2013 Midyear Meeting. February Boca Raton Resor t and Club. Boca Raton, Florida. Highlights

Transcription

1 2013 Midyear Meeting February 9-14 International Association of Defense Counsel Boca Raton Resor t and Club Highlights Boca Raton, Florida Foundation Forum Speaker: Theodore Olson The Future of the Roberts Court Litigation Management from the Corporate Counsel Perspective The ipad Litigator - Using Tablet Technology Effectively in the Courtroom and the Office Innovative Techniques for Effectively Defending Damage Claims in High-Stakes Litigation

2 Table of Contents Welcome Message... 1 Program Highlights... 2 Programs... 4 Social Events and Highlights Golf Tennis and Croquet Tours Boca Raton Activities Hotel Information General Information Registration Form Thank You and Our Sponsors... 25

3 Welcome Come join us at the gorgeous Boca Raton Resort and Club in beautiful south Florida for the 2013 Midyear Meeting! This Waldorf Astoria resort is an icon of elegance and has everything you ve come to expect from an IADC location. There is no better place to enjoy fabulous CLE, network with colleagues and engage in the social events that make IADC meetings so special. The meeting will kick off with our Foundation Forum speaker, Theodore Olson, former Solicitor General of the United States. A lawyer s lawyer who has argued 58 cases before the U.S. Supreme Court, Mr. Olson successfully represented George W. Bush in Bush v. Gore, which effectively ended the recount of the contested 2000 Presidential election. More recently, Mr. Olson teamed with David Boies to challenge Proposition 8, the California constitutional amendment banning same-sex marriage. His work on the lawsuit earned him the title of top thinker on Time Magazine s top 100 most influential people in You will not want to miss this incredible presentation. In addition, Midyear Meeting CLE Program Chair Archie Reeves and his committee have put together a fabulous lineup of Major CLE and Committee programming built around the theme of IADC 2013: Where Advocacy Meets Innovation. Major CLE Topics include the Future of the Roberts Court, Using Tablet Computer Technology Effectively in the Courtroom, Innovative Techniques for Defending High Stakes Litigation and the Impact of Social Media on Ethics, Discovery and Trial. In addition, we have a robust slate of committee programs touching on a wide range of topics. There is something for everyone. Our general interest programming will include presentations by Pulitzer Prize-nominated author Carl Hiassen who will delight us with his unique take on life in south Florida and David Callahan, PhD, author of The Cheating Culture: Why More Americans Are Doing Wrong to Get Ahead. The Book Review selection is The Immortal Life of Henrietta Lacks, a fascinating story of how one woman s cells were used extensively for medical research without her knowledge. All of these presentations are sure to be informative and enlightening. The meeting is packed with fun, too! We have our usual golf and tennis events along with an afternoon bike ride and an informal croquet match. Our social activities will be highlighted by a Copacabana Theme Party and a Mardi Gras Reception and Gala. We ll also enjoy each others company at After Dinner Gatherings, Mix and Mingles, Meet and Greet Breakfasts, and more. All of this will be held in beautiful, sunny and warm south Florida. You will have a wonderful time exploring Boca Raton and Palm Beach. Go fishing or parasailing, enjoy a day at a beach club cabana or the world class spa, tour the Everglades, see a Polo Match, go shopping or eat at one of the area s many fantastic restaurants. This is the perfect destination to escape the cold and add excitement to your winter days! We look forward to seeing you in Boca Raton!! Anne and Quentin Urquhart Planning team (l to r): Molly Craig, Anne Urquhart, Steven Craig, Quentin Urquhart, Kat Silverglate, Spencer Silverglate

4 Foundation Forum Speaker Theodore Olson Sunday, February 10 10:15-11:30 a.m. Theodore B. Olson was Solicitor General of the United States from and Assistant Attorney General in charge of the Office of Legal Counsel from He is currently a partner in the firm of Gibson, Dunn & Crutcher in Washington, D.C., and Co-Chair of the firm s Appellate and Constitutional Law and Crisis Management Practice groups. Mr. Olson has argued 58 cases before the United States Supreme Court including the Bush v. Gore cases, McConnell v. FEC, Citizens United v. FEC, Caperton v. Massey, Rasul v. Bush, and cases involving telecommunications, antitrust, the environment, patents, numerous constitutional provisions and many other subjects. He is a Fellow of the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He is currently a member of the Council of the Administrative Conference of the United States and a member of the Board of Directors of the Cato Institute. He also currently serves on the Board of Trustees of the Ronald W. Reagan Presidential Foundation and the Board of Directors of the National Center for State Courts. He was Co-Chair of the Knight Commission on the Information Needs of Communities in a Democracy and a member of the Privacy and Civil Liberties Oversight Board. He was a Visiting Scholar at the National Constitution Center, In 2010, Mr. Olson was named by Time Magazine as one of the 100 Most Influential People in the World and by The Huffington Post as one of 100 Gamechangers. The Foundation Forum speaker is sponsored by The Foundation of the IADC. Support Your Foundation! Purchase a raffle ticket when you register for the meeting or on-site at the IADC Information Desk. Our raffle package is courtesy of the Grand Wailea in Maui, Hawaii, home of the 2013 IADC Annual Meeting. This raffle prize includes three nights accommodations and two spa treatments. Tickets are $100 each! The drawing will be held at the Mardi Gras Gala and Reception on February 13. You do not need to be present to win. 2

