West Coast Casualty s. Construction Defect Seminar May 14 th and 15 th, 2015

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1 West Coast Casualty s Construction Defect Seminar May 14 th and 15 th, West Magic Way, Anaheim, California Since America s Largest... America s Favorite... America s Best... Construction Defect Event!!!

2 Coral Stern, AIC President West Coast Casualty Service, Inc. Dear Friends and Colleagues, Since 1993, the West Coast Casualty Construction Defect Seminar has become an institution, a staple and a landmark for construction defect issues across the globe and the only reason we have achieved that status is because we concentrate our efforts on the most important people in this community, the attendees of our yearly events. Over the past years, we dedicated a lot of time to listening to those we serve at our seminars and we prepared our events with the ideas, suggestions and goals of the attendees in mind. Toward that end, we have made numerous changes in this year s event which started with our questionnaire process that took place in late September 2014 and which will culminate with the seminar itself. While the total of amount of construction defect cases filed in the West are going down, there are more trials taking place than ever before, there continues to be more Appellate cases being decided than ever before and construction defect cases in the central and eastern portion of the country are increasing in tremendous numbers. At the time of the printing of this invitation, we have seen numerous changes taking place, many of which our speakers will discuss at our 2015 seminar and some of them will be discussed for the very first time. As you go through this invitation, click on the interactive links to see what others have said about our event and get a taste of one of our prior sessions that make our seminar so nationally and internationally famous. The theme of our 22 nd annual construction defect seminar will be Why Doing It Like We Always Did It Won t Do Anymore and while it was first developed over two years ago, we have been updating it based on what those who responded to our surveys told us was important to them. You will see many of the topics which make up our event surround our central theme but you will also see many important topics of interest and topics on the emerging trends of this specialized area of claims and law whether they meet our theme or not. While no one can say with absolute certainty what the future will bring in this area of specialized claims and litigation, one thing is certain and we continue to believe that through the contribution of information and educational exchange by all members of this community, we all benefit. Working together, we ll reduce the cost, effort and frustration in this ever-expanding specialized area of claims handling. So whether you are a returning attendee or someone who has never attended our yearly event before, I urge you to review these materials and I am sure you will find a topic of interest that meets your specific need. We re looking forward to an educational, enjoyable and memorable seminar event and I look forward to seeing you in Anaheim on May 14 th and 15 th, Very truly yours, West Coast Casualty Service, Inc. Coral Stern, AIC President 2

3 The Topics and Speakers Committee of West Coast Casualty s 2015 Construction Defect Seminar Linda Tonkovich Gallagher Bassett Committee Chair Ross W. Feinberg, Esq. Glenn Barger, Esq. Cynthia Castro Mediator JAMS Chapman, Glucksman, RSUI Group Dean, Roeb and Barger Phyllis Modlin Kenneth Kasdan, Esq. Bruce Wick Markel Kasdan, Weber, California Professional Association Turner, LLP of Specialty Contractors 3

4 While we want you to know about our seminar it s more important to see what others say about our seminar Matt Argue on West Coast Casualty's Benefits to Attendees https://www.youtube.com/watch?v=-4aotbozwac Gary Baumann Explains New Trends for Construction Defect Litigation https://www.youtube.com/watch?v=yrrh2ifkfry Interview of Michael Ruetz https://www.youtube.com/watch?v=huuekulyz1e Interview of Mark Bourassa https://www.youtube.com/watch?v=5oeiypudi58 Current Inefficiency of Construction Defect Litigation Jim Kurkhill https://www.youtube.com/watch?v=moqfnhwu5es Interview of Jim Orland https://www.youtube.com/watch?v=a4_5nlrsiau Rick Righi on WCC's Takeaways for the Construction Industry https://www.youtube.com/watch?v=3g4_ts0xrpg Get an idea about a session previously held at our event, right from your seat... right now! Value Engineered-Alternative Dispute Resolution by Ed Martinet https://www.youtube.com/watch?v=jh7h0yca_ce A New Business Model for Construction Defect Litigation https://www.youtube.com/watch?v=nxu-kexyhdg Videos supplied to West Coast Casualty s Construction Defect Seminar as a courtesy by 4

5 Another First New Feature! West Coast Casualty s Another First New Feature! Construction Defect Seminars May 14 th and 15 th, 2015 Yep... there s an App for that now... Why is our new interactive app the most useful to our attendees? Because it gives you everything you need but allows you to choose what you want.... Our Construction Defect Seminar Mobile App has been designed to enhance your overall seminar experience and once you are registered, it enables you to: Easily access important event information, such as: o A complete schedule of events (breakouts, keynotes, meals, expo hours etc.) o Speaker information o Product information o Sponsor details o Interactive floor plans and Disneyland Hotel venue maps o For registered attendees only: access to session presentations - Share your event experience with others by checking in to sessions, meeting areas, and sponsor booths. - See what is most popular with your fellow attendees. - Expand your professional network and have fun! The App provides an easy way to connect with fellow attendees, and sponsors during the event but only if you want too. - Respond to general event surveys. - Rate general sessions and speakers. - Receive reminders of upcoming sessions. - Get notifications with the latest news and updates. Our Mobile App is available for iphone/ipad, Android and HTML5 for Blackberry. Once you have downloaded the App and accessed it the first time, you will still have access to your event content, with or without a WiFi or cellular internet connection. So bring your own device and you ll find plenty of charging stations, compliments of your host 5

6 S E M I N A R S C H E D U L E Wednesday, May 13 th, 2015 Early Seminar Registration 5:00 PM 6:30 PM Thursday, May 14 th, 2015 Registration and Breakfast - 7:30 AM - 8:30 AM Breakfast Sponsored by 8:30 AM 8:40 AM Welcome Remarks 8:30 AM 9:30 AM Recent California, Arizona and Nevada Court Decisions that Impact Construction Litigation and Defect Claims Thomas L. Halliwell, Esq. and Barry Vaughan, Esq. 9:30 AM 10:30 AM Peeling Another Layer of the Onion: Are You Crying or Savoring the Sweet Taste of Consent Judgments Elizabeth S. Fitch, Esq., Mark Scheer, Esq., Ken Kasdan, Esq., Karen Rice and Lee Wright 10:30 AM 10:45 AM Morning Break Morning Break Sponsored by 10:45 AM - 11:45 AM The Elephant in the Room: How to Ethically Navigate Litigation and Billing Guidelines Jeffrey Kramer, Esq., Adrienne Cohen Esq., Lisa Unger, Steve Lokus, Robert Mann, Esq. and David Stern 11:45 AM 12:00 PM Ollie and Legends Awards Presentation 12:00 PM - 1:30 PM Lunch (Seminar Registration Will be Closed During Lunch) 6

