Asbestos Medicine Seminar



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Asbestos Medicine Seminar November 1 1 12, 2004 San Diego Marriott Hotel San Diego, California Who Should Attend Defense lawyers Medical nurses and paralegals National in-house counsel Insurance and selfinsured professionals Risk managers

This year s DRI Asbestos Medicine Seminar at the San Diego Marriott will be an enlightening event in an exciting location. This program is the premier educational and business seminar in the asbestos litigation community. DRI s Asbestos Medicine Seminar brings together the most talented faculty of lawyers and doctors in the field. Last year s seminar attracted a record-setting number of litigation professionals. This year s program will examine current medical and related topics in this ever-changing field. The program will examine jury selection, opening statement and voir dire from the main podium and in breakout sessions. We will explore alternate methods of proving shares, new trial techniques and several industrial hygiene topics. The recent changes in corporate profile, bankruptcies and juror attitudes are critical areas of inquiry. The physicians will objectively look at mesothelioma, lung cancer and screening cases. This program will feature an expanded format on important topics with panel professionals who have proven their expertise and skill. This seminar features the current medical aspects of the asbestos litigation scene. It is timely, with the most up-to-date information on mesothelioma and other asbestos-related diseases. It will present current opinions on asbestos dosage, fiber type and disease potential. It will also cover federal and state legislative initiatives and developments. Bruce T. Bishop Program Co-Chair Michael E. Hutchins Program Co-Chair Albert H. Parnell Law Institute What You Will Learn The most up-to-date asbestos medical information How to develop successful asbestos defense strategies Current jury selection techniques The latest developments in asbestos bankruptcy Trial techniques from the very best asbestos defense counsel 3

Asbestos Medicine Seminar WEDNESDAY, NOVEMBER 10, 2004 6:00 p.m. Registration 6:00 p.m. Networking Reception Sponsored by THURSDAY, NOVEMBER 11, 2004 7:30 a.m. Registration and Continental Breakfast 7:30 a.m. First-Time Attendees Breakfast 8:15 a.m. Welcome and Introduction Bruce T. Bishop, Willcox & Savage PC, Norfolk, Virginia Michael E. Hutchins, Kasowitz Benson Torres & Friedman LLP, Atlanta, Georgia Albert H. Parnell, Hawkins & Parnell LLP, Atlanta, Georgia 8:25 a.m. A Brief History of the Industrial Hygiene Profession and Its Use of Retrospective Dose Reconstruction The 60-year-old industrial hygiene profession is relatively young. There were few members before the passage of the Occupational Safety and Health Act in 1970. Ms. McCluskey will provide an overview of the development of the profession and its use of exposure dose reconstruction. Gayla J. McCluskey, CIH, CSP, ROH, OEP, Global Environmental Health Services Inc., Radnor, Pennsylvania 9:00 a.m. Discovery Tools to Defend Plaintiffs Claims This session will provide a new look at an old topic. From a historical and current perspective, it will examine new ways of utilizing discovery tools and conducting depositions. It will review the discovery requests of third parties, the use of the Asbestos Worker Magazine and Green Sheets at depositions of insulator plaintiffs or witnesses. In addition, Mr. Mesher will cover the means to establish the presence of the traditional defendants products at plaintiffs work sites, as well as other tools to defend cases involving new product exposures and work sites. Barry N. Mesher, Lane Powell Spears Lubersky LLP, Seattle, Washington 4

November 11 12, 2004 9:40 a.m. Don t Touch That Dial: Five Things Attorneys Can Learn from Television s Greatest Lawyers Some scenes are simply worth repeating. Mr. Bailey will use some of television s most entertaining trial scenes to outline the essential strategies that every attorney should learn. Mel D. Bailey, Bailey Crowe & Kugler LLP, Dallas, Texas 10:20 a.m. Refreshment Break Sponsored by 10:40 a.m. Proving Shares for Cross Claims and Including Absent Contributors in the Verdict The trial is ready to begin and you re the last defendant left standing. How do you prove up the shares of the settling and bankrupt defendants in those jurisdictions that recognize joint liability and comparative fault? Here s a primer. Bruce T. Bishop, Willcox & Savage PC, Norfolk, Virginia 11:20 a.m. The Top Ten Mistakes a Corporation Makes That Provide a Basis for Punitive Damages or Catastrophic Compensatory Jury Awards The title is self-explanatory. Mr. Mahoney will count down from 10 and provide an escape hatch through advanced planning. William F. Mahoney, Segal McCambridge Singer & Mahoney Ltd., Chicago, Illinois 12:00 p.m. Lunch (on your own) 1:20 p.m. The Economics of Punitive Damages Post-State Farm Dr. Gaughan will offer his opinions about what we can do to avoid and/or handle the pitfalls of State Farm. Patrick A. Gaughan, PhD, Economatrix Research Associates Inc., New York, New York 1:50 p.m. Developments and Current Issues in Asbestos Bankruptcy This presentation will review the key statutory requirements under the Bankruptcy Code for the creation of the claimants trust and the channeling injunction and discuss the current status of issues of note in asbestos bankruptcies. Topics that will be covered include the use of the pre-packaged plan process in bankruptcy, developments regarding the consideration used to fund the trust and the current status on insurer neutrality. The presentation will also review the case dynamics of several recent Chapter 11 cases. Jeffery E. Spiers, Andrews Kurth LLP, Houston, Texas 5

