastest growing segment of the population using these social websites are persons 35 years of age and older.  People using these websites publish both personal and public information about themselves such as their likes and dislikes, their work habits, and their recreational activities.  Often times the users of these websites are not aware of the legal ramifications involved with the shared information they post. Persons claiming permanent injuries in tort actions have been frequently posting information about their daily lives that is completely contradictory to their legal claims.  This round table panel presentation will discuss how to lawfully and ethically capture this information, and how to effectively use the information in the defense of a civil action.  

Roundtable 1 - Premises Liability - Shopping for Answers to Effective Retailer Risk Management

• Speakers:

• C. J. Childers, Family Dollar Stores, Inc.

• Rich Lenkov, Downey & Lenkov LLC

• Renee Ramirez, Darling Ingredients

• Jack Truitt, The Truitt Law Firm, LLC

Retail law is always expanding.  This session will provide you with real-world, practical take-always on the following topics: 1. Preserving Evidence and Assessing the Claim 2. The Notice Defense 3. Tender 4. Effective Use of Experts 5. Trial Tactics for Winning the Case

Roundtable 1 - Protecting Privacy in the Corporate Environment: The View From 10,000 Feet

• Speakers:

• Joe DePaul, IronGate

• Marta Garrett, Ophthalmic Mutual Insurance Company

• Shari Claire Lewis, Self Employed

• Patrick O'Doherty, ProAssurance Corporation

• Ian Stewart, Wilson Elser

As we move rapidly to electronic storage of information, insurance companies, claims management agencies, and defense counsel must be keenly aware of potential breaches in security, especially in the area of protected health information and confidential personal information. The purpose of this roundtable is to discuss current and emerging issues and trends in the protection of private information that is obtained and stored by insurers (professional liability, health, others) from insureds and potential insureds in the course of underwriting or from insureds/third parties during litigation or alternative dispute resolution.

Roundtable 1 - Representing Distressed / Imploding Law Firms in Professional Liability Cases

• Speakers:

• Dennis Galvin, Argo Group US

• Eric Kaplan, Kaplan Papadakis & Gournis, P.C.

• Gary Shendell, Shendell & Pollock, P.L.

The roundtable will discuss difficult issues representing firms that are accused of and involved in fraudulent and/or ethical misconduct in a professional liability setting. The round table will also discuss representing firms that actually dissolve / close doors during the course of such a claim. We will discuss ethical issues that defense counsel must face in these situations in providing dual representation to the insured as well as the carrier. We also will discuss difficult ethical issues defense counsel will commonly face to the Court due to the client's misconduct prior to and during the litigation as well as the client's inability or refusal to comply with court orders and discovery during the case. We will also discuss potential conflicts of interest when counsel discovers during the course of the representation, facts which result in a lack of coverage and the defense counsel's duties to the insured and insurer in such situations. We will also touch on coverage issues unique in these situations. Finally, we will discuss best defense practices when faced with these difficult cases

Roundtable 1 - Successful Strategies for Managing Mass Torts

• Speakers:

• Geoffrey Coan, Hinshaw & Culbertson LLP

• Guy Hollingsworth, The Hanover Insurance Group

• Cynthia Khin, Berkley Life Sciences

• Richard Tugman, CB Fleet

• Karen Woodward, Sedgwick, LLP

What are the challenges of managing thousands of common-source cases across multiple jurisdictions?  Can such massive litigation really be managed efficiently?  This roundtable of experienced in-house professionals and counsel will discuss how to spot a mass tort coming and then stage the litigation for success.  Practical tips for organizing a defense team, devising legal strategy, and implementing that strategy will be shared through discussion of a case study involving mass tort litigation that arose following the recall of a popular product.  Other lessons-learned from some of the most high-profile mass torts in recent history will also be addressed.

Roundtable 1 - The Emergency Response to Catastrophic Accidents and Natural Disasters

• Speakers:

• Nichol Bunn, Lewis Brisbois Bisgaard & Smith, LLP

• Patrick Flanagan, Unknown

• Richard E. King, Melchiode Marks King LLC

• Richard E. King, Melchiode Marks King LLC

• Stuart Mauney, Gallivan White & Boyd PA

• Harold "Lou" Tabor, Saia Motor Freight Line LLC

• Harold "Lou" Tabor, Saia Motor Freight Line LLC

On January 5, 2005, a Norfolk Southern train derailed in the small town of Graniteville, SC resulting in a deadly chlorine spill. The entire town was evacuated, nine people died and hundreds more were transported to local hospitals. The local textile plant claimed that all of its equipment was contaminated and that it ceased operations as a result of the damage. What lessons can be learned from this catastrophic accident? How does a company prepare for such an emergency? Who will be on the response team? What is the role of legal counsel? How does the company respond to requests from the governmental agencies and the media? What about document control and potential claims of spoliation? Once we have considered the Graniteville case study, we will review some of the “success stories” of disaster planning from Hurricane Katrina. We will also discuss the experience of St. Rita’s Nursing Home following Hurricane Katrina. The owners of the nursing home failed to evacuate its residents, resulting in 35 deaths. Were the emergency response plans adequate? What were the state law requirements? How can healthcare facilities gain better community support for their staffing and transportation needs when a disaster strikes? What are sufficient supplies for such an event? What are the special considerations for the elderly and their families during times of crisis? Join us as we review the case studies and consider the lessons learned from these events.

Roundtable 1 - The Litigation Management Trifecta

• Speakers:

• Anthony Campo, Self Employed

• Jim Foster, Cassiday Schade LLP

• William Lambros, AXA XL

• Richard Payne, Payne Risk Consulting, LLC

This session will analyze effective communication and strategies to reduce indemnity and expenses through a unified defense among carriers, insureds and defense counsel.

Roundtable 1 - YES WE CAN: Resolving Construction Defect Claims Faster and More Economically

• Speakers:

• Rob Moschet, McCollum Crowley P.A.