7 S E M I N A R S C H E D U L E Thursday, May 14 th, :30 PM 2:30 PM Why Doing It Like We Always Did It Won t Do Anymore Stephen Henning, Esq., Mary Rowe, Ted Bumgardner, and Jim Kurkhill, Esq. 2:30 PM 3:30 PM "Conflicts in CD Litigation: Walking on a Tightrope" Tom Lincoln, Esq., Andrew McCloskey, Esq., Karl Sorenson, Esq., Craig Meredith, Esq. and John Thompson. 3:30 PM 4:00 PM Afternoon Break Afternoon Break Sponsored by 4:00 PM - 5:00 PM Risk Transfer Everything But The Defects, Part 2 : Overcoming AI and Crawford Obstacles to Settlement Brian Kahn, Esq., Ramie Morales, Esq., Mathew Adler, Keith Koeller, Esq. and Ross Hart, Esq. 5:00 PM 6:00 PM Cocktail Reception Proudly sponsored by 7

8 S E M I N A R S C H E D U L E Friday, May 15 th, :30AM - 8:30AM Registration and Breakfast Breakfast Sponsored by Grand Ballroom South Ballroom 8:30 AM 9:30 AM 8:30 AM 9:30 AM What s wrong with the CMO/PTO process Michael Kennedy, Esq., Brian M. Sanders, Esq., James Rzepecki, Matthew Hawk, Esq., and Katherine Gallo, Esq. Guardians of the Subcontractor Galaxy Rick Seely, Esq., La Tonya Darby, Mark Collinsworth, Esq. and Sean Paden, Esq. Grand Ballroom South Ballroom 9:30 AM 10:30 AM 9:30 AM 10:30 AM 'Back to the Future with the Joint Defense Agreement - How to Use it to Benefit Everyone Wendy Wilcox, Esq. Glenn Barger, Esq., Eric Michna, Lisa Unger, Robert Friedenberg, Esq. and Dale Winchell Advanced Communication Systems for Attorneys and Adjusters Linda Northrup, Esq., Jillisa O Brien, Esq., Marisa Helmich, Katherine James and Janet Rubin Fields, Esq. Grand Ballroom 10:30 AM 11:00 AM Morning Break South Ballroom 11:00 AM 12:00 PM 11:00 AM 12:00 PM Coverage Tail Wagging the CD Dog? Strategies for Handling Coverage Issues in Mediation Holly Harvey, Esq., Bruce G. Alexander, Esq., Rachel K. Ehrlich, Esq., Adrienne D. Cohen, Esq. and Mark A. Boyle, Esq. Grand Ballroom An Update on Privacy Protection Act (Ins. Code ), SIR s, and Indemnity Provisions Bob Closson, Esq., Gary Barrera, Esq., John Mcleod, Esq., Bruce Wick, Traci S. Lagasse, Esq. and Jean Fisher, Esq. South Ballroom 12:00 PM 1:00 PM 12:00 PM 1:00 PM Florida: Life in an Ever-Changing World Joe Miele, Esq., Ronald Kammer, Esq., Craig Meredith, Esq. and James N. Welsh, Esq. Exploring the Legal Landscape for Design Professional in a Post-Beacon World William Peters, Esq., Dan Rottinghaus, Esq. and Scott Finch 8

9 We re Counting on You!!! Robert Bellagamba, Esq. Craig Meredith, Esq. Linda Tonkovitch Wendy Wilcox, Esq. Mediator Mediator Claim Manager Defense Counsel Castle & Dekker JAMS Gallagher Bassett Skane Wilcox, LLP Please take a moment of your busy day to help us select who is deserving of this year s Ollie Whether you are coming to the seminar or not Don t forget to vote for the Ollie Details on Page 31 Internet Café for West Coast Casualty s Construction Defect Seminar proudly sponsored by 9