5 Featured Speakers Carl Hiaasen Tuesday, February 12 8:45-9:45 a.m. Bestselling novelist and journalist Carl Hiaasen is among South Florida s most vital natural resources. His comic styles - Hiaasenesque - combines thrilling plot lines, blunder-prone schemes, headstrong men and women, corrupt politicians, and a loving nod to the natural landscape of South Florida. In his hilarious keynotes, Hiaasen shows you his America: absurd, seedy, and oddly beautiful. Photo credit: Tim Chapman Carl Hiaasen s fiction - slightly more outrageous than his journalism, but just barely - has earned him praise as one of America s finest satirical novelists. He shares almost unbelievable stories about the sleaze, the quirkiness - and, yes, the perseverance - that underlie life in South Florida. In the tradition of the best satirists, his scathing critiques are wrapped in relatable humor and ring true with insight into the desperation, the audacity, and the hope intrinsic to human nature. Carl Hiaasen s bestselling novels include Nature Girl, Tourist Season and Skinny Dip, which was just optioned for film by Mike Nichols (The Graduate). He also writes a column and is an investigative journalist for The Miami Herald. For his non-fiction work, he has earned three Pulitzer Prize nominations. For being an all-around interesting guy, he was profiled on 60 Minutes. Hiaasen is also the author of two novels for young readers, Flush and Hoot, which was awarded a Newbery Honor. His latest book, Star Island, is a humorous look at the cult of celebrity. Mr. Hiassen will be available for a book signing following the program. David Callahan Wednesday, February 13 10:30 a.m. - 11:30 a.m. Are We a Nation of Cheaters? David Callahan has spent the past eight years exploring the decline of America s ethics and how we can still turn things around to create a more honest society. David is the author of The Cheating Culture: Why More Americans Are Doing Wrong to Get Ahead, and editor of In his provacative book, David looks at increased economic competition and changing incentives that have created a nation of cheaters. He explores everything from scandals on Wall Street, to the fall of Lance Armstrong, to cheating students at Harvard, to overbilling by top law firms. He shows that Americans at every level are tempted to cut corners to do better financially, academically, or professionally. Even the best of us, says David, can find ourselves sucked into the cheating culture. But David also sees signs of hope, with reforms under way in a number of areas aimed at improving American s battered ethics. This presentation will be eligible for ethics/cle credit. 3

6 Programs 8:00-9:00 a.m. Sunday, February 10 Construction Law And Litigation Business Meeting Toxic and Hazardous Substances/Product Liability/Drug, Device and Biotechnology Mountains from Molecules? Techniques for Refuting Low Dose Exposure Claims Plaintiffs are increasingly claiming that extremely low dose exposure to a chemical or substance caused their alleged injury. Low dose exposure claims are becoming more prevalent in the areas of asbestos, benzene, coal dust, and silica. This panel of lawyers and scientists will discuss how to effectively rebut low dose exposure claims before a jury and also review recent decisions that rejected low dose exposure expert testimony and claims. Speakers: Susan J. Cole, Bice Cole Law Firm, Coral Gables, Florida USA; I. Allan Feingold, MD, FRCP(C), FCCP, Medical Director, Occupational & Environmental Medicine, South Miami Hospital, Miami, Florida USA; Michael Fox, Sedgwick Law, San Francisco, California USA Trial Techniques and Tactics/Medical Defense and Health Law Trying Cases in Challenging Venues While all jury trials are challenging, trying cases in venues where industry and Corporate America are often viewed as villains and where the system is perceived to strongly favor plaintiffs presents unique difficulties. Niall Paul and Mike Brown are experienced trial lawyers who are often called upon to try cases in venues with reputations for unusually strong anti-corporate bias. They will lead the discussion concerning the best practices for handling trials in these adverse venues, from pretrial through the closing. Speakers: Michael A. Brown, Miles & Stockbridge P.C., Baltimore, Maryland USA; Niall A. Paul, Spilman Thomas & Battle, PLLC, Charleston, West Virginia USA Class Action and Multi-Party Litigation Two Years Later: Compelling Arbitration of Class Disputes - The CFPB and State Efforts to Corral Concepcion When the U.S. Supreme Court handed down Stolt-Nielson and Concepcion in 2010 and 2011, new life was given to class action waiver clauses in arbitration agreements.the reaction was swift in some instances. Dodd-Frank barred such waivers in mortgage dealings, and the new Consumer Financial Protection Bureau (CFPB) undertook a study of arbitration clauses and the effects on consumers which closed public comment on June 23, Come hear the panel discuss the evolving state of the law concerning class action and pre-dispute arbitration waivers and class action waiver clause litigation. Speakers: Martin C. Bryce, Jr., Ballard Spahr LLP, Philadelphia, Pennsylvania USA; Frank A. Hirsch, Jr., Alston & Bird LLP, Durham, North Carolina USA; Jeffrey R. Johnson, Scheer & Zehnder LLP, Seattle, Washington, USA; Russell O. Stewart, Faegre Baker Daniels, Denver, Colorado USA Employment Law Employment Law Update The Employment Law Committee will make a presentation on the latest developments in the labor and employment field. By February 2013, the presidential and congressional elections will be determined, and the presentation will focus on hot topics in the labor and employment field. Speaker: Mark Fahleson, Rembolt Ludtke, Lincoln, Nebraska USA 9:15-10:15 a.m. Opening Session 10:15-11:30 a.m. Foundation Forum Speaker - Theodore Olson For a full description on Theordore Olson and his talk, see page 2. 4

7 Programs 4:00-5:00 p.m. International/Class Action and Multi-Party Litigation/Drug, Device and Biotechnology/Trial Techniques and Tactics Multi-national Trials and Evidence: An International Class Action Trial in Review Come hear this panel that was recently successful in defending a precedent setting class action trial in Canada as well as preparing for trial in other jurisdictions. This program will include a presentation of the innovative trial graphics used in the Canadian trial and will discuss coordination and management of international clinical studies and experts. The panel discussion will be particularly useful to members who may be involved in global litigation and have to consider the impact of varying trial procedures in different countries. Speakers: Steven M. Kohn, Reed Smith LLP, San Francisco, California USA; S. Gordon McKee, Blake, Cassels & Graydon, LLP, Toronto, Ontario Canada; Elizabeth Porter, Senior Corporate Attorney, St. Jude Medical, Inc., Saint Paul, Minnesota USA *This program will be followed by an international wine tasting reception. Advanced registration for reception is required; see page 13 for more details. Registration is not required if attending the CLE session only. 7:30-8:30 a.m. Monday, February 11 Fidelity and Surety Business Meeting Toxic and Hazardous Substances Litigation/ Environmental and Energy Law/ Legislative, Judicial and Government Affairs Shale Oil and Gas Development: Environmental Problem or Economic Solution in Search of a Problem? A lively interactive panel will discuss the risks and benefits of shale oil and gas extraction in the setting of a mock state Legislative Committee taking testimony on whether those benefits justify potential harm to human health and the environment. This panel will represent the spectrum of political, regulatory and scientific views on the issue. The Committee Members and witnesses will debate the perceived economic benefits of hydraulic fracturing and horizontal drilling techniques, as well as the perceived potential risks to human health and the environment from these methods. Be part of the dialogue as the panel explores governmental regulations, legal limits, and civil litigation. The panel will begin with an animation that will ensure participants fully understand exactly what hydraulic fracturing is and how its use has revolutionized natural gas exploration. Speakers: Blaine D. Edwards, Superior Energy Services, Inc., Houston, Texas USA; Richard O. Faulk, Gardere Wynne Sewell, LLP, Houston, Texas USA; Raymond G. Mullady, Jr., Blank Rome LLP, Washington, District of Columbia USA; Niall A. Paul, Spilman Thomas & Battle, PLLC, Charleston, West Virginia USA; William A. Ruskin, Epstein Becker & Green, P.C., New York, New York USA 5