• Karen Rice, Proactive

• Lee Wright, Tokio Marine HCC

Current methods of managing construction defect litigation have proved to be inefficient and ineffective in limiting indemnity and defense costs, largely due to scope and cost of repair issues with plaintiffs, and allocation of liability issues among defendants. Plaintiffs forced to sue to recover repair costs seek to maximize recovery beyond what may reasonably be justified in order to recover their costs of litigation. Defendants under warranty or contractual obligations with the plaintiff seek to avoid a “pay and chase” situation and so join numerous additional parties seeking to allocate over-all responsibility. What is needed is a way to both minimize repair costs and the costs of allocating responsibility among all at-fault parties. This panel will propose and discuss a plan to reduce scope and cost of repair by negotiating those issues with plaintiffs early in the process, utilizing engineers and contractors pre-contracted to provide services at a reduced rate (similar to preferred-providers in first party loss matters), and then minimizing allocation-of-responsibility costs by requiring such claims to be submitted to an industry-controlled binding arbitration process.

Great Guest Event - Oak Alley Plantation

Let your guests take a step back in time and tour the beautiful Oak Alley Plantation - "The Grande Dame of the Great River Road." Nowhere else in the south will you find such a spectacular setting! The quarter-mile canopy of giant live oak trees, believed to be nearly 300 years old, forms an impressive avenue leading to the classic Greek-revival style antebellum home. Your guest will enjoy a guided tour of the mansion by antebellum tour guides and then experience the local flavor with a traditional lunch served in the 19th century facility, The West Pavilion. Tour includes transportation, tour and lunch! Sorry - Guests only - attendees should be in sessions!

Roundtable 2 - Changing Your Litigation Culture: Lessons from the New Orleans Saints

• Speakers:

• Jack Culotta, Self Employed

• Suzanne Ganier, Elevate

• Julius Grubbs, Haik Minvielle & Grubbs, LLP

• Alan Yacoubian, Johnson Yacoubian & Paysse

This presentation will discuss how to change the litigation culture of any organization, so that both the organization and panel counsel are working together for one positive goal.  Specifically, the presentation will discuss the difficulties that an organization faces when it makes litigation management changes, strategies for communicating with stakeholders involved in such changes, and ultimately, how to get your outside counsel to "buy-in" to your program, thereby achieving success.  The panel will use the example of the New Orleans Saints to illustrate how one team can go from a poor performer to a Superbowl champion to demonstrate how it is possible to successfully change your litigation culture and become a champion in your organization.

Roundtable 2 - Commercial Litigation: Two's Company, Three's a Crowd

• Speakers:

• Anne Kershaw, E-Discovery Institute (EDI)

• James H. Moody, Quilling, Selander, Lownds, Winslett, & Moser, P.C.

• Richard Mosher, Dentons US LLP

• Timothy Waldeck, Self Employed

• Robert Wilson, DXC Technology Services LLC

The in-counsel wants to manage the litigation.  Outside counsel wants to try the case.  The company wants to get back to business and have nothing to do with the attorneys.  Who should manage this litigation?  How can this litigation be managed when the three sides on the defense communicate poorly and disagree?  How can they do otherwise?  What are the benefits and detriments that come from this group of three?  We know that two can do it.  Who is the third one out?

Roundtable 2 - Construction Defect Litigation: Handling Lawsuits Involving Underfunded Wrap Policies - Potential Bad Faith, Ethical and Other Dilemmas

• Speakers:

• Larry Beemer, Suite 200 Solutions

• David Brown, Goldberg Segalla LLP

• Adam Springel, Springel & Fink

• Lee Wright, Tokio Marine HCC

This roundtable session will focus on the ethical and bad faith issues that can arise in construction defect lawsuits when a project is insured by a wrap policy that arguably has inadequate limits. The session will discuss the defense of the claim, including the impact on the insurer’s duty to defend and counsel’s potential conflict in defending multiple parties. The session will also consider the impact of demands for additional insured status by multiple defendants under CGL policies, how to handle situations where the primary wrap carrier goes under and there is a lack of drop down or wrap or other exclusions in the enrolled parties’ own insurance policies. The session will also focus on the settlement of the claim, including the insurer’s duty not to put any one insured’s interests ahead of another insured’s interests or its own interests, as well as counsel’s ability to fully protect its client(s) when inadequate insurance may exist.

Roundtable 2 - Current Litigation Trends in Workers' Compensation

• Speakers:

• Neil Kohlman, Zurich North America

• Jason Schlossberg, Schlossberg & Umholtz

• Lisa Tillis, AmTrust Insurance Group

This session features a roundtable discussion of recent litigation trends, led by a panel of distinguished experts. The discussion will focus not only on quantifying the significance of each trend, but steps employers, carriers and counsel can take to minimize the risk represented by each trend. The panel proposes to discuss: 1. Management of claims involving illegal aliens/undocumented workers (differences in claim handling, potential defenses, questions to ask during deposition, etc.) 2. Interaction of FMLA (in light of 2009 amendments) with ADA and workers compensation. 3. Using social media to defend claims: What are the most effective methods to research and use the information in a contested case? 4. Effect of rising cost of MSAs on claim settlements: What can be done proactively to reach a fair, yet cost-effective result? 5. Continued assault on the exclusive remedy doctrine -- using RICO to file suit against employers and carriers, claims involving toxic exposures, lawsuits for injuries caused by co-employees and supervisors

Roundtable 2 - Effective Cost and Litigation Management Strategies Associated with Construction Claims

• Speakers:

• Gary Baumann, Baumann, Gant & Keeley, P.A.

• Jimmy Castex, Self Employed

• Randall Epps, Kemper Insurance Corporation

• Martin Steinberg, Advanced Depositions

This session will provide a 360-degree view covering best practices in effectively manage construction claims and associated expenses. The panel will focus on loss mitigation and efficient cost control, and will feature perspectives from all key roles in the construction litigation, including a plaintiff and defense attorney, a claims manager, and a construction litigation manager. Learn effective cost and litigation management techniques for your organization during both pre-litigation and litigation phases of discovery. Listen to the experts discuss best practices, smart strategies, as well as the best technologies available to mitigate both cost and loss for construction litigation claims.

