Tuesday, March 2, 2010
Plenary
8:00 a.m. to 12:00 p.m.
Introduction of the Program
Victoria H. Roberts, Meadowbrook/Century Insurance Groups,
Scottsdale, Arizona
"Are We In This Together?"
David Maister, Boston, Massachusetts
Introduction by John Fitts, Progressive Insurance Company,
Cleveland, Ohio, President, Federation Foundation
David Maister has long been recognized as the pre-eminent expert on
managing professionals and clients. As those of you who have heard
David before know, he is both insightful and amusing. His presentation
will focus on better client relationships, incorporating points from his most
recent book, Strategy and the Fat Smoker.
Whether you are focusing on energizing an inhouse team of professionals,
or members of your firm, or working with a client, David will provide insight
into how best to energize your team to collaborate and be willing to invest
in their future together.
Registered attendees will have an opportunity before the meeting to
submit a description of a real problem they face or have dealt with in the
past. David will incorporate as many of these as possible into his
discussion, focusing on alternative solutions.
All participants will be using hand held voting devices so that your
reactions and interests will be tabulated and used in the
presentation.
[There will be a break from 10:00 to 10:10]
Wednesday, March 3, 2010
Substantive Law Section Meetings
8:00 a.m. to 9:35 a.m.
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1. Employment Practices & Workplace Liability; Healthcare Practice; Life,
Health & Disability
“The Good, the Bad, and the Ugly: Understanding Healthcare
Reform Legislation”
An FDCC town meeting: an overview of the healthcare debate and the
legislation proposed or enacted to change America’s healthcare system.
Speakers with competing perspectives will address how the legislation
affects each of us as individuals and as employers, and how it will impact
the health insurance industry.
Moderator: Brett J. Preston, Hill Ward & Henderson, Tampa,
Florida
Panelists:
U.S. Representative Kathy Castor (D. Florida)
Jennifer E. Johnsen, Gallivan White & Boyd, Greenville, South
Carolina
Thayla P. Bohn, Feldman Franden Woodard & Farris, Tulsa,
Oklahoma
Debra Topol, Celtic Insurance Company, Chicago, Illinois
2. Property Insurance
“Stayin’ Alive” (at all costs) -- Property Insurers As Deep Pocket
Targets in Uncertain Economic Times”
As the economy has worsened, Ponzi schemes have surfaced and,
thankfully, the hurricane seasons of 2004--2005 have not repeated
themselves for four years, so insureds, public adjusters and plaintiffs’
attorneys have found unique and original ways to seek reimbursement for
economic hard times from property carriers. Three panelists will discuss
different aspects of this phenomenon: the increase and implications of
arson and fraud in home foreclosure situations; the coverage claims and
assertions made by both individual and commercial insureds for
recoupment of losses suffered in Madoff and other Ponzi schemes; and
the proliferation of 2004--2005 “supplemental” hurricane claims over the
past year-- raising some novel questions concerning rights to appraisal,
the defense of late notice and the applicability of other policy conditions.
Moderator: Rebecca Levy-Sachs, Robinson Cole, Sarasota, Florida
Panelists:
Rick L. Hammond, Johnson & Bell Ltd., Chicago, Illinois
Dennis D. Fitzpatrick, Clausen Miller PC, Chicago, Illinois
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W. Douglas Berry, Butler Pappas Weihmuller Katz Craig LLP,
Tampa, Florida
3. Corporate; International Practice & Law; Trial Tactics, Practice &
Procedures
“Mr. Toad’s Wild Ride” – Surviving (30)(b)(6) Depositions and Maybe
Even Enjoying the Ride
The panel will discuss the various practical and legal issues that arise
before, during and after a 30(b)(6) deposition, how courts have addressed
those issues and practical tips on handling them, including:
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The offensive uses and defensive danger zones presented by this
powerful weapon
Presenting and preserving case themes through these depositions,
including how to deal with smoking gun documents
Ethical issues surrounding these depositions, including what are the
limitations and pitfalls when preparing witnesses, privilege issues
and dealing with difficult opposing counsel
The corporate perspective -- what companies expect of their outside
counsel when their very own must testify beyond their personal
knowledge on behalf of the corporation
How corporate depositions are handled outside the U.S.