8 Programs Monday, February 11 continued 7:30-8:30 a.m. Transportation Hot Topics in Transportation Law This program will feature two presentations each delivered by a sub-committee of the Transportation Committee. The first presentation will be entitled First Response Team - What You Need to Know to Protect Your Client and its Employees. This will discuss retaining investigators, experts, dealing with authorities preserving evidence and downloading ECM. Our second presentation will be Defense of Railroad Cases, Including the Problems Created by Use of the Locomotive Video in the Defense of Crossing Accidents. Speakers: Donna L. Burden, Burden, Gulisano & Hickey, LLC, Buffalo, New York USA; Timothy F. Daniels, Irwin Fritchie Urquhart & Moore LLC, New Orleans, Louisiana USA International A Global Concern - Third Party Litigation Funding: Something Old, Something New, Something Borrowed... Something Blue? Legal fee regimes play a critical role in enabling or restricting private litigation. The U.S. regime, including approval of contingency fee agreements and the general policy of requiring each party to cover its own costs is an outlier: many European jurisdictions and Australia prohibit or restrict contingency fees and most jurisdictions require losers to pay winners costs, including fees. But judicial implementation of these rules varies considerably across jurisdictions and the availability of legal insurance in some jurisdictions softens their effect on incentives to litigate. Recently, the appearance of third-party litigation financiers has jolted the litigation landscape, but its effects on the legal profession and its implications for litigation strategies are unclear. This panel will aim to fill in this gap and bring together different perspectives about the virtues and vices of third party litigation funding and how this trend could affect litigation strategies. Michelle Fox, Herbert Smith Freehills, Sydney, Australia; Michael Mills, Herbert Smith Freehills, Sydney, Australia; Ralph Sutton, Chief Investment Officer, Bentham Capital, New York, New York USA Alternative Dispute Resolution/Insurance and Reinsurance/Corporate Counsel Mediating the High-Emotion Case Successfully mediating cases that are infused with a high level of emotion presents special challenges for practitioners, insurers, and corporate parties. Mediation approaches that may work well in other types of cases may not help resolve high-emotion cases, or may even be counter-productive. This experienced panel will discuss techniques suited for mediating cases that have a high emotional content, regardless of the size or complexity of the case. The panel includes perspectives and experiences from one of the most experienced mediators in the South Florida area and the founder of Mediation, Inc.; the Vice-President of Insurance of a major national insurer; and a highly-experienced private practitioner who has handled and resolved a broad range of types of cases involving both business and individual clients. Moderator: Val H. Stieglitz, Nexsen Pruet, LLC, Columbia, South Carolina USA Speakers: James B. Chaplin, President, Mediation, Inc., Miami, Florida USA; Deborah G. Cole, DGCole Law, Chicago, Illinois USA; Timothy J. Gephart, Vice President of Insurance, Minnesota Lawyers Mutual, Minneapolis, Minnesota USA 6 Moderator: Ianika Tzankova, BarentsKrans N.V., The Hague, The Netherlands Speakers: Christopher Rother, Head of Competition and Anti-Trust Law Department, Deutsche Bahn AG, Berlin, Germany; Ulrich Classen, Founder and Managing Director, CDC Cartel Damage Claims, Brussels, Belgium;

9 Programs 8:45-10:15 a.m. Major CLE The Future of the Roberts Court Sponsor: Appellate Practice Committee Despite the attempts to characterize the current Supreme Court as simply a reflection of the political divide infecting the other two branches of the national government, recent decisions demonstrate a more nuanced approach by the Court under the leadership of Chief Justice Roberts. Our panel, comprised of seasoned Supreme Court practitioners, insiders, academics and commentators, will examine the recent decisions from the Court and share their insight as to the action behind the scenes and what the future may hold as the Court continues to grapple with major and highly charged legislation and regulations. Moderator: M.C. Sungaila, Snell & Wilmer, Costa Mesa, California USA Speakers: Kannon K. Shanmugam, Williams & Connelly, LLP, Washington, District of Columbia USA; Thomas C. Goldstein, Goldstein & Russell, P.C., Publisher, SCOTUSblog, Washington, District of Columbia USA; Harry Litman, Visiting Associate Professor, Rutgers Law School, Camden, New Jersey USA, and Department Guest, Princeton University Program in Law and Public Policy, Princeton, New Jersey USA 10:30 a.m. - 12:00 p.m. Major CLE How the Defense Won the Most Significant Criminal Environmental Case in U.S. History - The Trial of United States v. W.R. Grace Sponsor: White Collar Defense and Investigations Committee In a case trumpeted as the most significant criminal environmental case ever brought by federal prosecutors, in 2005, the Department of Justice brought sweeping criminal charges against W.R. Grace and several of its executives, stemming from Grace s operation of a vermiculite mine in Montana. The EPA occupied the mine area, which closed in 1990, labeling it the Nation s leading Superfund site. Grace s operation of the mine quickly became the subject of three books, television documentaries and congressional hearings. Later, the Department of Justice charged Grace and its executives with conspiring to violate the knowing endangerment provisions of the Clean Air Act, conspiring to defraud the United States and obstruction of justice, seeking massive criminal fines and extended prison sentences. This panel of participants in the three month trial will discuss how they defended novel criminal environmental legal issues, presented a coordinated defense, challenged the government s medical and environmental expert witnesses, discredited the government s key witnesses, exposed government misconduct during trial, and used live, in court, social media coverage of the trial to their advantage in this highly charged case, which resulted in the jury s acquittal of the company and its executives on all charges. Moderator: Thomas C. Frongillo, Weil, Gotshal & Manges LLP, Boston, Massachusetts USA Speakers: William A. Coates, Roe Cassidy Coates & Price, Greenville, South Carolina USA; Jay Hughes, Senior Litigation Counsel, W.R. Grace, Cambridge, Massachusetts USA; Stephen R. Spivack, Bradley Arant Boult Cummings LLP, Washington, District of Columbia USA; Laurence A. Urgenson, Kirkland & Ellis LLP, Washington, District of Columbia USA; Elizabeth Van Doren Gray, Sowell Gray Stepp & Laffitte LLC, Columbia, South Carolina USA 7