10 Seminar Speakers Matthew Adler, Senior Claims Consultant XL Group, Los Angeles, CA Matthew Adler is currently with XL Group, a worldwide group of insurance companies and he works out of the Los Angeles office as a senior claims consultant. At XL, Mr. Adler handles a variety of claims including excess, reinsurance and wrap programs involving commercial and residential construction. Mr. Adler was previously with OneBeacon and handled construction defect claims and coverage actions of all types, exposures and jurisdictions across the United States. Mr. Adler s prior work history includes many years at The St. Paul/Travelers and The Zenith Insurance Companies. In addition to the construction field, his experience includes general liability, SIU and Workers Compensation. He currently serves as the President of the Construction Defect Claim Managers Association (CDCMA). Mr. Adler is a frequent speaker at the West Coast Casualty Construction Defect Seminar series on a variety of claims related subjects. Mr. Adler earned his bachelor degree from Pitzer College and is proud to serve as an executive board member of a local theater group, The Production Company. Bruce Alexander, Esq. Partner Ciklin Lubitz Martens & O Connell, West Palm Beach, FL Bruce Alexander is an Equity Partner with Ciklin Lubitz Martens & O Connell, where he has practiced law since graduating from Case Western Reserve Law School in As of 2012, Mr. Alexander's practice is dedicated exclusively to serving as a Mediator and Arbitrator on construction related disputes on a full-time basis. He is Florida Bar Board Certified in Construction Law since 2005, and has been certified by the Florida Supreme Court as a Circuit mediator since Mr. Alexander attended Fettes College in Edinburgh, Scotland, before attending Brown University, where he received a BA in economics and business administration. Mr. Alexander's lecture topics have included delay damages, construction contracts, contractor licensing, construction lien law, construction insurance coverage, drafting and interpretation of A.I.A. contract documents and ADR. Mr. Alexander was also selected by the Florida Supreme Court to serve on the Florida Bar's Inaugural Committee for Construction Law Certification, and was appointed to serve as Chairperson of the Committee for the period Mr. Alexander served as an Adjunct Professor at the St. Thomas University School of Law, where he taught on the subject of Florida Construction Law for the years Mr. Alexander received the Legal Aid Society Pro Bono Construction Law Award in 2009, and was the recipient of the 2011 Lifetime Achievement Award by the Florida Bar Construction Law Committee for his recognition state wide in the area of Construction Law. Mr. Alexander is AV rated by Martindale Hubbell and has been designated as a Tier 1 level Construction Lawyer by Chambers USA every year since its publication debut. Glenn T. Barger, Esq. Partner Chapman Glucksman Dean Roeb & Barger Los Angeles, CA Mr. Barger is a partner at Chapman Glucksman Dean Roeb & Barger. He is currently the Vice- President for the Association of Southern California Defense Counsel, where he is also the Committee Chairperson for the Construction Practice Group and will serve as the President in He is also on the Litigation committee for the Los Angeles Bar Association and on the executive board for the California Defense Counsel. He is also a member of the Association of Defense Counsel of Northern California, the California Building Industry Association and is on the Speaker s & Topic s Committee for the annual West Coast Casualty Construction Defect Seminar. Mr. Barger has trial, arbitration, and mediation experience. He has the distinction of achieving the highest rating of AV by Martindale-Hubbell. He specializes in Construction Litigation, Environmental, Toxic and Hazardous Substance Litigation, Commercial/Business Litigation, General Negligence, Professional Liability and Complex, Multi-Party Litigation. Don t forget to visit our Sponsors and Vendors at the seminar or do it Right Now!!! Turn to pages 33 through 39 for a vendor listing and visit their websites for advanced news and special announcements about their products or services 10

11 Gary A. Barrera, Esq., Senior Counsel Nicolaides Fink Thorpe Michaelides Sullivan LLP, San Francisco, CA Gary A. Barrera is Senior Counsel with Nicolaides Fink Thorpe Michaelides Sullivan LLP in San Francisco, California. Mr. Barrera has over 15 years of experience handling and resolving insurance-related matters as both an attorney and claims professional. His current practice focuses on representing and advising insurers in resolving complex insurance coverage disputes, with an emphasis on construction defect claims. Mr. Barrera s prior experience also includes representing residential home builders and developers in construction defect litigation. Mr. Barrera received his B.A. degree from the University of San Francisco and his J.D. degree from Rutgers University School of Law. Mark A. Boyle, Esq. Partner Boyle, Gentile & Leonard, P.A., Fort Myers, FL Mark A. Boyle is currently a partner with the law firm of Boyle, Gentile & Leonard, P.A., located in Fort Myers, Florida. Mr. Boyle began his legal career working as an Assistant County Attorney for Pasco County in New Port Richey, Florida. Mr. Boyle began his foray into the world of insurance when he became associate general counsel for Armor Insurance Company in Tampa, Florida. In 1996, he entered into private practice with Fink & Lane, P.A., which is now known as Boyle, Gentile & Leonard, P.A. Mr. Boyle s current areas of practice include civil litigation, with a concentration in the handling of first and third party insurance disputes, including extra-contractual and bad faith matters. Mr. Boyle is a 1993 graduate from Stetson College of Law, located in St. Petersburg, Florida. In 1990, Mr. Boyle received a Bachelor of Arts in History and a Bachelor of Science in Natural Sciences from the University of South Florida. Ted Bumgardner, President Xpera Group, San Diego, CA Seminar Speakers Ted Bumgardner is president of Xpera Group, California s most comprehensive group of real estate advisors, construction consultants and forensic experts. Based in San Diego, the firm brings together leading professionals in the industry with expertise in virtually every facet of the development, design and construction of the built environment. Mr. Bumgardner holds a degree in Architectural Engineering from the University of Texas and has been designated as an expert witness in over 600 construction litigation cases on the topics of general contractor standard of care, construction management, cost estimating and scheduling delays. He is past president of the San Diego chapter of the Forensic Expert Witness Association, he is a founder and technical advisor to NoteVault, a technology company that provides automated project documentation and risk management services to the construction industry worldwide and is an adjunct professor at San Diego State University where he taught a graduate level course in Construction Management as a part of the Masters in Civil Engineering program. Robert V. Closson, Esq. Hirsch Closson, APLC, San Diego, CA Following graduation from law school in 1986, Mr. Closson initially served as a multi-lines claims representative with Travelers Companies in San Diego before entering private practice in For the past 25 years he has concentrated his AV rated practice almost exclusively in insurance coverage litigation and appeals, and the rendering of coverage opinions for insurers and insureds. His insurance practice has involved the property and casualty fields of commercial and personal lines policies with an emphasis on construction defect, intellectual property, business litigation and environmental claims. His clients have included insurers, risk retention groups, builders, subcontractors, and trade associations. Mr. Closson is admitted to practice before the California state courts and the U.S. District Courts for the Southern, Central and Northern Districts of California, the U.S. District Court for the District of Colorado, and the U.S. Ninth Circuit Court of Appeals. Mr. Closson lectures both locally and nationally. 11

