2014 PDI Convocation Brochure

PRIMERUS DEFENSE INSTITUTE
PRESENTS:
Defending The Company Client
2014 Annual Convocation
April 24-27, 2014
The Westin Kierland Resort & Spa
Scottsdale, Arizona
Defending The Company Client
The lawyers of the Primerus Defense Institute are proud to present a comprehensive program
designed to explore the difficult and complex issues facing the defense of corporate and
institutional clients. We have assembled panels of experienced lawyers and clients reflecting
diverse views about the many phases of litigation from tender through trial. Each panel will
include lawyers and clients representing both insurance companies and corporate (insured)
interests and view points.
This year’s program will also feature a nationally respected trial consultant and retired state
court judge bringing added perspective.
The two day program will follow an evolving hypothetical case scenario based on real world
litigation highlighting cutting edge and practical case related problems. The event will culminate
in a mock presentation from some of the finest Primerus trial lawyers.
Real World Fact Pattern
Lawyer-Client Panels
Initial Litigation Considerations
Managing Discovery
Avoiding Trials
Going to Trial
Defending The Company Client
Anatomy of A Lawsuit -­‐ Defending The Company Client Program Agenda Friday, April 25, 2014 8:45-­‐9:00 a.m.
9:00-­‐9:55 a.m.
9:55-­‐10:10 a.m.
Introduc7on of CLE Program & Program Fact Pa@ern • John R. Brydon, Esq. – PDI CLE Chair Brydon Hugo & Parker – San Francisco, California Ini7al Li7ga7on Considera7ons– Insurance Coverage; Selec7on & Control of Counsel – Panel Presenta7on Involving Tensions Between Insurers and Corporate Insureds • Dale O. Thornsjo, Esq.-­‐ Moderator O’Meara Leer Wagner Kohl -­‐ Minneapolis, Minnesota • MaMhew Tegmeyer Casualty Manager, vrs>>Vericlaim -­‐ Naperville, Illinois • James Woody Sr. Manager, Liability Claims & LiLgaLon, Coca Cola BoMling Company, Consolidated CharloMe, North Carolina • J. ScoM Buresh, Esq. Solta Medical-­‐ Berkeley, California • Tender, SelecQon & Control of Defense Counsel • Ethical Issues Facing Defense Counsel In Disputed Coverage MaMers • Indemnity & AddiQonal Insured ComplicaQons • Managing the Insurer/Insured RelaQonship • LiQgaQon Cost ConsideraQons Break Anatomy of A Lawsuit -­‐ Defending The Company Client Program Agenda Friday, April 25, 2014 (Con7nued) 10:10-­‐11:05 a.m.
Managing Discovery – Panel Presenta7on on How 20th Century Lawyers & Clients Deal With 21st Century Discovery Demands • Bradley C. Nahrstadt, Esq. -­‐ Moderator Lipe Lyons Murphy Nahrstadt & PonLkis Ltd – Chicago, Illinois • Susanne E. Ingold, Esq. Burch & Cracchiolo, Phoenix, Arizona • Kevin C. Sovereign Liability Claim Manager, Western Region, CCMSI – Albuquerque, New Mexico • Derek S. Holland General Counsel – Red Frog Events, Chicago, Illinois • Demands of E-­‐Discovery Rules • Document Management & ProducQon • Challenge of the AMorney Client Privilege • Witness SelecQon & Corporate RepresentaQve • Containing the Cost of Discovery Anatomy of A Lawsuit -­‐ Defending The Company Client Program Agenda Friday, April 25, 2014 (Con7nued) 11:05-­‐Noon .
Avoiding Trial – Se@lement & ADR Panel Discussion – Bringing Some Certainty to an Uncertain World • Frank J. Szilagyi, Esq. -­‐ Moderator Szilagyi & Daly – HarWord, ConnecLcut • Hon. Robert L. Holzberg (Ret.) Pullman & Comley LLC – HarWord, ConnecLcut • Julie Cole_, Esq. Vice President, General Counsel, KaVo Kerr Group | Danaher CorporaLon, Washington, DC
• Alice F. Paylor, Esq. Rosen|Hagood – Charleston, South Carolina • Stefanie Warner VP of Claims, Housing Authority Insurance Group – Chesire, ConnecLcut • SeMlement vs. Trial • ADR -­‐ Real World Assessment • MMSEA –pracQcal problems & soluQons Anatomy of A Lawsuit -­‐ Defending The Company Client Program Agenda Saturday, April 26, 2014 8:00-­‐9:15 a.m.
9:15-­‐9:30 a.m.