David A. Bertschi, Bertschi Orth Smith LLP, Ottawa, Ontario
Marcus V. Brown, Entergy Services, Inc., New Orleans, Louisiana
Howard M. Merten, Partridge Snow & Hahn, Providence, Rhode
Island
Stephen C. Pasarow, Knapp Peterson & Clarke, Glendale,
California
4. Technology & E-Commerce; Toxic Tort & Environmental Law
“It’s a Small World After All -- Nanotechnology -- The Next
Asbestos?"
Nanotechnology is the branch of engineering that deals with things smaller
than 100 nanometers (nm). [For comparison, a human hair is 80,000 nm
thick.] Nanoparticles are tiny pieces of material that, by virtue of being
small, have extraordinary properties and characteristics. The science and
engineering of these small particles has the potential to revolutionize fields
such as medicine, electronics, energy, and consumer products -- and
with that comes the potential for a wide array of new litigation. Topics will
include:
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What is Nanotechnology?
Government Regulation Issues
Coverage Issues Involving Nanotechnology
Nanotechnology's Impact on the Drug and Device Sectors (Near
Term and Beyond)
Moderator: John E. Quinn, Manier & Herod, Nashville, Tennessee
Panelists:
Weaver H. Gaines, Nanotherapeutics, Inc., Alachua, Florida
David E. Moore, P.E., Packer Engineering, Inc., Naperville, Illinois
Thomas Segalla, Goldberg Segalla, Buffalo, New York
Plenary
9:45 a.m. to 12:00 p.m.
9:45 a.m.
Welcome to Convention
Robert W. Foster, Jr., Nelson Mullins Riley & Scarborough LLP,
Columbia, South Carolina
Introduction of Past Presidents and New Members
Michael T. Lucey, Gordon & Rees, San Francisco, California
Welcome to Florida
10:15 a.m.
“Trial By Cartoon: The Use of Computer-Generated Animations and
Simulations at Trial”
Thomas M. Goutman, White and Williams LLP, Philadelphia,
Pennsylvania
Numerous examples of effective and ineffective animations and
simulations will be presented in this multi-media program, which will teach
you how to ensure your trial counsel utilizes cutting-edge technology in
presenting your case, and how to exclude your opponent’s computergenerated evidence..
11:00 a.m.
"Diversity in a Downturn - Keeping Your Diverse Attorneys through
Tough Economic Times"
Your firm has hired diverse and multi-cultural associates. Now what?
How do you help them to be as productive as possible? How can you
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maximize your return on investment so they succeed and thrive? What
pitfalls and hurdles exist that you don’t even know about?
Judge Alex Sanders will inspire us with a talk about leadership and
diversity. The Diversity Committee will then present a superb panel to
discuss the critical issues law firms are experiencing in these areas, the
best practices that have been developed nationally, and concrete steps
you can take to enhance your firm’s culture and its most important asset:
your people. Although focused on diversity, this discussion will have
widespread application to firm and law department management of
younger lawyers in general.
Moderator: David M. Louie, Roeca Louie & Hiraoka, Honolulu,
Hawaii
Speaker: Judge Alex Sanders, Sanders & Nettles, Columbia,
South Carolina
Panelists:
Wilhelmina Tribble, Lowe Tribble & Associates, Inc., Orlando,
Florida
James C. Dockery, Wal-Mart Stores, Inc., Bentonville, Arkansas
Susan B. Harwood, Boehm Brown Fisher Harwood Kelly &
Scheihing, Orlando, Florida
Joseph M. Fasi II, Gonzalez Saggio & Harlan LLP, Milwaukee,
Wisconsin
Thursday, March 4, 2010
Substantive Law Section Meetings
8:00 a.m. to 9:00 a.m.
1.
Appellate; Intellectual Property
“Federal Court or Fantasy Land?”
You really can get your case dismissed: the impact of Ashcroft v. Iqbala.
Are more changes coming?”