Asbestos Medicine Seminar 2:30 p.m. Jury Selection and Opening Statement Roundtable Angela L. Abel, Bowne DecisionQuest, Alpharetta, Georgia Mel D. Bailey, Bailey Crowe & Kugler LLP, Dallas, Texas Bruce T. Bishop, Willcox & Savage PC, Norfolk, Virginia David B. Graeven, PhD, Trial Behavior Consulting Inc., San Francisco, California Albert H. Parnell, Hawkins & Parnell LLP, Atlanta, Georgia William J. Sayers, McKenna Long & Aldridge LLP, Los Angeles, California 4:00 p.m. Refreshment Break Sponsored by BREAKOUT SESSIONS (All breakout sessions are limited to defense lawyers and their clients only. Plaintiffs lawyers are invited to meet elsewhere on their own.) 4:15 p.m. Breakout A: Brakes, Gaskets, and Packings and the Products That Use Them This session will focus on an interchange between the participants on basic low-dose exposures. All of these defendants have common, as well as special issues, which they face in the litigation. Ronald D. Collins, Forman Perry Watkins Krutz & Tardy LLP, Jackson, Mississippi Raymond P. Harris, Jr., Whittenburg Whittenburg Schachter & Harris PC, Dallas, Texas John J. Kurowski, Cates Kurowski Bailey & Shultz LLC, Swansea, Illinois 4:15 p.m. Breakout B: The Premises Powerhouses, Utilities, Refineries and Other Places Where Invitees Come The liability of premises owners and the special circumstances that they face will be discussed. The participants will discuss discovery and trial materials. Pedro F. Andarsio, Pedro F. Andarsio Law Offices, Houston, Texas Jiyon Choe, Jackson & Wallace LLP, San Francisco, California Steven A. Hart, Segal McCambridge Singer & Mahoney Ltd., Chicago, Illinois Edward J. Wilbraham, Wilbraham Lawler & Buba PC, Philadelphia, Pennsylvania 6

November 11 12, 2004 5:00 p.m. Breakout C: Hot Topics Hot topics in active jurisdictions will be covered by national coordinating counsel, national trial counsel, insurance industry attendees and client representatives. Discussion will include new developments such as inactive dockets, state tort reform, new judges, new plaintiff attorneys, new procedures, new appellate court decisions or anything else that is new, including the progress of developments that are being considered or are under discussion. Sandra F. Clark, MehaffyWeber PC, Beaumont, Texas Michael T. Hart, Whyte Hirschboeck Dudek SC, Milwaukee, Wisconsin Gabriel A. Jackson, Jackson & Wallace LLP, San Francisco, California Christopher P. Larson, Heyl Royster Voelker & Allen PC, Peoria, Illinois James A. Lowery III, Godwin Gruber LLP, Dallas, Texas James H. Powers, Powers & Frost LLP, Houston, Texas William D. Shultz, Jr., Cates Kurowski Bailey & Shultz LLC, Swansea, Illinois James N. Sinunu, Adams Nye Sinunu Bruni Becht LLP, San Francisco, California 5:00 p.m. Breakout D: Defending Contractors and Suppliers The manufacturers of traditional asbestos insulation products are gone, but their legacy is the contractors and suppliers who bought and installed their products. Hear more about the unique problems that face these defendants. David C. Marshall, Hawkins & Parnell LLP, Atlanta, Georgia James B. Pressly, Jr., Haynsworth Sinkler Boyd PA, Greenville, South Carolina John E. Sullivan, Baker & Hostetler LLP, Cleveland, Ohio Michael N. Weathersby, Evert & Weathersby LLC, Atlanta, Georgia 6:15 p.m. Networking Reception 7