9:30–Noon Going to Trial – Defending Corporate America and the Challenge of Juries • Richard Gabriel Decision Analysis, Inc. – Los Angeles, California • Latest Insights From Jury Research • Trial of the Company vs. Trial of the Claim • Preparing & Defending Troublesome Corporate Witnesses • Developing & ImplemenQng Defense Themes Break Live Demonstra7on & Debriefing – Panel Discussion & Real Time Results • Richard Gabriel – Co-­‐Moderator Decision Analysis, Inc. – Los Angeles, California • Timon Sullivan, Esq. – Co-­‐Moderator Ogden & Sullivan, P.A. – Tampa, Florida • Tamara L. Glaser, Esq. Neil DymoM – San Diego, California
• Mark Sedor, Esq. Manager, LiLgaLon, ScoMs Miracle-­‐Gro Company, Marysville, Ohio • Jack Else, Esq. Claims AMorney, United Fire Insurance Group – Cedar Rapids, Iowa   Mock Opening – Power of Themes   Mock Direct & Cross of Company Witness   Mock Closing Mock Trial Participants
Defending The Company Client
Primerus Trial Lawyers:
Aaron M. Pool, Esq.
Donato, Minx, Brown & Pool, P.C.
Houston, Texas
Scott Hofer, Esq.
Foland, Wickens, Eisenfelder, Ropers & Hofer
Kansas City, Missouri
Frederick C. Johs, Esq.
Lewis Johs Avallone Aviles, LLP
New York, New York
James C. Parker, Esq.
Brydon Hugo & Parker
San Francisco, California
Robert E. Muhs, Esq. (Mock Trial Witness)
Vice President, Government Affairs & Counsel,
Avis Budget Group, Inc. – Parsippany, New Jersey
Hugh A. McCabe, Esq.
Neil Dymott
San Diego, California
Jay R. Downs, Esq.
Downs & Stanford, P.C.
Dallas, Texas
Courtroom Simulation &
Professional Insight
Richard Gabriel:
Defending The Company Client
Richard Gabriel is the President of Decision Analysis. Since 1985, Mr. Gabriel has been a
leader in the field of jury research, jury selection, and litigation communication in nearly a
thousand trials in both the civil and criminal arenas across the country. Mr. Gabriel has
assisted counsel in thousands of cases across the country, including the O.J. Simpson, Heidi
Fleiss, Phillip Spector, Enron Broadband, Whitewater, Casey Anthony, and Kwame Kilpatrick
trials. Three cases he has participated in have resulted in United States Supreme Court
rulings.
Mr. Gabriel is the co-author of Jury Selection: Strategy and Science, printed by ThompsonWest Publications and now in its Third Edition, as well as a contributor to Bennett’s Guide to
Jury Selection and Trial Dynamics. Mr. Gabriel is a regular columnist for Lawyers USA on
trial strategy and has authored numerous articles on litigation communication, social
science, and litigation research for numerous State Bar Journals and other legal publications
including the American Bar Association CLE Journal, the Daily Journal, and the Notre Dame
and Loyola Law Reviews. He has appeared regularly on ABC, NBC, CBS, CNN, Fox,
MSNBC, CNBC, and NPR as a commentator on high profile trials and is regularly
interviewed by national legal publications on jury decision making and trial communication
issues.
Mr. Gabriel is the President of the American Society of Trial Consultants Foundation, which is currently funding a national
study with the ABA on jury comprehension, juror satisfaction, and participation in trials. He is a former President of the
American Society of Trial Consultants. He has been a guest lecturer at numerous law schools and has participated in both
judicial education programs and over one hundred training CLE programs on jury and judicial decision-making and litigation
persuasion.
Judicial Insight
Hon. Robert L. Holzberg (Ret.):
Defending The Company Client
Robert L. Holzberg, Connecticut Superior Court Judge (Ret.), leads the
Alternative Dispute Resolution (ADR) practice at Pullman & Comley, serving as
a mediator, arbitrator and private judge in a wide range of complex civil matters
in both state and federal courts. He retired from the bench in September 2012
after more than 20 years of service as a Superior Court judge.
Retired Judge Holzberg was appointed to the Superior Court in 1990 by
Governor William O'Neill. While on the bench he served as the presiding judge
for civil matters in the Middlesex, New Britain and Waterbury judicial districts,
and most recently served as the Administrative Judge and Presiding JudgeCivil for Middlesex Judicial District. During his career, he earned a reputation
for his skill in crafting settlements in some of Connecticut's highest profile and
most complex cases and became one of the state's most sought-after
mediators.