SESSION 1 - Presentation A - Developments in Employment Practices: What Now?
Angela Henderson, ESIS
Karen Kalzer, Helsell Fetterman LLP
Nicole Rhoades, Davis Rothwell Earle & Xóchihua P.C.
Employment law is a complex whirlwind of ever evolving torts, statutes and rights that continue to develop based on changing social perceptions and practical politics, and sometimes the impacts are unpredictable. But forewarned is forearmed and this presentation will alert you to and concisely explore with you the hot button topics and new developments that are emerging in the employment landscape. Same sex marriage, obesity, the SMART Act, family responsibilities, and employee confidentiality rights are trending as issues to watch. Both experienced practitioners and those newly initiated to the employment practices field will come away with an increased awareness of late-breaking issues and practices.Back to top
SESSION 1 - Presentation B - Point One at Me and Three Back at You: Strategies for Defending Multi-Party Professional Liability Lawsuits
Paul Hamlin, Hamlin & Burton Liability Management, Inc.
Kristen M. VanderLinde, Boyd & Jenerette, P.A.
R. Douglas Vaughn, Deutsch Kerrigan, LLP
This session will detail the importance of reaching agreement to present a united front in defending problematic multi-party litigation. We will identify joint defense agreements, the basis for, and the elements of, the joint defense agreement, as well as the manner in which the parties must perform and operate in order to protect the joint defense privilege.
Further, we will set forth specific areas of concern which must be addressed by the written joint defense agreement in order to counteract the issues of inadvertent waiver and implied relationships arising between the parties and the attorneys. We will discuss strategies for pre-determining liability sharing agreements among co-defendants and post-resolution arbitration agreements.
Finally, we will explore the effects of failure to implement such agreements on the damages awards at trial and the working relationships among defense counsel within legal communities.
SESSION 1 - Presentation C - Project Management in eDiscovery - To Bill or Not To Bill?
Christopher Adams, Consilio
Paul Garrison, Infinity Insurance Company
A.J. Krouse, Frilot, LLC
Eli Nelson, Dentons
The explosion of Electronically Stored Information (ESI) has heralded unprecedented increases in the scale, complexity, and cost of discovery. An entire industry known as "electronic discovery" has arisen to address these issues, and the law has struggled to keep up. It is a sine qua non of modern legal practice that discovery management now requires the development and coordination of specialized expertise in both law and technology.
Do ethical and fiduciary obligations of counsel also extend further? Formal project management reduces costs and risks by organizing the discovery process efficiently. Is it therefore ethically required in complex discover matters?
Given the backdrop of ethical obligations, how can clients and counsel collaborate to make sure that project management is implemented effectively in furtherance of discovery goals? Is it enough to rely on ethical principles, or are there better ways for stakeholders to work together to further the goals of efficient discovery?
We will define project management in the context of electronic discovery, then discuss assumptions, biases, operational challenges, and stakeholders that make up the current climate. The focus of our discussion will then be on how we can incentivize all stakeholders to encourage the best outcomes in terms of cost, quality, and speed.
SESSION 2 - Presentation A - Current Trends for Insurance Brokers
Javier Gonzalez, Axis Insurance Services, LLC
Guy Hollingsworth, Hanover Insurance
Stephen Jones, Admiral Insurance Company
Rinat B. Klier Erlich, Zelms Erlich & Mack
We will discuss the broker’s duties and its risks, in light of emerging new challenges for the insurance industry including, the economy, new regulations and market changes. The panelists will discuss their experience with insurance agents from an underwriting, broker, claims and legal standpoint. They will examine new trends in claims and insurance, new policies and endorsements sought and how the underwriting and claims have changed in the current state of the market. Those issues that drive those changes include, Obamacare, new regulations, an expansion of government contractors as classes of insureds, development in cyber that include media marketing and the recessionBack to top
SESSION 2 - Presentation B - Causation in Professional Liability Claims: A Sword and Shield
Ronald Green, Green Chesnut & Hughes PLLC
William Thompson, Monitor Liability Managers, LLC
Jonathan Ziss, Goldberg Segalla LLP
Frequently, professional liability claims come wrapped in a "clear liability" package. When a clear error is combined with what is perceived as a bad result, a claim is born. While to err is human, to pay a claim without a causal relationship between the error and the result is unforgiveable.
While the basic principles are pretty straightforward, causation issues present in a multitude of contexts, so issue spotting can be the difference between an efficient assessment of a claim and unnecessary and expensive litigation. At the outset it is critical that the investigation and initial assessment be thorough but not wasteful.