Asbestos Medicine Seminar FRIDAY, NOVEMBER 12, 2004 8:15 a.m. Welcome Albert H. Parnell, Hawkins & Parnell LLP, Atlanta, Georgia Michael E. Hutchins, Kasowitz Benson Torres & Friedman LLP, Atlanta, Georgia 8:20 a.m. True Confessions of the Ethically Challenged Ms. MacDonnell will present a video simulation of interviews with anonymous practitioners who will share their hypothetical problems, followed by live explanations of the ethical considerations at issue and how the problem should be solved under the Model Rules. Janet L. MacDonnell, Deutsch Kerrigan & Stiles LLP, New Orleans, Louisiana 9:20 a.m. A Safety Engineer s Perspective on Warnings Requirements in the Workplace Dr. Gomer will address the historical considerations that guide an equipment manufacturer s determination of whether an alleged defective product condition must be mitigated through warnings. The focus of the presentation is on hazards that are associated with latent diseases, as opposed to traumatic injuries. For a particular time period of interest, the underlying safety analysis must evaluate (a) national and international equipment safety standards, (b) historical standards for permissible levels of exposure to the alleged hazard, (c) component manufacturerprovided safety information, (d) technical manuals and warnings provided by other equipment manufacturers, and (e) industrial hygiene and epidemiological findings that are relevant to the alleged health hazard. Frank E. Gomer, PhD, Gomer Consulting Group, Scottsdale, Arizona 10:00 a.m. Refreshment Break Sponsored by 10:20 a.m. Medical Assessment of Asbestos Screenings Dr. Friedman has examined and compared B-readings and other x-ray interpretations from a number of different sources and will discuss his findings. Gary K. Friedman, MD, Pulmonary Function Laboratories, Houston, Texas 8

November 11 12, 2004 11:20 a.m. The Changing Patterns of Mesothelioma Referrals Cases that are alleged mesothelioma but are not, increased proportion of females, and the increased proportion of peritoneals all indicate that the real asbestos-related mesotheliomas are finally on the decrease. Victor L. Roggli, MD, Duke University Medical Center, Durham, North Carolina 12:00 p.m. Lunch (on your own) 1:20 p.m. The Dose Parameters of Asbestos as Outlined in the Recent EPA and ATSDR Papers Dr. Crapo will discuss the implications of the EPA and ATSDR papers as they relate to asbestos dose parameters. James D. Crapo, MD, National Jewish Medical and Research Center, Denver, Colorado 2:00 p.m. The Low-Dose Industrial Hygiene Approach to Asbestos Exposures This session will demonstrate the presentation of the industrial hygiene approach to the low doses of asbestos, post-osha and other regulatory environments, and the impact of those doses on industrial hygiene concepts and disease causation. William L. Dyson, PhD, CIH, Workplace Group LLC, Greensboro, North Carolina 2:40 p.m. New Developments in Lung Cancer Cases Dr. Craighead will cover the latest lung cancer developments. John E. Craighead, MD, University of Vermont, Burlington, Vermont 3:20 p.m. Refreshment Break Sponsored by 3:35 p.m. Radiology The Difference between Asbestos, Silica and Mixed Dust Exposures Dr. Barrett will provide an explanation of the differences in x-ray appearances in reading x-rays involving asbestos, silica and mixed dust exposures and explain why they should not be interpreted in the same fashion. Peter J. Barrett, MD, Tufts New England Medical Center, Boston, Massachusetts 9

Asbestos Medicine Seminar 4:15 p.m. Ten Mistakes Plaintiffs Economists Make in Measuring Lost Earnings in Personal Injury Cases Dr. Gaughan has examined testimony from multiple plaintiffs experts and has determined a number of errors they make that a defense lawyer can exploit. This segment will explore 10 of those errors. Patrick A. Gaughan, PhD, Economatrix Research Associates Inc., New York, New York 5:00 p.m. Adjourn DRI is the international membership organization of all lawyers involved in the defense of civil litigation. As such, DRI wishes to express its strong commitment to the goal of diversity in its membership. Our member attorneys conduct business throughout the United States and around the world, and DRI values highly the perspectives and varied experiences that are found only in a diverse membership. The promotion and retention of a diverse membership is essential to the success of our organization as a whole as well as our respective professional pursuits. Diversity brings to our organization a broader and richer environment, which produces creative thinking and solutions. As such, DRI embraces and encourages diversity in all aspects of its activities. DRI is committed to creating and maintaining a culture that supports and promotes diversity in its organization.