Roundtable 2 - EPL Claims Handlers Can Work Together to Minimize Damages in Employment Cases

• Speakers:

• Jason Fogg, Florida Lawyers Mutual Insurance Company

• Gytis Gavelis, Skyward Specialty Insurance

• Ben Mathis, Jr., Freeman Mathis & Gary, LLP

• Joseph Starr, Starr, Butler & Stoner, PLLC

In this interactive session, highly experienced defense and claims counsel will present ways to minimize damages in employment cases. Our panel will discuss common misconceptions about big damage cases, witness and insured credibility, mediation tactics, and tips for successful use of focus groups and mock trials. In addition, our panelists will share their strategies and best practices to reduce damages. Case studies will highlight key signs of high exposure cases, information needed by claims professionals to evaluate the likelihood of significant compensatory and punitive damage potential, how witness credibility and likeability may lead to surprises at trial and innovative strategies for settling difficult cases.

Roundtable 2 - Evidence Based Medicine Roundtable

• Speakers:

• Charles Clark, Clark, May, Price, Lawley, Duncan & Paul LLC

• Charles Clark, Clark, May, Price, Lawley, Duncan & Paul LLC

• Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC

• Cathy Hester, National Association of Independent Insurance Adjusters

• Gregory McKenna, Gallagher Bassett

Evidence based medicine (EBM) has been described as the “conscientious, explicit, and judicious use of current best evidence in making decisions about the care of individual patients.” More specifically, evidence based medicine and clinical practice guidelines (CPGs) are attempts at making treatment decisions on conventional wisdom or individual experience, instead basing decisions on medical studies and data that are constantly evolving. Use of evidence based medicine in the courtroom presents interesting issues. Typically, use of EBM and CPGs will be seen in cases involving quality-of-care and entitlement to benefits, which are generally proven through expert witnesses. Because CPGs articulate a specific method of treatment for a given situation, attorneys are beginning to use them as evidence of the applicable standard of care. Evidence based medicine and CPGs would eliminate the need for expert witnesses to testify as to the standard of care in particular situations. There are several approaches to admissibility of EBM and CPGs. Among others, one approach involves utilizing the EBM as the appropriate legal standard of care in a certain situation. The most extreme version of this approach would be to treat the CPG as creating a per se standard of care. On the other hand, a less extreme approach would be to treat compliance with an applicable CPG as rebuttable evidence that a professional acted with reasonable care.

Roundtable 2 - How to Wade the Murky Water of Alternative Fee Arrangements

• Speakers:

• Eric Griffin, Protection One

• Clay Scheitzach, ACS, a Xerox Company

• Robert Scott, Scott & Scott, LLP

The economic downturn has inspired clients to demand more cost-effective fee structures as an alternative to the industry-standard-the billable hour. Depending on client needs, such options as fixed fees, monthly retainer, blended rates (combining partner, associate, and paralegal hourly rates), performance or satisfaction based fees, or a combination of options may be the best solution. The program focuses on finding the right alternative fee arrangement for each engagement.  Learn from the following three panelists who will offer their personal experience and sample alternative fee agreements.

Roundtable 2 - Inside A Jury Deliberation: Mock Trial Deliberation and Analysis

• Speakers:

• Marilee Clausing, Anderson, Rasor & Partners, LLP

• Diane Jacoby, Ingalls Health System

• David Zehner, Zehner Trial Consulting

• Laura Zehner, Zehner Trial Consulting

Analysis of a mock trial jury deliberation that will use video highlights to: 1) detail how jurors process and understand complex medical evidence in medical malpractice cases 2) see how jurors use cognitive shortcuts to determine damages and liability in medical malpractice cases 3) know what pre-existing attitudes and beliefs influence juror decision making

Roundtable 2 - Investigating and Defending the Third Party Criminal Assault Claim

• Speakers:

• Chad Callaghan, Rimkus

• Michael Caspino, Busch & Caspino

• Barbara Gliszczynski, Westgate Resorts

• Vic Marmo, Suite 200 Solutions

On a quiet evening, a female patron leaves a restaurant to walk to her car in the parking lot. A rapist lurks in the shadows and attacks her. The patron is brutally assaulted. The rapist is never apprehended. The sympathetic patron files a lawsuit against the restaurant for “inadequate” security. It is alleged that the restaurant should have anticipated that this heinous act may occur and “reasonable” steps should have been taken to prevent the severe harm suffered by plaintiff. Defending the third party criminal assault case presents its own set of unique challenges in the world of civil litigation. This roundtable panel will discuss the handling of such claims, from investigating the case on the day of the incident, to trial techniques. The panel includes recognized experts in the field of preventing and investigating third party assault claims.

Roundtable 2 - Key Issues Around The Handling (Or Mis-Handling) of the Litigation Dollars with the SIR and/or Deductible Layers of a Claim

• Speakers:

• Franklin Bass, AXA XL

• Alicia Curran, Cozen O’Connor

• Mark Goracy, Suite 200 Solutions

• Mark Goracy, Suite 200 Solutions

• Mark Goracy, Suite 200 Solutions

• John LaMacchia, Self Employed

• Joseph Mannion, Chubb

The current economic environment has seen a rise in the amount of Self-Insured Retention (SIR) or Deductibles sought by insureds, in order to lower policy premiums. This has caused the knock-on effects of legal challenges to coverage and in some cases, E&O suits over alleged claims mishandling or bad faith. A renewed focus and attention to how these “early claims costs” are managed is now gain favor in the insurance world. This is affecting carriers, TPA’s and insureds alike. For example, if a carrier is not satisfied that the SIR is fully exhausted or eroded, it may opt to claim that coverage triggered effectively. The cases where these disputes have gone to trial have not gone in favor of the insurance carrier. Where however, the insurance carrier has used 100% of the retention in settling large claims and this has been challenged by the insured, cases have settled in favor of the insurance carrier. The TPA’s role is being made more difficult in these circumstances as they must prove to a greater degree of certainty than ever before, that claims handling has been professional and that full and proper exhaustion of the SIR can be demonstrated. Easier said than done and several high profile E&O cases have raised the issue of how to better manage these “early claims costs”. There are groups now working on new protocols and business processes to mitigate the risks of litigation (bad faith or E&O) and in coverage disputes, that involve applying the same litigation management principles to the early claims costs. These are early days, but the potential gains are with all parties concerned.

