1 Fearless Adventurer and subject of film, 127 hours SAN ANTONIO APRIL 9-11, 2015 JW MARRIOTT SAN ANTONIO HILL COUNTRY RESORT & SPA Construction Law Retail
2 w e lc o m e to the wild west Welcome to the Lone Star State welcome to the Spring 2015 USLAW NETWORK Client Conference in beautiful San Antonio, Texas, at the spectacular JW Marriott. This year we've taken a definite western approach to Southern Hospitality. As always, our Spring Conference promises to deliver big on education, big on entertainment, and big on professional networking. And we mean Texas-sized big. We'll jump start each day with exhilarating educational opportunities presented by leading legal minds in the areas of construction, retail, insurance and transportation. Each presentation is designed to deliver the latest on hot legal topics in a high-energy, engaging format. Fast and informative, you ll find little time to tire of the topic with these enjoyable and information-packed presentations. But like client conferences of the past, our daylight hours are 50% education and 50% fun, and after the powerpoint shuts down, the afternoon fires up. Raft the Guadalupe River, bike the Mission Trail, try your aim at skeet shooting, or take refuge in the spa, to name a few activities. But rest up some, because big nights in big sky country await you. We ll kick the conference off with our own version of the Fiesta San Antonio!... an annual festival that captures the flavor and history of this once-frontier land. Friday night is Rodeo Night at Knibbe Ranch...a real slice of Texas Americana that delivers an authentic experience rivaled by none. Finally we ll close our conference by hitting the streets...exploring the latest culinary craze as we dine curbside at some of the finest food trucks in the Southwest. Don t miss this exciting conference. Join us in San Antonio in the heart of the Wild West! USLAW Corporate Partners
3 SCHEDULE of EVENTS S U B J E C T T O C H A N G E APRIL 9 11:00 A.M. 7:00 P.M. USLAW Conference Registration Open 11:00 A.M. 2:00 P.M. USLAW NETWORK Board of Directors Meeting and Working Lunch 2:15 P.M. 3:30 P.M. USLAW Client Leadership Council Meeting 3:00 P.M. 5:30 P.M. USLAW invited guest/member attorney One-on-One Meetings 4:30 P.M. 5:30 P.M. USLAW Practice Group Meet & Greet Receptions Open to All Conference Attendees Construction Law Insurance & Risk Management Services Retail Transportation 5:30 P.M. 6:30 P.M. USLAW Invited Client Only Reception Open to Invited Clients and Their Significant Others Only 6:30 P.M. 9:30 P.M. fiesta San Antonio! APRIL 10 7:00 A.M. 12:00 P.M. USLAW Conference Information Desk Open Morning Spouse/Significant Other Optional spa round robin 7:00 A.M. 9:00 A.M. Breakfast Open for All Conference Attendees 8:15 A.M. 8:30 A.M. Conference Opening Remarks 8:30 A.M. 9:30 A.M. Keynote Aron Ralston Fearless Adventurer and Subject of the Film 127 Hours 9:45 A.M. 12:00 P.M. (4) Educational Tracks 12:30 P.M. 6:00 P.M. Optional Afternoon Social Activities for All Conference Attendees 6:30 P.M. 10:00 P.M. big sky big night at Knibbe Ranch APRIL 11 7:00 A.M. 12:00 P.M. USLAW Conference Information Desk Open Morning Spouse/Significant Other Optional spa round robin 7:00 A.M. 9:00 A.M. Breakfast Open for All Conference Attendees 8:30 A.M. 12:00 P.M. (4) Educational Tracks 12:30 P.M. 6:00 P.M. Optional Afternoon Social Activities for All Conference Attendees 7:00 P.M. 10:00 P.M. truck stop Throw down uslaw s farewell bash
4 Meet Aron Ralston Fearless Adventurer and Subject of the Film 127 Hours Growing up in Ohio and Indiana before moving to Colorado with his family in 1987, Aron Ralston had little exposure to the wild outdoors. But by the time he hiked into a remote area of Utah s canyon country in April of 2003, he was an experienced outdoorsman out for a walk in the park. Seven miles into the canyon that day, Aron accidentally dislodged a boulder that crushed and pinned his right hand. After six days of entrapment alone, he freed himself with a cheap multi-tool knife and hiked to a miraculous rescue. Since his amputation, Aron has written an internationally bestselling book, Between a Rock and a Hard Place, spoken to hundreds of audiences around the world, and interviewed with Tom Brokaw, David Letterman, and Jay Leno. With new prosthetic arms that he designed, Aron returned to his outdoor passions: he finished climbing Colorado s 59 Fourteeners, in winter, solo; he s skied from the summit of Denali, North America s highest mountain; and, he s led a rafting expedition through the Grand Canyon. 127 Hours, the major-motion-picture adaptation of his book, directed by Danny Boyle and starring James Franco, was nominated for six Oscars. Aron s only disappointment was that the soundtrack didn t have enough songs by his favorite band, Phish.
