Spring 2013 - The Federation of Defense and Corporate Counsel

Transcription

Federation
FLYER
ON COLOR BACKGROUND
A publication of the Federation of
Defense & Corporate Counsel
THE
BROADMOOR
2013
FDCC Annual Meeting
“GO FOR THE GOLD”
Colorado Springs, Colorado
Make plans now to attend the 2013
Annual Meeting at The Broadmoor Resort
Sunday, July 28 – Sunday, August 4, 2013
in Colorado Springs, CO from July 28 –
August 3, 2013. With a spectacular venue,
a dynamic program, and some amazing
activities, this promises to be one of the
best meetings we have had! The theme of
the meeting is “Go for the Gold,” which reflects the desire of Federation members to be
the best. Our goal is to make us better attorneys
for having attended – or in words of the Olympic
motto, to become “Faster, Higher, Stronger.” Below is a
glimpse of what we have in store for you this summer.
The Broadmoor is nestled in the shadow of “America’s Mountain,”
Pikes Peak. It is one of the premier resorts in the world, having the distinction of being the longest consecutive winner of AAA’s Five Diamond
and Forbes Travel Guide Five Star Awards. As
part of The Broadmoor’s 3,000 acres, there
Contents
(click on titles below)
are three championship golf courses on the
property designed by Donald Ross, including
Annual Meeting CLE
the East Course which hosted the US Women’s
Board Candidates
Open in 2011, and (more notably), will host
the 2013 FDCC Golf Tournament.
Tech Talk
The Broadmoor Spa has been recogSec.-Treasurer Report
nized as one of the top spas in North America
offering many treatments and services speWinter Meeting Recap
cializing in rest and relaxation. The tennis
President Elect Report
facilities at the resort are top rate and will host
our annual FDCC Tennis Tournament. The
Corporate Counsel Symp.
main swimming complex includes an 11,000
Foundation News
square-foot infinity-edge pool located at the
north end of Cheyenne Lake and features Slide
Legislative Update
Mountain waterslides, a children’s pool, two
LMC Program
14-person whirlpools, 13 cabanas, and a
pool café.
Board Chair Report
The Program, “Mining for Tomorrow’s
Gems,” being planned by Walter Dukes, is
LCJ News
engaging and informative. Not only will you be
DRI Report
presented with new and innovative topics during section meetings, but the plenary programs
2014 Winter Meeting
New Members
Click to page 3
Volume 40, No. 2 | Spring 2013 | Editor, Gregory A. Witke
ON WHITE BACKGROUND
President’s
Message
Edward M. Kaplan, President
Why We Travel
As many of you know, the President and
the President-Elect of the Federation are
honored to represent the FDCC as we
travel to meetings of our sister defense
organizations and other organizations
generally related to the protection of
the civil justice system, and particularly,
the defense of civil litigation. The organizations with which we regularly meet
include the Association of Defense Trial
Attorneys, the International Association of Defense Counsel, Lawyers for
Civil Justice, and The Defense Research
Institute. The President-Elect, President,
and Chairman of the Board of the Federation are also Board Members of the
DRI and of LCJ. In this role, we, again,
represent the interest of our organization to make certain that those interests
are considered when the DRI or LCJ
take positions which could impact the
defense bar.
In addition to those noted above,
the President and President-Elect also
participate in the ABOTA roundtable.
This roundtable consists of representatives from many organizations involved
in the civil justice system, whether they
are on the plaintiff side, the defense
side, or members of academia. The
purpose of the ABOTA roundtable is to
address issues common to the civil de-
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President’s Message
fense of lawsuits to try and come to
a unanimous resolution concerning
issues related to preservation of the
jury trial system.
Recently, I was invited to attend
the National Judicial College’s conference on promoting civility in the
American Justice System. Approximately 75 judges and lawyers representing the plaintiff and defense bar
came together at this conference to
brainstorm concepts and determine
the principles that underly promoting
civility in the courtroom and in all
other areas of litigation. When the
report of this meeting is released, the
FDCC contribution will be noted.
This travel takes a significant
amount of time and obviously has
some expenses attached to it. However, the relationships that our sister
organizations build with us have
value to the Federation. It certainly
increases our visibility. It allows us
to join with organizations (such as
the IADC) to develop joint programs
which minimize our own expense and
risk. One such program occurred
recently when we joined with the
IADC to put on the Joint Law Firm
Management Conference.
Our participation at LCJ Roundtable and National Judicial College
conferences gives the FDCC an opportunity to meaningfully contribute
in the decisions that impact rule
making, legislation, and other aspects of trial practice. These efforts
are in concert with the “justice” component of Federation core values.
Our contacts also allow us to
continue the process of expanding
those who know of the Federation
and, perhaps, chose to use our attorneys. Significantly, we have begun to expand these efforts beyond
our current international contacts.
Through our travels, we have come
2 | Federation Flyer | Spring 2013
to know about and are beginning
to form important relationships with
AIDA, the International Association
of Insurance Law. AIDA membership
includes academics, lawyers, and insurance representatives from around
the globe. Many of these individuals
participate in litigation and arbitration in the U.S. The FDCC officers
and Board believe these relationship
efforts could prove very beneficial to
our membership. We have now “officially” attended three AIDA meetings and hosted their President at
our recent Phoenix and San Antonio
conventions. Although we have often
tried to expand further into Europe,
we have limited success in that re-
gard and this relationship could be
an important difference for the Federation.
The Officers and Executive Committee of the Federation regularly
discuss our travel obligations to
evaluate whether or not they provide
benefit to the Organization. This issue will undoubtedly be revisited
again. For the moment, we believe
our schedule is reasonable and important to the Federation despite the
burden it sometimes places on the
Officers. We welcome any input that
our Members may have or any questions concerning the Officers’ travel
schedule.
This travel takes a significant amount of time and obviously has
some expenses attached to it. However, the relationships that our
sister organizations build with us have value to the Federation.
THE
BROADMOOR
Colorado Springs, Colorado
2013
Fdcc Annual Meeting
REGISTER NOW
promise to deliver exciting new
topics including unexpected pitfalls
for even the most experienced trial
lawyers. Panels will include in-house
corporate counsel, insurance professionals, and many of our members.
Cutting-edge technology will be
presented during the plenary session
as it relates to 3D printing and animation, and how they can be used
at trial to defend the most difficult of
cases, and the use of predictive coding to mine for hidden information in
large volume cases.
Our lineup of speakers is impressive. The program will open
with a riveting discussion by Chuck
Rosenberg, former U.S. Attorney for
the Eastern District of Virginia. He
will speak about the investigation
and prosecution of the government’s
death penalty case against convicted
9/11 terrorist and co-conspirator
Zacarias Moussaoui. Mr. Rosenberg
has a remarkable story to tell that
none of us would ever hear, let alone
know and fully appreciate, in the
absence of his presentation, which is
dedicated to the memory of the 9/11
victims. John Suthers, Attorney General
for the State of Colorado, will provide
an insightful analysis of “A Slippery
Slope: When the Legal Becomes Legal,” stemming from Colorado’s legalization of marijuana and its potential impact on employers and others.
Alison Levine is our keynote
speaker and will present “Busi-
ness Lessons from the Ledge.” This
presentation will inspire you like no
other and will be a fitting end to the
program. Alison’s accomplishments
are extraordinary. She has overcome
tremendous hurdles in life to become
the team captain of the First Women’s Everest Expedition and have
a successful career on Wall Street,
among many other accomplishments. She is the subject of the PBS
documentary Living Courageously
(2007) and has made numerous
appearances on The Today Show,
Good Morning America, CNN, FOX,
CNBC, CBS’ Evening News, and
other national programs. Her story,
which has been the subject of articles
in Oprah Magazine, National Geographic, Entrepreneur, Sports Illustrated, and other publications, is one
you do not want to miss.
The activities available for you
are as broad as your imagination
and offer once-in-a-lifetime opportunities. At the top of the list is our
theme party which will be held at
the U.S. Olympic Training Center.
Throughout the evening, we will get
the unique opportunity to watch live
demonstrations by the actual Olympic athletes in their respective sports.
The athletes will also be available to
answer your questions and sign autographs. You will have an opportunity
to explore the Visitors’ Center, as well
as take a tour of the entire Olympic
Training Center while enjoying delicious food from around the world.
We will also be enjoying the
many breathtaking sights in the area
as you tour the Garden of the Gods
your way - whether it is on horseback, a Segway, a jeep, or on foot.
The views get no better than on top
of Pikes Peak which you can experience after taking the Cog Railway up
to the 14,115’ summit. We will also
have fly fishing, whitewater rafting,
zip lining, and mountain hiking.
For the “Dancing With the Stars”
wannabes, there will be ballroom
dance lessons as well as painting
lessons out on the beautiful grounds
at The Broadmoor. You will learn
how to become the envy of all your
friends on football weekends as we
enjoy a cooking and tablescape
demonstration – tailgate style! If that
were not enough, we will share in a
fellowship dinner at the Cheyenne
Mountain Zoo.
The Federation kids will have
a busy week as well with an FDCC
Family Olympics on the Broadmoor
lawn. There will be a Parent/Child
Bowling Tournament as well as activities around the resort property,
including s’mores, movie night, a
game room, volleyball tournament,
and much, much more.
Please join Ed and Maddy Kaplan as they welcome you to this
exquisite resort for an unforgettable
week of fun, fellowship, learning,
and friendship. See you at the “Riviera of the Rockies.”
—Scott and Susan Kreamer
Federation Flyer | Spring 2013 | 3
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Sunday, July 28 – Sunday, August 4, 2013 CLE
WEDNESDAY
2013 Fdcc Annual Meeting
Sunday, July 28 – Sunday, August 4, 2013 Wednesday, July 31, 2013
7:30 – 8:45am
SUBSTANTIVE SECTION MEETINGS:
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COMMERCIAL LITIGATION/FINANCIAL
INSTITUTIONS
“Best Practices for Representing Clients
Regulated by the Consumer Financial
Protection Bureau (CFPB)”
Panelists:
• Charles E. Griffin - Butler, Snow, O’Mara, Stevens & Cannada, PLLC, Ridgeland, Mississippi
• Frank Ozment - Assistant General Counsel, Regions Financial Corporation, Birmingham, AL
MANAGEMENT, ECONOMICS,
COMMERCE, AND TECHNOLOGY
“Driving Your Practice Into the Online
Economy”
This program will demonstrate how to
make better use of the electronic and mobile
technologies in managing your practices and
reaching out to prospective clients, while also
serving existing clients more efficiently.
Panelist:
• Elliot G. Hicks – Spilman,Thomas & Battle, Charleston, West Virginia
APPELLATE LAW/ALTERNATIVE DISPUTE
RESOLUTION
“Putting the Pieces Back Together Again”
The Gladiators are done, the trial is over. Now the
orators and scribes begin assembling the appeal.
But is there a chance to resolve a case this late
in the game by mediation? Is it worth the effort?
Learn how it is worth the effort and just how the
Appellate Courts make mediation work to even
put Humpty Dumpty back together again.
Panelists:
• Craig Marvinney –Walter & Haverfield, LLP, Cleveland, Ohio
• Meloney Perry – Perry Law, P.C., Dallas, Texas
• David W. Aemmer – Chief Circuit Mediator, U.S. Court of Appeals, Denver, CO
CIVIL RIGHTS AND PUBLIC ENTITY
LIABILITY
“The Fourth Amendment: Can it Keep up With
Technology”
The Constitution provides fundamental protections
for our privacy and from unreasonable intrusion
by the state. Technology, much of it available off
the shelf, challenges conventional ideas of privacy
and arms the police with tools that reach beyond
anything the Framers of the Constitution could
have imagined. This program will examine the case
law and emerging trends in Fourth Amendment
Jurisprudence as well as the advances in technology
and how those advances in technology may conflict
with our fundamental freedoms.
Panelists:
• David M. Fuqua – Fuqua Campbell, P.A.,
Little Rock, Arkansas
• George J. (Jay) Bequette, Jr. – Bequette & Billingsley, P.A., Little Rock, Arkansas
Moderator:
• Robert L. Christie – Christie Law Group, PLLC, Seattle, Washington
Mining for Tomorrow’s Gems”
CLE
WEDNESDAY
OPENING GENERAL SESSION
10:30am – 12:00pm
9:00 – 9:10am
THE INVESTIGATION AND PROSECUTION
OF THE 9/11 CONSPIRACY
This engaging presentation by former U.S.
Attorney for the Eastern District of Virginia,
Chuck Rosenberg, will focus on the investigation
of the 9/11 terrorist
attacks and the
prosecution of Zacarias
Moussaoui, the only
terrorist ever tried on
U.S. soil in connection
with those attacks.
Welcome to the Convention by the FDCC
Convention and Program Chairs
• J. Scott Kreamer, Convention Chair –
Baker, Sterchi, Cowden & Rice, LLC,
Kansas City, Missouri
• Walter W. Dukes, Program Chair – Dukes,
Dukes, Keating & Faneca, P.A., Gulfport, Mississippi
9:10 – 9:30am
Introduction of New Members, Past Presidents,
and Special Friends
• FDCC President Edward M. Kaplan –
Sulloway & Hollis PLLC, Concord, New Hampshire
9:30 – 10:30am
“Elevate Your Game”
This panel discussion, among experienced trial
lawyers and the judiciary, will address tips that we
can all use in addressing the court and pitfalls to
avoid during trial.
Panelists:
• Honorable Christine Arguello –
USDC Judge, District of Colorado
• Honorable John Madden, IV –
USDC Judge, District of Colorado
• Honorable Nancy Rice –
Colorado Supreme Court
• Jeffrey R. Pilkington – Davis, Graham & Stubbs, LLP, Denver, Colorado
• Kile T. Turner – Norman,Wood, Kendrick &
Turner, Birmingham, Alabama
Chuck Rosenberg served
as the former U.S.
Attorney for the Eastern District of Virginia in
several senior posts at the Department of Justice
where his work focused on counter-terrorism,
counter-intelligence, national security, and
criminal matters, including service as Chief of
Staff to Deputy Attorney General Jim Comey
(2004-2005), Counselor to Attorney General
John Ashcroft (2003-2004), and Counsel to FBI
Director Bob Mueller (2002-2003). From 1990 to
2000, Chuck was an Assistant U.S. Attorney for the
Eastern District of Virginia. There, Chuck tried
dozens of cases to juries and briefed and argued
many of those cases to the U.S. Court of Appeals
for the Fourth Circuit. Chuck has prosecuted cases
that range from complex financial fraud crimes to
violent crimes and espionage.