12 Seminar Speakers Adrienne D. Cohen, Esq., Founder Law Offices of Adrienne D. Cohen, Santa Ana, CA Adrienne D. Cohen is the founder and principal of the Law Offices of Adrienne D. Cohen, a tenattorney firm with offices in Santa Ana and San Rafael, California. Ms. Cohen received her Juris Doctorate from the USC School of Law and her Bachelor of Arts in Political Science from UCLA. Ms. Cohen has represented major insurance companies and their insureds for over 20 years in the areas of insurance coverage and defense. Her office often represents subcontractors in construction defect litigation. Ms. Cohen is president of the William P. Gray Legion Lex Inn of Court. She has been an instructor in the UCI paralegal program, where she taught legal writing, ethics and insurance law. Ms. Cohen is AV Rated by Martindale-Hubbell and has been named a Southern California Super Lawyer. Ms. Cohen has tried several jury and court trials. She has argued and won many appeals, including those dealing with complex coverage issues, including Rosenbloom v. Hanour Corp., (1998) 66 Cal.App.4th 1477, Travelers v. Transcontinental (2004) 122 Cal.App.4th 949, Parkwoods Community Association v. California Insurance Guarantee Association (2006) 141 Cal.App.4th 1362, and Fort Bragg Unified School District v. Solano County Roofing Inc. (2011) 141 Cal.App.4th 891. Mark Collinsworth, Esq. Collinsworth, Specht, Calkins & Giampoli, LLP, San Diego, CA Mark Collinsworth has handled a variety of civil litigation matters over his 20+ year career, including construction defect (residential and commercial) cases, commercial landlord-tenant disputes, products liability, personal injury, and contract. Mr. Collinsworth s practice predominately includes the representation of residential homebuilders and commercial developers and general contractors. Mr. Collinsworth regularly deals with OCIP and Wrap insurance policies in his representation of residential and commercial builders. Mr. Collinsworth received his undergraduate degree from Occidental College and his J.D. from Loyola Law School in Los Angeles. He is a member of the California and Arizona bar, and has given several presentations to builders and insurance carriers regarding a variety of topics impacting construction litigation and arbitration. La Tonya Darby, Construction Defect Claims Manager Tristar Risk Management, Cranbury, NJ La Tonya Darby is a Claims Manager with Tristar Risk Management in Cranbury, New Jersey. Ms. Darby received her Bachelor of Arts degree from Georgetown University and she attended law school. She has over 22 years in the insurance industry, and she currently manages a group of claim adjusters who handle high exposure West Coast Construction Defect Claims involving large commercial developers, general contractors and subcontractors. Ms. Darby also provides training in a number of areas including coverage, effective claim handling, proper investigation, file documentation, effective negotiating, risk transfer, litigation management and reserving. She also assists the marketing team on developing new business. Ms. Darby was previously employed with Admiral Insurance Company as a Claims Superintendent for 12 years where she handled large high exposure construction defect and professional liability claims on a nationwide basis under primary, umbrella and excess policies. Ms. Darby was also a Settlement Master/Civil Case Manager for the Philadelphia Court of Common Pleas judiciary where she mediated cases on behalf of the judiciary to resolve the civil case backlog in the Day Forward Program. She has also held senior level and management positions at Philadelphia Insurance Company, Cigna Property and Casualty and St. Paul Insurance Company where she handled/oversaw high exposure commercial toxic tort, environmental and professional liability claims. Ms. Darby is the Director of Education for the South Jersey Chapter of CLM, and she is a regular speaker at various industry conferences. She is also an adjunct professor who teaches Composition and Research. Exhibit Hall Wi-Fi Proudly Sponsored by 12

13 Seminar Speakers Rachel K. Ehrlich, Esq. Principal Ehrlich Mediation & Dispute Resolution Services, Oakland, CA Rachel Ehrlich is a national mediator specializing in complex civil disputes. She has particular expertise with insurance coverage disputes, bad faith cases, and matters in which insurance issues are a complicating factor. Prior to becoming a mediator, she spent 20 years gaining a nuanced understanding of civil disputes and the insurance industry as a casualty and coverage attorney, insurance claims person, underwriter, and executive. She has managed the resolution of tens of thousands of matters, brought in every state in the country. A full listing of insurance coverage and dispute types with which Ms. Ehrlich has experience may be found at her website She is a graduate of University of California, Hastings College of the Law (J.D. 1996) and the University of California at Santa Cruz (B.A. Politics 1990). She is admitted to practice before the US Supreme Court, the California Supreme Court, the US Courts of Appeal for the Ninth and Tenth Circuits, and the US District Courts of Northern California and Colorado. Jean Fisher, Esq. Associate General Counsel RiverStone Claims Management, San Diego, CA In October 2013, Jean became part of RiverStone Claims Management after the acquisition of American Safety Indemnity Company, where she continues to handle litigation against American Safety and other insurers. Jean Fisher joined American Safety in 2005, tasked with oversight of the construction defect claims handled primarily by third party administrators and establishing its positions on endorsements and coverage issues. In early 2006, she helped to train the San Diego claims office which handled all of American Safety s construction defect claims. When the construction claims were brought in-house, she transitioned to her role as internal claims counsel, in which she oversaw the lawsuits against American Safety entities throughout the U.S., assisted adjusters with complex coverage issues and also worked with underwriting on drafting of American Safety endorsements. Prior to joining American Safety, Ms. Fisher was a partner at the coverage law firm of Selman Breitman in California where she previously worked for eight years in both coverage and defense work. Since passing the California Bar in 1992, her practice has been primarily focused on insurance coverage and insurance defense claims, handling complex insurance lawsuits and successfully defending insureds through multiple trials. She started her career as in-house counsel at Golden Eagle Insurance, handling construction defect claims. Ms. Fisher obtained her Juris Doctorate in 1992 from the University of the Pacific, McGeorge School of Law in Sacramento. She earned her Bachelor of Arts from the University of California, San Diego. Gold Sponsorship for this event has been generously provided by 13