5 fi es ta San Antonio! USLAW jumpstarts Texas Annual Rite of Spring San Antonio Fiesta with our own version of the nearly 125-year-old celebration one week prior to the Festival s true commencement. We ll capture the spirit, color, music and bright lights that is Fiesta on the lush grounds of the JW Marriott. Part block party, part garden party, and 100% San Antonio, we turn up the heat and the sound as we pay tribute to the battles of The Alamo and San Jacinto. Music fills the air with the upbeat sounds of Tejano, jazz, mariachi, rock, and pop. Music sets the tone but the food sets the flavor. From the Fiesta s St. Mary s-famed Oyster Bake, to Brackenridge Park s Taste of New Orleans the huge selection of culinary offerings at the USLAW Fiesta is guaranteed to please. Enjoy all the spectacle of our Food Villa, lavishly decorated in blooms and blossoms as USLAW hosts its own rendition of the Fiesta s Battle of Flowers Parade. Come sunset, thousands of tiny lights come alive in the surrounding greenery, as the Fiesta Flambeau Parade of Lights begins to shine USLAW-style. Help kick-off the conference in style at USLAW's Fiesta. Attire: Casual
6 big sky big night Knibbe Ranch For over a century the Knibbe family have worked their ranch. And now they ve opened their ranch to us. And like so many Texas ranches of the past, Friday night is Rodeo Night... a chance for a cowboy to let off a little steam and maybe take home a little extra cash. Take a front row seat as authentic working cowboys test their roping and bull riding skills. See first-hand the important role the rodeo clown plays, as you discover his funny antics are far more valuable than their mere entertainment. We ll also hop a ranch hay wagon for a genuine look at what it takes to make a ranch successful, and likely treat you to sightings of wildlife such as deer, wild hogs, armadillos, and turkeys, to name a few, as we tour the breathtaking view of the panoramic Hill Country before us. After a busy evening on the ranch, you ll be ready for a Texas-sized dinner of sizzlin ribeyes, fall-off-thebone ribs, and fresh-off-the-grill golden roasted chickens. Plus all the salads, veggies and cobblers to make sure your appetite is satisfied. But don t get too comfortable, its musical guest Jody Jenkins and his eight-piece band, a favorite of San Antonio s. And we sure hate to waste that Texas Big Sky...so we light her up with a fireworks display guaranteed to dazzle! Attire: Casual
7 truck stop throw down U S L A W S Farewell Bash There s nothing quite like it. Food from a truck. What was once looked upon as a less than appetizing means of dining... has turned into one of the Foodie Nation s finest pastimes. USLAW joins the craze as we present some of the Southwest s finest meals on wheels. This year, the truck stops here at the JW Marriott. As a matter of fact, several trucks stop here! Join us for our last evening in San Antonio where your taste buds will travel to places as far away as the Philippines and Pakistan and then back to places as near and dear as a Texas Backyard Bar-B-Que! Savor the flavors of Texas and the world beyond as we keep on truckin through the Spring 2015 USLAW NETWORK Client Conference Grand Finale. Music, great libations, and the wonderful opportunity to connect with friends and colleagues alike as we bid farewell to a most memorable conference. But like so many conferences in the past, USLAW NETWORK has a surprise or two still up its collective sleeves... surprises we feel certain you won t want to miss.