Speaker: Chuck Rosenberg,Washington, D.C.
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“Go for the Gold -
CLE
THURSDAY
Sunday, July 28 – Sunday, August 4, 2013 Thursday, August 1, 2013
7:30 – 8:45am
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CONSTRUCTION LITIGATION
“The Anatomy of a Bid Rigging Case: Catch
Me if You Can”
This program will explore civil RICO and whistle
blower claims arising out of a bid rigging scheme,
and the extent to which your client’s E&O/D&O
coverages may be obligated to pay for criminal and
civil trial costs and legal fees.
Panelists:
• Aaron Sato – Manhattan Assistant District
Attorney, New York, New York
• Kevin G. Faley – Morris, Duffy, Alonso & Faley, New York, New York
EMPLOYMENT PRACTICES AND
WORKPLACE LIABILITY
“Using Real-World Laws to Navigate the
Virtual World of Employee Internet Activity”
You have seen the movie, and maybe you have
even heard of Second Life - the premiere of virtual
community. Did you also know that Avatars’ onscreen identity – are increasingly being used in
the work place setting? H.R. managers engage in
virtual hiring by interviewing candidates – Avatars,
rather than engaging in old-fashioned - face-to-face
interviews. Join us for a presentation on where the
imaginary world meets reality in the ever changing
world emerging considerations in employment law.
Panelists:
• Violet M. Clark – Laner, Muchin, Dombrown, Becker, Levin, and Tuminberg, Ltd., Chicago, Illinois
• Paul Finamore – Niles, Barton &Wilmer, LLP, Baltimore, Maryland
• Cori Cook – Chief Operating Officer and
General Counsel, EBMS, Billings, Montana
Moderator:
• Michele Ballard Miller – Miller Law Group, San Francisco, California
TRANSPORTATION
Segment I
“Liability for Sudden Mechanical Failure on
the Highway: A Case in Point”
This program will be divided into two segments.
The first will involve the defense of a catastrophic
BI claim due to a unique mechanical failure of a
tractor trailer.
Panelists:
• Robert A. Biggs, III – Biggs, Ingram, Solop
and Carlson, LLC, Jackson, Mississippi
• Stephen M. Werner, Ph.D. – Principal Engineer in Exponent’sVehicle Division,
Phoenix, Arizona
Segment II
“Hot Trucking Topics - Courtesy of the DOT”
This presentation will examine recent and
significant trucking regulations and the impact
on the motor carrier industry and litigation. Hot
topics will include the latest updates on CSA and
crash accountability, hours of service, broker
liability, and a discussion of recent industry
lawsuits filed against the FMSCA.
Panelist:
• Peter S. Doody – Higgs Fletcher & Mack, LLP, San Diego, California
CLE
THURSDAY
PROPERTY INSURANCE
9:10 – 10:00am
“What’s in a Name(d Storm)? What Sandy
has Taught Us About Flood, Storm Surge, and
FEMA”
A SLIPPERY SLOPE: WHEN THE ILLEGAL
BECOMES LEGAL
Speaker:
• Honorable John Suthers –
Attorney General, State of Colorado
Moderator:
• Stephen L. Carter – Carter Perry Bailey LLP, London, England
John W. Suthers has served as District Attorney,
presidentially-appointed U.S. Attorney and now
as Colorado’s 37th Attorney General. He also
served as the Executive Director of the Colorado
Department of Corrections under Governor Bill
Owens. As Attorney General, he represents and
defends the interests of all Coloradans and is chief
legal counsel and advisor to state government and
its many agencies, boards, and commissions. In
his tenure as Attorney General, Mr. Suthers has
initiated successful programs to protect children
from Internet predators, reduce mortgage and
foreclosure fraud, and combat methamphetamine
abuse in Colorado. Mr. Suthers has authored five
books, including No Higher Calling, No Greater
Responsibility: A Prosecutor Makes His Case (Fulcrum
Publishing, 2008), an analysis of the prosecutor’s
role in the justice system.
9:00am – 12:00pm
10:00 – 11:00am
PLENARY PROGRAM:
ETHICS AND PROFESSIONALISM
9:00 – 9:10am
“Managing Risks and Avoiding Malpractice and Familiar
Attorney-Client Relationships”
Panelists:
• W. Neil Rambin – Sedgwick, Dallas, Texas
• Jeffrey S.Weinstein – Mound, Cotton,Wollan & Greengrass, New York, New York
• James L. Kelly, Jr. –Vice President, Property Coverage, ACE, USA, Wilmington, Delaware
RE-INSURANCE, EXCESS AND
SURPLUS LINES
This meeting will be an open discussion for ReInsurance members.
WELCOME TO COLORADO SPRINGS
Lawyers in comfortable, longstanding attorneyclient relationships often become complacent and
fail to follow good risk management practices.
This can lead to errors, misunderstandings, and
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Was “Sandy” a hurricane when it made landfall
on the Northeast coast? Does the answer even
matter since “Sandy” was a “Named Storm?” Is
a “Storm Surge” also a “Flood” for purposes of
applying high hazard flood restrictions? What is a
FEMA designated “High Hazard Flood” property?
Coverage issues arising out of Sandy and their
potential application in other jurisdictions will be
discussed by a panel of coverage experts.
This insightful presentation will analyze the
Legalization of Marijuana and its potential impact
on civil litigation.
CLE
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THURSDAY
Sunday, July 28 – Sunday, August 4, 2013 miscommunication, which, in turn, can and does
lead to bad outcomes and unnecessary claims.
So join our program and get your 1 hour of CLE
credit while experiencing new ways to keep this
from happening to you from the perspective of
inside and outside counsel.
• Lee Wright – AVP and Senior Claims Panelists:
• Thayla Painter Bohn – American Fidelity Corporation, Oklahoma City, Oklahoma
• Brett J. Preston – Hill Ward & Henderson, P.A., Tampa, Florida
11:00am – 12:00pm
BLOCKBUSTER SECTION I
“Landmines for Lawyers:When the Canary
Starts Singing”
CLASS ACTION AND MULTI-DISTRICT
LITIGATION/EXTRA CONTRACTUAL/
INSURANCE COVERAGE/ LIFE,
HEALTH AND DISABILITY/PROPERTY
INSURANCE
This panel discussion will present examples of
aberrant, unexpected legal traps which have
surprised experienced defense and coverage
lawyers that previously thought they were on
solid legal ground. The program will identify
decisions which have resulted in outcomes
counter-intuitive to developed precedent and legal
principles customarily following which resulted in
unexpected exposure to the client, and the lawyer
handling the case.
Panelists:
• Joanne T. Blackburn – Gordon,Thomas,
Honeywell, Malanca, Peterson & Daheim, LLP, Seattle, Washington
• Michael T. Glascott – Goldberg Segalla, LLP, Buffalo, New York
• Robert B. Hunter – Hunter Law Firm,
Denver, Colorado
• C. Michael Johnson – The Johnson Law Firm, LLC, Atlanta, Georgia
• Jay R. Sever – Phelps Dunbar, LLP,
New Orleans, Louisiana
Consultant, XL Insurance Company
Moderator:
• John M. Intondi – Axis Insurance,
Alpharetta, Georgia
Friday, August 2, 2013
7:30 – 8:45am
“Turning New Guns on Old Targets: Class
Actions Against Insurance Companies”
This program will address the different types
of class actions that have been brought against
insurance companies and the legal issues that these
cases have presented. Section panelists will also
attempt to look into the future to determine what
the plaintiff’s bar may find as a new source for
class action litigation. Subjects to be addressed as
potential class action claims will include insurance
coverage issues and claims handling issues in each
of the participating sections.
Panelists:
• Sheila K. Carmody – Snell &Wilmer, LLP, Phoenix, Arizona
• Steven E. Goldman – Robinson & Cole, LLP, Hartford, Connecticut
• Wystan M. Ackerman – Robinson & Cole, LLP, Hartford, Connecticut
• Andrew B. Downs – Bullivant Houser Bailey, PC, San Francisco, California
BLOCKBUSTER SECTION II
Premises Liability/Products
Liability/Healthcare Practice/
International Practice and Law
“The Aftermath of MassViolence: Legal and
Psychiatric Implications”
Since February 1996, there have been 77 school
shootings worldwide, 80% of which have been
in the United States. Of those shootings, 382
children, teachers, and administrators have been
killed, while 280 have been wounded.
This blockbuster panel will address the
conundrum between the right to keep and bear
arms and the liability of those who sell them, as
well as the therapists who fail to report those
persons who threaten to use weapons against
others.
Panelists:
• Doris Gunderson, Ph.D. –
Forensic Psychiatrist, Denver, Colorado
• Kevin Taylor – Taylor Anderson, LLP, Partner, Denver, CO
Moderator:
• John P. Rahoy – Brown & James, P.C.,
St. Louis, Missouri
9:00 – 10:00am
PLENARY PROGRAM:
“Predictive Coding: Going on the Offensive Using
Analytical Tools to Mine for Nuggets Hidden in Large
Volume Cases”
Predictive coding is a new technology attracting
tremendous attention. Proponents claim that
CLE
FRIDAY
computers trained by high level reviewers can
provide cheaper, faster, and more accurate
e-discovery review than expensive linear human
review. Is predictive coding the solution needed
to tame the costs and burdens of electronic
discovery that threaten to drown our civil justice
system? What are the practical issues lawyers
face in understanding and trying to use this new
promising technology? You will here from the judge
who issued the first decision approving the use of
predictive coding in the federal courts and from one
of the leading experts on this exciting technology.
Panelists:
• Howard M. Merten – Partridge, Snow & Hahn,
Providence, Rhode Island
• Honorable Andrew Peck – United States Magistrate Judge, New York, New York
• Matt Nelson – In-House Counsel for Symantec’s E-Discovery Department, San Francisco, California
10:00 – 11:00am
Keeping the Big Bad Wolf Out – The Three Little Pigs and Cyber Risk: Preventing Your Home
and Business from Becoming Bacon “Bits”
We are all exposed to “CYBER” risks! This panel
will explore the “ins and outs” of this exposure and
these risks. We will discuss how these risks occur,
the potential impact, what to be aware of from the
technical, liability and insurance coverage perspectives and how to AVOID such risks. This panel is
composed of industry representatives and attorneys who have experienced many of these problems and will provide cautions and solutions!
Panelists:
• Kimberly D. Baker –William, Kastner and Gibbs, PLLC, Seattle, Washington
• Carol Kreiling – Swiss Re, Belton, Missouri
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CLE
FRIDAY
Sunday, July 28 – Sunday, August 4, 2013 • Thomas F. Segalla – Goldberg Segalla, LLP, Buffalo, New York
• W. Neil Rambin – Sedgwick, Dallas, Texas
• Shukri J. Souri, Ph.D. – Exponent, Inc., New York, New York
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11:00am – 12:00pm
“Avatar in the Courtroom: Is 3D Technology
Ready for Primetime?”
When James Cameron waited fifteen years for 3D
cinema technology to catch up to his vision for
Avatar, he revolutionized an industry’s thinking.
Join with our panel to explore how 3D and related
‘otherworld-ish’ technology is not only poised to,
but is already shaping courtroom presentations
for more effective ways of enabling juror
comprehension of the simple and the complex.
Panelists:
• Karen Campbell – Lewis, Brisbois, Bisgaard & Smith, LLP, New York, New York
• Casey Gooden - Barnes & Roberts, L.L.C., Dallas, Texas
• Craig A. Marvinney –Walter & Haverfield, LLP,
Cleveland, Ohio
• Stuart Simon – American Jury Consultants,
Sun Valley, Idaho
• Derek D. Lick – Sulloway & Hollis, PLLC, Concord, New Hampshire
Moderator:
• Edward J. Currie – Currie, Johnson, Griffin, Gaines & Myers, P.A., Ridgeland, Mississippi
Saturday, August 3, 2013
9:00 – 9:45am
BUSINESS MEETING
9:45 – 10:00am
2014 WINTER MEETING AT MARCO
ISLAND PREVIEW
• Convention Chairs Elizabeth and
Jeff Lorell
10:00 – 11:00am
Keynote Speaker - Alison Levine
Alison Levine is no stranger to risk-taking. She
has survived sub-zero temperatures, hurricaneforce winds, sudden avalanches, and a career on
Wall Street. Surprisingly, Levine was born with
a life-threatening
heart condition that
precluded most
demanding physical
activities, but
thirteen years after
her initial diagnosis
with Wolf-ParkinsonWhite Syndrome,
she had surgery that
changed her life –
and climbing stairs
soon gave way to
climbing mountains, a passion she continued to
pursue despite her initial health setbacks.
Over the years, as she continued to climb the
corporate ladder, Levine also pushed her limits on
the world’s highest peaks and soon became one
of the most experienced female mountaineers
in the country. She has climbed peaks on every
continent, served as the team captain of the first
American Women’s Everest Expedition, and skied
across the Arctic Circle to the geographic North
Pole. In January 2008, she made history as the first
American to complete a 600-mile traverse from
west Antarctica to the South Pole following the
route of legendary explorer Reinhold Messner.
Levine completed this arduous journey on skis
while hauling 150 pounds of her gear and supplies
in a sled harnessed to her waist. In 2010, with her
successful expedition to the top of Mount Everest,
she became one of the few climbers to complete
the Adventure Grand Slam – climbing the Seven
Summits (highest peak on each continent) and
skiing to both Poles.
Levine’s expeditions have been documented by
more than 450 media outlets. She is the subject
of the PBS documentary Living Courageously (2007)
and has made numerous appearances on The Today
Show, Good Morning America, CNN, CNBC, FOX,
CBS’ Evening News, and other national programs.
She is featured prominently in the book More Than
85 Broads, the book that captures the efforts of
women on Wall Street to find success and take
risks on their own terms. Her accomplishments
are also featured in other books including Smart
Moves and In Extremis Leadership. Her story has
been the subject of articles in Oprah Magazine,
National Geographic, Entrepreneur, Sports Illustrated,
Outside, and other publications. Her new book,
Cliff Notes: Leadership Lessons from the Ledge, is due
out January 8, 2014.
CLE
SATURDAY
Levine has spent more than two decades in the
business world. Her professional career has
encompassed healthcare, technology, and finance.