Roundtable 2 - Mass Torts, Class Actions and Multi-District Litigation: How They Work and How They Can Be Effectively Managed

• Speakers:

• Mark Goodman, HOGAN LOVELLS

• Thomas Hill, General Electric

• William Sommers, Self Employed

This panel will feature a talk-show type format with discussions focusing on several highly-active mass tort/MDL areas such as Chinese Drywall, product recall, asbestos and the British Petroleum Oil Spill litigation.  Such mass tort litigation presents special challenges in managing large numbers of claims and using effective cost-containing measures necessary due to the volume  and geographic diversity of the claims.  The Chinese Drywall MDL litigation, in its second year, is based in New Orleans and encompasses claims from all over the United States, the Asbestos MDL, which has been in Philadelphia for years, has been very active after years of dormancy and many cases are finally being sent back to their original jurisdictions all over the United States or are being dismissed.   The Pet Food Recall MDL, currently on appeal in the 3rd Circuit, involved hundreds of class actions in both the US and Canada. The Oil Spill litigation MDL, also in New Orleans, is just  underway but will no doubt involve significantly complex case management issues.   Join us for a lively conversation as our panel of experts in complex, multi-district cases, including trial counsel and insurance executives, discuss the best way to handle these and other mass torts.

Roundtable 2 - Never Say Never

• Speakers:

• Russell Davis, Downey & Cleveland, LLP

• Sandra Doty, Self Employed

• Marta Garrett, Ophthalmic Mutual Insurance Company

• Colleen Graham, AIC- M, AIC, AIS, COPIC

• James Page, Alan Gray LLC

Never Say Never roundtable will illustrate how to defend a fact scenario that the Plaintiff will argue “never should have occurred.”  The attendees will receive a fact pattern discussing a case with the development of a bed sore and a fall with a brain bleed.  Presenters of this roundtable will discuss how to address each facet of the fact pattern, including a discussion of what experts would need to be retained for the defense, and how to attack the Plaintiff’s experts.  Beyond addressing the specific issues, attendees will also be shown the importance of developing a complete picture of the patient’s medical issues.  The presenters will discuss why educating the jury on the patient’s overall medical condition will provide them the information needed to return a verdict for the defense.  This roundtable will be geared towards those attendees with experience in defending hospitals, long term care facilities, and those who defend catastrophic injury care, terminally ill, or end of life care claims.

Roundtable 2 - Proper Response Management and Cost Controls: the Do's and Don'ts and the Growing Issues

• Speakers:

• Christa Hinckley, Hinckley Law, PLLC

• Ken Jenkins, BMS Global, LLC

• Thomas Scrivo, O'Toole Scrivo, LLC

• Anthony Slimowicz, Amynta Group

• Frank Vasek, AIG

This topic will address the growing need in the insurance market for coordination emergency response initiatives: from fire, flood, hurricane to plant explosion. The risks and rewards as well as the challenges fast by the Insurance Community as when to respond, how and the coverage implications that arise as balanced against the cost mitigation.

Roundtable 2 - Reducing Billing Write Downs: Drafting Informative Invoices

• Speakers:

• Kelli Borden, Zurich North America

• Susan Chapman, Self Employed

• Terri Smith, Wilson Elser

• Ian Stewart, Wilson Elser

• Joanne A. Wayman, Allied World

Confused and frustrated by the bill review process? Unsure why your invoices have been reduced? Through the use of case studies and a roundtable discussion, panelists (including claims professionals, carrier bill review unit managers, and attorneys) will explore the most common reasons for write downs and offer guidance and practical advice about how to prepare billing entries that reduce the need for appeals and revisions.

Roundtable 2 - Seven Secret Benefits of Working with the Highly Skilled Mediator

• Speakers:

• Jeff Kichaven, Jeff Kichaven Commercial Mediation

• Larry Lum, Wilson Elser

• Michelle Pujals, National Basketball Association

• Ken Roberts, Schiff Hardin LLP

Remember the Paleo-Mediator?  With a club rather than a gavel, he tried to bully and bludgeon parties into settling cases.  Fortunately, he has gone the way of the dinosaur.  In his place is the Highly Skilled Mediator. He (or she!) offers you a lot of benefits.  Here's what you will take away from this program:  1. How do you distinguish the skills you need your mediator to have, and then go find that mediator and have the other side agree to use her? 2. How do you prepare yourself, your client and the mediator for the mediation in a way that helps you achieve your goals? 3. How do you work with the mediator on the day of the mediation to get results that satisfy your client -- especially when you know that you have a strong case? 4. Since fewer and fewer cases settle on the day of the mediation, how can you work with the mediator on follow-up that really pays off?

Roundtable 2 - The Intersection of Bad Faith and Legal Malpractice Claims

• Speakers:

• Carl Anthony, Freund Freeze & Arnold

• Jennifer Berard, CNA Insurance

• Thomas Culpepper, Thompson, Coe, Cousins & Irons LLP

• Jane Mandigo, Swiss Re

This roundtable discussion will address scenarios in which claims professionals and attorneys they retain to defend the companies’ insureds can find themselves in difficult or conflicted situations. Situations involving insureds with low limits, exposure in excess of the limits, or diminishing limits policies and insurers utilizing hammer clauses can create problems for both the attorney and the claims professional. The presenters will utilize hypotheticals to highlight these issues, generate discussion among roundtable participants, and identify potential pitfalls as well as possible ways to avoid them.

Roundtable 2 - The Tripartite Relationship: Carrier, Counsel and Client: Maximizing the Relationship

• Speakers:

• Mark Bernstein, HUB International

• Jonathan Gerdes, Self Employed

• Victoria Metaxas, LeClairRyan

• Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP

• Louis (Ray) Wood, Rimkus

This panel discussion will explore the complex relationship between the insurer, the insured and the attorney appointed by the insurer to represent the insured. The panel will discuss the common goals of the relationship, as well as the individual needs. The focus will be on the importance of each branch of the relationship understanding the philosophical, ethical and strategic needs of the other branches from a litigation management standpoint so that the common goal of achieving a successful outcome can be reached. Each aspect of managing a claim, from inception to conclusion will be discussed, as well as what defines a successful outcome for a matter. At the conclusion of the discussion, the audience members will have a better understanding of the needs of each branch of the relationship so that they can then manage their litigation in a more efficient and successful manner so as to the benefit all members of the relationship. In order to illustrate the complexity of the tripartite relationship, 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. 