10 Programs Monday, February 11 continued 10:30 a.m. - 12:00 p.m. Major CLE Litigation Management from the Corporate Counsel Perspective Sponsors: Business Litigation, Corporate Counsel, Drug, Device and Biotechnology, International, Product Liability, and Toxic and Hazardous Substances Litigation Committees This distinguished panel of corporate counsel will discuss the current demands and trends that impact their discussions when obtaining and retaining outside counsel. The program will focus on such issues as internal budget demands, tracking and benchmarking trends, the impact of outsourcing legal functions, current discovery trends, practical insights into successful alternative fee arrangements, and more. Moderator: Roy Alan Cohen, Porzio, Bromberg & Newman, P.C., Morristown, New Jersey USA Speakers: Eric Daniel Brown, Eli Lilly & Company, Indianapolis, Indiana USA; Silvio J. DeCarli, Associate General Counsel and Chief Litigation Counsel, E. I. du Pont de Nemours and Company, Wilmington, Delaware USA; Lynette Lupia, Senior Manager, Performance Management and Administration, Legal Division, Abbott Laboratories, Chicago, Illinois USA 5:00-6:00 p.m. International Committee Business Meeting 7:30-8:30 a.m. Tuesday, February 12 Insurance and Reinsurance Business Meeting Drug, Device and Biotechnology Six Sigma: What You Don t Know Can Hurt You Many companies have implemented the Six Sigma process or conceptual aspects of the program in their legal departments. What is Six Sigma? Why is it important for outside counsel to be well-versed in it? How have clients revised their expectations of outside counsel based on Six Sigma and can the Six Sigma program work in outside law firms and litigation teams? All of these controversial questions will be addressed and discussed by the speakers - one in-house head of litigation and one outside litigation partner. Come join us for this forward-looking, important presentation that will be educational for those lawyers who are unfamiliar with Six Sigma and provide a forum for discussions for those who are passionately divided in their opinions as to whether Six Sigma can work in outside law firms and litigation teams. Speakers: Eric Daniel Brown, Eli Lilly & Company, Indianapolis, Indiana USA; Michelle M. Fujimoto, Shook, Hardy & Bacon, LLP, Irvine, California USA 8

11 Programs Appellate Practice Amicus Curious: Oddball Appeals and the Limits of Creativity Join our panel for a discussion of some of the strangest (and most interesting) appellate experiences from their careers. Each panel member will share an unusual situation and the lessons that emerged from the craziness. The panel will also explore the limits of creativity in appellate briefing. We all want to catch the court s attention with our briefs, but it is not always easy to identify the line between innovation and foolishness. Are comic strips appropriate? How about a brief that consists almost entirely of a single photo? Bring your own stories and examples-they will be added to the mix. Speakers: Jeffrey A. Cohen, Carlton Fields, Miami, Florida USA; John B. Drummy, Kightlinger & Gray, LLP, Indianapolis, Indiana USA; Edmund Chip Farrell, Murchison & Cumming, LLP, Los Angeles, California USA; Kendall Harrison, Godfrey & Kahn, Madison, Wisconsin USA; M.C. Sungaila, Snell & Wilmer, Costa Mesa, California USA Product Liability No Evidence of Defect or Causation? No Problem! The Perils of the Malfunction Doctrine What happens when a plaintiff has difficulty proving that a product caused the plaintiff s injuries? In some instances, a plaintiff can rely on the malfunction doctrine to prove causation. Under this doctrine, if the circumstances of an accident indicate that a defect caused the accident, and the plaintiff can produce evidence that removes other possible causes, then the plaintiff can prove causation even if the product is damaged or destroyed. The speakers will address the origins of the malfunction doctrine, its application and limits, and strategies to best defend against it. Business Litigation/Alternative Dispute Resolution/Class Action and Multi-Party Litigation Defending Commercial Class Actions: Recent Cases May Be Giving the Defense an Edge Sponsor: RG/2 Claims Administration Plaintiffs lawyers continue to seek the benefits and windfalls of bringing commercial consumer class action litigation. But recent decisions from the U.S. Supreme Court and other courts are reshaping these actions and providing potential new avenues of defense. This program will discuss the changing landscape including decisions such as Walmart v. Dukes (SCOTUS), Behrand v. Comcast (3d Cir) and Glaser v. Whirlpool (6th Cir.) which discuss the permissibility of a merits inquiry by the court in making class certification decisions, and Wenzel v. Toyota which discusses the doctrine of prudential mootness as a defense to class actions. We will identify the current trends in commercial consumer class actions as the plaintiff s bar scrambles to get ahead of recent changes in these and other cases. Join us as our panel shares cutting edge tactics and strategies utilized today to contest and defeat class actions. Moderator: Kurt B. Gerstner, Campbell Campbell Edwards & Conroy, Boston, Massachusetts USA Speakers: Charles H. Cole, Schuyler, Roche & Crisham, P.C., Chicago, Illinois USA; T. Thomas Cottingham, III, Winston & Strawn LLP, Charlotte, North Carolina USA; Stephen A. Fogdall, Schnader Harrison Segal & Lewis, Washington, District of Columbia USA; Christopher C. Lam, Nexsen Pruet, LLC, Charlotte, North Carolina USA 8:45-9:45 a.m. Featured Speaker - Carl Hiaasen For a full description on Carl Hiaasen and his talk, see page 3. Speakers: Bruce H. Raymond, Raymond Law Group LLC, Glastonbury, Connecticut USA; Keith Steenlage, Assistant General Counsel, Law Department, Deere & Co., Moline, Illinois USA IADC Mobile Meetings Site When onsite, get the most up-to-date Midyear Meeting information on our mobile meetings site: 9