After earning her MBA from Duke University,
she moved to New York to work for investment
banking from Goldman Sachs. In 2003, she left
Wall Street to serve as deputy finance director for
Arnold Schwarzenegger in his successful bid to
become Governor of California.
Levine currently serves as an adjunct professor
at the United States Military Academy at West
Point in the Department of Behavioral Sciences
& Leadership. She also has her own consulting
firm, Daredevil Strategies, which specializes
in organizational effectiveness, leadership
development, and team dynamics. By drawing
parallels between staying alive in the mountains
and thriving in a fast-paced business world, Levine
focuses on the topics of leadership, teamwork,
overcoming odds, taking responsible risks, and
dealing with changing environments.
*The FDCC reserves the right to change or modify
the program, topics, and/or speakers due to unforseen
circumstances.
Book Club
The FDCC Book Club’s pick for the 2013 summer meeting is “Wild: From
Lost to Found on the Pacific Crest Trail,” a 2012 memoir by Cheryl Strayed,
describing her 1,100-mile hike on the Pacific Crest Trail in a journey of selfdiscovery. The book reached No. 1 on the New York Times Best Seller list,
and was the first selection for Oprah’s Book Club 2.0. It’s a fun read – sure
to inspire you to take a hike up one of Colorado’s highest peaks
—Mary Casey Goldstein
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FDCC Board Candidates
SECRETARY-TREASURER
Declared Candidates for FDCC Leadership (as of May 14, 2013)
Steven E. Farrar
Smith Moore Leatherwood LLP
Greenville, SC
Leadership Summary
Vision Statement
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FDCC Senior Director
Bruce Celebrezze
Sedgwick LLP
San Francisco, CA
Leadership Summary
Walter Dukes
Dukes Dukes Keating Faneca PA
Gulfport, MS
Leadership Summary
H. Mills Gallivan
Gallivan White & Boyd PA
Greenville, SC
Leadership Summary
Deborah D. Kuchler
Kuchler Polk Schell
Weiner & Richeson LLC
New Orleans, LA
Leadership Summary
Donald L. Myles, Jr.
Jones Skelton & Hochuli
Phoenix, AZ
Leadership Summary
Deborah Tedeschi Varner
McNeer Highland
McMunn Varner LC
Clarksburg, WV
Leadership Summary
J. Scott Kreamer
Baker Sterchi Cowden & Rice LLC
Kansas City, MO
Leadership Summary
FDCC Director
Edward J. Currie, Jr.
Currie Johnson Griffin
& Myers PA
Jackson, MS
Leadership Summary
Andrew B. Downs
Bullivant Houser Bailey, PC
San Francisco, CA
Leadership Summary
Michael T. Glascott
Goldberg Segalla LLP
Buffalo, NY
Leadership Summary
Clark R. Hudson
Neil Dymott
San Diego, CA
Leadership Summary
John M. Intondi
AXIS Insurance
Alpharetta, GA
Leadership Summary
Howard M. Merten
Partridge Snow & Hahn
Providence, RI
Leadership Summary
Leslie C. Packer
Ellis & Winters LLP
Raleigh, NC
Leadership Summary
Brett J. Preston
Hill Ward & Henderson PA
Tampa, FL
Leadership Summary
Todd A. Roberts
Ropers Majeski Kohn Bentley
Redwood City, CA
Leadership Summary
W. Michael Scott
CrownQuest Operating LLC
Midland, TX
Leadership Summary
Elizabeth F. Lorell
Gordon & Rees LLP
Florham Park, NY
Leadership Summary
Federation of Defense & Corporate Counsel Hotels and Rooms
How Using Our Contracted Hotel Benefits the Federation
The FDCC Sites Committee
works very hard to find hotels and
meeting locations that will meet our
needs for meeting space and nice
accommodations. It is also important
for our members to enjoy the hotel
that is chosen for our meetings as
well as the location.
You might ask “How are the hotels selected?” The first action is the
submission of Request for Proposals
to appropriate hotels in the location
recommended by the Sites Committee and approved by the Board of
Directors. The RFP has the meeting
schedule, food and beverage functions, projected attendance, numbers
of sleeping rooms to be reserved
for our members, and other special
needs.
After the various hotels submit
bids, the Sites Chair and Executive
Director make visits to appropriate
properties that seemingly have met
our needs in their proposals. Negotiations then begin, usually with the
hotel that best meets the requirements we have. The Sites Chair and
Executive Director strive to not only
negotiate the lowest group rate,
but also make sure meeting space
is complimentary and the other
clauses that have been developed
for our contracts are accepted and in
place. Once this procedure is complete, and an agreement has been
received, the contract is sent to the
Contracts Committee who gives any
additional suggestions and revisions.
Their changes go back to the hotel
once again, and when everything is
settled, the contract is signed with
approval of the Board of Directors
(or Executive Committee).
When the FDCC signs a hotel
contract, there are financial implications if we do not meet our room
block as well as food and beverage
commitments. The blocked hotel has
agreed to hold the number of sleeping rooms we think we will need as
well as the amount of meeting space.
If members stay in an alternative hotel, or book their room outside our
block, the Federation will not meet
our room block commitment which
results in the FDCC paying charges
for attrition. The same holds true
if we do not meet our obligations
for the amount of revenue we have
promised to the hotel for food and
beverage usage.
Another problem we sometimes
face happens when members and
families are planning to attend conventions and book their rooms at the
hotel early. Closer to the date of the
meeting, the reserved rooms are cancelled when a member finds he/she
or family members cannot attend.
These cancellations occur after the
deadline when the Federation can
take a cut in the room block without
penalty. If those rooms are not filled
by others, the FDCC must then pay
attrition fees for all of the rooms not
reserved. Sometimes, there are members whose schedules have changed
and they are able to attend the meeting, although they are unable to
reserve a room because it is held by
someone who isn’t even sure if they
will come. If a member has reserved
rooms and is unable or unsure if they
will be able to attend a convention,
it is better to release the rooms early
enough that others may use the reservation or the Federation can take
our allowable cut in the room block
commitment.
Failure to meet our commitments
can result in significant financial penalties to the Federation. We request,
and it would be helpful to the Federation, if all members, guests, and
exhibitors stay in our contracted hotel
and book guestrooms within our
block so the FDCC does not suffer
from any penalties.
When the FDCC signs a hotel contract, there are financial
implications if we do not meet our room block as well as food
and beverage commitments.
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Marty Streeper
FDCC Executive Director
I-3 Insurance
Industry Institute
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Helen Alford, Kelly Dalmass, and Mike Glascott
I-3 Co-Chairs
The Federation will present its 2013
I-3 Insurance Industry Institute at
the New York Athletic Club in New
York City on October 2-4. This one
and one-half day program will focus on issues facing the insurance
industry today which will likely grow
in importance in the next few years.
These issues will be of great interest
to senior level insurance executives
and the event itself will provide a rich
opportunity for networking.
I-3 will begin with a networking
Cocktail Reception Wednesday evening, followed by a full day of programming on Thursday. Lunch will
be provided and a cocktail reception
end the day on Thursday evening.
The program will resume Friday
morning and end by noon in order to
allow attendees time to take advantage of all that New York has to offer,
or to allow attendees an early start
on their trip home. A limited block of
rooms is available at the New York
Athletic Club.
I-3 will focus on several broad
areas which include a mix of evolving
methods of communication driven
by technology and the problems presented by that evolution, the eroding
line between personal, professional,
and public communication issues
arising from demographic changes
in the workforce, and globalization issues that few would
have imagined just twenty years
ago. How the insurance industry, individual insurers, and their
counsel address these issues will be
a significant factor in determining
who will succeed and who will fail in
the second and third decades of the
Twenty-First Century.
I-3 will begin with a discussion
by insurance industry leaders that
addresses these issues, both on a
macro level, and in a more detailed
fashion addressing the challenge of
achieving mission statement objectives in a limited resource environment. The panel will describe how
large structured organizations can
achieve the necessary degree of
nimbleness they need to thrive in the
future.
Are you prepared to respond to
social media publications that can
affect the existence of your client,
or company? Are you prepared to
respond to social media publications
that affect the outcome of your case?
How will you deal with a publication
that creates liability, or severely damages your client’s or your company’s
corporate image? The emergence
of corporate image issues in social
media continues to grow and the
management of such social media
and company image in cyber space
will be presented from proactive and
reactive perspectives.
Corporate image is not the only
asset that can be lost or damaged
in cyber space. The possibility of
becoming a victim of a data breach
must be considered in terms of when,
not if. Consistent with the ominous
nature of cyber exposure, the manner of preparation can cover a broad
range of avoidance opportunities.
I-3 will present an overview of cyber
exposure, from the purchase of appropriate coverage, risk assessment
before a breach, data breach prevention measures, and issues pertaining to data breach response. A
panel of industry experts will discuss
the underwriting process involved
with cyber exposures and will outline
the types of exposures that different
industries and professions face. The
panel will also follow the life of a
claim from the time it is reported, notice issues and risk response. Finally,
the program will address the legal
issues regarding compliance in the
face of cyber threats and the friction
between claims management and
compliance. As anyone who works with the
insurance industry knows, the insurance industry faces a demographic
challenge as its workforce ages and
it tries to fill those needs with millennials. It has been said that 40% of
existing Fortune 500 Companies will
not exist ten years from now. The
growth of social media and economic issues, including a growing deficit,
are driving monumental changes
in corporations, including insurers.
Such issues impact when, and where,
the best and brightest will choose to
start their careers. Intellect, human
power, and creativity are necessary
assets to thrive in the new frontier,
but before you think about how to
tech talk
David Fuqua
THE PROBLEM WITH E-MAIL ATTACHMENTS
E-mail has changed the way we
work, for better or worse. The ease
of writing e-mails is a good thing for
busy lawyers. But e-mail communication adds an extra layer to our work
– managing the technology. When
the technology gets in the way of
communication, it becomes a problem and a burden. E-mail attachments can be a big part of e-mail
problems.
We send e-mails with attachments many times a day. Most clients
today want documents sent to them
in electronic form by e-mail. Lawyers
share documents by e-mail constantly. Part of our job as technology
managers is to ensure that e-mail
attachments do not hinder communication.
The most important rule to know
about e-mail attachments is the “10
Megabyte Rule.” Most e-mail systems
use 10MB as the default size for
sending and receiving e-mail attachments. Your system may fail to send
e-mails when the attachment exceeds
a specified limit. Hopefully, your system will send you notification when
it rejected an e-mail and you can try
again.
There are several ways to work
around the 10MB Rule. You can
break the attachment into parts and
send smaller attachments in multiple
e-mails. This strategy adds time to
your work but is generally effective.
Also, you can adjust your system to
permit larger attachments, up to a
rule that provides no restriction on
the size of attachments that can be
sent or received. Increasing your attachment size limitation may slow
down your e-mail server and can
cause other problems.
Your recipient’s system may have
an attachment size limitation. Therefore, your recipient’s e-mail system
may reject your e-mail with a very
large attachment. Hopefully, you will
receive a rejection notice from that
server. Large e-mail attachments can
cause transfer problems at intermediate servers on the way to your recipient. E-mails can be relayed through
many servers before reaching their
final destinations. Any intermediate
server can have a rule that rejects the
transfer of e-mails with large attachments.
It is possible to compress attachments into zip files. Most computer
operating systems have built-in compression programs. There are also
stand-alone compression programs
available such as “Stuffit”. In addition, file size can be compressed at
the time of creation. This is particularly true for documents created as
PDFs by a scanner. Most scanners
allow for adjustment of the file size.
Unfortunately, the smaller the file
size, the poorer the quality of the
document.
There is no perfect solution to
managing e-mail attachments. It is
essential to know how your e-mail
system is configured. It is helpful to
learn the limitations of the systems
of your most frequent e-mail correspondents. Sometimes, the best solution is simply to keep attachments
below 10MB to reduce the chance
of rejection.
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retain great talent, you must first get
the attention of that talent. The insurance industry is exploring new means
by which to attract and develop such
talent and I-3 will present an overview of the means by which insurers
are competing for such talent.
Also, Generation Y now outnumbers baby boomers, and Generation
Z is not far behind. This evolution of
the work force is transforming traditional workplaces. The management
of such young talent has the attention
of employers. I-3 will contemplate a
few secrets of success, creative ideas,
and cuttingedge programs that
assist insurers to recruit and retain
young talent. Finally, insurance has long been
a global business, but as commerce
and communication become more
global, insurers and their counsel
must take into account the international ramifications of their decisions.
An international panel of lawyers and
industry leaders will discuss the latest
developments in Europe, particularly
the European Union, and how they
affect litigation and arbitration.
We look forward to seeing you
in New York in October. Remember,
defense counsel members are expected to bring a client. Registration
will be available in early June on the
FDCC website. The room block at
the New York Athletic Club is open
now. Please call 212-767-7000 to
make reservations. Be sure to mention the code G2924 in order to receive the FDCC I-3 group rate. More
information on the Insurance Industry
Institute can be found on the FDCC
website at www.thefederation.org. Alternatively, please contact the FDCC
Executive Director (Marty Streeper),
the Institute Program Chairs (Kelly
Dalmass, Helen Alford, and Mike
Glascott), or the Insurance Industry
Committee Chairs, April Elkovitch,
and Andy Downs.
SECRETARY-TREASURER’s REPORT
Victoria H. Roberts
Secretary-Treasurer
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The Federation and AIDA
So, some of you may be asking:
what’s AIDA? It is the Association
Internationale de Droit des Assurances or, for you non-francophiles,
the International Association of Insurance Law. AIDA is a non-profit
international association, formed in
1960, for the purpose of promoting
and developing at an international
level, collaboration between its members with a view to increasing the
study and knowledge of international
and national insurance law and related matters. AIDA is comprised of
National Chapters (including a U.S.
Chapter) as well as several regional
groupings which have their own
educational meetings, and there is a
World Congress every four years. Officers of these chapters form AIDA’s
Presidential Council.
Several years ago, the Federation’s officers and some members
began having discussions with officers of AIDA about ways in which we
could work together to further each
other’s interests. With the Federation’s traditionally strong ties to the
insurance industry, and our desire to
increase international membership,
and AIDA’s interest in increasing its
U.S. exposure, we have explored
ways of increasing the visibility of
both organizations among our
members. Toward that end, over the
last two years, FDCC officers and
members have spoken at meetings
in Amsterdam and London on both
substantive insurance law topics
and have had an opportunity to talk
about the Federation and its goals.