Roundtable 2 - Vampires, Voodoo and Verdicts: Frightening Issues in Insurance Defense Litigation

• Speakers:

• Debbie Champion, Rynearson Suess Schnurbusch & Champion

• Paul Larimore, Wiedner & McAuliffe, Ltd.

• JoAnn Ross, Great American Insurance Group

This presentation will analyze a number of issues in Insurance Defense Litigation which will cause your heart to race. The panel will discuss good vs. evil in flat fee and other alternative billing cases, results of ethics complaints related to insurance cases, and bone chilling verdict results when insurance companies make the "wrong" decision. Attendees will receive education on how to employ the silver bullet defense and how to drive a stake through the heart of the meanest case.

Roundtable 2 - What Metrics Matter, and How to Use Them to Build a Trusted Partnership

• Speakers:

• Thomas Anderson, CSX Corporation

• Russ Haskin, LexisNexis Risk Solutions

• Scott Rowe, Tower Hill Insurance Group, LLC

• Dan Ruderman, LexisNexis Risk Solutions

• Mark Vorder-Bruegge, Wyatt Tarrant & Combs LLP

Corporate view – what is important to us in managing our department and interacting with our law firms Insurance view – what is important to us in managing our business and finding the best representation for our insureds (and ourselves) Law firm view – what is important to us in understanding firm profitability and providing the best service to our clients (both policyholder and corporate)

Lunch: An Unforgettable Experience

Session 2 - Demonstrate Your Value and Develop Opportunities for the Future -- A Discussion Regarding ROI and Emerging Trends in Litigation Management

• Speakers:

• Katherine Bertini, United Technologies Corporation

• Preston McGowan, Private Client Select

• Robert Peahl, Self Employed

• Jeffrey Scarpitti, Revere Advisory

• Daniel Winkler, Westfield Insurance

The industry’s approach to litigation management takes many varied and inconsistent forms. Corporate and insurance litigation departments staff, structure, and manage their litigation management function very differently, and with varying rates of effectiveness. Similarly, each program has matured differently in terms of the resources, initiatives and practices that have been formulated to improve the litigation management operations. The CLM commissioned an innovative industry-wide study in 2010 to evaluate effective departmental structures and to quantify the ROI associated with creating executive litigation management departments and executive roles. This session will explore Study results and provide session participants with a snapshot of the state of the industry today, identify best practices in both the corporate and insurance arenas and provide a specific ROI matrix for heightened and centralized litigation management.

Session 2 - Justice Defended, Justice Denied

• Speakers:

• Harry Baumgartner, Plymouth Rock Assurance

• Jay M. Feinman, Rutgers University School of Law

• Robert Hartwig, University of South Carolina

• Thomas Segalla, Goldberg Segalla LLP

• Diana Shafter Gliedman, Anderson Kill P.C.

In his recently published book titled "Delay, Deny, Defend - Why Insurance Companies Don't Pay Claims and What You Can Do About It," Rutgers University Law Professor Jay Feinman posits controversial theories on the management and motivation of insurance company claim departments. In this panel, Professor Feinman and policyholder attorney Diana Gliedman will debate the thesis of the book with Robert Hartwig, president of the Insurance Information Institute, and defense counsel Tom Segalla.

Session 2 - The Tri-Partite Relationship in the 21st Century: Defense Coverage Issues Under Modern Insurance Programs

• Speakers:

• Susan M. Clemson, Berkley Luxury Group

• Sean McDaniel, Alternative Risk Underwriting (ARU)

• Amy Paulus, Clausen Miller

• John Shugrue, Reed Smith LLP

A roundtable discussion focusing on issues related to the duty to defend and tri-partite (insured/insurer/defense counsel) relationship under modern, complex/alternative insurance/risk transfer programs involving matching deductibles, large self-insured retentions, captive insurance, "fronting" and other non-traditional arrangements, which are used with increasing frequency by sophisticated insureds. A panel consisting of outside coverage counsel for insurers and insureds, insurer and policyholder claims directors, and in-house policyholder counsel will be discuss and debate various defense coverage issues from all perspectives, including: 1) various and alternative ways in which complex/alternative insurance programs allocate defense obligations between insured/insurer; 2) who should select defense counsel under such arrangements; 3) what ethical/conflicts issues arise for defense counsel under such arrangements; 4) privilege and work product protection/waiver issues under such arrangements; and 5) practical issues of how insured/insurer/defense counsel operate under such arrangements to achieve the best ultimate results versus third-parties.

Networking Break

Roundtable 3 - Additional Insured Claims: Defending and Prosecuting Additional Insured Claims and How to Efficiently Recover those Fees and Costs

• Speakers:

• Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC

• Cathy Hester, National Association of Independent Insurance Adjusters

• Edward Sipes, Christensen Hsu Sipes LLP

• Kathie Weldy, Old Republic Contractors Insurance Group

Carriers and insureds are often faced with the task of seeking coverage from other carriers and subcontractors in litigation.  While the contractual indemnity obligations between contractors will govern portions of this decision, carriers and claim handlers must consider their obligations to investigate the coverage issues associated with a party's status as an additional insured.  This roundtable will discuss necessary steps to defend demands for additional insured coverage, including investigative steps to avoid the prospect of bad faith, as well as prosecution of claims on behalf of your insured to result in an effective recovery.  The roundtable will include case studies of multiple cases that resulted in the recovery of funds from a subcontractor's carrier and tips on how to best posture the litigation to ensure victory.