8 Hotel Information The JW Marriott Resort is situated in the Texas Hill Country in Cibolo Canyons, where crystal clear streams and towering oak and cedar trees meet the majesty of the hills. The elements of authentic roots, hacienda style, beautiful views and healing waters serve as the inspiration in bringing this magnificent resort to life. The Hill Country resort features 140,000 square feet of meeting space, the 36-hole TPC San Antonio and a sophisticated spa. The Resort s 26,000-square-foot Lantana Spa offers 30 treatment rooms. A complete fitness center and studio features the latest in cardio-training equipment, free weights, and stationary weight training equipment as well as yoga and other fitness classes. Between treatments, guests can enjoy the peaceful serenity of the private, lagoon-like pool, healthy refreshments at Replenish Spa Café or shop in the spa s boutique. LAW The US er great ff o seminars ntent, a fun n co educatio here and a sp o tm a rtunity ul oppo rf e d n o w ounsel ct with c to conne round the from a in one country. o ti loca n The ultimate in outdoor fun and relaxation combines a 650-foot rapid river ride, slides, an 1,100-foot-long lazy river with children s pools, a serene adult pool, hot and cold plunge pools, whirlpools, and an expansive activity pool. Resort guests can find culinary delights and boutique shopping awaiting them at every corner. The Resort s three-meals-a-day restaurant, Cibolo Moon, serves authentic Texas cuisine that captures the unique flavors of the Texas Hill Country. Guests can also enjoy shopping in the area s highend boutiques and shops. There s nothing bigger in Texas than the love of sports, and guests can enjoy the Resort s media-rich sports bar, High Velocity, which puts them right in the middle of the action with wallto-wall multi-media screens featuring a variety of sport channels.
9 Spring 2015 Educational Tracks Construction Law Insurance & Risk Management Services Retail Transportation
10 Presented by the USLAW NETWORK Construction Law Practice Group PRACTICE GROUP LEADERSHIP Chair William F. Fink Wicker Smith O Hara McCoy & Ford P.A. Miami, FL Vice Chair Jean A. Dalmore Murchison & Cumming LLP Los Angeles, CA Secretary Michael J. Rabus Ahmuty, Demers & McManus Albertson, NY Track Co-Chairs E. Holland Howanitz Wicker Smith O Hara McCoy & Ford P.A. Jacksonville, FL Patrick T. White Huddleston Bolen LLP Charleston, WV TRACK ONE Construction Law Sessions to Include: Minimizing Litigation Costs in Construction Defects Case Although the laws applicable to construction defect cases differ, no matter what jurisdiction you are in, construction defect cases are expensive. In this session, the panel will discuss various strategies for minimizing costs in construction defect cases including targeted discovery, choosing the appropriate time for a dispositive motion and/or an early carve out settlement. The session will also include a discussion relating to recent issues with AI tenders and the affect that AI provisions have on the cost of litigation. What to do When OSHA Shows Up Common Mistakes Made by Companies Say an OSHA inspector shows up at your door, unannounced, and wants to conduct an inspection of your workplace. What do you do? Most companies, without question, let the inspector proceed. At the conclusion of the inspection, which could be days, weeks or months later, the company finds out if OSHA is going to issue any citations. Then, if the company is cited for one or more violations, the Company might for the first time in this process call a lawyer. This panel discussion will outline the options companies have when the OSHA inspector shows up, best practices, and also how to get the company prepared for a surprise OSHA inspection. Absolutely the best networking event in the industry, and yet despite all of the great discussions I was never once approached directly (or even indirectly) for business. This organization just proves that it isn't the sales pitch that matters, it is the substance. Construction Jeopardy Managing a construction defect case can often seem like a game of Jeopardy! There is sometimes uncertainty as to what categories will be on the board in terms of other party s involved, complicated insurance issues, and what experts will be brought to the table. This lively and entertaining program comes to you from the people who brought you the crowd pleasing Family Feud at the previous conference held in In this game of Jeopardy!, the panelists will compete in answering questions on relevant topics in construction law. May the quickest on the signaling device win! Hot Topics in Construction Law The clock is running! Presenters are given eight minutes on a wide variety of developing legal issues in the construction law arena. Time limits will be strictly enforced. Topics to include: WRAP insurance; Mechanics Liens best practices; Fracking-related trends; Workers Compensation; And more! Surety: Who s Going to Pay for This? Joint Session with Insurance & Risk Management Services Track This panel discussion will use a hypothetical fact pattern based on a public works construction project to introduce the basics of surety law. The discussion will include an overview of surety law concepts, and the common types of claims made under payment and performance bonds. In addition, the panel will compare and contrast the coverage generally provided on a construction project under surety bonds versus that provided under commercial general liability insurance policies.