New international members joined
the FDCC after both events. At last
year’s Biltmore meeting, and again
ness opportunities for all who get
involved. Please give me a call if you
wish to learn more or get involved in
this exciting collaboration.
AIDA is a non-profit international association, formed in 1960, for
the purpose of promoting and developing at an international level,
collaboration between its members with a view to increasing the
study and knowledge of international and national insurance law and
related matters.
at this year’s Winter Meeting in San
Antonio, Michael Gill, President of
AIDA’s Presidential Council, joined
us from Australia to continue our discussions, and invited us to speak to
members of the Presidential Council
in Lisbon the recent meeting of their
Central American regional group
(CILA) together with the Portuguese
and Spanish chapters. I met many
more AIDA members and had the
chance to spread the word about the
FDCC and its many benefits.
This level of increased awareness
among the members of both organizations will serve to open doors
to not only greater visibility for both
groups as well as expanding busi-
Membership
Status Report
Membership as of May 2013
Defense Counsel..............................1048
Defense/International.........................59
Corporate Counsel.............................133
Corporate/International........................8
Industry................................................36
Special Member/Retired......................53
Special Active/Honorary......................11
TOTAL..............................................1348
2013 Winter Meeting
Deep in the
Heart of Texas
As Clint Black has sung “Nothin’ But
The Taillights”……………….
After a week of boots, hats, and
jeans, our Winter Meeting in San Antonio is now a fond memory.
Westin La Cantera Resort, with its
beautiful Hill Country location, Spanish colonial charm, and gracious
staff, was a great host for our FDCC
Winter Meeting. We were blessed
with excellent weather and temperatures in the low 70’s and high 60’s
all week and warm Texas hospitality.
The highlights of the convention
included top notch CLE programs,
run by Elizabeth Lorell, and the keynote speaker, Doris Kearns Goodwin.
Ms. Kearns Goodwin’s shared fascinating insights about past presidents
including Lincoln, Roosevelt, and
Kennedy, experiences during the filming of the recent Academy Award
winning movie Lincoln, as well as
personal anecdotes arising from her
long standing professional and personal relationship with Lyndon Johnson. She was a big hit with members
and graciously remained for a book
signing after the presentation.
The early week cocktail parties
were held outdoors around the La
Cantera property giving early arriving
members a chance to catch up with
one another. On Monday evening,
members took advantage of a new
concept, the “practice section dine
around” to network with others in
their practice areas in a casual atmosphere.
The convention program formally
opened Wednesday morning with a
memorable and unexpected “FDCC
Quartet” featuring Rich Hall, Clark
Cole, David Jaroslaw, and Mike
Streeper serenading the audience
with Yellow Rose of Texas.
The theme for the President’s
Reception, also the yellow rose, was
chosen for its long standing association with Texas and, more importantly, its historic symbolism of friendship.
Dressed up with beautiful yellow roses, the President’s Reception was the
kick off to a fabulous week and the
perfect way to honor our President Ed
Kaplan and first lady Maddy Kaplan.
The Trial Masters Program, dealing with generational issues and
technology, is still receiving rave
reviews. Members learned how the
media, technology, and generations
X and Y are impacting today’s jury
verdicts. Some of our presenters took
the stage in western attire embracing
the Lone Star spirit!
The Boots & Buckles theme party,
hosted at Enchanted Springs Ranch,
gave members a chance to don their
cowboy gear for a night in the old
west. Multiple food stations and entertainment options were available
around the western town for all to
enjoy – including photos with Woodrow, a resident longhorn steer. Many
members lingered in the saloon for
country dancing and libations before
heading back to civilization on the
last bus home.
Wine tasting, bourbon and burgers, and the culinary institute allowed
those with culinary inclinations to
enjoy some afternoon activities near
and dear to their hearts. Despite an
unavoidable traffic mishap, those
who went fly fishing and shooting at
a nearby ranch enjoyed an opportunity to sharpen outdoor skills and
as well as the art of self-control by
avoiding beer on the bus (due to the
lack of “facilities”) while enduring a
two hour traffic jam!
The “Denim and Diamonds Texas Tux” closing event featured an
FDCC first – two live bands! The first
band (country western) gave everyone an opportunity to show off the
two-step moves they learned earlier
in the week during country dance lessons. As the evening continued, the
second band (R&B) complete with
eleven musicians and a horn section,
gave all the city slickers a chance to
hit the dance floor too.
We are honored that Ed and
Maddy Kaplan selected us to be
part of their team and entrusted us
with the responsibility of planning
this meeting. We can’t thank them
enough for all of their support, guidance, and friendship along the way.
Many thanks to Elizabeth and Jeff
Lorell for a fantastic CLE program, a
flawlessly run registration desk, and
for all their support. Our huge host
committee cheerfully participated
in many different ways, helping
make all the events run smoothly
while adding a personal touch. The
entire FDCC staff makes all the details come together for these events
and their expertise, patience, and
ever present willingness to assist us
throughout was greatly appreciated.
To all of you, we are exceedingly
grateful.
To all our country cousins and
city slicker friends in the FDCC,
thanks for joining us in San Antonio
for a week we will never forget.
—Don and Doreen Myles
—Convention Chairs
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San Antonio 2013
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2013 Winter Meeting
The Westin La Cantera Resort | San Antonio, Texas
Saturday, March 2 – Saturday, March 9, 2013
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2013 Winter Meeting
2013 Winter Meeting
CLE Credits
Bruce Celebrezze, CLE Chair
2013 WINTER MEETING CREDITS
Saturday, March 2 – Saturday, March 9, 2013
The Westin La Cantera Resort | San Antonio, Texas
State
Total Credits
Ethics
Credit
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*Alabama
13.00
1.00
*Arkansas 13.00 1.00 *Colorado 16.00 1.20 *Delaware 13.00 1.00 Florida
*Georgia 13.00 1.00 Idaho
Illinois 13.00 1.00
*Indiana
Iowa 13.00 1.00 *Kansas 15.50 1.00 *Kentucky
*Louisiana 13.00 1.00 Minnesota
*Mississippi 13.00 1.00
Missouri 14.10 1.20
Nebraska 13.00 1.00 *Nevada *New Hampshire 13.00 1.00 *New Mexico 12.70 1.00
*North Carolina
*Ohio 13.00 1.00 *Oklahoma 15.50 1.00 *Oregon 13.25 1.00 *Pennsylvania 12.50 1.00 *South Carolina 13.00 1.00 *Tennessee 13.00 Texas 13.00 1.00 *Utah 13.00 1.00
*Virginia
Washington 13.00 1.00 West Virginia 15.60 1.20
*Wisconsin 15.50 1.00
Course No.
OTH42508
735812
fdc03020132013_
171958
108207
101301
0656130305
76790
027A13-04
051432
000258944
64978001
380*65
178067
132395
135310
901264331
338890
* New York Approved Jurisdictions
For CLE questions, please contact Francie Berg at [email protected]
president elect’s REPORT
KNOW THYSELF
“The unexamined life is not worth
living.” Old Socrates, to whom this
quote is attributed, was a wise one,
wasn’t he? At least until he was convicted of corrupting the minds of
Athenian youth, refusing opportunities
to escape and instead slurping down
a cocktail of hemlock. But, I digress.
Back to that “unexamined life” thing.
The point Socrates was making is
that the first step toward improvement
is self-examination. We as individuals sometimes lapse into the notion
that status quo is good enough—“if
it ain’t broke, don’t fix it.” Organizations sometimes make the same mistake. They continue doing what they
have done for a long time because,
well, things have been going pretty
well. And opportunities to improve
and evolve are sometimes missed.
We are a strong, vibrant, successful legal association with a
prideful heritage extending back
over 75 years. We have achieved
this status because we have had extraordinary leadership over the years
that displayed a willingness to adapt
to change. And change is upon us
again. The world is still struggling
through an economic crisis. The
practice of law is different. Relationships are strained between attorneys
and their clients. Legal jobs are hard
to get and becoming more difficult
to retain. We are seeing internet auctions for legal services—INTERNET
AUCTIONS, for God’s sake.
During my year as president, I
want the FDCC to examine itself,
specifically by taking a fresh and objective look at three issues:
1. Should the FDCC increase its
membership limit for Defense Counsel Members? Our bylaws limit the
number of US-practicing Defense
Counsel Members to 1100. We have
limits because we rightfully want to
be exclusive. Some organizations,
like ADTA, have membership limits,
while others like DRI and IADC do
not. What are the pros and cons
of allowing more Defense Counsel
Members from the US?
2. Should we shorten or otherwise modify our Winter and/or Annual Meetings? Our meetings have taken on a familiar format and length.
Attendance at meetings requires a
time and financial commitment. In
order to incentivize attendance at our
meetings, we need to remove impediments. Based on input from those
members who attend meetings and
those who don’t, we need to assess
whether the timing, length, and costs
of our meetings discourage attendance and, if so, whether we should
make some changes.
3. How can the FDCC best
address long-term strategic issues? Right now, the Board has
responsibility to develop a Strategic
Plan. The Evaluation Committee is
charged with the responsibility to
look at certain quadrennial issues
and other referred matters relevant
to the well-being of the FDCC and
the accomplishment of its objectives
and purposes. We need to be sure
that the FDCC has institutionalized
a structure and process to address
all long-term strategic issues that the
organization may face. This includes
having the right people looking at
the right issues in a timely fashion.
The key aspect of doing a selfexamination is to have the right
group do the examination. For my
year as president, I’ve appointed a
Committee of Five to look into these
three issues. This Committee represents a good cross-section of our
organization. The Committee will be
chaired by Deb Kuchler, an FDCC
Senior Director. Also on the Committee will be Jack Trigg, FDCC president from 1995-96; Dan Kohane,
FDCC president from 2006-07,
and two members at large—Heidi
Goebel and Johnny Sarber. This
Committee will not act in isolation.
Instead, it will get input from a variety of sources in coming up with
its recommendations. In fact, if you
have thoughts on these issues, please
feel free to provide them directly to
Deb at [email protected].
The Committee’s recommendations
will ultimately be considered by the
Board and, if a bylaw change is implicated, by membership as a whole.
Maybe we need to change
things; maybe we don’t. But at least
we take a look. If it worked for
Socrates, it should work well for us.
Then again, as quoted in Plato’s
Republic, Socrates also said: “As for
me, all I know is that I know nothing.” Maybe so, my friend—next
time, Socrates, when they are coming
at you with a chalice of hemlock after convicting you on some cookedup Greek charges, turn and run like
hell. I’m not kidding. I do that every
time.
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Timothy A. Pratt
President-Elect
Save the Date
10th Annual Corporate
Counsel Symposium
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September 18-20, 2013 | Chicago
CORPORATE COUNSEL
SYMPOSIUM
Christopher P. DePhillips
Corporate Counsel Symposium Committee
The Federation is off to the Windy
City for the 2013 Corporate Counsel
Symposium (CCS)! The Symposium
is scheduled for September 18-20
at the Swissotel in Chicago. The
Swissotel is a superior facility and
convenient to all that the great city of
Chicago has to offer.
We have a blockbuster program planned for you. The theme is
“Corporations in Crisis: Protecting
the Brand.” General Counsel and
Defense Counsel know all too well
that corporations
We have a blockbuster program planned are under stress,
as litigation crises
for you. The theme is “Corporations in Crisis: abound in a world
where economic,
Protecting the Brand.” political, and social media crises
threaten the stability of Corporate
America. Our panels will educate
you on how to defend your client,
and its brand, in an unsettling environment that makes it difficult for
corporations to thrive.
Our panels will teach you how
to respond to a legal crisis faced
by your client—how to organize an
initial response to a crisis, and how
to deal with the internal challenges
at your client after a crisis erupts.
Distinguished panels will counsel
you on how to transition your client
from crisis to stability—and how to
respond to government regulators
when they come knocking at your
client’s door. Our speakers will also
address the legal and ethical issues
associated with the Penn State and
the Livestrong crises, and communicate lessons learned for our clients
and outside counsel.
Our distinguished faculty includes highly-regarded inspirational
speaker, Bill Courtney; Katherine
McLane of Livestrong; and in-house
counsel from companies such as Supermedia LLC; Interact Public Safety
Systems; Boston Scientific; Matthews
International Corporation; State
Farm; Toyota; HDI-Gerling America
Insurance Company; Zurich; Acadian Ambulance Service, Inc.; NationsBuilders Insurance; and Dryvit.
The Symposium will give you an
opportunity to network with the best
and brightest in-house and outside
counsel; participate in an interactive
Corporate Counsel Roundtable discussion; and dine around at some of
the best restaurants in Chicago.
The CCS is well-known as the
preeminent conference for corporate
counsel and outside defense counsel
in America. If you are an outside
counsel, please attend, but don’t forget to bring a corporate counsel with
you. Mark your calendars NOW for
the CCS September 18-20, 2013.
See you all in Chicago!
For more information, please
visit the FDCC website.
Foundation-Supported
Programs
Your FDCC Foundation continues to
be very active in pursuit of its mission
to promote civil justice by sponsoring
programs and projects that enhance
the quality of legal practice for Federation members and the defense bar.
The Foundation proudly sponsored
two superb speakers at the March
meeting at the Westin La Cantera.
Constitutional scholar Erwin Chemerinsky addressed the plenary session
regarding the direction of the United
States Supreme Court as suggested
by several important recent decisions,
including the 2012 Obamacare decision. On Friday, Doris Kearns Goodwin delivered remarkable insights from
her career as a presidential historian
and her recent role as technical advisor for the film “Lincoln” based on her
best-selling book “Team of Rivals.”
The Foundation has provided
funding to support the Federation’s
new Lunch and Learn webinars. This
series of webcasts provides outstanding free education to the Federation’s
member law firms. The Foundation is
pleased to support this major initiative
by Federation President Ed Kaplan.
The Foundation Board voted to
support Walter Dukes’ legal education program at the summer meeting
at the Broadmoor. The Foundation
will provide funds for these plenary
session speakers: former federal prosecutor Chuck Rosenberg, who will describe his experiences as a 9/11 prosecutor in a program entitled “Zacarias
Moussaoui – The Investigation and
Prosecution of the 9/11 Conspiracy;”
Hon. Andrew Peck, magistrate for the
Southern District of New York, who
will address a more cost-effective
and efficient approach to electronic
discovery in large cases; and District
Court Judge Christine Arguello and
Supreme Court Justice Nancy Rice,
both from Colorado, who will provide
courtroom tips for trial lawyers.