Roundtable 3 - Alternative Fee Arrangements: Perspectives, Toolkits, Implementation and Impact

• Speakers:

• Jane A. Bennitt, Global Legal Ebilling, LLC

• Keith Brown, Wolters Kluwer ELM Solutions

• Michael Caspino, Busch & Caspino

• Toni Forge, Self Employed

• John McGann, Self Employed

• Thomas Wisinski, Haynes and Boone, LLP

Much has been written about Alternate Fee Arrangements (AFAs) over the past few years.  Whether flat fee, value billing, blended rates, shared risk or pretty much any financial arrangement that can imagined, non-hourly billing has been embraced by corporate and claims organizations as a means to derive greater value from the services provided by outside counsel at a fair price.  However, shifting away from hourly billing can be complicated. Join us for a round table discussion featuring experts from law firms, claims organizations, law departments and consultants working with AFAs today as they discuss the formulae used, the tools available to support AFA programs, their implementation, challenges, cautionary tales, successes and their impact on the relationship between counsel and client.

Roundtable 3 - Applying Data-Driven Performance Scorecards to Select and Manage Defense Counsel

• Speakers:

• Edward Hayes, Tower Group

• Preston McGowan, Private Client Select

• Stephen Packard, Deloitte

Effective selection and management of defense counsel  has presented a continuing challenge for insurance claims organizations.  Traditional approaches, based largely upon relationships and subjective assessments, have proven inadequate in evaluating the costs and benefits of legal services delivered.  Recent advances in data and advanced analytics have created the opportunity to develop and apply performance scorecards to guide counsel selection and management.  In this session, we’ll discuss both traditional and novel approaches to defense counsel selection and management through an interactive series of case studies presented by seasoned claims and legal professionals.

Roundtable 3 - Best Practices In Litigation - Where Litigation Management, Risk Managers and Outside Counsel Work Together to Provide Professional, Cost Effective Solutions to Litigation Problems

• Speakers:

• Gretchen Langston, Xanterra Parks & Resorts

• Robert McDade, CNA Insurance

• Edgar Poe, Pullin, Fowler, Flanagan, Brown & Poe, PLLC

This roundtable presentation provides a unique opportunity to explore the various "best practices" issues that present themselves in the tripartite relationship of the insurer, insured and defense counsel. The panelists in this presentation will each bring with them their perspectives on best practices and litigation management and how to provide the most professional, cost effective defense to insureds that a collaborative relationship between insurer, insured and defense counsel can provide. The panel will discuss: How the choice of defense counsel (staff counsel, outside panel counsel or insured select counsel) can work to maximize defense efficiencies and provide the best results for any individual case; The application of proactive claims practices to each case and how a thorough and collaborative case assessment increases efficiency in reserving and defense of the case; and, How reaching early decisions on case handling through collaborative and thoughtful decisions on settlement or trial of a case can focus claim handling, early resolution and the best defense for the claim. This roundtable presentation is extremely timely as insurers, risk managers and defense counsel go forward to meet the challenges presented in today’s litigation climate.

Roundtable 3 - Catastrophic-Loss Damages: Preparing a Comprehensive Case

• Speakers:

• Matt Morrison, American Family Insurance

• Michael Saltzman, Goldberg Segalla LLP

• Chad Staller, The Center For Forensic Economic Studies

Damages claims in catastrophic-loss matters typically involve many elements of damages. Preparing an effective damages defense requires focused discovery that will clarify the actual effect of the incident on the claimant's economic situation. Using as a framework a hypothetical accident involving three family members and their housekeeper, the panelists explore a variety of claims and issues including lost earning capacity, medical costs, loss of household services, personal maintenance (cost of living) and the lost earning capacity of an undocumented worker. The discussion will address what elements of damages might be overstated in a claim, what information is needed to adequately assess loss to each claimant, and how to integrate that information into an effective, comprehensive damages defense.

Roundtable 3 - Civil Rights and Governmental Liability: Case Evaluation and Claims Handling

• Speakers:

• Mark Hanna, Mouledoux, Bland, Legrand & Brackett

• Denise McHam-Pinto, Self Employed

• William Oberts, Oberts Galasso Law Group

• Michael Saucier, Libby, O'Brien, Kingsley & Champion LLC

• Bradley York, Intact Insurance Specialty Solutions

Unlike civil liability claims involving private parties, those against a governmental entity or employee – whether state or federal – involve unique statutory laws and court-imposed rules that both pose traps and opportunities for litigators and claims representatives in case studies to address procedural and substantive requirements of the common types of liability claims involving governmental entities and their employees in federal Civil Rights Acts litigation. Topics will include claims evaluation and handling, available defenses and immunities for government employees and officials, recent trends and developments in the law, and practical tips for resolving claims successfully through early negotiated settlement, motion practice or trial.

Roundtable 3 - Commercial Litigation: Two's Company, Three's a Crowd.

• Speakers:

• William Lyons, Recology

• Kristin Seabrook, Pilot Travel Centers LLC

• John Shelonko, Self Employed

• Edward Stolarski, Jr., Rebar Kelly

• Richard Wedinger, Barry, McTiernan & Wedinger

The in-counsel wants to manage the litigation.  Outside counsel wants to try the case.  The company wants to get back to business and have nothing to do with the attorneys.  Who should manage this litigation?  How can this litigation be managed when the three sides on the defense communicate poorly and disagree?  How can they do otherwise?  What are the benefits and detriments that come from this group of three?  We know that two can do it.  Who is the third one out?

Roundtable 3 - Crisis Management: A Primer on Crisis Response and Prevention

• Speakers:

• Rhonda Barnat, Abernathy MacGregor Group

• David McMahon, Offices of David J. McMahon

• Warren Perkins, Jr., Boh Bros.Construction Co. L.L.C.

• Frank Vasek, AIG

• Frank Vasek, AIG

A crisis is a severe unexpected situation which may take the form of serious bodily injury and/or property damage, an interruption of business activity, damage to the goodwill of the business or the severe negative impact to the stock price of a company based on one or more of the events referenced above. The objectives of the roundtable are to provide a primer on crisis response and prevention through five hypothetical cases studies. The case studies will illustrate how crisis management specialists, public relations professionals, legal counsel and other in-house professionals can be effective players in crisis response, prevention and planning.

Roundtable 3 - Difficult Situations, Real-World Solutions: Thorny Issues the Defense Industry Struggles with Every Day

• Speakers:

• Julie Fortune, Self Employed

• David Kocourek, CNH Capital Insurance Agency Inc.

• Rich Lenkov, Downey & Lenkov LLC

• Thomas Racette, Federal Building Services, Inc.