11 Presented by the USLAW NETWORK Insurance & Risk Management Services Practice Group PRACTICE GROUP LEADERSHIP Chair Robert S. Nobel Traub Lieberman Straus & Shrewsberry LLP Hawthorne, NY Vice Chair Bryan M. Weiss Murchison & Cumming LLP Los Angeles, CA Secretary William J. Mitchell Ahmuty, Demers & McManus Albertson, NY Track Co-Chairs L. Megan Faust Roetzel & Andress Cleveland, OH Michael D. Riseberg Adler Pollock & Sheehan PC Boston, MA TRACK two Insurance & Risk Management Services Sessions to Include: The USLAW conferences are so well organized, informative and creative. It is a reflection of the law firm members as well, which is exactly what you want from defense counsel. First-Party Property Claims and Bad Faith Arising from Major Storm Events With an increase in public adjusters and first-party property damage claims arising out of storm events, we have seen a spike in bad faith litigation involving those claims. Public adjusters are now focusing on unsavory unreasonable delay of benefits statutes, which present challenging issues for insurance companies and their adjusters in handling those claims, and counsel in defending first-party bad faith property claims. We will discuss how to best work with public adjusters, tactics that public adjusters are using to create delay and take advantage of a state s statutes governing insurance companies, and ways in which an insurance company can protect itself and bring a claim to resolution. Primary vs. Excess Carrier s Rights and Obligations This panel will focus on the rights and obligations that flow between primary and excess insurers. We will tap industry professionals to provide insight from their respective vantage points and how they view the role of each from both the primary looking up and the excess looking down. Our panel will also include insight from the attorneys who are so often stuck in between these, occasionally, competing vantage points. The panel will provide an update on recent case law addressing commonly litigated issues like horizontal vs. vertical exhaustion and good faith obligations to safeguard the interests of an excess carrier. Our goal, in part, will be to offer attendees practical insights and recommendations for those industry representatives and counsel forced into the muddy waters of primary vs. excess insurer disputes. A Survey of New Emerging Risks Different panelists will each address a particular emerging risk facing the insurance industry and its insureds. Examples of issues to be addressed include: (1) Nanotechnology, cutting edge science with wide implications for medicine and electronics; (2) 3D printing, which allows for reproduction of prototypes that may create insurable risks; (3) Legalized marijuana, which is giving rise to coverage and liability issues given the new and evolving legality of this industry; (4) Fracking in the oil and natural gas industries, which has already generated claims that raise questions over potential damages and what policy terms may be implicated; and (5) Data Breaches, on the heels of icloud data and Home Depot breaches, what are the risks and who pays for any damages. Reinsurance Disputes: What are the Current Trends and How are These Disputes Impacting Your Litigation? In the movie, All the President s Men, the phrase follow the money was popularized. In this presentation, a panel of experienced members of the reinsurance community will help you follow the money by explaining what reinsurance is, how it is intended to function and the current trends in disputes arising between insurers and reinsurers (and between reinsurers and retrocessionaires). The discussion will shed some light on why these disputes might very well be impacting, behind the scenes, the unexplained hesitation of one of the parties in your claim situation. The Role of a Surety in Construction Claim Joint Session with the Construction Law Practice Group This joint construction and insurance panel discussion will use a hypothetical fact pattern based on a public works construction project to introduce the basics of surety law. The discussion will include an overview of surety law concepts, and the common types of claims made under payment and performance bonds. In addition, the panel will compare and contrast the coverage generally provided on a construction project under surety bonds versus that provided under commercial general liability insurance policies.