Lastly, the Foundation Board approved a contribution of $2,500 to
the National Foundation for Judicial
Excellence. This contribution was
made in support of the NFJE’s Ninth
Annual Symposium, an event that
provides education from a defense
perspective to more than 100 judges
each year.
Fundraising
Our fundraising efforts received
a boost from the new dues checkoff
program, which encouraged Federation members to make suggested donations of $25 or $35 at the time of
payment of annual Federation dues.
The program raised almost $15,000
with a 36% membership response
rate. The amount raised is a little less
than the amount the Foundation pays
in an average year to support Federation activities. The dues checkoff program will continue and leadership believes it will provide an annuity to help
guarantee funding of future programs.
Donations outside of the checkoff program provided an additional
$22,500, most of which were contributions by members joining the
Foundation Fellows program or moving to a higher level of fellowship.
Your generous donations keep the
Foundation financially strong.
Foundation Fellows Programs
The most generous way to support the Foundation is to become a
Foundation Fellow. You can become
a Foundation Fellow through contributions totaling $1,000. Higher levels
of the program are Sustaining Fellow
($2,000); Endowing Fellow $3,500);
and Philanthropic Fellow ($6,000).
Your contributions to the Foundation
are cumulative over a ten-year period
and count toward your admission
as a Foundation Fellow. If you are
already a Fellow, please consider using the cumulative-giving program
to reach one of the higher levels. At
year end, our population of generous
donors was 158 Fellows, of which 28
have attained Sustaining status, 13
are Endowing Fellows, and 16 are
Philanthropic Fellows.
Foundation Committee
The Foundation Committee, a
standing committee of the Federation, has been busy in its efforts to
support the Foundation. Committee
vice-chairs Diane Polscer and Terence Ridley, in charge of increasing
the Foundation’s fundraising and visibility, presented white papers to the
Foundation Board with several excellent ideas for increasing the Foundation’s fundraising and visibility. We
expect one of the first projects to be
a raffle at the upcoming meeting at
the Broadmoor with the winner receiving a suite upgrade at the Winter
2014 meeting at Marco Island. We
also expect that meeting to be the
site of the Foundation’s third biennial
silent auction.
Thanks to all for your continuing support of the Foundation. I look
forward to seeing you in Colorado
Springs.
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Alan S. Brown
President, FDCC Foundation
Federal Product Liability
Legislative Update
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Linda S. Woolf
Here is a summary of some
recently introduced pieces of legislation introduced in the United States
Congress that may be of interest to
Federation members.
Small Business Freedom of
Commerce Act
On January 4, 2013, Representative Scott Garrett (NJ) introduced H.R.168, the Small Business
Freedom of Commerce Act. The Act
would allow a small business operating in the United States to elect to
be exempt from any federal rule or
regulation issued on or after January
20, 2009.
The Act incorporates the definition of “small business” from the
Small Business Act, 15 U.S.C.
§632(a). The small business would
be required to notify the federal
agency that issued the rule or regulation that it has elected such exemption. The agency would be obligated
to confirm receipt of the notice. The
exemption would then be effective
30 days after such notification is received by the agency.
The exempt small business would
be required to: (1) label any product
affected by the exemption as no longer subject to such rule or regulation,
and (2) include in any communication
relating to the affected product or activity a notice stating that it is no longer subject to the rule or regulation.
Under the Act, however, a small
business would be prohibited from
electing to be exempt from a rule
or regulation issued by the Departments of Defense or Homeland the
rule or regulation is necessary for
U.S. security.
The bill, which was co-sponsored
by Representatives Kerry Benvitolio
(R-MI), Tim Huelscamp (KS), and
Todd Rokita (IN), was sent to the
house Committee on Small Business.
Access to Birth Control Act
In response to reports of pharmacists refusing to fill prescriptions
for contraceptives in multiple states,
Senator Frank Lautenberg (N.J.) introduced the Access to Birth Control Act
(S.333). The bill was co-sponsored
by 10 Senators. Its companion bill in
the House of Representatives (H.R.
728), which was sponsored by Representative Carolyn Maloney (NY),
was co-sponsored by 27 members of
Congress.
The Act amends the Public
Health Service Act to require pharmacies to comply with certain rules
related to contraceptives, including:
(1) providing a customer a contraceptive without delay if it is in stock;
(2) immediately informing a customer
if the contraceptive is not in stock
and either transferring the prescription to a pharmacy that has the
contraceptive in stock or expediting
the ordering of the contraceptive and
notifying the customer when it arrives, based on customer preference,
except for pharmacies that do not
ordinarily stock contraceptives in the
normal course of business; and (3)
ensuring that pharmacy employees
do not take certain actions relating to a request for contraception,
including intimidating, threatening,
or harassing customers, interfering
with or obstructing the delivery of
services, intentionally misrepresenting or deceiving customers about
the availability of contraception or
its mechanism of action, breaching
or threatening to breach medical
confidentiality, or refusing to return a
valid, lawful prescription.
Pursuant to the Act, a pharmacy
is not prohibited from refusing to
provide a contraceptive to a customer if: (1) it is unlawful to dispense the
contraceptive to the customer without
a valid, lawful prescription and no
such prescription is presented; (2)
the customer is unable to pay for the
contraceptive; or (3) the employee of
the pharmacy refuses to provide the
contraceptive on the basis of a professional clinical judgment.
The Act would impose a civil
penalty of $1,000 per day of violation not to exceed $100,000 for all
violations adjudicated in a single
proceeding. It also provides for a
private cause of action by any person
aggrieved by a violation of the Act,
including punitive damages and attorney’s fees.
The House bill was referred to
the Committee on Energy and Commerce’s Subcommittee on Health on
February 14, 2013. The Senate bill
was referred on February 14, 2013
to the Committee on Health, Education, Labor and Pensions.
Common Sense Nutrition
Disclosure Act of 2013
On March 19, 2013, Representative Cathy McMorris Rogers (WA)
introduced H.R. 1249, the Common
Sense Nutrition Disclosure Act of
2013, “to amend section 403 of the
Federal Food, Drug, and Cosmetic
Act to improve and clarify certain disclosure requirements for restaurants,
similar retail food establishments,
and vending machines.” This bill was
referred to the House Committee on
Energy and Commerce.
The Act applies to restaurants
and retail food establishments that
derive more than 50% of their total
revenue from the sale of food. The
Act mandates the disclosure of the
following nutrient content in the standard menu: 1) the number of calories contained in the whole product;
2) number of calories contained per
serving or the number of servings;
or, 3) the number of calories per unit
division of the product, “such as for
a multi-serving item that is typically
divided before presentation to the
consumer.” The Act also permits the
disclosure of the nutrient content information by a remote-access menu,
such as one available on the internet, where the majority of customers
place orders off-premises.
For nutrient disclosure, the Act
sets forth parameters for allowances
of variation in nutrient content within
a reasonable basis. Reasonable basis
means “that the nutrient disclosure
is within acceptable allowances for
variation in nutrient content.” Acceptable allowances shall include varia-
tions in serving size, inadvertent human error in formulating menu items,
and variations in ingredients.
The Act also delineates the methods by which a restaurant or similar
food establishment may determine
and disclose the nutritional content.
These methods include the following:
ranges, averages, individual labeling
of flavors or components; or labeling
of one preset standard build (i.e., the
finished version of a menu item most
commonly ordered by consumers).
The Act permits the Secretary to allow
the use of other methods of disclosure for which there is a reasonable
basis.
Stop Tampering of Prescription
Pills Act of 2013
On February 4, 2013, Representative William Keating (MA) introduced H.R. 486, the Stop Tampering
of Prescription Pills Act of 2013, to
amend the ‘Federal Food, Drug, and
Cosmetic Act to incentivize the development of abuse-deterrent drugs.”
The bill was referred to the House
Committee on Energy and Commerce.
The Act amends the Federal
Food, Drug, and Cosmetic Act to include new drug application requirements for abuse-deterrent drugs.
Abuse-deterrent refers to drugs that:
1) contain “as an active moiety a
controlled substance that has been
classified as opium, an opiate, or a
derivative thereof;” 2) has been formulated for oral administration; and
3) exhibit physicochemical properties
“that make product manipulation
significantly more difficult or ineffective in altering the characteristics for
purposes of misuse or abuse when
compared to drugs without such
properties.” An abuse-deterrent drug
also contains one or more additional
active or inactive ingredients intended to deter abuse through potential
pharmacological effects.
The Act includes provisions relating to approval of new brand new
drugs. It directs the Secretary to refuse new (brand name) drug applications for drugs containing opium, an
opiate, or a derivative as an active
moiety that is not abuse-deterrent
if an abuse-deterrent drug containing the same active moiety has
been approved and has not been
discontinued from marketing. If an
application is potentially subject to
refusal, the application shall “include
such information as the Secretary
determines necessary to demonstrate
that the application is not subject to
such refusal.” The Secretary may approve an application if such approval
is necessary either to prevent or alleviate a drug shortage or address
a “significant unmet public health
need.”
The Act contains provisions
relating to new generic drugs. The
Act requires a new (generic) drug
application for an abuse-deterrent
drug to include testing information
demonstrating that the generic drug
resists manipulation or the effect of
manipulation to a degree at least
comparable to the listed drug, if the
listed drug is an abuse-deterrent
drug. The Secretary may deny apFederation Flyer | Spring 2013 | 25
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proval of a generic drug application
if the listed drug is abuse-deterrent
and one or more of the generic
drug’s active moieties differ in any
material respect from those of the
listed drugs. The Act prescribes that
an approved generic drug shall not
be considered bioequivalent to, or
to have the same therapeutic effect
as, the listed drug if the listed drug
becomes abuse-deterrent unless and
until the generic drug demonstrates
that it resists manipulation or
the effect of manipulation to a degree at
least comparable
to the listed
drug.
The Act sets
forth requirements
governing
when a
drug that
is not
abusedeterrent
may have
its approval
withdrawn
or suspended.
A withdrawal or
suspension of a
drug formulated for
oral administration shall be
considered withdrawn for safety
or effectiveness reasons if the approval of a listed drug, which is not
abuse-deterrent, was withdrawn or
suspended, the listed drug was withdrawn from sale, or the Secretary
has previously approved an abused
deterrent drug, with the same dosage form and active moiety. The Act
also contains provisions relating to
the withdrawal of previously approved
brand name and generic drugs. In
withdrawing the approval of an application for any drug, the Secretary
must, on a case-by-case basis, delay
the effective date of such withdrawal
for a period deemed sufficient by
the Secretary to give the sponsor an
opportunity to obtain approval for
formulating a drug that meets the
criteria for an abuse-deterrent drug.
Beginning 60 days after the date of
enactment, the Secretary shall include
in the list of each drug or category of
drugs, the drugs the Secretary deems
to be abuse-deterrent drugs, remove
from the list of abuse-deterrent drugs
any drug the Secretary determines
is not an abuse-deterrent drug, and
reflect drugs that are withdrawn or
suspended.
Lead Exposure Reduction
Amendments Act of 2013
On March 6, 2013, Senator
James Inhofe introduced S.484, the
Lead Exposure Reduction Amendments Act of 2013, to amend the
“Toxic Substances Control Act (TSCA)
relating to lead-based paint renovation and remodeling activities.” Senators David Vitter (LA), Chuck Grassley
(IA), Roy Blunt (MO), Deb Fischer
(NE.), Mike Enzi (WY), and Tom Coburn (OK) were co-sponsors. The bill
was referred to the Committee on
Environment and Public Works.
The Act would reinstate an optout provision removed by the EPA in
2010 that would to allow homeowners without small children or pregnant women residing in the home to
decide whether to comply with the
EPA’s Lead: Renovation, Repair and
Painting (LRRP) rules, allow remodelers to correct paperwork errors without facing full penalties and provide
an exemption for emergency renovations. It would also eliminate the requirement that recertification training
be done in person, thereby relieving
remodelers from having to travel
long distances to training facilities
out. The LRRP rule applies to homes
built before 1978 and requires renovator training and certification, adherence to lead-safe work practices
and record keeping.
According to the National Association of Homebuilders, by removing the opt-out provision in July
2010, “EPA more than doubled the
number of homes subject to the LRRP
rule, adding an estimated $336 million per year in compliance costs to
the remodeling community without
making young children any safer.”
MemorialS
Geoffrey Anthony Lord
London, England
Member since 1993
Don James
St. Louis, Missouri
Member since 1985
Increasing the
Federation’s Visibility
Metropolitan Corporate
Counsel.
We continue to place our
branding visuals and articles in the
Metropolitan Corporate Counsel
(“MCC”). A leading publication in
the corporate counsel community,
MCC offers a great fit to showcase
to key decision makers the quality of
our members and their work product
and to deliver the FDCC’s branding
message to the right target audience.
We are reviewing past and upcoming programs to identify work
from our members that is adaptable
to the shorter format and compelling
to the corporate counsel audience.
The members who have provided
value to the FDCC get greater visibility for their efforts, and the excellent
work of FDCC members is highlighted to one of our target audiences.
Leveraging the Symbiosis
Between Our Crown Jewels
and Our Visibility Efforts.
To focus our efforts and maximize their impact, and in keeping
with the goal of leveraging the amazing work already being done by
members as a way of building the
FDCC brand, we will be focusing
Fishman Marketing’s efforts on some
of our premiere programs, the Litigation Management College, Corporate Counsel Symposium, and I-3.
In the upcoming June issue of
MCC, FDCC member, Marc Harwell,
will have a feature article on basic
risk management and social media.
This topic will be one of many highlighted at the FDCC I-3 Meeting in
New York from October 2-4.
The July-August MCC will feature
an article authored by member Chris
DePhillips and will focus on topics at
the CCS to be held in Chicago, September 18-20.
These programs are of unsurpassed quality. One of the most
effective ways to raise the profile
and stature of the Federation is to
spotlight to outsiders the great work
already being done in these tremendous programs. Like the MCC
efforts, this approach also adds immediate content and expertise to our
branding message. Simultaneously,
focusing our marketing efforts on
these programs brings added benefit
to those programs, those contributing content to those programs, and
those engaged in marketing those
programs.
Great programs. Great message.
Great visibility. The FDCC is doing its
part. Now, you can do yours. Spread
the word about what a great organization the Federation is to your peers
and personal networks.