14 Elizabeth S. Fitch, Esq. Managing Member Righi Fitch Law Group, Phoenix AZ Elizabeth S. Fitch is the managing member of Righi Law Group. She is an AV rated trial lawyer with 25 years of insurance defense experience. Beth has defended multi-million dollar cases ranging from catastrophic injuries to construction defect. She has defended developers, general contractors, subcontractors, and all types of professionals from civil engineers to architects in both commercial and residential construction disputes. In 2014 she was recognized as one of Phoenix s top lawyers and again recognized as a Southwest Super Lawyer. She co-authored the Construction Defect chapter of the Arizona State Bar Tort Handbook and currently serves on the Executive Committee for the CLM School of Construction. Scott Finch, Claims Consultant XL Design Professional Seminar Speakers Mr. Finch is a claims consultant with XL Design professional. Prior to joining XLDP in 2011, Mr. Finch practiced law with the firm of Burnham Brown in Oakland, California primarily representing design professionals and contractors. Mr. Finch joined Burnham Brown in Mr. Finch currently handles claims venued throughout the United States, with most of his claims in the western states. Mr. Finch has a B.S. Degree in Political Science from California Polytechnic State University, San Luis Obispo. He obtained his law degree in 1978 from McGeorge School of Law, University of the Pacific. Robert Friedenberg, Esq. Friedenberg Mediation, San Diego, CA Robert Friedenberg has conducted hundreds of mediations and arbitration over the past 15 years since forming Friedenberg Mediation in He practices throughout California and the western states. Although the majority of his cases involve construction-related issues, Bob has also mediated extensively in other fields, including insurance and insurance bad faith, homeowner association matters, real estate, business disputes, employment, product liability, professional liability and civil rights. As a practicing lawyer Bob litigated and tried cases involving all of the issues with which he has mediation experience, with his main focus on construction defect and claims on all sides of the cases. Bob has spoken at many seminars involving construction defect litigation, and has been a speaker/participant at the last two West Coast Casualty Construction Defect Seminars. Bob is a proud Cal grad, who received his J.D. from UCLA School of Law in Katherine Gallo, Esq. Discovery Referee, Special Master, Mediator Foster City, CA Katherine Gallo is an expert in complex discovery issues, actively involved in Alternative Dispute Resolution (ADR) as a court-appointed Special Master, Discovery Referee and Private Mediator in Northern California since Ms. Gallo is known for her extensive discovery seminars, in house discovery training, and go-to blog on the discovery process. Since 2010, she has authored a blog on discovery titled "Resolving Discovery Disputes -- Using Discovery to Reach Evaluation, Mediation and Trial Goals". Ms. Gallo has served as a court appointed or party selected private Discovery Referee or Special Master in over 200 hotly litigated matters concerning business, construction defect (including lines and construction operations losses), insurance, employment (including wrongful termination, discrimination, harassment, and wage and hour claims), elder abuse, real property (including eminent domain, easements, and commissions), Lemon Law, personal injury and family law, many with multiple party litigants, including class actions. Well known to the judiciary, her court appointments in complex matters have come from the Superior Courts of Alameda, Contra Costa, Sacramento, San Benito, San Francisco, San Joaquin, Santa Clara, San Mateo, and Sonoma counties. Don t forget to vote for the Ollie Whether you are coming to the seminar or not... Details on Page 31 14

15 Seminar Speakers Thomas L. Halliwell, Esq. Senior Of Counsel Chapman, Glucksman, Dean, Roeb and Barger, LLP, Los Angeles, CA Thomas L. Halliwell is senior of counsel to the law firm of Chapman, Glucksman, Dean, Roeb & Barger in Los Angeles, California. He has a Martindale Hubbell AV Preeminent 5.0 out of 5 rating. Mr. Halliwell s practice focuses on the representation of developers and general contractors in construction defect lawsuits. He is the editor of Chapman, Glucksman, Dean, Roeb & Barger s Recent Developments in California Construction Defect Litigation, which reviews recent cases that impact construction defect litigation in California, Nevada and Arizona. He has been a speaker on issues relating to construction defect, coverage, and class action litigation at conferences sponsored by West Coast Casualty, HB Litigation Conferences and Southern California Association of Defense Counsel. Mr. Halliwell received his undergraduate degree in Business Administration from the University of Redlands, and his Juris Doctor degree from Loyola Law School, and has been in practice for more than 25 years. Ross Hart, Esq. Mediator and Arbitrator AMCC (Arbitration Mediation Conciliation Center), CA, NV, AZ and CO Ross Hart is widely recognized as one of the top ADR professionals for construction, insurance coverage, real estate and commercial disputes. As a full time neutral for more than two decades, he has mediated and resolved countless numbers of complex, multi-party disputes involving hundreds of millions of dollars. Universally respected by members of the construction community, among his many awards and accomplishments he is proud to be the inaugural recipient of the West Coast Casualty Jerrold Oliver Award of Excellence in 1996, as well as the 2013 Legend of an Era Award. Available nationally as a mediator, arbitrator or referee, he is the premier panelist for AMCC, an ADR provider specializing in the resolution of construction, insurance and real estate related disputes. Holly S. Harvey, Esq. Thornton, Davis & Fein, P.A., Miami, FL Holly Harvey leads the insurance coverage and bad faith practice at Thornton, Davis & Fein, PA, one of Florida s best known complex civil litigation boutiques. In over 22 years of practice with the Firm, Holly has served as coverage counsel in hundreds of construction defect cases. She also handles third and first party coverage matters involving a variety of claims. Holly is frequently requested by clients and industry leaders to speak and write on coverage and defect issues, and for several years co-chaired the Complex Torts Subcommittee for the American Bar Association s Section of Litigation, Corporate Counsel Committee. She is AV rated by Martindale-Hubbell, and is admitted to practice before the United States Supreme Court, the U.S. Courts of Appeals for the First and Eleventh Circuits, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and all Florida state trial and appellate courts. Matthew T. Hawk, Esq. Partner Gordon and Reese, LLP, San Francisco, CA Matthew Hawk is a partner in the Construction and Green Technology & Climate Change practice groups at Gordon & Rees. His practice focuses on the representation of various constructionrelated entities including owners, developers, general contractors, design professionals, and subcontractors in all aspects of business including risk management consulting, contract formation, claims management, and litigation. Mr. Hawk is also one of the few attorneys in California to be accredited by the United States Green Building Council as a LEED Green Associate. After all, you ll be here anyway, so why not make the most of it? With most companies and organizations demanding reduction in expenses these days and so many of your co-workers, clients, colleagues, partners, associates and others coming to our event, doesn t it make sense to have your annual or semi-annual meeting at the same time as our seminar since you will be here anyway? As a leader in holding business meetings, conferences, conventions, family reunions, weddings, trial prep sessions, military reunions, church events, or most any type of group function, you couldn t ask for a better venue than the Disneyland Resort for any group meeting. Contact: Karen Truesdale, Disney Convention Services 15(714)