12 Programs 10 Tuesday, February 12 continued 10:00 a.m. - 11:30 a.m. Major CLE The ipad Litigator- Using Tablet Technology Effectively in the Courtroom and the Office Sponsors: Technology and Trial Techniques and Tactics Committees No longer can lawyers be technology illiterate. ipads and similar devices have rapidly become a standard component of law practice, especially for trial attorneys. Lawyers are increasingly using these devices to communicate, collect and organize information, to prepare for or present evidence at trial, or otherwise enhance the practice of law. Walt Sinclair and Adam Bloomberg will demonstrate how several of the more than 200,000 existing applications can assist a defense lawyer during hearings, trials, and client meetings. This program will discuss how to run your existing firm s PC applications and programs on your ipad or tablet. Moreover, it will address security issues and considerations associated with the use of cloud-based applications on an ipad or tablet. This program will be beneficial both for lawyers who currently use ipads or tablets and for lawyers who do not have one, but are contemplating the use of such a device. Moderator: Alex J. Hagan, Ellis & Winters, Cary, North Carolina USA Speakers: Adam Bloomberg, Managing Director Trial Technology Services, Litigation Insights, Dallas, Texas; J. Walter Sinclair, Stoel Rives LLP, Boise, Idaho USA 10:00 a.m. - 11:30 a.m. Major CLE Understanding International Labor and Employment Policy: A Primer for Multinational Employers Operating in a Global Economy Sponsors: Employment Law, Corporate Counsel, Diversity and International Committees Given the increasing globalization of the international economy as well as the ever expanding reach of corporations across multiple jurisdictions, corporate counsel and their outside attorneys are confronted daily with new issues related to managing labor and employment matters across national borders. This program explores the developing trends across the United States, Europe and Japan in class actions for wage and discrimination claims; the changing role of unions, industry unions, and work councils outside of the United States; and the impact of social media in the work force and how employers are addressing social media and privacy issues in the work place. Moderator: Emmanuèle Lutfalla, SCP Soulie & Coste- Floret, Paris, France; Eve Masinter, Breazeale, Sachse & Wilson, L.L.P., New Orleans, Louisiana USA Speakers: Noriko Higashizawa, City-Yuwa Partners, Tokyo, Japan; Aldos Vance, Altec, Inc., Birmingham, Alabama USA; Gerlind Wisskirchen, CMS Hasche Sigle, Cologne, Germany 4:00-5:00 p.m. Toxic and Hazardous Substances Litigation Business Meeting Diversity Committee Business Meeting and Presentation - Judge Abdul Karim Kallon Judge Abdul Kallon will share his perspective on the importance of diversity in the profession and early lessons learned from the bench. Judge Kallon, a federal district judge for the Northern District of Alabama, was born in Sierra Leone and immigrated to the U.S., where he became a citizen. He earned his bachelor s degree from Dartmouth College in 1990, and his J.D. from the University of Pennsylvania Law School in He served as a law clerk to the Honorable U. W. Clemon in the Northern District of Alabama, whose seat he was appointed upon Judge Clemon s retirement. He was nominated by President Obama and was sworn in on January 7, Prior to his appointment, Judge Kallon was a member of Bradley Arant Boult Cummings, practicing labor and employment law. He received a rating of well-qualified from a majority of the ABA and his judicial nomination was supported by both the defense and plaintiff s bar. *This program is not eligible for CLE credit. Speaker: Judge Abdul Karim Kallon, United States District Court for the Northern District of Alabama, Birmingham, Alabama USA

13 Programs 7:30-8:30 a.m. Wednesday, February 13 White Collar Defense and Investigations Business Meeting Technology Committee Cyber-Sleuthing: Using the Internet for Investigative Purposes, and Investigating Sources of False or Defamatory Internet Information The Internet is an invaluable resource for attorneys and individuals searching for information on events or people. However, in the absence of effective regulations to verify information disseminated freely online, it also can be the quick path to reputation ruin. Many companies and individuals find themselves the subject of false or misleading information promulgated by those they do not know and cannot readily confront. This program will highlight the impact of cyber-misinformation on companies and individuals, and some resources that exist to help counter its detrimental effects. This program will also highlight effective Internet and web-based tools to investigate events, witnesses or experts. Speaker: Bruce C. Anderson, Cyber Investigation Services LLC, Valrico, Florida USA Insurance and Reinsurance Construction Defect Coverate Redux: Additional Insureds, Trigger of Coverage and other Emerging Issues This is the second of a two-part series on emerging issues in construction defect coverage litigation. This presentation will focus on additional issues facing insurers and construction litigators. In many cases, the underlying faulty workmanship in construction litigation spans multiple years and involve numerous parties. In turn, insurers and policyholders must address important threshold legal questions such as when policies are triggered, coverage for additional insureds and allocation among multiple defendants. Recent court decisions in these areas have produced disparate results depending on the jurisdiction and the insurance policy forms at issue. An expert panel will discuss the various approaches courts have taken on these cornerstone coverage topics. Speakers: Michael A. Hamilton, Nelson, Levine, de Luca & Hamilton, LLC, Blue Bell, Pennsylvania USA; Kathleen J. Maus, Butler Pappas, Tallahassee, Florida USA Environmental and Energy Law Wind Power and Nuisance Litigation In an age when alternative or renewable energy sources are in high demand by the public, wind farms have become part of the equation in meeting energy needs worldwide. Though applauded by many, wind farm development has also been met with opposition, and targeted in nuisance claims. As wind farms continue to develop, more litigation will ensue. This program is a basic primer in wind farm litigation and will introduce you to wind farm components and the types of nuisance claims that have been asserted in recent cases. Speakers: Jeromy E. Brown, Frailey, Chaffin, Cordell, Perryman, Sterkel, McCalla & Brown, Chickasha, Oklahoma USA; Rebecca Jo Reser, Davidson Troilo Ream & Garza, San Antonio, Texas USA; Randall Tharp, Wind Energy Specialist, Canadian Valley Technology Center, El Reno, Oklahoma USA 11