Efforts to raise the profile and visibility of the Federation
continue and the officers are committed to maximizing the
value and meaning of your FDCC membership.
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Howard Merten
LMC
June 9-13, 2013
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Atlanta, GA
The nineteenth annual Litigation
Management College and the tenth
annual Graduate Program of the
Litigation Management College are
scheduled for June 9-13, 2013 at
Emory University Conference Center
in Atlanta, Georgia. Our annual
goal for enrollment is 75-100 students for the College and 25 students for the Graduate Program.
The FDCC looks forward to
continuing to provide claims professionals a sophisticated level of
training offered by experts in negotiation, evaluation and litigation. The
Litigation Management College has
earned an international reputation
as the premier advanced litigation
training course for claims professionals. Utilizing a new fact pattern, the
College offers an intensive four-day
experience of workshops, based on
a case study and participatory interactive educational experiences. The
curriculum is fast-paced and cuttingedge with a practical approach to
litigation management. The program
provides a unique opportunity for
claims professionals to explore,
study, and discuss issues of current
interest.
The College is sponsored by the
FDCC as a service to claims professionals, third-party administrators and
self-insured corporate litigation managers working in the insurance industry or in corporate law and claim departments handling litigation matters.
The College is designed for claim
and litigation management profes28 | Federation Flyer | Spring 2013
2013 Litigation Management
College and Graduate Program
sionals with five to fifteen years claims
or litigation management experience.
The Graduate Program consists
of an intensive 32-hour classroom
and workshop curriculum intended
to expand the litigation management, evaluation, and negotiation
skills learned in the College. It builds
upon the solid foundation provided
by the College to further refine the
students’ understanding of advanced
insurance coverage issues, strategic
litigation tactics and alternatives for
resolution of disputes on favorable
terms. It allows students to gain additional experience and participation
in application of their skills in a cost
effective manner with any type of
litigation challenge that may arise in
their workloads.
Students have included representatives from Acadia Insurance, Zurich
North America, Harleysville Insurance, EMC Insurance, Axis Insurance,
Meadowbrook Insurance Group,
Dollar General Stores, Liberty Mutual Insurance, Hanover Insurance,
Hartford Insurance, Mountain States
Insurance, Dean Foods Company,
Infinity Insurance, AIG, RSUI, General
Star, Akzo Nobel, NGM Insurance,
Guilford Specialty, IMT Insurance,
and Mitsui Sumitomo Insurance.
Every year, both the LMC and
Graduate Programs receive rave reviews from students. “Excellent, intensive, hands on/real practice exercises
with high potential for mental retention.” “The faculty is so knowledgeable and very willing to take the time
to answer questions and assist in
any way they can.” “Great group of
speakers.” “This was the best seminar I have attended in 15 years.”
The faculty of the College and
the Graduate Program consists of
numerous prominent defense and
corporate attorneys and insurance
industry executives, all of whom are
members of the FDCC, and many
of whom have devoted years of service in educating class after class of
students. The College also provides
training from outside experts as a part
of the experience. These include:
Audrey Nelson, Ph.D. of Nelson
Communications in Boulder, Colorado, an internationally recognized
trainer, keynote speaker, and consultant specializing in gender communication, conflict management
and dealing with difficult people, and
communication skills;
John Patrick Dolan, Esquire, a
well-known attorney who is also a
professional speaker on the classic
principles of effective negotiation;
and
The jury consulting firm of
Tsongas Litigation Consulting uses its
experience, methodology, audiovisual
technology, and expert knowledge of
communication to assist with witness
preparation (including the claims professional) and provides insight into the
use of mock juries.
We believe the students attending the 2013 Litigation Management
College and Graduate Program
will have an excellent experience
and take home skills which they can
utilize in their everyday job performance. A full description of the College and Graduate Program, as well
as applications which can be downloaded, may be found on the FDCC
website, www.thefederation.org.
J. Scott Kreamer, Dean, Litigation
Management College, 816/471-2121
Helen J. Alford, Dean of Curriculum,
Litigation Management College,
215/415-9214
Susan B. Harwood, Dean, Graduate
Program, 407/660-0990
board chair’s REPORT
The FDCC Board of Directors meeting in San Antonio was attended by
all of our Board members. We had
an excellent report from Cooper
Thurber and the Admissions Committee on all of their good work. We are
continuing to bring in new Corporate
members (Cooper reported we have
brought in ten since the last Board
meeting) as well as new International
members and new Defense Counsel
members. Please stay alert for possible corporate or insurance persons
who would fit well into our Federation and who meet our by-law guidelines. If you do run across someone
you think would qualify as a member
and whom you would like to see as
a member, please communicate that
information to Mary Nell O’Dowd or
Marty Streeper along with the contact
information.
Steve Farrar submitted a very
lengthy and extensive Financial Review Committee report. In the report,
there was a recommendation that
dues for Defense Counsel members
be increased from $525 to $650.
We have not had a dues increase
since 2006. During that interim, for
example, the International Association of Defense Counsel (IADC) has
had three dues increases. I had
an extensive conversation with the
President of IADC and he was quite
surprised to learn we had not had
any dues increases given the cost of
living increases and the quality of our
meetings. The Board of Directors,
after extensive study of the Financial
Review Committee report, unanimously voted in favor of the dues
increase. My thanks to Steve Farrar’s committee, which included Bob
Christie, Bruce Celebrezze, Lou Collins, Mike Glascott, Steve Goldman,
Vicki Roberts, and Michael Streeper,
for all their good work.
We did not take the dues increase decision lightly. It is important for us to ensure that all of you
continue to derive significant benefit from the cost and privilege of
FDCC membership. The additional
revenues from dues will help us accomplish more things, like continuing
to promote the visibility of the FDCC,
improving our member referral network, broadening the FDCC’s influence on public policy and advocacy
issues by increasing our funding for
our amicus efforts, and expanding
the number of organizations affiliated with the FDCC. We can also
ensure that the fiscal soundness of
the FDCC is preserved by maintaining the appropriate level of reserve
funds. We are fortunate to be a part
of an organization that is strong and
blessed with an abundance of committed members. However, in all we
do, we must always strive to make us
stronger, better, and more impactful
so we maintain our position of being
the most prestigious and influential
defense and corporate counsel organization in the world. I am sure
that all of you will understand the
necessity for the dues increase which
was given considerable and extensive
scrutiny by not only the Financial Review Committee, but the Board as a
whole.
I look forward to seeing you at
The Broadmoor in my final meeting
as Chairman of the Board. The Federation is on the right path, and with
your full participation and help, we
will continue to be the number one
defense organization in the country.
Please stay alert for possible corporate or insurance persons
who would fit well into our Federation and who meet our by-law
guidelines. If you do run across someone you think would qualify
as a member and whom you would like to see as a member, please
communicate that information to Mary Nell O’Dowd or Marty Streeper
along with the contact information.
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Mike Neil
Board Chair
News
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Barry Bauman
LCJ Executive Director
LCJ’s May Membership
Meeting Featured Key
Congressional Leaders,
Judges, and State AG’s
LCJ’s May 6-7 Membership Meeting in Washington, DC featured an
exciting program and an outstanding array of distinguished, special
guest speakers including judges,
attorneys general, and members of
congress. With topics such as “Implications of the Proposed FRCP
Amendments on the Jury Trial” and
“The Role of the Federal Judicial
Conference in Shaping Procedural
Rule and Class Action Reform,” this
meeting highlighted the economic
impact of litigation costs as well as
generating support for LCJ’s FRCP
and Class Action Initiatives. Additionally, the meeting featured an
exciting panel presentation spotlighting state attorneys general and
the risks faced when AGs pursue
litigation on behalf of the state.
Confirmed special guest
speakers included Congressman
Trent Franks (R-AZ), Member,
House Judiciary Committee; Honorable Jeffrey S. Sutton (6th Circuit), Chair of the Standing Committee on Rules of Practice and
Procedure; Honorable Dee Benson
(Utah District), District Court Representative on the Judicial Conference of the United States; Honorable Alan Wilson, South Carolina
Attorney General; Honorable
Luther Strange, Alabama Attorney
General; Eric Brown, Senior Director and Assistant General Counsel
– Litigation and Legal Compliance,
Eli Lilly and Company; Kaspar J.
Stoffelmayr, Vice President and Associate General Counsel, Bayer
Corporation; Melissa Mandell Paul,
Senior Attorney, Corporate Integrity
and Compliance, FedEx Corporation; Doug Lampe, Counsel, Ford
Motor Company; Barney Shultz, Vice
President – Counsel, State Farm Mutual Automobile Insurance Company;
and more corporate and defense
counsel representatives.
Attendees enjoyed two days
of meetings on cutting edge legal
reform issues, a cocktail reception
and dinner featuring Congressman
Franks as a special guest speaker,
and more.
New officers to the organization
were elected. Former DRI President
Marc Williams was nominated to replace former FDCC President Wayne
Mason, whose term expired in May.
Former IADC President Rob Hunter
will become President elect. Each
year the leadership of LCJ rotates
among the leadership of the three
defense organizations. During Wayne
Mason’s term, LCJ made significant
progress in achieving rule making
reforms at the Federal level while the
organization celebrated its 25th Anniversary in New York in December
2012. Other significant developments included the selection of Alex
Dahl of the Brownstein Hyatt Farber
Schreck, LLP firm, who succeeded
outgoing counsel Al Cortese.
For more information, contact
LCJ Executive Director Barry Bauman@[email protected].
LCJ and Defense Organizations Advance Initiative to
Minimize Costs and Burdens of
Discovery
In anticipation of the April 11-12,
2013 meeting of the Advisory Committee on Civil Rules, LCJ and the
defense bar organizations – IADC,
FDCC, and DRI – submitted two formal comments to the judicial conference urging the committee to adopt
reasonable legal reforms that would
ease the burdens of discovery for
companies conducting business in
America.
This correspondence was submitted as part of LCJ’s ongoing FRCP
Initiative, which is designed to encourage the Judicial Conference to
fundamentally revamp the Federal
Civil Rules by adopting meaningful
amendments in four key areas: notice pleading; limiting discovery and
e-discovery; preservation; and cost
allocation.
One comment, which is titled A
Meaningful Step Towards Addressing
Preservation, Discovery and Costs,
supports the publication of proposed
Rule 37(e) and the Duke Subcommittee Proposals, both of which
“represent materials progress toward
the three pillars of discovery reform:
(1) a national and uniform spoliation
sanction approach; (2) a fair and
practical revised scope of discovery;
and (3) incentive-based cost default
rules.”
LCJ also submitted a comment
titled The Un-American Rule: How the
Current “Producer Pays” Default Rule
Incentivizes Inefficient Discovery, invites Abusive Litigation Conduct and
Impedes Merits-Based Resolutions of
Disputes, which advocated the adoption of a “requester pays” discovery
rule. As LCJ outlined in the comment,
such a rule would “encourage each
party to tailor its discovery requests
to the needs of the case by placing
the cost-benefit decision onto the requesting party – the party in the best
position to control the scope of those
demands.”
LCJ will continue to promote reasonable reform initiatives.
LCJ Announces New Openings
for Defense Law Firms
Lawyers for Civil Justice (LCJ) has a
handful of openings for associate
membership and is currently accepting applications from defense firms
around the country. As Associate
Members of LCJ, these firms will have
the opportunity to work closely with
business community representatives
in promoting reasonable civil justice
reform and in supporting the LCJ
mission through participation on any
number of extremely active committees.
Those firms that invest in LCJ
membership will join a true partnership of the corporate and defense
bar communities. This partnership is
reflected in LCJ’s Board of Directors,
which is evenly composed of representatives from corporate entities
and the nationally organized defense
bar – DRI – The Voice of the Defense
Bar, Federation of Defense & Corporate Counsel, and the International
Association of Defense Counsel. By
tapping into the resources of these
defense organizations and the more
than 20,000 legal practitioners that
they represent, LCJ provides crucial
support for ongoing legislative and
procedural rules initiatives at both
the federal and state level.
In addition, LCJ twice yearly assembles nationally recognized policy
makers and practitioners such as
members of Congress, distinguished
judges, and other opinion leaders
to discuss the latest developments in
civil justice reform.
Firms that wish to apply for the
open Associate Member positions
may contact LCJ Executive Director
Barry Bauman, [email protected]
or (202) 429-0045 for more information and membership applications.
through the work of two key committees – the FRCP Committee and the
Class Actions Committee. Committee
members include members of LCJ
and LCJ supporters who are committed to promoting excellence and fairness in the civil justice system by producing correspondence, comments,
white papers, memos briefs, and
other tangible resources. The FRCP
Committee monitors and responds
to a wide range of procedural rule
proposals that may enhance or limit
corporate clients’ access to fair and
reasonable civil proceedings. Formed
last year, the Class Action Committee is currently undertaking a major
reexamination of the state of class
action law post-CAFA (Class Action
Fairness Act).
Both the FRCP and Class Action Committees meet regularly by
phone to discuss key issues and help
determine the focus of LCJ advocacy
initiatives. For more information on
joining one of LCJ’s advocacy committees, contact LCJ Executive Director Barry Bauman at bbauman@lfcj.
com or 202-429-0045.
LCJ Class Action and FRCP
Committees Promote
Reasonable Reform Initiatives,
Welcome New Members
Lawyers for Civil Justice is currently
advancing legal reform initiatives
back to cover
News
International
Association of
Insurance Law
Colin Croly
Michael Gill
back to cover
For many people, AIDA conjures up images and sounds associated with
great operatic arias, triumphal marches, and Italian composers.
However, in the world of insurance
law, AIDA happens to be the French
acronym for the International
Insurance Law Association.
It may not have the colour, excitement, and sound of a great Italian
opera; nevertheless, it is a wonderful
organisation in its own right, providing great experience and opportunity
for many people, over many years.
AIDA was formed in 1960 for the
purpose of promoting and developing,
at the international level, collaboration
between its members with a view to
increasing the study and knowledge of
international and national insurance
law and related matters.
AIDA consists of National Chapters, Regional Groupings, and Working Parties. Currently, there are 60
recognised National Chapters. Further Chapters are in the process of
formation (Belarus, Canada, People’s
Republic of China, Croatia, India,
Ireland, Malaysia, Montenegro, and
Thailand).