12 Presented by the USLAW NETWORK Retail Practice Group PRACTICE GROUP LEADERSHIP Chair Noble F. Allen Hinckley, Allen & Snyder, LLP Hartford, CT Vice Chair Sidney J. Hardy McCranie Sistrunk Anzelmo Hardy McDaniel & Welch LLC New Orleans, LA Secretary Susan Childers North LeClairRyan Williamsburg, VA Track Co-Chairs Kenneth M. Alweis Goldberg Segalla LLP Syracuse, NY Thomas G. Williams Quattlebaum, Grooms & Tull PLLC Little Rock, AR TRACK three retail Sessions to Include: Again, USLAW doesn't disappoint. The content was relevant, the social events allowed for great professional networking, and the event logistics were seamless. It s Okay to Say You Are Sorry How to Protect Your Brand and do the Right Thing at the Same Time The Retail and Hospitality sectors are often faced with high-profile accidents that place them in the media spotlight. In this session, the panelists will discuss the pros and cons of early intervention following an accident, including reaching out to injured parties and their families. The panelists will also discuss early case intervention and resolution strategies, as well as the potential pitfalls attorneys and clients may encounter during this process. The Employee Witness in a Botched Accident Investigation, and Other Sacrificial Lambs A customer is injured on premises, management responds and an investigation of the accident takes place. But a few careless mistakes during the in-store investigation leads to a seemingly harmless failure to preserve some evidence. Four years later the investigating member of management is on the witness stand and under cross exam in a case where the retailer s version of events and the plaintiff s version of events are vastly different. This session will demonstrate the various ways in which clever plaintiff s lawyers can make a good employee look bad, and even dishonest, simply because of a few honest mistakes. IT S HAPPENING RIGHT NOW!!! Preparedness and Responding to the Active Shooter An active shooter is defined by U.S. Department of Homeland Security as an individual actively engaged in killing or attempting to kill people in a confined and populated area. The incident locations have often been described as soft targets such as retail, restaurant and hospitality centers, with limited active security measures or armed personnel to provide protection for members of the public. This session will discuss the risk management measures that organizations can implement to prepare for and address these events and how to respond once the event is over. All Tokes Aside: Medical Marijuana Issues on the Rise In this session, the panel will address the myriad of issues affecting the retail and hospitality industries due to the proliferation of state medical marijuana legislation. Employers, and their Insurers, are now even more at risk for workers compensation, employment law and tort liability claims. We will examine the conflict between state and federal law on this issue putting employers in even more precarious situations and review the recent state and federal case law that is helping shape this landmark issue. Risk Management in the Retail World How to Avoid the Pitfalls The Retail World is not all carefree shopping and profits, especially for those who have not had sufficient forethought into a risk management plan. This panel will discuss the risks that exist for retailers and the ways and means of creating a strong risk management plan, from shifting the risk through indemnity provisions, attaining additional protections as an additional insured, vendors endorsements and emergency response when appropriate.
13 Presented by the USLAW NETWORK Transportation Practice Group PRACTICE GROUP LEADERSHIP Chair John Pion Pion, Nerone, Girman, Winslow & Smith PC Pittsburgh, PA Track Co-Chairs Michael F. Nerone Pion, Nerone, Girman, Winslow & Smith PC Pittsburgh, PA Michael P. Sharp Fee, Smith, Sharp & Vitullo LLP Dallas, TX TRACK four transportation Sessions to Include: Learning from our Mistakes and Turning a Negative into a Positive A catastrophic accident with adverse liability facts and traumatic, life-altering injuries can change lives and alter the course of a motor carrier. This panel will provide a video presentation of such a case, then explain how lessons learned changed company culture and led to a safer environment. Developing a Defense Strategy to Diffuse Hindsight Bias of Jurors This panel will analyze methods for reducing jurors from being Monday morning quarterbacks with 20/20 hindsight as well as reducing the potential for jurors to presume wrongdoing based on their knowledge of the bad outcome (e.g. the accident). Admission of Liability: The Good Guy Approach and Other Heresies in the Modern Age of Nuclear Verdicts Defense lawyers and risk managers are apprehensive to give up on contributory and comparative negligence. When this approach is employed in unfounded factual situations, jurors hold it against them. If jurors believe the trucking company s position is unfounded they hold it against them on issues that are being legitimately contested damages, causation, etc. Is the better approach to simply come clean and admit liability as soon as possible so as to defuse juror anger? Inherent Conflict Between the Interstate Nature of the Trucking Industry and the Intrastate Application of Workers Compensation Laws This session will address if a trucking company contract with owner operators are independent contractors for workers compensation purposes. USLAW provides the most energetic opportunity to meet terrific lawyers in an atmosphere that is geared to foster long-term relationships. Health Nutrition and Fitness for the Truck Driver, Risk Manager and Defense Lawyer This presentation will be conducted by Mark Everest, a physical therapist/nutritionalist. It will outline Mark s established programs for truck driver stretching, exercise and nutrition while driving over the road to make them more productive, safer drivers, thereby reducing accidents that lead to workers compensation claims and third party liability. He will also discuss the Fourth Quarter and provide guidance to improve the health and fitness of people who lead busy, high-stress lives with large amounts of national travel.