16 Seminar Speakers Marisa Helmich, Vice President Swiss Re, Westlake Village, CA Marisa Helmich has worked in the Ins. Claims Industry for over 30 years for several insurers. She maintains Adjuster Licenses in multiple States. As a Senior member of the NAC Claims Department in Westlake Village, CA Ms. Helmich has participated in Seminars with TPA's and other team members to stay in touch with the ever changing challenges and trends facing those involved in the ever changing Construction Defect arena. Ms. Helmich has participated in the West Coast Casualty Seminar as a member of the Speakers and Topics Committee and has spoken at several HB Litigation Conference Events. Over the past 17 years while at SwissRe, Marisa has been involved in both Supervision and direct handling of Construction Defect, General Liability, Coverage B and Excess/Umbrella claims in Jurisdictions around the United States. Ms. Helmich's primary roll for the past 9 years has been direct handling of construction defect cases on behalf of General Contractors / subcontractors for high end custom homes, commercial / mixed use and apartment projects throughout many States. Stephen J. Henning, Esq., Founding Partner Wood, Smith, Henning & Berman, CA, NV, AZ, CO, WA, OR, NJ, FL & NY Stephen J. Henning is a co-founder of Wood, Smith, Henning, and Berman, LLP, an Am Law 300 law firm with 16 offices throughout the United States. Steve is a skilled litigator who is nationally recognized for his results in complex construction, real estate, business and toxic tort litigation. Regularly representing Fortune 500 companies, as well as preeminent members of the business community, Steve has represents some of the nation's largest residential and commercial public and private owners, homebuilders, developers, investors, contractors and lenders. Additionally, Steve has a thriving practice focusing on public entities, where he handles all facets of litigation and risk management pertaining to construction and toxic tort issues. Steve received both his undergraduate and law degree from the University of Nebraska, where he competed on the National Trial team. In addition to his extensive legal practice, he regularly gives back to the community by taking on leadership positions in several national and local charities. Steve currently serves as Chairman of the Board of Directors for the March of Dimes, and he is a founding Board member and past President of the Construction Defect Community Charitable Foundation. Steve is also on the Board of Directors for both the Alzheimer's Association and Levitt & Quinn, a public aid law firm which provides legal services to people in need. Steve is proud to be the first defense lawyer awarded the Jerold S. Oliver Award for contribution to the construction defect community. An AV rated lawyer by Martindale-Hubbell, for ten years he has been selected for inclusion as either a "Rising Star" or "Super Lawyer." Katherine James, Founding Director ACT of Communication, Culver City, CA A trial consultant who specializes in live communication skills based in the discipline of theatre, Katherine James has been working to make attorneys and witnesses better courtroom communicators since Over 30,000 attorneys have taken ACT of Communication workshops that she developed with co-founder Alan Blumenfeld. She has helped take over 1,500 cases to trial and helped prepare literally thousands of witnesses, including experts of every stripe. She coaches witnesses and their lawyers to reach, persuade and activate jurors. She has taught for AAJ (formerly ATLA) ABTL, ABA, NITA, DRI, CICA as well as many private law firms and bar associations. Over 30,000 lawyers have taken her workshops. Over the past 15 years more have purchased her Online/DVD series What Can Lawyers Learn From Actors. She has just released another Online CLE - How To Make Your Witness A STAR encapsulating her unique witness preparation system. She has also developed GoodLawyer/BadLawyer Hats for attorneys to use in witness preparation. She has been widely published and her articles can be read in the Knowledge Tank on the ACT of Communication website. She and her co-founder and husband, Alan Blumenfeld, are proud members of The American Society of Trial Consultants. She is an active theatre artist (katherinejamesplays.com) who performs and directs regularly. She holds a BFA from Illinois Wesleyan University and an MFA from The American Conservatory Theater. 16

17 Seminar Speakers Brian Kahn, Esq., Partner Chapman, Glucksman, Dean, Roeb & Barger, LLP, Los Angeles, CA Brian Kahn is a Partner with Chapman, Glucksman, Dean Roeb & Barger. His law practice focuses on complex civil litigation, business and the representation of general contractors, developers, construction managers and design professionals throughout the state of California. He has trial, arbitration and mediation experience. Mr. Kahn earned his B.A. degree from the University of Southern California and his J.D. from Pepperdine University School of Law. While in school he became active in politics, working in various capacities for the U.S. Senate, Governor's office and the White House. Prior to joining Chapman, Glucksman, Dean, Roeb & Barger, Mr. Kahn practiced with various law firms, where his practice included complex litigation, construction litigation, insurance bad faith, toxic tort, business litigation and provided general business advice. Mr. Kahn is a returning speaker at West Coast Casualty s Construction Defect Seminar and has recently co-authored the 2013 and 2014 editions of West s Torts (California Civil Practice Series). He has also been a regularly contributing staff writer for multiple audio / video and home theater magazines. When not practicing law or writing, Mr. Kahn enjoys spending time with his family and does community work through Kiwanis International and sits as a Judge Pro-Tem in Ventura County as well as on the board of directors of a non-profit educational group. Ronald L. Kammer, Esq. Partner Hinshaw & Culbertson LLP, Miami, FL Ronald L. Kammer is the National Unit Leader for the firm's Insurance Practices Group. He focuses on the representation of insurers nationally. He has litigated, at trial and on appeal, many significant cases addressing coverage and bad faith with particular expertise in the context of construction defect, pollution, trademark and patent infringement claims. Mr. Kammer regularly provides advice on issues involving policy interpretation, claims handling practice and procedures, and the drafting of insurance policy provisions. Mr. Kammer also practices in general civil litigation with an emphasis on legal malpractice and insurance agents errors and omissions. He has served as an expert in legal malpractice, insurance coverage, bad faith and attorney fee disputes. Mr. Kammer received his undergraduate B.A. Degree, cum laude, from Macalester College and graduated from the University of Miami School of Law, in He was admitted to the Illinois Bar in 1980 and the Florida Bar in Ken Kasdan, Esq., Senior and Managing Partner Kasdan Weber Turner LLP, Irvine, CA Ken Kasdan is one of the nation s leading construction defect attorneys and has been managing partner of the Kasdan Weber Turner LLP, which he established, for more than 25 years. He earned his law degree from the State University of New York, at Buffalo, and his Bachelor of Arts degree, cum laude, from Bernard M. Baruch College of the City University of New York. Ken was admitted to the California State Bar in 1976, and is licensed to practice before the U.S. District Court, Central District of California. Ken was admitted to the Arizona State Bar in Ken is a member of the American Bar Association (Member: Business Law Section); Committee on Commercial Financial Services; Subcommittee on Interest and Usury, Credit Rights; Litigation Section; Construction Industry Forum Committee); State Bar Association of California; Orange County Bar Association: (Member: Business Litigation Section); Orange County Trial Lawyers Association; Judge Pro Tem, Orange County Superior Court; the Orange County Superior Court Judicial Arbitration Panel; the Maricopa County Bar Association; and Consumer Attorneys of California (CAOC). Ken is a member of the Community Associations Institute (CAI). Mr. Kasdan has been selected for inclusion as a Southern California Super Lawyer in 2015, 2014, 2013, 2011, 2010, 2009 and Ken also sits on the Board for the Construction Defect Community Defect Charitable Foundation (CDCCF). Established to provide financial assistance for active members of the construction defect community who have uninsured expenses due to a disability, illness, and/or the death of a community member.. Don t forget to visit our Sponsors and Vendors at the seminar Or do it Right Now!!! Turn to pages 33 through 39 for a vendor listing and visit their websites for advanced news and special announcements about their products or services 17