AIDA’s Regional Groupings, such
CILA (Spanish, South, and Central
American) and AIDA Europe, are active groups which hold regular meetings and conferences throughout the
year. An Asia-Pacific Regional Grouping is in formation and hopes to meet
in Rome in 2014. Plans are afoot
to hold an inaugural conference in
2016 to celebrate the 250th anniversary of the famous insurance decision
of Carter -v- Boehm.
AIDA Europe last met in London
in September 2012. Click here to
see more.
CILA last meet in Asuncion, Paraguay, in April 2011. Its recent meeting was in Lisbon, Portugal, in May
2013.
Working Parties which regularly
meet to discuss specific case law and
emerging developments in their specific areas:
• Accumulation of Claims
& Subrogation
• Civil Liability
• Climate Change
• Consumer Protection
& Dispute Resolution
• Credit Insurance & Surety
• Distribution of Insurance Products
• Marine Insurance
• Motor Insurance
• New Technologies & Prevention
& Insurance
• Personal Insurance & Pensions
• Reinsurance
• State Supervision of Insurance
The AIDA website contains information about the activities of the
Working Parties.
The day-to-day business of AIDA
is run by its Secretariat which is made
up of Colin Croly (Secretary-General), Tim Hardy (Assistant SecretaryGeneral), and Sandra Dellimore
who is the personal assistant working
with Colin and Tim. The Executive of
AIDA is made up of the President, the
four Vice-Presidents, the SecretaryGeneral, the Treasurer, and the
Chairman of the Finance Committee.
The Presidential Council currently
has 60 members representing 32
countries. In addition to the elected
members, the former Presidents and
Vice-Presidents are honorary members of the Council.
The AIDA Executive, Presidential
Council, and its 12 Working Parties
usually meet twice a year in conjunction with a conference arranged by
the local host Chapter, often in cooperation with other associations and
institutions, such as the FDCC and
IBA. Our major meetings for 2013
are for Portugal, Lisbon, recently held
from 8-10 May, and Sydney, Australia from 18-20 September.
AIDA also holds a World Congress every four years, with the next
occurring in September 2014 in
Rome, and the 2018 Conference in
Rio de Janeiro.
The 2014 World Congress will
be hosted by the Italian Chapter and
is partially intended to celebrate the
50th anniversary of the first World
Congress of AIDA, which occurred
in Rome in 1962. The World Congress in 2014 will feature five major
themes, being:
• Arbitration (Reporter: Piero
Bernardini, Italy)
• Discrimination in Insurance
(Reporter: Dr Birgit Kuschke,
South Africa)
• On-line Insurance (Reporter:
Samim Unan, Turkey)
• Preventative Measures (Reporter
Samantha Traves, Australia)
• Transparency, Conflicts of Interest
and Intermediary Remuneration
(Reporter: Giovanna Volpe
Putzolu, Italy)
law, has a membership in excess
of 1,200 drawn from the corporate sector, private practice and
other areas. Its structure includes
specialist sections dealing with
and having expertise in many of
the major areas of importance to
insurance and insurance law. It conducts a number of major programs
throughout the year, including its Annual Meeting and Winter Meeting as
well as specialist meetings such as its
Corporate Counsel Symposium and
I-3 Insurance Institute.
Having established that both
FDCC and AIDA present important
opportunity for each other’s development including the furthering of objectives and opportunities for members, it has been proposed that the
relationship between the two bodies
be further explored consistent with
the following:
• Both bodies will work towards a
closer relationship in pursuance
of mutual interests and areas
where we can assist each other to
achieve our objectives.
• To start with, the President and
senior office bearers will be invited
to each other’s relevant meetings
and conferences and, when appropriate, be given an opportunity
to participate in those programs
as speakers or commentators.
• When attending each other’s
meetings, time (both formal and
informal) will be set aside to discuss progress and issues in the
growth of relationship between the
bodies.
• Specifically, and at a time which
is appropriate given the development of the relationship, such
discussions may include the promotion of membership and the
planning of a joint seminar or
conference.
• Cooperation between the Working
Parties of AIDA and the specialist
sections of the FDCC.
Senior members and office bearers of the FDCC have previously
attended AIDA Europe Conferences
in Zurich, Amsterdam, and London,
most recently being Mike Neil, Rich
Traub, and Mike Nelson who
attended the London meetings in
September 2012.
Some FDCC members have also
sought to become members of the
AIDA Chapter in the USA; therefore,
it is clear that there are many opportunities for FDCC and AIDA USA to
work more closely together. Colin Croly attended the Annual
Conference of FDCC in Whistler,
British Colombia in July 2012.
Michael Gill attended the Winter
Meeting in March 2013 in San Antonio, Texas. The insurance and reinsurance
industry is becoming more global
each year and the service providers
have to make sure they are relevant
to this development. AIDA and FDCC
through sharing their connections
internationally can strengthen the
service offering to insurance and reinsurance companies. In so doing this
for the various different categories of
membership of the two organisations
of FDCC and AIDA will be singing a
similar and harmonious aria.
Click here for further information
about AIDA.
back to cover
A questionnaire has been
prepared for each theme and the
Reporter will collate the responses
from each National Chapter based
upon their local jurisdiction. At the
World Congress, each topic will be
discussed by an international panel
drawn from the wide membership of
AIDA, and will include audience participation.
Click here for the draft program
for the AIDA 2014 World Congress.
When Michael Gill was elected
President of AIDA in Paris in May
2010, he identified the strengthening and revitalising of AIDA’s North
American presence as one of the key
objectives of AIDA. AIDA needs to
assume a more significant interaction with US insurance lawyers and to
strengthen the US Chapter. Because
of Colin Croly’s long and involved
role with FDCC, his attendance at
many of the FDCC meetings, and the
relationships he has with key FDCC
personnel, it seemed very appropriate for AIDA to explore the strengthening of links with FDCC.
Michael Gill, as AIDA President,
was invited to attend the FDCC’s
Winter Meeting in Phoenix Arizona
last year and this year’s meeting in
San Antonio. Those discussions have
led to further exchanges between the
association and a growing realisation
of what each can do for the other.
AIDA can give FDCC access to
its unique international network of
insurance lawyers and others with
an interest in insurance law. This
includes the Working Parties, the National Chapters, the World Congress
and Regional Conferences, and personal relationships. FDCC, as one
of the most prominent professional
associations in the US representing
those with an interest in insurance
back to cover
Megan O’Neill
DRI Marketing Analyst
Insurance Bad Faith in Boston
Join DRI for the Insurance Bad
Faith and Extra-Contractual Liability
Seminar in Boston June 5–7, 2013.
This seminar will provide attendees
with valuable insight into a variety
of issues that confront practitioners
and claims professionals in the bad
faith arena. Learn how to handle
discovery relating to claims manuals and training materials, receive
an overview discussion of cuttingedge judicial decisions, and hear a
lively panel discuss how to develop
and maintain a winning relationship
among all members of the defense
and insurance team. Click here to
register or for more information.
Defending Trucking Litigation
Primer
Registration is limited for DRI’s firstever Defending Trucking Litigation
Primer, a program designed for
young lawyers or those new to the
practice area, on June 7 in Chicago.
Attendees will learn in an informal table-discussion format and hear from
some of the nation’s leading experts
on the trucking industry, accident reconstruction, biomechanics, defense
pleadings, trucking discovery, ethical
considerations, and defending trials.
No other program is as comprehensive or cost-effective. Click here to
Global Arbitration Summit
DRI’s Global Arbitration Summit ,
taking place Wednesday, June 12
in Prague, Czech Republic, will look
at the evolving role of arbitration in
an increasingly global and interconnected world. Participants include
experienced attorneys and in-house
counsel, who will share recent trends
in different industries and jurisdictions
concerning the use of arbitration.
Our multinational faculty will discuss
the future of global arbitration and
the qualities that lawyers must possess to represent clients effectively in
arbitration.
Please note your $250 USD
registration fee will be waived if you
register for DRI’s Hot Topics in International Dispute Resolution Seminar,
13-14 June 2013. Click here to register or for more information.
Hot Topics in International
Dispute Resolution
DRI International is proud to present
its fifth annual international seminar
Hot Topics in International Dispute
Resolution , which is specially designed to discuss timely topics and
developments in international dispute
resolution arising out of cross-border
business activities. DRI International
provides a unique forum to meet,
discuss, share ideas, and network
with fellow litigators and litigation focused in-house counsel from around
the globe.
On 12 June join DRI’s Alternative
Dispute Resolution Committee and
DRI International for the Global Arbitration Summit. The registration fee of
250 USD will be waived if the regis-
trant registers for DRI’s Hot Topics in
International Dispute Resolution Seminar, 13-14 June 2013. Click here to
Young Lawyers in Las Vegas
The DRI Young Lawyers Seminar ,
June 20–21 in Las Vegas, is a unique
program designed to help young
lawyers develop business, communicate more effectively with senior
lawyers, achieve partnership status,
and become skilled superstars. The
faculty includes in-house lawyers
from some of America’s most recognized companies; experienced trial
lawyers; a consultant on leadership,
diversity, and inclusion; and three
stand-out young lawyer speakers. Attendees will also have the unique opportunity to participate in Fast Pitch,
where young lawyers can deliver their
business pitches to in-house lawyers
and get individualized feedback (preregistration required). Click here to
Government Enforcement and
Corporate Compliance
DRI is proud to bring its inaugural
Government Enforcement and Corporate Compliance Seminar to the
nation’s capital, June 27-28, 2013.
Sweeping changes over the past
decade have caused corporations,
business executives, and in-house
counsel to change the way they view
their relationship with government
agencies. This seminar offers timely
and hard-hitting presentations by ex-
ON COLOR BACKGROUND
2013
ON WHITE BACKGROUND
Calendar of Events
Class Actions Seminar
heads to D.C.
DRI’s Class Actions Seminar , July
25–26 in Washington, D.C., will
once again bring together counsel
for the defendants involved in those
Supreme Court cases, as well as nationally and internationally renowned
practitioners, to discuss the cuttingedge issues impacting class action
law and offer practical advice on defending these cases. In addition, respected in-house counsel will provide
their views on multiple aspects of the
defense of class actions. If you practice in the fields of complex litigation,
mass torts, or class actions, you will
not want to miss this outstanding
program. Click here to register or for
more information.
Join DRI on social media!
DRI - The Voice of the Defense Bar is
on Facebook, Twitter, and LinkedIn.
The DRI LinkedIn Group is rapidly
increasing – having just surpassed
13,000 members. Join the conversation on the DRI LinkedIn page, the
largest online civil litigation group,
as well as follow us on Twitter and
become a fan of DRI- The Voice of
the Defense Bar on Facebook.
DRI in the Blogosphere
The DRI Happenings Blog is an online community for DRI members to
share experiences and insights, special announcements, activities, community service projects, recognize
diversity, and any other information
to drive awareness of organizational
offerings and events. E-mail your
submissions with the subject line
“Blog Post.”
DRI Today is specifically targeted for the DRI member, with legal
blawgs highlighting various practices,
“find a lawyer” directory, as well as
the opportunity to search For The
Defense articles, follow DRI updates
via the Twitter scroll, DRI Today blog,
The Court Reporter, and much more.
Members are encouraged to be a
part of this interactive community by
submitting a post for the DRI Today
blog. E-mail your submissions with
the subject line “Blog Post.”
Discover all the resources DRI
has to offer to build your practice at
www.dri.org
June 9-13, 2013
Litigation Management
College and
Graduate Program
Emory University
Atlanta, GA
July 28 – August 4, 2013
FDCC Annual Meeting
The Broadmoor
Colorado Springs, CO
September 17-18, 2013
P&O Meeting
Swissotel
Chicago, IL
September 18-20, 2013
Corporate Counsel
Symposium
Swissotel
Chicago, IL
October 2-4, 2013
I-3
New York Athletic Club
New York City, NY
back to cover
perts, addressing the ever-increasing
risk of civil, regulatory, and criminal
liability for corporations and those
who run them. Presentations and
panel discussions will cover a broad
spectrum of substantive areas and
offer perspectives from in-house and
outside counsel, government prosecutors, and officials. Click here to
2014 Winter Meeting
Marco Island Marriott Beach Resort
Marco Island, Florida
Saturday, March 1 - Saturday, March 8
back to cover
Perfection!
Imagine a place where
beautiful white sandy beaches and
sunny days meet the magic of warm
starlit nights. Your Florida experience,
perfected by the FDCC, begins in
the Winter of 2014 as we return to
the enchanting and blissful Marco
Island. Whether you are thrill seeking
or searching for fellowship, swimming, sunbathing, hearty laughter, or
something to keep you and the kids
entertained, you’ll find it with our
“Ticket to Paradise.”
Our spectacular accommodations at the luxurious Marco Island
Marriot Beach Resort give a new
meaning to the phrase “a room
with a view.” Coined as a personal
island within an island paradise, it
is a world-class resort located on
three miles of pristine, sandy beach
with the turquoise waters of the
Gulf of Mexico just steps away. On
the largest of the Ten Thousand
Islands, it made Conde’ Nast Traveler’s Gold List for 2013 as one of
the World’s Best Places to Stay. This
resort not only exemplifies paradise,
but refines and redefines it.
We understand that the definition of relaxation can be as diverse
as our members. From soul-soothing
to heart-pounding, you’ll find it all
right here (and you may decide
never to leave the resort during your
week’s stay). In addition to first class
shops right on its premises, embark
on a guided Waverunner excursion to the Mangrove Estuary, go on
a manatee-watching charter, hop on
an airboat through the Everglades,
or cruise along the coastal waters via
catamaran, kayak, parasail, or even
paddleboard. Or play a round of
golf on the Marriot’s award winning
golf course, The Rookery. The Marriot pools are everything a tropical
oasis should be, and if you’re looking for added fun for the kids, take
your little ones to Tiki Tribe Discovery
Day Camp. Then, for a touch of luxury and privacy, and your own wellbeing, you owe it to yourself to experience the award winning health spa
and terrace, with quiet private pool,
surrounded by the gentle beaches
and peaceful waters of the Gulf. Social events are scheduled in
and around the resort. Join Tim and
Christie Pratt at the President’s Welcoming Reception which will take
place in a beautiful courtyard and
gardens by the sea. The kids will
have a scavenger hunt that week and
our cocktail parties, in different and
breathtaking venues throughout the
resort, will allow you to experience
magnificent sunsets over the Gulf
and breathe fresh salt air. For our
dine-around, you will have the option to be transported to Naples to
explore and dine with friends before
returning to Marco Island to enjoy
fellowship and delicious libations.