14 Programs 12 Wednesday, February 13 continued 7:30-8:30 a.m. Professional Liability/Insurance Executives PLR Redux: Attorney Liability to Non-Clients Although an attorney-client relationship is an essential element of most claims against lawyers, attorneys may face civil liability to non-clients in several well-recognized situations. This program will focus on the potential exposure lawyers face to non-clients for fraud, fraudulent transfers, and aiding and abetting the alleged wrongful conduct of their clients. This engaging program was originally presented at the IADC Professional Liability Roundtable in Chicago in May *This program is eligible for Ethics/Professional Responsibility CLE credit. Speakers: Mark Krueger, Claim Supervisor, Minnesota Lawyers Mutual, Minneapolis, Minnesota USA; Paul C. Peterson, Lind Jensen Sullivan & Peterson P.A., Minneapolis, Minnesota USA 8:45-10:15 a.m. Major CLE Dinosaur to Avatar - Social Media Ethics, Discovery, Investigation and Trial Sponsor: Insurance and Reinsurance Committee Today s lawyer faces a flood of information and almost inexhaustible number of social media outlets. The key is to understand how to filter the nonsense and focus on the truly relevant - all while staying within ethical boundaries. This session brings together a panel of distinguished law school faculty, judiciary, and lawyers who all have acute acumen utilizing social media to its full potential in the practice of law. The discussion will span from claims investigation and discovery to effective social media use at trial to ethical constraints. Attendees will walk away more confident in embracing social media in their own practice. *This program is eligible for ethics credit. Speakers: John G. Browning, Lewis Brisbois Bisgaard & Smith LLP, Dallas, Texas USA; Daniel W. Gerber, Goldberg Segalla LLP, Buffalo, New York USA; January Jacobowitz, Director, Professional Responsibility and Ethics Program at the University of Miami School of Law, Miami, Florida USA; Honorable Gena Slaughter, Presiding Judge, 191st Civil District Court, Dallas, Texas USA 8:45-10:15 a.m. Major CLE Innovative Techniques for Effectively Defending Damage Claims in High-Stakes Litigation Sponsors: Medical Defense and Health Law, Environmental and Energy Law, Product Liability, Business Litigation, and Trial Techniques and Tactics Committees We have all seen it before - a hotly contested business dispute or lapse in judgment leading to an accident, followed by an enormous financial loss, property damage, or catastrophically injured plaintiff seeking millions in economic damages. That claim will be supported by the plaintiff s medical expert, life care planner and/or economist presenting a grossly inflated damages claim. How do you evaluate and attack each element of that damages claim and effectively cross-examine life care planners and economic experts? This program will discuss innovative strategies for evaluating the plaintiff s economic loss claims, obtaining data to attack those claims, and effectively using defense experts to identify areas of weakness in plaintiff s experts opinions, develop your defenses, and defend the claim at trial. The program will include mock cross-examinations of expert witnesses and will have broad-based application to commercial and personal injury litigation. Speakers: Thomas A. Barocci, Ph.D., T.A.B. Associates, Inc., Boston, Massachusetts USA; Jennifer Haltom Doan, Haltom & Doan, Texarkana, Texas USA; Kurt B. Gerstner, Campbell Campbell Edwards & Conroy, Boston, Massachusetts USA 10:30 a.m. - 12:00 p.m. Major CLE/Special Interest Are We a Nation of Cheaters? - David Callahan For a full description on David Callahan and his talk, see page 3.

15 Social Events and Highlights Welcome to Boca Raton Reception Saturday, February 9, 6:00-7:30 p.m. Join us at the resort s Garden Pool overlooking the intracoastal waterway for beverages and light hors d oeuvres. It will be a wonderful way to kick off our meeting in Boca Raton and to connect with all of your friends and colleagues. Before arriving onsite, be sure to make any dinner reservations for this evening as Saturday nights are very busy for area restaurants. (Resort casual attire. Dependent on the weather, this event will be held outside so please dress appropriately.) Sponsored By SEA, Limited International Committee Wine Tasting Program and Reception Sunday, February 10, 4:00-6:00 p.m. Please join the International Committee for an afternoon panel discussion followed by a wine tasting and networking reception. U.S. and international attendees alike will benefit from an interesting presentation on the use of trial graphics in a landmark case in Canada won by IADC member Gord McKee. For more information on the panel discussion, please see page 5. Afterward, attendees will gather to network and mingle while sampling wines from different countries. The CLE Session from 4:00-5:00 p.m. is open to all attendees, but advanced registration is required for the reception at 5:00 p.m.; cost is $30.00 USD per person. Copacabana Theme Party Monday, February 11, 6:30-10:00 p.m. Join us for a hot night in Havana! Test your salsa moves on the dance floor to the sounds of one of the area s best Latin bands and savor the flavors of this island country at our delectable Cuban buffet and mojito bar. Comfortable and casual Latin attire - guayabera shirts, also known as Mexican wedding shirts, for men and brightly colored dresses or similar for women. Mardi Gras Reception and Gala Wednesday, February 13, 6:30 (Reception), 7:30-11:00 (Gala) IADC President and New Orleans native Quentin Urquhart, along with his wife Anne, invite you to celebrate Mardi Gras in true New Orleans style! The Gala will be transformed into one of New Orleans ultra-exclusive Mardi Gras Balls. No social climbing needed though - we re all aristocrats for the night as we enjoy one last hurrah before the Lenten season begins! Enjoy fine New Orleans dining, great music, and dancing at what is sure to be a memorable event! (Black tie and formal attire requested. Mardi Gras masks encouraged but not required. Beads, lots of beads, will be provided.) Meet and Greet/Grab and Go Breakfasts Sunday through Wednesday mornings, 7:00-9:00 a.m. Join fellow attendees for a breakfast buffet each morning to network, discuss ideas or plan your day. There will also be Grab and Go Breakfasts available outside the CLE meeting rooms. The breakfasts are open to all registered attendees. Please wear your name badge to all IADC events. Meet and Greet Breakfasts Sponsored By Thomas G. Oakes Associates Member Mix and Mingles Sunday, February 10 and Tuesday, February 12, 5:00-6:30 p.m. Meet up with friends at the Palm Court at the Boca Raton Resort and Club before going out for the evening at these cash bar receptions. First Timers Introductions and Reception Saturday, February 9 Introductions: 4:30-5:30 p.m. Reception: 5:30 p.m. The First Timer program is for all IADC members and their guests who have never attended a Midyear or Annual Meeting. At this introduction, you will learn more about the IADC and the Midyear Meeting. You will also meet other First Timers and their Hosts, so throughout the week you will see familiar faces. 13