Howard M. Merten, Partridge Snow & Hahn, Providence, Rhode
Island
Allison D. Van Laningham, Smith Moore Leatherwood LLP,
Greensboro, North Carolina
2.
Civil Rights & Public Entity Liability
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“Fee Shifting Statutes and How They Affect Your Case”
Come hear practical tips on how to win your client’s case in the defense of
fee petitions when plaintiff seeks attorneys’ fees in a variety of State and
Federal causes of action, including Title VII and Section 1983 claims.
Moderator: Latha Raghavan, Goldberg Segalla LLP, Albany, New
York
Panelists:
David M. Fuqua, Fuqua Campbell PA, Little Rock, Arkansas
Robert D. Meyers, Kieswetter Wise Kaplan Prather PLC, Memphis,
Tennessee
Todd M. Raskin, Mazanec, Raskin, Ryder & Keller Co., LPA,
Cleveland, Ohio
3.
Class Action & MDL Litigation
“CAFA Notice Requirements for Class Action Settlements”
Andrew B. Downs, Bullivant Houser Bailey PC, San Francisco,
California
“Consumer Protection Statute Class Actions”
Terence M. Ridley, Wheeler Trigg Kennedy LLP, Denver, Colorado
“Class Actions Based on the Telephone Consumer Protection Act”
Daniel J. Gerber, Rumberger Kirk & Caldwell, Orlando, Florida
4.
Transportation
“Recent Regulatory Developments and Other Hot Topics In the
Commercial Transportation Industry”
Clay R. Porter, Dennis Corry Porter Smith LLP, Atlanta, Georgia
“Effective and Efficient Management of Experts in the ‘Less-thanCatastrophic’ Case”
Marc H. Harwell, Leitner Williams Dooley & Napolitan PLLC,
Chattanooga, Tennessee
5.
Alternative Dispute Resolution; Commercial Litigation
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"Disregarding "Manifest Disregard": The Effect of Hall Street
Associates, LLC v. Mattel, Inc. and Its Progeny on the Standard for
Arbitral Review.”
This program will discuss the Hall Street case and its decision regarding
the viability of the manifest disregard standard to vacate or modify arbitral
awards. Also covered will be the subsequent divergent opinions of federal
and state courts in interpreting Hall Street.
Reid S. Manley, Burr & Forman LLP, Birmingham, Alabama
"Avoiding Pessimism in Mediation –‘The Greatest Game Ever
Played’"
This is a unique topic that is often overlooked by mediators, the parties
and their advocates.
Nicholas V. Pulignano Jr., Marks Gray PA, Jacksonville, Florida
Jeffrey W. Lorell, Saiber LLC, Newark, New Jersey
John C. Trimble, Lewis Wagner LLP, Indianapolis, Indiana
Plenary
9:05 a.m. to 12:00 p.m.
Trial Masters Program - 2010 -- “The Art of Cross Examination”
Join us for an enlightening session as this year’s Trial Masters Program
focuses on The Art of Cross Examination. Our panelists will challenge the
established notion that good cross examination only requires following
simple advice like “ask leading questions” or “don’t ask a question to
which you don’t know the answer.” The 3-hour program will include
demonstrations, tools, tactics, pointers, and take-aways that make
attendance a “must.” We have assembled a collection of true “trial
masters” to delve deeply into the techniques that will turn your cross
examination into an inspired art.
Philip S. Beck, Bartlit Beck Herman Palenchar & Scott LLP,
Chicago, Illinois
Sandra Clark, Mehaffy Weber, Beaumont, Texas
Gray T. Culbreath, Collins and Lacy, P.C., Columbia, South
Carolina
J. Ric Gass, Gass Weber Mullins, Milwaukee, Wisconsin
The Honorable John Marshall Kest, Circuit Judge, Ninth Judicial
Circuit, Orlando, Florida
Wayne B. Mason, Sedgwick Detert Moran & Arnold, Dallas, Texas
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Timothy A. Pratt, Boston Scientific Corporation, Natick,
Massachusetts
Friday, March 5, 2010
Substantive Law Section Meetings
8:00 a.m. to 9:35 a.m.