November 11 12, 2004 GENERAL INFORMATION Registration The registration fee is $595 for members and $725 for non-members. The registration fee includes CD-ROM course materials, continental breakfasts, refreshment breaks and networking receptions. If you wish to have your name appear on the registration list distributed at the conference and receive the CD-ROM course materials in advance, DRI must receive your registration by October 22, 2004 (please allow ten days for processing). Registrations received after October 22 will be processed on-site. Course Materials In order to better serve and satisfy the numerous requests from our membership, DRI will mail the course materials to all registrants in CD-ROM format twelve days in advance of the seminar. You may still purchase printed materials separately at or after the seminar. Printed course materials can be purchased on-site for an additional $10. Supplemental Materials Recommended supplemental material for this seminar is Punitive Damages after Campbell from DRI s Defense Library Series. Pricing is $50 for members and $70 for non-members (add $15 for hard copies). Order your copy by checking the appropriate box on the registration form on the back of this brochure. You can also view the entire list of DRI publications offerings and make purchases online at www.dri.org. Special Discounts The first and second registrations from the same firm or company are subject to the fees outlined above. The registration fee for additional registrants from the same firm or company is $545, regardless of membership status. All registrations must be received at the same time to receive the discount. Refund Policy The registration fee is fully refundable for cancellations received on or before October 22, 2004. Cancellations received after October 22 and on or before October 29, 2004 will receive a refund, less a $50 processing fee. Cancellations made after October 29 will not receive a refund, but the course materials on CD-ROM and a $100 certificate good for any DRI seminar within the next 12 months will be issued. All cancellations and requests for refunds must be made in writing. All refunds will be mailed within four weeks after the date of the conference. Substitutions may be made at any time without charge and must be submitted in writing. 11

Asbestos Medicine Seminar Hotel Accommodations A limited number of discounted hotel rooms have been made available at the San Diego Marriott Hotel, 333 West Harbor Drive, San Diego, California 92101. For reservations, contact the hotel directly at 800.228.9290 or 619.234.1500. Please mention the DRI Asbestos Medicine Seminar to take advantage of the group rate of $225 Cityview Single or $245 Cityview Double. The hotel block is limited and rooms and rates are available on a first-come, first-served basis. You must make reservations by October 13, 2004 to be eligible for the group rate. Requests for reservations made after October 13 are subject to room and rate availability. Travel Discounts DRI offers discounted meeting fares on various major air carriers for DRI s Asbestos Medicine Seminar attendees. To receive these discounts, please contact Hobson Travel Ltd, DRI s official travel provider at 800.538.7464. As always, to obtain the lowest available fares, early booking is recommended. CLE Accreditation This seminar has been approved for MCLE credit by the State Bar of California in the amount of 14.6 hours, including 1.0 hour of ethics credit. Accreditation has been requested from every state with mandatory continuing legal education (CLE) requirements. Certificates of attendance will be provided to each attendee. Attendees are responsible for obtaining CLE credits from their respective states. Credit availability and requirements vary from state to state; please call DRI at 312.795.1101 for credit information for your state. The taping or recording of DRI seminars is prohibited without the written permission of DRI. Speakers and times may be subject to last-minute changes. DRI policy provides there will be no group functions sponsored by others in connection with its seminars. 12