• Eric Spalsbury, Stanley Steemer International, Inc.

Everyone in the defense industry has difficult situations that they must deal with every day. Be it rising litigation costs, dealing with difficult people or getting a difficult claim closed quickly and inexpensively, these situations can become nightmares to claims professionals, risk managers, defense attorneys and others. By attending this lively and entertaining panel discussion, you will walk away with practical, real-world tips on how to deal with these difficult situations. You will hear from four experienced risk and claims professionals and a defense attorney on how to resolve the following difficult situations: A. Reducing Rising Litigation Costs B. Getting Responses From Non-Responsive Attorneys C. Managing Difficult Adjusters D. Dealing with Claimants with Unrealistic Expectations E. Closing Old, Unresolved Claims F. Explaining Nightmare Claims to Your Superiors

Roundtable 3 - Electronic Medical Records 101: What Claims Professionals Need to Know

• Speakers:

• Frank J. Brier, Myers, Brier & Kelly

• Matthew P. Keris, Marshall Dennehey

• Erin Myers, Sedgwick

Medical record evaluation is essential in any type of claim for personal injuries. Recent changes in the law and medical practice are dramatically changing how health information is being recorded, maintained and provided.   As health care providers nationwide transition from hard copy to electronic medical records, traditional record charting, preservation and production practices will become obsolete.  Further, electronic medical records can provide more information on patient care, treatment practices and physician/patient communications than paper records, if you know what to look for.  Learn more about the dramatic changes to the healthcare and discovery practice through case studies from a panel who are at the forefront on this topic.  To fully and completely evaluate claims from a damage and liability perspective, insurance professionals need to know about the changes in the law and medicine, otherwise, they will not be fully informed on their cases.  By attending this session, claims professionals will become more knowledgable on these issues and be able to develop their own new investigative claim practice.

Roundtable 3 - Herding Cats: Managing Teams of Experts in Complex Litigation

• Speakers:

• Mamoon Alyah, Envista Forensics

• James B. Carlson, Christian & Small LLP

• Katonga Harris, Travelers

• Dean Rauchwerger, Retired

engage different experts to work on one single case, as each would be limited to their own discipline and area of expertise. Though the increased number of experts improved the accuracy and depth of findings, it added more complexity to the litigation process. Managing investigations conducted simultaneously by different experts and coordinating their findings can pose a serious challenge to any litigator. This roundtable discusses these challenges faced by attorneys as they attempt to manage the work of experts from different disciplines so they can deliver coherent, clear and concise opinions that would benefit the litigator. The roundtable is hosted by a panel that includes plaintiff attorneys as well as defense. Additionally, the panel includes an expert who testified on several occasions in different jurisdictions. The panelists will attempt to address these issues each from their own perspective. They will also engage the audience to contribute their own experiences in managing experts during complex litigation.

Roundtable 3 - How to Employ Change Management in the Claims Process: A Case Study

• Speakers:

• Robert Baer, Arrowpoint Capital

• Chad Callaghan, Rimkus

• Vic Marmo, Suite 200 Solutions

There is one unifying theme common to all enhancements of claim processes; Change! Whether management is asking staff to change counsel, vendors or procedures or if the management structure itself is changing; change is intrinsic to any successful strategy implementation. However, change improperly managed or lacking appropriate communication is also the greatest risk to the success of any claim operation. Through this round table discussion we will share successful strategies for implementing change throughout the entire organizational structure. The presenters will share their real world experiences during 2 successful change initiatives and demonstrate how these strategies were employed and how they aided in the success of their programs.

Roundtable 3 - If Your Project is Green, Is It the Money or the Disease?

• Speakers:

• William Nebeker, Koeller, Nebeker, Carlson & Haluck, LLP

• Jeffrey Peters, Rimkus

• Karen Rice, Proactive

Green Building construction is now a marketing tool for construction projects. As a result, it is now a common style of construction, (it is expected in 2010 that there will be $30 - 60 billion dollars and nearly 10% of all construction will be green). Unfortunately, while a worthwhile and lofty goal, it is not without risks. These efforts to build Green construction create dangers for the untrained and unwary. With its own unique building materials and/or the use of traditional materials in new and innovative ways, many projects fail in new and unexpected ways. The desire for innovation and the attendant marketing possibilities also creates the possibility that these new products or methods could fail in ways unexpected with traditional construction. This desire for innovation in construction and design also places building owners, design consultants, general contractors, sub contractors, manufacturers, and tenants all at risk. Using three case studies and round table role playing, attendees will be able to gain first hand knowledge and experience on how best to handle various types of claims that may arise from green construction.

Roundtable 3 - Legal File Reviews: Qualitative, not Subjective

• Speakers:

• E. Phelps Gay, Unknown

• Daniel Knight, Raytheon Company

• Donald Liskov, Liberty Mutual

Insurance carrier reviews of a law firm’s case file are, even as pro forma, a fact of life. It is in both parties best interests that the needs of the mutual client, the insured, are served at all times by working in partnership to achieve the most desirable case outcome. While there is dynamic tension in crafting a system of checks and balances that focuses on the monetary aspect of case handling, lost in the shuffle can be the benefit derived from taking a close look at the work quality done on each file. Qualitative legal file reviews serve multiple purposes in the relationship between an insured, a law firm and an insurance company, the most beneficial being to open, clarify and consolidate the lines of communication and expectation in the handling of legal matters for the insured. It’s important to note that the term “qualitative” should not equal “subjective” in this process. Both the firm and the reviewers need to communicate, understand and adhere to a clear, defensible and methodical approach to file reviews, which allows the firm to share in and respond to the review findings. The ultimate goal of any such process should be the establishment and refinement of roles and responsibilities for each party that are agreed upon, codified and observed.