16 Social Events and Highlights After Dinner Gatherings Saturday, February 9, Sunday, February 10, and Tuesday, February 12, 10:00-11:30 p.m. Wrap up your evening with a nightcap and camaraderie at the After Dinner Gatherings held exclusively for IADC attendees. On Saturday evening, IADC President Quentin Urquhart invites you to the Presidential Suite on the 26th floor of the hotel s tower for the After Dinner Gathering. Sunday and Tuesday s After Dinner Gatherings will be held in the hotel at the Palm Court. Beer, house wine, and non-alcoholic drinks are complimentary with your meeting name badge. Sponsored By Altep, Inc. Morning Run and Walk Saturday through Wednesday, Morning Run: 6:30 a.m. Morning Walk: 7:30 a.m. Get the blood pumping in the morning and get to know other attendees at the same time! Whether you run or walk, there is time each morning for you to get moving before the day s activities. Thank you to the Morning Walk Chairs Garden Blincow, Ann Waris, and Diana Crim and Morning Run Chairs Alex Hagan and Tim Fischer. Book Review: The Immortal Life of Henrietta Lacks by Rebecca Skloot Monday, February 11, 11:00 a.m. - 12:15 p.m. Her name was Henrietta Lacks, but scientists know her as HeLa. She was a poor black tobacco farmer whose cells - taken without her knowledge in became one of the most important tools in medicine, vital for developing the polio vaccine, cloning, gene mapping, in vitro fertilization, and more. Henrietta s cells have been bought and sold by the billions, yet she remains virtually unknown. All attendees are welcome to join what is sure to be a riveting disscusion of the collision between ethics, race, and medicine; of scientific discovery and faith healing; and of a daughter consumed with questions about the mother she never knew. Thank you to the Book Review Chair Laurel Rosenberg. Dine Around Tuesday, February 12 The IADC invites attendees to dine together at some of the area s best restaurants. A list of participating restaurants and sign-up sheets will be available onsite at the IADC Information Desk. Spots will be filled on a first come, first served basis. All costs associated with dinner as well as transportation to/from the restaurants will be the attendee s responsibility. This is an opportunity to enjoy a night out with old friends while making new ones in the process! 14 Afternoon Bike Ride Sunday, February 10, 1:30 p.m. Led by avid bicyclist and IADC member, David Rosenberg, join others on this afternoon road ride. This ride is for experienced road riders, will cover miles, and will last two to three hours. If you plan to participate and bring your own bike, please note that helmets are required. If you are interested but will need to rent a bike and helmet, please contact Rebecca Zurcher at rzurcher@iadclaw.org. Road bike rentals are limited, especially during high season in Boca Raton, so please get your request in early. Costs associated with bike and helmet rentals will be the individual s responsibility.

17 Golf Golf Immerse yourself in the rich history and tradition of one of the finest golf resorts in Florida. Dating back to the times when PGA professionals Sam Snead and Tommy Amour held positions on staff, this exclusive golf resort has always sought to offer a unique, exclusive and luxurious year-round golf experience. Delight in the beautifully maintained links delivering the perfect blend of history, amenities, luxuries and challenges for your next golf vacation in Florida. The Resort Course par 71; 6,253 yards; slope 128; 12 water hazards, including a signature water feature designed by Hugh Hughes; fully stocked pro shop; practice facilities. The Country Club Course par 72; 6,714 yards; slope 130; signature 18th hole island green; fully stocked pro shop; practice facilities. Boca Raton Resort & Club Golf Academy featuring the Dave Pelz Scoring Game School. The Boca Raton Resort & Club golf course has received certification in Environmental Planning from the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP), an international program administered by Audubon International designed to help landowners preserve and enhance the environmental quality of their property. Ryder Cup Golf Tournament Sunday, February 10, 12:30 p.m. The Resort Course The registration fee is $ USD per person and includes green fees, boxed lunch, bottled waters, prizes and tournament costs. Thank you to Golf Tournament Chairs Joe Roper and Steve Vescovo. Sponsored By Exponent Couples Golf Event Monday, February 11, 12:50 p.m. The Resort Course The registration fee is $ USD per person and includes green fees, boxed lunch, bottled waters, prizes and tournament costs. Thank you to Couples Golf Event Chairs Roger and Cathy Perkins. For those interested in playing other courses in the area, go to for information on nearby golf courses and to arrange individual tee times. To make individual tee times, please contact the resort s Golf Tee Time Office at

18 Tennis and Croquet Tennis Named #5 of The 50 Greatest Tennis Resorts in the United States in 2011 by Tennis Magazine the Boca Raton Resort & Club sets the standard for tennis in South Florida. Featuring a world class tennis center and one of the finest teaching programs in the region, the Resort is a premier destination for players of all types and abilities. State-of-the-art Tennis & Fitness Center regularly listed by Tennis Magazine as one of the top tennis programs in the country. Evert Adult and Junior Academy The only resortaffiliated Evert Tennis Academy in the country. 30 clay-based courts including 18 Hydro-Grid Courts at Boca Raton Resort & Club to maintain a consistent level of moisture, ensuring both optimum playability and a more physically forgiving surface. Instruction, camps, events, and an innovative program of daily clinics, camps, one-on-one lessons and fitness training. Tennis Concierge to assist players looking for a competitor at their respective skill levels. Two-story Mizner-style Tennis Clubhouse with viewing deck, offering the ideal setting for relaxation between matches. To book individual court times, please contact the Boca Raton Resort and Club Tennis Center at Tennis Mixer Sunday, February 10, 1:30-3:30 p.m. Boca Raton Resort and Club Tennis Center Sign-up for informal and fun play! All levels welcome. The registration fee is $25.00 USD per person and includes court fees, balls and refreshments. Thank you to Tennis Chairs Jeff and Ann Winkler. Tennis Clinic Monday, February 11, 1:30-3:30 p.m. Boca Raton Resort and Club Tennis Center Looking for general pointers or specific instruction in order to fine-tune your game? Looking to tune up your game for Tuesday s Tennis Tournament? Then sign up for this two-hour clinic with the resort s top-rated pros. All skill levels welcome. The registration fee is $85.00 USD per person and includes professional instruction, court fees, balls, and refreshments. Thank you to Tennis Chairs Jeff and Ann Winkler. Men s and Women s Tennis Tournaments Tuesday, February 12, 1:00-4:00 p.m. Boca Raton Resort and Club Tennis Center Test your tennis mettle against other meeting attendees in our men s and women s tournaments. The registration fee is $45.00 USD per person and includes court fees, balls, refreshments, prizes and tournament fees. Thank you to Tennis Chairs Jeff and Ann Winkler. Croquet Monday, February 11, 1:30-3:30 p.m. Enjoy the fine art of this centuries-old game onsite at the resort. Attendees are invited to participate in this fun and informal tournament or can watch from the sidelines as spectators. Those choosing to participate are encouraged to dress in white. Thank you to our Croquet Chairs Carl and Valerie Aveni. 16