18 Seminar Speakers Keith D. Koeller, Esq. Founding Partner Koeller, Nebeker, Carlson & Haluck LLP, Irvine, CA Mr. Koeller is the founding partner of Koeller, Nebeker, Carlson & Haluck LLP. For the last 33 years, Mr. Koeller has focused his practice on the representation of developers and general contractors in both residential and commercial construction litigation. Mr. Koeller has handled significant claims concerning construction defect, construction delay, inverse condemnation, nuisance, bodily injury, and wrongful death. The firm currently has approximately 80 attorneys with offices in California, Nevada, Arizona and Florida. Mr. Koeller is AV-rated by Martindale- Hubbell. He is a Past Chair of the Orange County Bar Association, Construction Law Section. He has been named a Southern California Super Lawyer each year from In 2003, he was awarded the Larry Syhre Commitment to Service Award at the West Coast Casualty Construction Defect Conference. Also, in 2009, he was awarded the prestigious Judge Jerrold Oliver Commitment to Excellence Award. Mr. Koeller has been an innovator in the development of alternative strategies for the resolution of construction defect claims and is a frequent speaker at leading industry seminars concerning important topics impacting construction litigation. Mr. Koeller and his wife have raised five children, served their church, coached numerous youth athletic teams, and enjoyed countless opportunities to serve others in their community. Michael T. Kennedy, Esq. Senior Attorney Kasdan Weber Turner, LLP, Walnut Creek, CA Michael T. Kennedy is a senior attorney with Kasdan Weber Turner handling construction defect litigation involving both multifamily and single family residential as well as commercial projects. Michael has been involved in residential and commercial construction defect litigation for over 18 years. Michael s experience and insight into the construction industry helps quickly identify building defects and the necessary investigation methods. This knowledge leads to concise investigations, which ultimately saves the experts time and this savings is then passed onto our clients. He has tried over 20 construction defect cases as well as numerous binding arbitrations. Michael began his career representing builders and their insurance carriers. Michael s extensive experience gives him unique insight into their strategies and approaches to defending and resolving construction defect claims. He earned his Juris Doctorate from Western State University, College of Law in Fullerton. He received his Bachelor of Arts from the University of Southern California. Michael was admitted to the California State Bar in He is licensed to practice before the U.S. Court of Appeals for the 9th Circuit and the U.S. District Courts for the Northern, Central, Eastern, and Southern Districts of California. Michaels s professional affiliations include the Legislative Committee of the Associated General Contractors; Executive Council of Homeowners; Community Associations Institute; and California Association of Community Managers. He has served as a Judge Pro Tem in the Alameda County Superior Court. Jeffrey Kramer, Esq. Co-Managing Partner Kramer, deboer & Keane, Woodland Hills and San Francisco, CA Jeffrey S. Kramer is a co-managing partner of Kramer, DeBoer & Keane, LLP, practicing out of the firm s Los Angeles and San Francisco offices. Jeff is an A-V rated litigation attorney who has practiced in the construction defect arena since the mid-1980 s. Although he has primarily represented various subcontractor trades and material suppliers, he has also represented developers and general contractors and recently favorably resolved a developer s case during the Calderon stage. In addition to defending construction defect claims, Jeff routinely handles commercial transportation and commercial liability claims for both domestic carriers and Certain Underwriters at Lloyds. He is part of a quick response team for a commercial trucking carrier, covering wrongful death and catastrophic accident claims throughout California. Jeff graduated from San Jose State University with a BS degree in Administration of Justice, interning in the Robbery Division of the San Jose Police Department. He graduated from Southwestern University School of Law, having interned with the Los Angeles City Attorney office and the Los Angeles Superior Court. In addition to an active litigation practice, Jeff volunteers as a Mediator/Arbitrator for the Los Angeles Superior Court and serves as a professional Mediator for Alternative Resolution Centers. Don t forget to visit the Exhibit Hall - Vendors, Demonstrations, Food,... and a whole lot more!!! 18