November 11 12, 2004 FACULTY Angela L. Abel is a vice president of Bowne DecisionQuest in its Atlanta office. Ms. Abel s area of specialization is in the development of litigation communication strategies. She has experience in over 800 cases of diverse practice areas including intellectual property, toxic tort, products liability, construction and personal injury litigation. Mel D. Bailey is a partner in Bailey Crowe & Kugler LLP in Dallas. He is a member of ABOTA, DRI and the Texas Trial Lawyers Association. He was voted one of the Best Lawyers Under 40 by D Magazine. Mr. Bailey has prosecuted and defended high-profile personal injury, product liability and business litigation cases in state and federal courts throughout the U.S. He represents many corporate clients in complex and high-stake litigation, and he has served in an advisory capacity for corporate clients seeking to develop nationwide strategies for the defense of mass-tort litigation. He is a frequent lecturer, focusing on trial strategies and techniques. Peter J. Barrett, MD, is a NIOSH certified B-reader radiologist at the Tufts New England Medical Center in Boston. He practices chest radiology and mammography. Dr. Barrett is board certified in radiology and nuclear medicine. Bruce T. Bishop is a partner at Willcox & Savage PC, in Norfolk, Virginia. Mr. Bishop specializes in asbestos defense, transportation, trucking, aviation and environmental litigation. He has extensive trial experience in state and federal courts throughout the U.S. in the defense of toxic torts/products liability claims. In the course of representing numerous clients in toxic tort and products liability litigation, Mr. Bishop has developed considerable expertise in the coordination of mass tort litigation. He also has a national reputation in the medical and state-of-the-art issues associated with toxic tort litigation. John E. Craighead, MD, is a Professor Emeritus at the University of Vermont in Burlington. Dr. Craighead, a pathologist, has authored numerous textbooks on asbestos and many peer-reviewed publications on asbestos and asbestos-related disease. 13

Asbestos Medicine Seminar James D. Crapo, MD, serves as the Executive Vice President of Academic Affairs and the Chairman of the Department of Medicine for the National Jewish Medical and Research Center in Denver. Prior to joining National Jewish, Dr. Crapo spent over 15 years as the Chief of the Pulmonary and Critical Care Medicine Division at the Duke University Medical Center. He has served on the NHLBI Advisory Council and as President of the American Thoracic Society. Dr. Crapo has maintained a large research program and has numerous grants on which he is the principal investigator. William L. Dyson, PhD, CIH, is a Certified Industrial Hygienist with over 30 years of experience. His work experience has included employment as an Industrial Hygiene Engineer for the Bureau of Occupational Safety and Health, U.S. Public Health Service (the predecessor to NIOSH), as an Industrial Hygienist for IBM and as Corporate Industrial Hygienist for Burlington Industries. Since 1982, Dr. Dyson has been a Consultant in Industrial Hygiene first at Health & Hygiene, a multidisciplinary occupation health firm he helped found, and presently with Workplace Group LLC in Greensboro, North Carolina. He has served as President of the American Academy of Industrial Hygiene and as an officer of the American Board of Industrial Hygiene Association. Gary K. Friedman, MD, is a pulmonologist in Houston, where he has practiced for 31 years. He is past president of the Texas Medical Society, past chief of staff of Memorial Hospital, and past director of Occupational Medicine in Pulmonary Division, University of Texas Medical School. He is board certified in Internal Medicine, Preventive Medicine and Occupational Medicine. He is the Director of Pulmonary Function Laboratories at four area Houston hospitals. He is a former B-reader. He has testified as an expert in asbestos litigation for both the plaintiff and the defense for over 20 years. He is currently authoring a chapter in a major textbook on all clinical aspects of asbestos. 14

November 11 12, 2004 Patrick A. Gaughan, PhD, is president of Economatrix Research Associates Inc. in New York City and a full professor at the College of Business at Fairleigh Dickinson University. Dr. Gaughan s published books include Measuring Business Interruption Losses and Other Commercial Damages, Measuring Commercial Damages and the awardwinning Mergers, Acquisitions and Corporate Restructurings. His specialties include the measurement of damages in litigation. Frank E. Gomer, PhD, is the founder of Gomer Consulting Group in Scottsdale which provides technical litigation support to plaintiff and defense attorneys and their clients. Dr. Gomer has provided safety and forensic engineering testing, analysis, and expert testimony in personal injury and wrongful death cases. These cases, involving occupational diseases, as well as traumatic injuries sustained in the home, in the workplace, in public facilities, and in association with transportation, typically have included products liability or premises liability issues. He is a member of the American Society of Safety Engineers, the Human Factors Engineering and Ergonomics Society and the Safety Standards Technical Panel for Underwriters Laboratories. David B. Graeven, PhD, is president of Trial Behavior Consulting Inc. in San Francisco. He is an expert at designing and evaluating mock trials, advising on case theory development, jury selection and witness preparation. His experience encompasses hundreds of cases in all areas of litigation including general business, professional liability, toxic torts, intellectual property, insurance bad faith and wrongful termination. In addition to his trial work, Dr. Graeven served on the Board of Directors of the American Society of Trial Consultants. He has published articles in a variety of publications and speaks frequently on such topics as voir dire and jury selection. Michael E. Hutchins is a partner at Kasowitz Benson Torres & Friedman LLP in Atlanta. Mr. Hutchins focuses his practice on environmental litigation, products liability, commercial cases and general civil litigation. He has handled asbestos and toxic tort litigation around the U.S. for the past 17 years. Mr. Hutchins is a member of several state bars and many professional organizations, including DRI. 15