In many professional liability contexts, causation is a matter of expert proof, particularly where the issue is medical or scientific. In this regard an initial determination must be made as to whether expert opinion is necessary and if so, arrangements need to be made for a cost effective review. In other contexts, causation can involve the companion concepts of comparative or contributory fault, sometimes in surprising ways. The best approach to causation may often be ascertained by early analysis, and the panel will discuss specific contexts where this is the case. These contexts would include litigation and appellate malpractice, transactions, elder care law, real estate and tax errors.
The role causation issues may play will be explored, whether as basis for a more reasonable settlement or as a basis for summary judgment and/or resolution by trial.
SESSION 2 - Presentation C - You've Got Mail. . . And it is Replete with e-Discovery Risks
This panel will explore the risks and obstacles inherent with Electronically Stored Information (ESI) and where it can be found. The panel will then look at how e-discovery can complicate a case, starting with preservation through production, and the hefty burden associated with it. This panel will also discuss strategic considerations for e-discovery issues, both offensively and defensively. Then, the panel will discuss how to navigate problems that may arise with the collection or production of ESI. E-discovery ultimately can have a big impact in the courtroom, so a few examples of how it can affect the litigation will be discussed. Finally, this panel will also look at how some companies are ensuring that outside counsel are technologically proficient through screening and auditing. The panel will then discuss the implications of an audit, its possible expansion into other areas, whether attorneys should be subject to such requirements, whether insurance carriers should screen (and if so, the role it should play), and the implications of expanding an audit into other areas of technology.Back to top
SESSION 3 - Presentation A - The Professional in the Virtual Office
Steven Henning, Suite 200 Solutions
Shari Claire Lewis, Self Employed
David Rock, Trium Cyber
There has been a geometric increase in the professional use of the “virtual office” due to the confluence of bad economic conditions, ubiquitous remote access technology, and shifting work/life expectations This presentation will discuss the professional pitfalls that practicing in the virtual office may present. Legal and ethical issues that may arise will be discussed, such as in connection with professional solicitations, client identification, client communications, etc. The panel will explore the significant risk of data breach, breach of confidentiality and privacy concerns that arise in the virtual office. Participants will leave the discussion with a better understanding of the risks that are presented by the professional in the virtual office and methods to assess and manage that risk from an insurance and practitioner prospective.Back to top
SESSION 3 - Presentation B - Getting Past Stereotypes, Demographics and Other False Assumptions- Using Pyschological Data to Help Identify Risky Jurors
J. Thaddeus Eckenrode, Eckenrode-Maupin
William Kanasky, Courtroom Sciences, Inc.
Steven McMannon, CNA Insurance
Jury selection is the most important aspect of any professional liability trial, because the implication of selecting the wrong jurors is the potential for a multi-million dollar judgment. Yet, frequently, not enough attention is paid to this part of trial preparation. Furthermore, there are common fallacies and assumptions about the type of person the defense wants as a juror that may lead to poor choices. In this presentation, we will discuss some hypothetical cases and highlight the psychological approach to both the evaluation and indoctrination of jurors that may be utilized to sensitize them to the issues and to extract from them information that may reveal a hidden bias or belief that can undermine your case. Combining both art and science in voir dire examination and jury selection, defense counsel can better identify jurors who, on the surface, appear to be pro-defense, but who actually harbor beliefs that prevent them from objectively evaluating the case, instead causing them to selectively listen to evidence in order to solidify a conclusion that follows their pre-existing attitudes.Back to top
SESSION 3 - Presentation C - Thinking of Bringing eDiscovery In-house? Understanding the Risks and Costs of In-house eDiscovery
Are you in-house counsel who cringes every time you receive a new matter involving e-discovery? Have you ever thought you could reduce your litigation expenses by doing ediscovery internally? Have you ever considered bringing ediscovery in-house? This presentation will provide an overview of the issues and costs and explore some of the key pitfalls that both in-house counsel and outside counsel should be aware of when corporate counsel chooses to bring ediscovery in-house. The presentation will cover key areas to consider including the general risks involved, basics of software and hardware considerations, staffing issues, and exactly what areas of ediscovery may be more appropriate than others to internalize. Those in attendance will also better understand some of the common problems that arise between outside and in-house counsel in this area. Finally, this presentation will offer some alternatives to an “all-in” model that can reduce the risk and costs associated with ediscovery. Participants will walk away from the presentation with a better understanding of the risks and ethical considerations of corporate counsel and outside counsel alike and learn strategies to effectively reduce and control ediscovery costs – whether performed by outside counsel or by the client.Back to top
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