Roundtable 3 - Litigation Management: The Relationship Between Clients and Counsel, First Hand Perspectives and Opinions from Corporations and Insurers

• Speakers:

• Mark A Castino, Marsh

• Patrick Flanagan, Unknown

• Richard E. King, Melchiode Marks King LLC

Come join and take part in a frank discussion with Mark Castino, Risk Manager from Chicago, Bridge and Iron (“CB&I”), Patrick F. Flanagan, Litigation Specialist for Zurich North America, and Richard E. King, New Orleans Attorney for CB&I and Zurich, as they discuss and debate the issues pertaining to their relationship.  We hope no boxing ring will be needed, but issues will include, but not be limited to: The corporate client chooses a good lawyer that it can trust and has a relationship with so it does not have to micromanage strategy or billing; The insurer is concerned with trust and relationship, but costs and billing seem to get in the way; and The lawyer wants to please both clients, but at what cost.

Roundtable 3 - Reducing Costs Utilizing Innovative Technology

• Speakers:

• Bill Austill, Austill, Lewis, Pipkin & Maddox, P.C.

• Steve Elliott, Bernard, Cassisa, Elliott & Davis

• Gytis Gavelis, Skyward Specialty Insurance

• Fred Green, Self Employed

• Mary E. Hickey, Zurich North America

• Jeffrey Johnson, Johnson Law Group

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.

Roundtable 3 - The Lifecycle of a Chinese/Reactive Drywall Claim: Investigating Liability and Damages

• Speakers:

• Kathy Davis, Self Employed

• Tracey Dodd, Halliwell

Millions  of  pounds  of  Chinese/reactive  drywall  were imported into the United  States  from  China between 2004 and 2008, as a result of a drywall shortage  following  various hurricanes and a housing boom that occurred in the  United  States.  Alleged defects  associated  with  the  use of this imported  drywall  have  resulted  in  a  surge  of  litigation surrounding concerns  regarding  property  and  personal injury.  The litigation, which stretches  through  Federal  and  State  courts, impacts entities including suppliers,  developers,  installers,  retailers,  as well as the homeowners themselves.   As a result, insurance claims in response to this litigation have risen dramatically, and the response to each claim necessitates a multi-faceted approach to each claim.  The objective of the panel will be to discuss the progress of receipt of a Chinese/Reactive Drywall Claim from investigation of the claim through final disposition.  The  discussion will include basic coverage considerations which take place when  reviewing  a reactive  drywall  matter  on  the  commercial  general liability  form with additional discussion on any filed coverage litigation and the potential impact it could have on the handling of these matters. It will also include the discussion of claims handling and scientific investigation measures that impact remediation and claims costs, as well as role of counsel in the investigation of liability.  The panel will discuss the recent trends and updates in litigation, coverage issues to be presented by counsel, and scientific protocols, as well as a discussion by counsel regarding arbitration and mediation resolution.

Roundtable 3 - Trends in LPL Due to a Deteriorating Economy

• Speakers:

• Scott Barabash, Aspen Insurance

• Ryan Bolick, Cranfill Sumner LLP

• Robert Cavalier, Lucas and Cavalier, LLC

The recession has not spared lawyers from its impact.  In fact, lawyers have found themselves immersed in fending off professional liability claims directly traced to segments of the economy which have performed poorly or are vulnerable to fraudulent practices.  The panel will present case studies to encourage active dialogue identifying potential malpractice claims and suggested defense strategies.  Discussion will include issues encountered by the defense attorney as well as from the carrier perspective.  Claim avoidance tips will also be addressed - which will certainly be of interest to practioners.

Roundtable 3 - Trial Management in 2011: Using Technology to Increase Effectiveness

• Speakers:

• Jeff Albinson, Golden Scaz Gagain, PLLC

• Doug Cohen, TrialGraphix

• Matthew Hurd, Special Litigation Unit, City of Chicago

• Larry Smith, Southern Trial Counsel, PLC

• Daniel Wolfe, Magna Legal Services, LLC

Today, legal teams are under even greater pressure to develop winning case themes and deliver top notch services though constricted by leaner client budgets and firm resources. Consequently, the increasing demand to perform more with less provides litigators a unique challenge of redefining the status quo, and bringing to light new and efficient ways to prepare for trial in 2010. Among the topics to be discussed in this presentation are how to: · Streamline communications among clients, experts and providers for greatest efficiencies · Capitalize on time and cost savings associated with graphics development · Collaborate with partners, paralegals and trial team members on deposition video and transcripts · Discover valuable insight into your trial venue including juror demographics and courtroom information

Roundtable 3 - Using Treatment Guidelines to Control Excessive and Unjustifiable Medical Services; Using Predictive Outcomes to Prevent Unjustified Treatment for Chronic Pain

• Speakers:

• Robert J. Barth, Barth NeuroScience

• Richard Goff, The Taft Companies, LLC

• Steven Tipton, Flahive Ogden & Latson

A roundtable discussion will examine two closely related issues: Employers and carriers often pay for treatment in the workers compensation setting that would not be considered in a health insurance setting. Medical experts will start the ball rolling by discussing the Official Disability Guidelines Treatment in Workers Compensation (ODG) and the American College of Occupational and Environmental Medicine (ACOEM) guidelines. The focus will then shift to practical ways of using these guidelines for employers, carriers and attorneys to see that necessary treatment is provided, while avoiding excessive or unnecessary services. The second portion of the roundtable will examine the use of outcome predictors to prevent medical practitioners from performing unnecessary and often counterproductive treatments and surgeries. The discussion will focus on the various options for effectively using these predictors in litigated claims, thereby sparing the injured worker from the potential harm caused by such treatments and avoiding the unnecessary (and substantial) expense.

Committee Meetings - ADR Committee Meeting

Committee Meetings - Alternative Fee Arrangements Committee Meeting

Committee Meetings - Construction Committee Meeting

Committee Meetings - Environmental Committee Meeting

Committee Meetings - Insurance Bad Faith Committee Meeting

Committee Meetings - Insurance Fraud Committee Meeting

Committee Meetings - Litigation Management Institute

Committee Meetings - No Committee

Committee Meetings - Premises Liability Committee Meeting

Committee Meetings - Professional Liability Committee Meeting

Committee Meetings - Transportation Committee Meeting

Committee Meetings - Workers' Compensation Committee Meeting

Reception: Steamboat Natchez (Boat leaves promptly at 6pm)

Join us on the last authentic Steamboat operating on the Mississippi River. Enjoy live music, local food and fun beverages - - while cruising and networking with great views of New Orleans! (Included in conference registration fee)