Asbestos Medicine Seminar Janet L. MacDonnell of New Orleans has been defending asbestos personal injury cases since 1987, and has tried several cases, including a consolidation of 130 claims that lasted seven months. She currently serves as national counsel for one client and assists with complicated cases for numerous clients. She was formerly a partner with Deutsch Kerrigan & Stiles LLP in New Orleans and continues an affiliation with that firm, although she is semi-retired. She is admitted to practice in Louisiana, Mississippi and Texas. William F. Mahoney is a partner in the Chicago office of Segal McCambridge Singer & Mahoney Ltd. Mr. Mahoney specializes in the defense of products liability and toxic tort cases. He acts as lead counsel in thousands of toxic tort cases pending across the nation. He is active in many bar organizations, including DRI, and is Vice Chairman of the ABA Committee on Toxic and Hazardous Substances and Environmental Law. Gayla J. McCluskey, CIH, CSP, ROH, OEP, is Principal of Global Environmental Health Services Inc. located in Radnor, Pennsylvania. Global EHS provides comprehensive environmental, health and safety services. Ms. McCluskey is immediate past president of the American Industrial Hygiene Association and served on the AIHA Board of Directors for 10 years. Barry N. Mesher is a partner in the law firm of Lane Powell Spears Lubersky LLP in Seattle. He is chair of the firm s London Insurance and Toxic Tort Practice Groups and a member of the American College of Law and Medicine. He has been involved in multiple toxic tort and environmental litigation cases for over 25 years and serves as national coordinating counsel, regional coordinating counsel and local counsel for a number of asbestos litigation clients. Albert H. Parnell is a trial lawyer and partner in Hawkins & Parnell LLP in Atlanta, Georgia and Charleston, West Virginia, and a partner in the Dallas office of Hawkins Parnell & Thackston LLP. Mr. Parnell is a founding and current member of the DRI Law Institute and is a former member of the DRI Board of Directors. He has tried more than 250 lawsuits to jury verdict in over 25 states. 16

November 11 12, 2004 Victor L. Roggli, MD, is a Professor of Pathology at Duke University Medical Center and the Director of the Electron Microscopy Laboratory at the Durham Veterans Administration Medical Center. His research interests include pneumoconioses, asbestos-related diseases and analytical electron microscopy. Dr. Roggli has published more than 140 articles and 26 chapters in textbooks. He has also written four books, including Microprobe Analysis in Medicine, Biomedical Applications of Microprobe Analysis, and Pathology of Asbestos-Associated Diseases, 1st and 2nd editions. He is a member of the American Thoracic Society, the International Academy of Pathology, the Pulmonary Pathology Society and the U.S.-Canadian Mesothelioma Panel. William J. Sayers is a partner in the Los Angeles office of McKenna Long & Aldridge LLP where he focuses his practice on the defense of product liability and toxic tort lawsuits. His trial practice has included claims involving products liability, legal malpractice and toxic torts. Before joining the firm, Mr. Sayers spent four years as a judge advocate and military judge in the Marine Corps and five years as a prosecutor in the U.S. Attorney s office in Los Angeles. In his years of practice in the area of toxic torts, he has served as national, regional and local counsel for clients involved in claims arising from exposures to formaldehyde, asbestos, beryllium, silica and pesticides. He is a member of DRI and ABOTA. Jeffery E. Spiers is a partner in the Houston office of Andrews Kurth LLP. He has served on the Complex Chapter 11 Bankruptcy Committee commissioned by the Bankruptcy Court for the Southern District of Texas. He was selected as one of eight bankruptcy attorneys in the nation honored in the April 2001 edition of the publication Turnarounds and Workouts as Outstanding Young Bankruptcy Lawyers 2001. Mr. Spiers was selected by his peers as a Texas Super Lawyer as published in the November 2003 edition of Texas Monthly, which honored the top 5 percent of the attorneys in Texas. He is a frequent author on bankruptcy-related topics. Mr. Spiers is a member of the bars of the United States Court of Appeals for the Fifth Circuit, the United States District Courts for the Southern, Northern and Western Districts of Texas, and has been admitted pro hac vice to a number of federal and bankruptcy courts in a variety of jurisdictions. He is also a member of the State Bar of Texas, the Houston Bar Association and the Houston Bankruptcy Bar Association. 17