19 Seminar Speakers Jim Kurkhill, Esq. Attorney and Litigation Consultant Law Office of Jim Kurkhill, Long Beach CA; Founder of Kulit Consulting Mr. Kurkhill has been an attorney since 1993 and has concentrated his practice on all aspects of construction law, including transactional matters, construction defect, project delays and change order disputes involving both commercial and residential projects. Prior to becoming an attorney, Mr. Kurkhill worked for seven years as an engineer in the aerospace industry and in product development. Mr. Kurkhill has represented owners, developers, general contractors and design professionals with an emphasis on the resolution of complex technical and multiparty disputes. In addition to his law practice, Mr. Kurkhill founded Kulit Consulting in 2008, a litigation consulting firm that offers trial strategy, litigation support, and litigation graphics for other attorneys nationwide on cases involving complex or tech-heavy cases. Mr. Kurkhill has lectured on myriad topics in construction, including managing complex cases and presenting construction cases for mediation, arbitration and trial. Mr. Kurkhill graduated with a B.S. in Optics from the School of Engineering and Applied Science at the University of Rochester, Rochester, NY in 1983 and received his Juris Doctor from Pepperdine University in Traci S. Lagasse, Esq. Founding Member Andrews Lagasse Branch & Bell, LLP, San Diego and Los Angeles, CA Traci Lagasse is a founding member of Andrews Lagasse Branch & Bell LLP and specializes in the areas of construction and professional liability, with a primary focus on the defense of architects and engineers. Ms. Lagasse obtained her Bachelor of Arts degree in Economics from the University of California, Santa Barbara, and received her J.D. from Santa Clara University School of Law. Ms. Lagasse has been included on the list of San Diego Super Lawyers in the area of Professional Liability from 2009 through 2014, and named by the San Diego Daily Transcript as a Top Attorney for 2007 in Construction and Real Estate Law. In 2010, Ms. Lagasse, along with her partners Jennifer Branch and Margi Bell, was honored by the San Diego Business Journal as one of San Diego s Women Who Mean Business, an award presented annually to women leaders in San Diego s business community. Thomas J. Lincoln, Esq. Founding Partner Lincoln, Gustafson and Cercos, LLP, San Diego, CA, Las Vegas, NV, Phoenix, AZ Thomas J. Lincoln has been practicing law for over 35 years and is the Founding Partner of Lincoln, Gustafson and Cercos, LLP, a civil litigation firm with offices in San Diego, Las Vegas and Phoenix. Mr. Lincoln devotes his practice to a variety of areas including products liability, construction defect litigation, premises liability, construction injury cases and business. In addition to trial work, Mr. Lincoln is General Counsel to the San Diego Convention and Visitors Bureau, has acted as an arbitrator on over 150 cases, provided expert testimony in legal malpractice and bill disputes matters, acted as a mediator, and lectured on a variety of topics. Mr. Lincoln has taught general civil litigation and ethics at the University of San Diego in the Paralegal Studies Program. He has authored articles on subjects including ethics, mediation, and other topics. Mr. Lincoln is licensed in both California and Nevada, serves on the State of California and San Diego County Bar Associations' Fee Arbitration Committees, and is an active member of the American Board of Trial Advocates (ABOTA). He is AV rated and has been designated as a Super Lawyer for many years. Mr. Lincoln is the Founding member of the Las Vegas Defense Lawyers and is currently the Co-Chair of that organization. In addition, Mr. Lincoln is on the Executive Committee for Professionalism for the Nevada Bar. Mr. Lincoln is a past recipient of the Larry Shyre Commitment to Service Award for contribution of education benefitting the construction defect community, and continued commitment and support of West Coast Casualty s Construction Defect Seminar. Don t forget to vote for the Ollie Whether you are coming to the seminar or not... Details on Page 31 19

20 Seminar Speakers Steve Lokus, Assistant Vice President, Claims Manager Navigators Management Company, Inc., Irvine, CA Steve Lokus has been with Navigators since 2012 where he is the Claims Manager of the Southern California Construction Defect unit which handles construction defects nationwide. He has handled and managed various claims including large commercial general liability claims on a primary and excess layer, claims within large SIRs and wrap policies with a focus on coverage, liability, risk transfer and litigation management. Prior to Navigators, Mr. Lokus was a Construction Defect Claims Supervisor at Fireman s Fund Insurance Company and Branch Manager for West Coast Casualty Service, Inc. He is a current member and corporate officer of the Construction Defect Claim Managers Association as well as a member of the Claims and Litigation Management Alliance (CLM). Robert S. Mann, Esq. The Mann Law Firm, Los Angeles, CA Robert S. Mann is regarded as one of the most accomplished construction lawyers in California. He was selected as one of the Top 50 Neutrals in the state by the Daily Journal and has been named as a Superlawyer in 2012 and 2013 in both Construction and Alternative Dispute Resolution. In the capacity of Mediator and Arbitrator he has successfully resolved hundreds of construction disputes in California and Nevada. Mr. Mann provides alternative dispute resolution services through ADR Services, Inc. and the American Arbitration Association where he is a member of the National Panel of Construction Neutral Arbitrators/Mediators and the Large Complex Case Panel. He is the author of a major technical work on construction: Defect-Free Buildings, published by McGraw-Hill in 2007 and he has published more than 30 articles on mediation and arbitration. His private clients include many of the most prominent members of the business and entertainment community in Los Angeles. Mr. Mann received his undergraduate degree from Stanford University and his J.D., cum laude, from Santa Clara University School of Law, where he was an Editor of the Law Review. Andrew R. McCloskey, Esq. Founding Partner McCloskey, Waring & Waisman LLP, San Diego and Los Angeles, CA Andrew R. McCloskey is a founding partner of McCloskey, Waring & Waisman LLP, a Californiabased law firm with offices in San Diego and Los Angeles. Mr. McCloskey s practice focuses on advising and representing insurance companies with respect to general insurance coverage and bad faith. Mr. McCloskey has handled numerous complex insurance coverage matters, including litigated and non-litigated claims involving environmental, asbestos non-products, construction delay, construction defect, personal injury, advertising injury, bad faith defense and other insurance-related issues. Mr. McCloskey is a member of the California and Nevada bars and has appeared pro hac vice in Florida, Hawaii, Texas, Washington and Wisconsin. He is admitted to practice in numerous appellate and federal courts throughout the country and is an AV-rated attorney by Martindale-Hubbell. Mr. McCloskey received a B.A. in Economics from the University of Connecticut and is a cum laude graduate of the University of San Diego School of Law. Silver Sponsorship for this event has been generously provided by 20

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