19 Tours International Polo Club Match Sunday, February 10, 1:30-5:30 p.m. Spend the afternoon attending a polo match at the worldrenowned International Polo Club Palm Beach. This is a fabulous opportunity for attendees to experience something new and to be a part of a tradition that in many ways defines this region of Florida. The registration fee is $ USD per person and includes roundtrip transportation and admission to the polo match with center seating. Any food and beverages purchased at the match will be the individual s responsibility. Everglades Airboat Tour Monday, February 11, 1:00-5:00 p.m. Experience Florida s River of Grass and expansive wilderness area of unmatched beauty that encompasses over 2,500 square miles of South Florida. View the wonders of nature as you glide through Sawgrass in one of the world s largest airboats. Your guide will discuss the ecological wonders that you will see such as alligators, turtles, exotic birds, and the $8.6 billion dollar Federal Government Everglades Restoration Project. The registration fee is $95.00 USD per person and includes roundtrip transportation, boat fees, bottled waters, and a professional guide. Downtown Boca Raton: Mizner Park Shuttle Tuesday, February 12, See Schedule Below For Times Downtown Boca s eclectic blend of boutiques, galleries, furniture and design studios, gourmet markets and celebrated fashion retailers provide the perfect atmosphere for shopping and strolling all day long. This shuttle is complimentary to all IADC attendees and guests. No advance reservations required. Please arrive at the pick-up points a few minutes before the scheduled departure of your choice. Downtown Boca Raton Mizner Park Shuttle Schedule Depart Resort: 10:00 a.m./11:00 a.m./12:00 p.m./1:00 p.m./ 2:00 p.m./3:00 p.m./4:00 p.m. Depart Downtown: 10:30 a.m./11:30 a.m./12:30 p.m./ 1:30 p.m./2:30 p.m./3:30 p.m./4:30 p.m. (last shuttle) Sushi - Roll It Like a Pro! Tuesday, February 12, 1:00-3:00 p.m. Come join us for this fun event where each guest will prepare and roll their individual sushi entrée and learn correct sushi etiquette and terminology. This demonstration and tasting includes a complete four course lunch menu of Japanese Salad with Ginger Dressing, made to order Miso Soup, hands-on preparation of California, Vegetable, and Spice Tuna Rolls, and Japanese Egg Kasutera for dessert. The registration fee is $95.00 USD per person and includes lunch, a sample taste of sake, a menu recipe booklet, and hands on instruction. The Palm Beach and Worth Avenue Tour Wednesday, February 13, 1:00-5:00 p.m. The Palm Beach Tour will introduce you to the lifestyle of the Rich and Famous on the exclusive island of Palm Beach. A professional guide will share the history of Palm Beach, as well as the secrets and details about those that live behind the manicured hedges of its lavish oceanfront estates. The commentary includes information about its famous residents. Guests will also browse the world famous shops and galleries of Worth which now boasts more than 200 shops offering everything from world-class designer jewelry and clothing to internationally acclaimed paintings and antiques. The registration fee is $60.00 USD per person and includes roundtrip transportation and a professional guide. Neighborhood and Parks Bicycle Tour Wednesday, February 13, 1:30-3:30 p.m. Take a leisurely ride around some of the neighborhood areas surrounding the Boca Resort. You will travel along A1A to Spanish River Park and to the Gumbo Limbo Nature Center. In the parks you will see native plants and trees and pristine natural areas with mangroves. Along the way you will pedal by multi-million dollar homes and view the Intracoastal waterway to get a feel for the Boca Raton lifestyle. Thanks to Biking Chair Carol Barbour for assisting with this tour. The registration fee is $85.00 USD per person and includes quality hybrid or mountain bikes, helmets, and a tour guide. If you are interested in participating in a tour, please register early as space is limited. 17

20 Boca Raton Activities Featuring an extensive array of entertaining pursuits, Boca Raton Resort & Club offers convenient access to the most entertaining excursions and sites in the area. Pool The Tower Pool at the Main Resort and the Pool Oasis at the Beach Club are the perfect spots for relaxing, sunning, swimming, and fun. Cabana rentals along with a full service lunch menu, exotic drinks, and refreshments ensure a day of enjoyment. Sand and Sea Get some sand between your toes with a game of beach volleyball or corn hole/bags along the resort s half-mile stretch of sandy beach. Whatever your speed, the ocean beckons with an exhilarating ride on a standup paddle board or an ocean kayak. Beach Club Cabanas Overlooking the pool deck and the ocean beyond, these cabanas are ideal for those who desire the ultimate in comfort, privacy, and luxury. Available for daily rental, cabanas are furnished with bathroom and shower, secure storage, refrigerators, padded loungers and umbrellas. Fishing and Boating Close proximity to the Gulf Stream and a 32-slip marina makes the Boca Raton Resort and Club a boater s paradise and a deep-sea fisherman s dream. The resort s marina offers motorboats, sailboats and more available for charters. Tower Pool Cabanas The poolside cabanas include welcome champagne, fresh tropical fruit, two chaise lounge chairs, umbrella, television, refrigerator and bottled water. Power Boat and Waverunner Rentals Ride-A-Wave offers rentals of 19 and 21 Sea Ray power boats and a selection of Yamaha waverunners. Captains available for charter. Parasailing Fly like a bird as you enjoy spectacular views from high above the Atlantic. As you re hoisted high in the sky nearly 800 feet, this adventurous sport is the perfect chance to ride the wind. Please contact the resort s concierge at for more information on any of these amenities and activities. 18