14 Friday and Saturday Activities USLAW Pool Party at the JW Marriott Golf at TPC San Antonio Oaks Course Spa Round Robin at Lantana Spa at the JW Marriott USLAW s Spanish Mission Tour and Lunch at Bliss Bike the Mission Trail and Lunch at Bliss Grape Stomp Texas Style Call Of Duty: USLAW s Paintball Tournament Rafting or Paddle Boarding on the Guadalupe Golf at TPC San Antonio Canyons Course Sporting Clays at the Home of the National Sporting Clay Association Wakeboarding, Snowboarding and Dodgeball at the TSR
15 SAN ANTONIO APRIL 9-11, 2015 conference participant (CP) FULL NAME (E.G., JOSEPH A. SMITH) NICKNAME ON BADGE TITLE JW MARRIOTT SAN ANTONIO HILL COUNTRY RESORT & SPA FIRM NAME/COMPANY NAME ADDRESS CITY, STATE, COUNTRY, ZIP PHONE FAX By registering for this conference, you agree to let your information be shared within the Spring 2015 Conference app. IF YOUR STATE HAS MCLE REQUIREMENTS, PLEASE SUBMIT YOUR STATE(S) AND BAR NUMBER(S) Please Select Track You Primarily Plan To Attend: Track 1 Construction Law Track 2 Insurance & Risk Management Services Track 3 Retail Track 4 Transportation SPOUSE/SIGNIFICANT OTHER (S) FULL NAME NICKNAME ON BADGE REGISTRATION Please check ALL activities the Conference Participant (CP) and the Spouse/Significant Other (S) plan to attend. CP S PLEASE CHECK THE EVENTS YOU WILL ATTEND. THU APR 9 Fiesta San Antonio! FRI APR 10 Big Sky Big Night Knibbe Ranch SAT APR 11 Truck Stop Throw Down USLAW S Farewell Bash CP S Optional Afternoon Activities FRI APR 10 I USLAW Pool Party at the JW Marriott Select one per day for both CP & S II Golf at TPC San Antonio Oaks Course III Spa Round Robin at Lantana Spa at the JW Marriott IV USLAW s Spanish Mission Tour and Lunch at Bliss V Bike the Mission Trail and Lunch at Bliss VI Grape Stomp Texas Style VII Call Of Duty: USLAW s Paintball Tournament VIII Rafting or Paddle Boarding on the Guadalupe SAT APR 11 I USLAW Pool Party at the JW Marriott Part Dos Select one per day for both CP & S II Golf at TPC San Antonio Canyons Course III Spa Round Robin at Lantana Spa at the JW Marriott IV USLAW s Spanish Mission Tour and Lunch at Bliss V Bike the Mission Trail and Lunch at Bliss VI Grape Stomp Texas Style VII Sporting Clays at the Home of the National Sporting Clay Association VIII Wakeboarding, Snowboarding and Dodgeball at the TSR RETURN REGISTRATION FORM TO: USLAW NETWORK, Inc. Spring 2015 USLAW Client Conference 5905 NW 54th Circle Coral Springs, FL FAX TO: (800) S Optional Morning Activities for Spouses/Guests FRI APR 10 I. Spa Round Robin at Lantana Spa at the JW Marriott SAT APR 11 I. Spa Round Robin at Lantana Spa at the JW Marriott