1. Construction Litigation; Extracontractual Liability; Insurance Coverage;
Insurance Industry; Reinsurance, Excess & Surplus Lines
“Current Bad Faith Issues in Key States”
This joint program by leaders of the coverage bar will center on critical and
troubling coverage, extra contractual and bad faith issues from the
perspective of various key states. The focus will be on the identification of
the issues, a state by state comparison and suggested resolutions and
strategies from a practical standpoint.
Moderator: Thomas F. Segalla, Goldberg Segalla LLP, Buffalo,
New York
Panelists:
Joanne T. Blackburn, Gordon Thomas Honeywell Malance
Peterson & Daheim LLP, Seattle, Washington
James L. Crandall, Crandall Wade & Lowe, Irvine, California
Susan Harwood, Boehm Brown Fischer Harwood Kelly & Scheihing
PA, Orlando, Florida
Douglas G. Houser, Bullivant Houser Bailey PC, Portland, Oregon
Alex A. Jivan, Farmers Insurance, Westlake Village, California
Mary T. Porter, Selective Insurance Company of America,
Branchville, New Jersey
2. Drug, Device & Biotechnology; Premises & Security Liability; Products
Liability
“The Sophisticated User Defense in Product Liability and Premises
Liability Cases”
The "sophisticated user" defense is usually asserted in products liability
cases. However, a variation of this defense can successfully be used by
premises defendants in industrial and construction accident cases. The
training and experience of the worker and employer is the equivalent of
sophisticated knowledge about a particular product. Our joint section
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panel will address the legal elements of the defense, practical
considerations in using and proving it, and pitfalls and hurdles to avoid.
Heidi G. Goebel, Christensen & Jensen PC , Salt Lake City, Utah
Salvatore J. DeSantis, Molod Spitz & DeSantis PC, New York, New
York
Joseph M. Fasi II, Gonzalez Saggio & Harlan LLP, Milwaukee,
Wisconsin
3. Management, Economics & Technology of Practice; Professional Liability
”A Lawyer’s Risk Management Program: 60 Tips in 59 Minutes”
There are matters of common interest to firms that are particularly relevant
during these times of uncertainty. We will provide insight on how firms
can be pro-active in heading off risk rather than reacting to risk.
Moderator: Craig S. Neckers, Smith Haughey Rice & Roegge,
Grand Rapids, Michigan
Panelists:
Charles J. Baker III, Buist Moore Smythe McGee PA, Charleston,
South Carolina
Brett J. Preston, Hill Ward & Henderson, Tampa, Florida
John S. Wilkerson III, Turner Padgett Graham & Laney PA,
Charleston, South Carolina
Linda S. Woolf, Goodell DeVries Leech & Dann LLP, Baltimore,
Maryland
Plenary
10:00 a.m. to 12:00 p.m.
10:00 a.m. Business Meeting
Recognition of 50 year members; sports award winners; Admissions
Committee report; Memorial report; Sites Committee report
10:20 a.m. Preview of the 2010 Annual Meeting in Munich
Convention Chairs: H. Mills & Carol Anne Gallivan, Gallivan White &
Boyd, Greenville, South Carolina
Program Chair: Deborah D. Kuchler, Kuchler Polk Schell Weiner &
Richeson LLC, New Orleans, Louisiana
10:50 a.m. Keynote
Egil Krogh, Seattle, Washington
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"Good People, Bad Choices and Life Lessons from the White House"
Egil "Bud" Krogh worked in the Nixon White House, serving as liaison to the FBI
and coordinating Elvis' visit to the White House. Later, he was made head of its
"Special Investigation Unit" by John Ehrlichman to address the administration's
obsession with leaks to the press. The rest, as they say, is history. He later
went to prison for his role in events that led to the Watergate scandal. Following
disbarment in 1975, he successfully petitioned the Washington Supreme Court
for re-admission in 1980.
Bud has a great tale to tell, one we all lived through. It is a fascinating story,
appropriately humorous, in which he uses his personal experience as a warning
and an insight into the importance of integrity.
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