Our closing night gala will be an
evening to remember as we relish the
memories of the past week, enjoy the
new friends we have made, and bask
in the warmth and comfort of fellowship.
Our Program Chair, Howard
Merten, is putting together a fantastic
program, Objects on the Horizon
are Closer than they Appear–are you
Ready? Since it is the Winter Meeting,
our terrific Trial Masters Program will
kick off our CLE on Tuesday morning
and will focus on the special challenges of representing unpopular and
notorious defendants. Our Plenary
programs will include timely, topical,
and cutting-edge presentations on
new technologies (and why all lawyers need to know these to prosper
in the new frontier), recent economic
trends and their impact on law firms
in an ever increasing competitive
environment, and the storm clouds of
new and far-reaching legal theories
which are impacting our corporate
clients and litigation strategies.
At Marco Island, the skies are
bluer, the sun is warmer, and friendships grow richer. So book your
“Ticket To Paradise” and we look
forward to seeing you next year in
Marco Island!
—Jeff and Elizabeth Lorell
—Convention Chairs
FDCC quarterly to see changes
ON COLOR
BAC KGR OUN
D
QUARTERLY
SUMMER
BAC KGR OUN
D
,
ON WH ITE
Sue Popik
FDCC Quarterly Editor
The FDCC Quarterly continues to
publish scholarly law review caliber
articles, mostly written by FDCC
members, on cutting-edge topics
of interest to FDCC members and
the defense bar and corporate clients generally. The FDCC Quarterly
remains an important piece of the
“knowledge” commitment of the
FDCC’s mission. Current and past
editions of the Quarterly are available in electronic form to FDCC
members and the public on the
FDCC website at www.thefederation.
org (click on Publications, and then
click on FDCC Quarterly). If you
have not looked at the Quarterly in a
while, please spend a few minutes on
the website scanning a few editions
– you will be impressed and proud of
the scholarship of your fellow FDCC
members, and you might just find an
article that will help you win one of
your pending cases.
Changes are coming to the
Quarterly. For several decades, the
Quarterly has been edited by professors at Marquette University Law
School, with the assistance of several
law students at that university. The
current editors, Professors Patricia
Bradford and Alison Julien, have
informed the FDCC that they have
elected not to renew their contract
with the FDCC when it expires this
summer. We are very pleased that
one of our own – Sue Popik – will
become the new editor of the Quarterly. Sue has been an active mem-
NO. 4
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FDCC QUA
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VOLUME
62 INDEX
ber of the FDCC for
over 20 years and has
served the organization in many ways,
including a long
tenure on the Board
of Directors. A few
years ago, Sue left
private practice to
join Thompson Reuters
as an editor of its very popular Rutter
Group series of legal treatises. So
serving as editor the Quarterly will
come very naturally for Sue.
The Board, the Publications
Committee, and Sue are taking
the opportunity of this transition to
make the Quarterly even better. New
guidelines for articles are being developed to ensure that the quality of
the Quarterly remains unmatched.
The Publications Committee will work
very closely with the Section Chairs
to ensure timely and topical submissions to the Quarterly. Arrangements
are underway to expand the involvement of FDCC members in the editorial process. These endeavors should
Browse th
is
edition
result in a Quarterly that is better
than ever.
Finally, please consider writing
an article for the Quarterly, or encouraging one of your associates to
write an article under your supervision. It is a great way to share your
knowledge and expertise with your
fellow FDCC members and the legal
and corporate community. And, in
addition to being a learning experience for your associate, it is a great
way for him or her to build a resume
and distinguish himself or herself in
the legal field.
The FDCC Quarterly continues to publish scholarly law review
caliber articles, mostly written by FDCC members, on cutting edge
topics of interest to FDCC members and the defense bar and
corporate clients generally.
back to cover
VOL. 62,
welcome
ON WHITE BACKGROUND
new members
Corporate Counsel
back to cover
Richard N. Bland
Vermont Mutual Insurance Company, Montpelier, VT
Sponsors: Deborah D. Kuchler, Esquire;
Richard H. Wadhams, Jr., Esquire
Alan G. Bryan
Wal-Mart Stores, Inc., Bentonville, AR
Sponsors: David Fuqua; Jay Bequette
Christine S. Celia
ACE USA, Wilmington, DE
Sponsors: Jane North; James L. Kelly, Jr.
Cori M, Cook
Employee Benefit Management Inc., Billings, MT
Sponsors: Robert James; Brad Luck
James A. Dodrill
Progressive Group of Insurance Companies,
Charleston, WV
Sponsors: Elliot G. Hicks; J.R. Murphy
Dana L. Frese
Hospital Services Group, Inc. d/b/a Healthcare
Services Group, Jefferson City, MO
Sponsors: Robert T. Adams; Kurt A. Hentz
Nicholas Ghiselli
COPIC, Denver, CO
Sponsors: Dan McCune; Laurence McHeffey
Mark R. Hayes
Arkansas Municipal League, North Little Rock, AR
Sponsors: David Fuqua; Jay Bequette
Bryony B. Hodges
AGL Resources Inc., Atlanta, GA
Sponsors: R. Clay Ratterree; Ned Currie
Kathryn D. Ingraham
Dover Corporation, Downers Grove, IL
Sponsors: David M. Governo; Rick Fenton
Michael T. Bridwell
Strong Pipkin Bissell & Ledyard, L.L.P., Beaumont, TX
Sponsors: James Scott Murphy; Karen L. Spivey
Peter D. Lahn
Grinnell Mutual Reinsurance Company, Grinnell, IA
Sponsors: Richard Whitty; Dennis Day
Michael J. Drahos
Fowler White Burnett, PA, West Palm Beach, FL
Sponsors: Donald W. Hardeman; Greg M. Gaebe
Robert B. Mulhern, Jr.
Devon International Group, King of Prussia, PA
Sponsors: Frank H. Gassler; Dean F. Murtagh
Keely E. Duke
Duke Scanland & Hall, PLLC, Boise, ID
Sponsors: Diane Polscer; Kevin J. Scanlan
Patrick K. Nails
Arch Insurance Group, Inc., New York, NY
Sponsors: Bruce D. Celebrezze; Michael T. Glascott
Stephen D. Feldman
Ellis & Winters LLP, Cary, NC
Sponsors: Leslie C. Packer; Richard K. Traub
Kimberly L. Rhodes
Quintiq, Inc., Radnor, PA
Sponsors: Marjorie J. Berger; Jane A. North
Richard E. Gottlieb
Dykema Gossett PLLC, Chicago, IL
Sponsors: Reid S. Manley; Robert H. Shultz, Jr.
Jennifer Arnett Roehrich
Arch Insurance Group Inc., Jersey City, NJ
Sponsors: Ned Currie; Elizabeth F. Lorell
Laura Kingsley
HongSquire Sanders (US) LLP, Cleveland, OH
Sponsors: Deborah D. Kuchler; John W. Lebold
Timothy W. Triplett
Michael J. Hurvitz
Black & Veatch, Overland Park, KS
Morris, Polich & Purdy, San Diego, CA
Sponsors: Timothy A. Pratt; Stephanie Cole
Sponsors: Clark R. Hudson; Michael I. Neil
Rory Eric Jurman
Defense Counsel
Fowler White Burnett, P.A., Fort Lauderdale, FL
Sponsors: Francisco Ramos, Jr., Esq.,
Clifford (“Ford”) K. Bailey, III
Martin P. Lavelle, Esq.
Wells Marble & Hurst, PLLC, Ridgeland, MS
Sponsors: Edward J. Currie; Robert A. Biggs, III
Andrew L. Margulis
Bradley John Beehler
Morley Law Firm, Ltd., Grand Forks, ND
Sponsors: Mark Daniel Vogel; Edward J. Currie, Jr.
Christopher T. Bradley
Marshall, Conway & Bradley, P.C., New York, NY
Sponsors: Dan D. Kohane; Louis G. Corsi
Ropers Majeski Kohn & Bentley P.C., New York, NY
Sponsors: Ned Currie; Dan Kohane
Sean W. Martin
Leitner, Williams, Dooley & Napolitan, PLLC,
Chattanooga, TN
Sponsors: Thomas A. Williams; William E. Godbold, III
New members
Christopher Scott Wormsley
Bradshaw, Fowler, Proctor & Fairgrave, P.C.,
Des Moines, IA
Sponsors: William F. Fanter; Stephen E. Doohen
Amy L. Miletich
MiletichCohen PC, Denver, CO
Sponsors: John R. Trigg; Mills Gallivan
Joseph J. Wright
Rutledge, Manion, Rabaut, Terry & Thomas, P.C.,
Detroit,MI
Sponsors: Dora A. Wilkerson; William C. Schaefer
Patrick J. Paul
Snell & Wilmer L.L.P., Phoenix, AZ
Sponsors: Michael I. Neil; Sheila Carmody
Thomas O. Perry
Kroloff, Belcher, Smart, Perry & Christopherson,
Stockton, CA
Sponsors: Donald Rees; Richard E. Hall
Keith R. Raulston
Jones, Walker, Waechter, Poitevant, Carrere
& Denegre, L.L.P., Jackson, MS
Sponsors: Edward J. Currie, Jr.; Robert A. Biggs, III
Calvin J. Stacey
Stacey & Funyak, Billings, MT
Sponsors: Robert James; Bradley Luck
Intl. CORPORATE Counsel
Margaret A. Reeves Lottimore
XL Insurance (Bermuda), Ltd., Hamilton, Bermuda
Sponsor: Kate Daly
Intl. DEFENSE Counsel
Margaret Deborah Orth
Bertschi Orth Solicitors and Barristers LLP,
Ottawa, Ontario, Canada
Sponsor: Todd Raskin
FDCC/IADC Joint Law Firm Management Conference
For FDCC and IADC members and those involved in the management of their firms (lawyers and non-lawyers), the
FDCC/IADC Joint Law Firm Management Conference addressed Managing the 21st Century Law Firm on May 8-10,
2013 at the Embassy Suites O’Hare, Chicago, Illinois.
Larry M. Roedel
Roedel Parsons Koch Blache Balhoff & McCollister,
Baton Rouge, LA
Sponsors: Tyron D. Picard; Allyson Pharr
Michael J. Rust
Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.,
Atlanta, GA
Sponsors: Robert A. Henderson; Alan Herman
Gregory B. Scher
Woolls & Peer, Los Angeles, CA
Sponsors: Victoria H. Roberts; John E. Peer
Peter J. Wanek
McCranie, Sistrunk, Anzelmo, Hardy, McDaniel
& Welch, LLC, Metairie,LA
Sponsors: Mark J. Gesk; Sidney J. Hardy, Jr.
FDCC members and speakers at FDCC/IADC Law Firm Management Conference Doug Berry, Mike Lucey, Deb Kuchler, and Susan Harwood
FDCC Executive Director, Marty Streeper,
and IADC Executive Director, Mary Beth
Kurzak, at recent FDCC/IADC Law Firm
Management Conference in Chicago
back to
to cover
cover
back
Gregory J. McDonald
Bienvenu Foster Ryan & O’Bannon LLC,
New Orleans, LA
Sponsors: Ernest L. O’Bannon; Arthur W. Landry
ON COLOR BACKGROUND
FDCC ANNUAL MEETING IN 2014
back to cover
MOVED TO THE GREENBRIER RESORT
WHITE SULPHUR SPRINGS, WEST VIRGINIA
As you have probably heard, the 2014 Annual Meeting, July 27 to August 2, 2014, will be held at the fabulous Greenbrier Resort in White Sulphur
Springs, West Virginia. Although our last FDCC meeting at the Greenbrier
was in 1991, we had planned to return there in 2009 until a labor dispute
caused us to move our meeting to The Homestead in Hot Springs, Virginia. The Greenbrier has been anxious for us to return, and has worked with us to
insure that our group will have a fabulous experience. The Greenbrier is one of
the most spectacular meeting venues in the United States with its classic architecture, sculpted landscape, unmatched service, championship golf course, the
world’s only Forbes Five-Star mineral spa, and much more. And it is better
than ever, having just completed a major renovation project. Just across the
Virginia border, the resort is easily accessed by car for many on the East coast. If you are traveling by air, you can fly directly to White Sulphur Springs (just
minutes from the Greenbrier) from several major airports. The resort is truly
beautiful, and offers a wide array of exciting activities for all ages. Program
Chair Michael Scott is already hard at work on a fantastic program, and Convention Chairs Leslie and Tom Packer are promising one of the best meetings
ever. Make your plans now for a great family get-away to the Greenbrier during the summer of 2014!
FUTURE Meetings
ON WHITE BACKGROUND
ANNUAL 2013
Sunday, July 28 –
Sunday, August 4, 2013
The Broadmoor - Colorado Springs, Colorado
WINTER 2014
Saturday, March 1 –
Saturday, March 8, 2014
Marco Island Marriott - Marco Island, Florida
ANNUAL 2014
Sunday, July 27 –
The Greenbrier Resort
White Sulfur Springs, West Virginia
WINTER 2015
Saturday, February 28 –
Waldorf Astoria El Conquistador
Fajardo, Puerto Rico
ANNUAL 2015
Saturday, July 25 –
Fairmont Banff Springs Hotel
Banff, Alberta, Canada
WINTER 2016
Saturday, February 27 –
Hotel Del Coronado - San Diego, CA
ANNUAL 2016
Photograph Courtesy of Greenbrier
Saturday, July 23 –
Saturday, July 30, 2016
Fairmont Le Manoir Richelieu
La Malbaie, Quebec, Canada
WINTER 2017
Friday, March 3 – Friday, 10, 2017
Omni Amelia Island - Amelia Island, FL
back to cover
Officers and Board of Directors | 2012 – 2013
Bottom Row: Mike Neil, Tim Pratt, Ed Kaplan, Vicki Roberts
2nd Row: Ned Currie, Michael Glascott, Bruce Celebrezze, Deb Kuchler, Elizabeth Lorell, Deb Varner, Marty Streeper, Leslie Packer, Steve Farrar
Third Row: Walter Dukes, Howard Merten, Andy Downs, Ken Nota, Mills Gallivan, Scott Kreamer, Michael Scott, Don Myles
Not pictured: Susan Harwood
11812 North 56th Street
Tampa, FL 33617
Send your comments regarding the Flyer to: Gregory Witke | [email protected]

Spring 2013 - The Federation of Defense and Corporate Counsel

Transcription

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