Asbestos Medicine Seminar DRI SEMINAR SCHEDULE 2004 September 9-10 September 9-10 October 6-10 October 28-29 Construction Law The Westin Kierland, Scottsdale, AZ Nursing Home Litigation The Westin Copley Place, Boston, MA DRI Annual Meeting New Orleans Marriott, New Orleans, LA Intellectual Property Hotel del Coronado, San Diego, CA November 11-12 Appellate Advocacy The Westin New York at Times Square, New York, NY November 11-12 Asbestos Medicine San Diego Marriott Hotel, San Diego, CA December 2-3 Insurance Coverage and Practice Symposium Sheraton New York Hotel and Towers, New York, NY 2005 January 27-28 February 16-18 March 16-18 May 12-13 October 19-23 Civil Rights and Governmental Tort Liability Hotel del Coronado, San Diego, CA Product Liability The Westin Century Plaza Hotel, Los Angeles, CA Medical Liability and Health Care Law Hotel del Coronado, San Diego, CA Drug and Medical Device Litigation Sheraton New York Hotel and Towers, New York, NY DRI Annual Meeting Sheraton Chicago Hotel and Towers, Chicago, IL 18

Join DRI now and register at the member rate a $130 savings! This application/registration form for first-time members only all other registrants please use reverse side. Member Category Male MEMBERSHIP APPLICATION Defense Attorney $195 USD/year Government Attorney $160 USD/year Young Lawyer $125 USD/year [in practice five or less years] Female Name Name as you would like it to appear on badge Company/Firm Address City State/Province Zip/Post Code Country Telephone Fax E-Mail Are you a first-time attendee at this DRI seminar? Yes No Number of attorneys in your firm Primary area of practice Admitted to the Bar in State/Province Month/Year Referred by DRI is committed to the principle of diversity in its membership and leadership. Accordingly, applicants are invited, at their option, to indicate which one of the following may best describe them: African American Asian American Hispanic origin Native American White Other I am a member of a state or local defense organization. Yes No Name of organization To the extent that I engage in personal injury litigation, I DO NOT, for the most part, represent plaintiffs. I have read the above and hereby make application for individual membership. Signature Date All applications must be signed and dated. Registration/Application Fees 3400-0020-21 Seminar Registration: $595 [Member Rate] Asbestos Membership (check one): $195 [Defense Attorney] $160 [Government Attorney] $125 [Young Lawyer] Total Payment Method My check for (USD) is enclosed. Please bill me. Please charge my VISA MasterCard American Express Card Number Expiration Date Signature as it appears on card Please remit payment to: DRI, PO Box 72225, Chicago, IL 60678-2225 Phone: (312) 795-1101 Fax: (312) 795-0747 Website: www.dri.org E-mail: membership@dri.org 2004-0020B

150 North Michigan Avenue Suite 300 Chicago, IL 60601 Please remit payment to: DRI PO Box 72225 Chicago, IL 60678-2225 Questions? Phone: (312) 795-1101 Fax: (312) 795-0747 Website: www.dri.org E-mail: seminars@dri.org Asbestos Medicine Seminar November 11 12, 2004 Advance Registration Deadline: October 22, 2004 (For inclusion on the preregistration list and to receive course materials in advance, register by this date.) PRSRT STD U.S. POSTAGE PAID DRI Name Name as you would like it to appear on badge Company/Firm Address Telephone Facsimile E-mail Are you a first-time attendee at this DRI seminar? Yes No How many attorneys are in your firm? What is your primary area of practice? Registration Fees (If joining DRI to get the member rate, complete the form on the reverse side.) Member: $595 Non-member: $725 Special discount price: $545 (see brochure for eligibility) Course Materials Member: $75 Non-member: $95 Supplemental Materials Punitive Damages after Campbell Member: $50 Non-member: $70 (add $15 for hard copies) (Illinois residents, please add 8.75% sales tax. Shipping charges for U.S. and Canada only: $6.50; international shipping billed at cost. Course materials will ship 4 to 6 weeks after the seminar.) Payment Method My check for (USD) is enclosed. Please charge my VISA MasterCard American Express 3400-0020-21 Asbestos Card Number Expiration Date Signature as it appears on card 2004-0020B