PROFESSIONAL LIABILITY DEFENSE FEDERATION 2014 ANNUAL MEETING AND CLE/CEU PRESENTATION September 17-19, 2014 The Westin Georgetown 2350 M Street, N.W. Washington, D.C. Please join us for fascinating discussions of developments in legal, medical, construction design, cyber, D&O (FDIC), insurance agent/ broker, investment professional (FINRA), and miscellaneous professional liability claims. Gain insights into ACA, MSP and HIPAA best practices, e-discovery management, adjuster/ defense counsel collaboration, challenging life care plans, and preparing clients for litigation anxiety. Ethics leaders will address professional conduct issues arising in jury selection or in the insurer-counsel relationship. Also learn from industry leaders about the state of the professional liability insurance market. Substantive Law Presentations Defending Malpractice Claims Ethics Instruction Trial Tactics Emerging PL Claim Developments Board of Directors Election CLE/CEU Credits Social Hour and Dinner! WELCOME PARTY! Please join your member colleagues for a Welcome Party on September 17, 2014, from 6:00 to 7:45 p.m., in The Westin Georgetown Promenade on the mezzanine level. The Welcome Party is sponsored by:
THURSDAY PROGRAM 8:00 to 8:45am Full Breakfast Buffet (The Promenade) 8:45 to 9:00am Welcome and State of Professional Liability Defense Federation (Washington Ballroom, Conference Level) Chris Jensen, PLDF Managing Director Peter Akmajian, PLDF President 9:00 to 9:50am Cyber Liability: What are the Risks to My Business? Am I Covered? Kenneth M. Labbate, Esq. Jeremy Gittler, Esq. Kenneth M. Labbate Richard J. Monahan, XL Insurance Jeremy Gittler, XL Insurance This presentation will focus on external and internal risks presented to attorneys, accountants, insurance agents and brokers, and real estate professionals when proprietary or confidential information is lost or disclosed. We will discuss internal and external risks to electronically stored data, and potential first and third party exposures. The presentation will additionally address the scope of coverage available under traditional CGL or property policies as well as the scope of first and third party coverage available under cyber-liability policies. Also addressed will be recent court rulings regarding companies responsibility to protect data. 9:55 to 10:45am Adjuster/Defense Counsel Relations in PL Claims Handling Christopher B. Block Jennifer Minnick Edmonds, Great American Insurance Group Christopher B. Block, Esq. Jennifer Minnick Edmonds This presentation will focus on the defense attorney/claims adjuster relationship using actual examples and demonstrating problem-solving skills in a professional malpractice setting. Along with the obvious rules of no surprises and meet our guidelines, we ll tackle the tougher questions about when to ask for collaboration on major issues, what puts the carrier or client on high alert, what pressure does the adjuster feel that lawyers may not appreciate, and what are the signs that defense counsel is over reporting. This interactive discussion will also highlight strategies to avoid the loss of trust and confidence in your defense team colleague. 10:45 to 11:00am Refreshment Break (Washington Ballroom Foyer) 2
THURSDAY PROGRAM 11:00 to 12:00pm Current and Future State of the Professional Liability Insurance Market Timothy J. Gephart, C.P.C.U. Paul M. Ablan, J.D., C.P.C.U. Timothy J. Gephart, Minnesota Lawyers Mutual Insurance Paul M. Ablan, OneBeacon Professional Insurance Nick Tzaneteas, Transatlantic Re William J. McDonough, MMIC Group Mark P. Synnott, Willis Re A troubled economy over the recent past has affected the professional liability insurance marketplace in a number of different ways. This panel of experts will discuss the ways in which the market has been affected, and what the future holds. The panel will present views from the primary, reinsurance and broker vantage points. Having an idea of what might be expected will help all prepare for the future. Nick Tzaneteas William J. McDonough, R.P.L.U. Mark P. Synnott 12:05 to 12:45pm Luncheon (The Promenade) Sponsored by: Balestreri Potocki & Holmes Sullivan & Worcester, LLP 12:45 to 1:15pm Luncheon Speaker: Paul D. Clement, Bancroft, PLLC Supreme Court Review and Preview Paul D. Clement, Esq. 1:20 to 2:10pm Three Presentation Choices: Geoffrey A. Bryce, Esq. Defense of Construction Design Claims: Liability Theories and Defenses, Contractual Limitations, Third Party Liability, Role of Building Codes, and Trial Tactics Geoffrey A. Bryce Design professionals face liability exposures for injuries caused by worksite accidents and for failure of the construction work to conform to plans and specifications. Even though GCs are required to name the design professionals as additional insureds, coverage disputes continue to plague architects and engineers. This presentation will identify these risks and offer strategies for mitigating the potential exposure. 3
THURSDAY PROGRAM Andrew W. Doug Holthus, Countryman, Esq. Esq. Survey of Specific LPL Claim Defenses (Thomas Boardroom) Andrew W. Countryman Doug Holthus When is client contributory negligence in play? Can retention letters reduce claim risk? Is plaintiff a client? Is mandatory arbitration possible? Does liability extend beyond the scope of work? Are disciplinary rules admissible? Can they be jury instructions or serve as the basis for expert opinion? Are disciplinary investigations and outcomes admissible? These and other questions will be explored in this discussion-provoking segment. Marion J. Patchen, Esq. Preparing the Defendant Physician for the Informed Consent Case (Dupont Room) Marian J. Patchen Informed consent is a process that will be explored in this segment. This concept serves as the foundation for the defense of the case. Credibility plays a major role. For the jury to find that the doctor failed to obtain the patient s informed consent, the jury essentially has to conclude that the doctor was dishonest or made a misrepresentation. But the jury need not reach that conclusion as to plaintiff to find for the physician because the jury can simply conclude that the patient did not understand the information. Thus, in a pure informed consent case, the doctor must earn the jury s trust to win. 2:15 to 3:05pm Three Presentation Choices: Rodney R. Cate, Esq. Walter J. Price III, Esq. James E. Looper, Jr. Esq. Defense of Injury Causation In Cerebral Palsy and Shoulder Dystocia Births, and Birth Injury Damages Claims in General Rodney R. Cate James E. Looper, Jr. Walter J. Price, III Birth injuries often involve catastrophic loss leading to malpractice claims. This presentation will describe causation strategies helpful in high value shoulder and cerebral palsy contexts, and will offer guidance on approaches to defense of the damages claims in these cases to reduce outcome severity through jury acceptance of defense-themed advocacy. 4 Albert J. D Aquino, Esq. Goliath vs. David: Defending the FDIC s Aggressive Claims Against Failed Bank Leaders and Counsel (Thomas Boardroom) Albert J. D Aquino After the enormous payouts the FDIC made to insured depositors following the 2008 market collapse, it became an active litigant to recover its losses from former bank D & O targets and even from service professionals to the banks. Federal law makes the FDIC a Goliath to battle with, giving it special litigation tools and scope of claims. Those who insure and defend attorneys sued by the FDIC need to know the playing field.
THURSDAY PROGRAM W. Barry Montgomery, Esq. Defense of Non-Traditional, Often Non-Licensed, Professionals (Dupont Room) W. Barry Montgomery Edmund G. Chip Farrell Non-traditional professional liability claims continue to grow as our economy becomes ever more service-oriented and new specialties emerge. Personal trainers, credit counselors, credit Edmund G. bureaus, collection agencies, employment agencies/executive searchers, mortgage brokers, Farrell, Esq. translators and various other consultants have had claims of professional negligence made against them. Miscellaneous Professional Liability ( MPL ) insurance provides coverage to these non-traditional professionals. The panelists will discuss various examples of these kinds of claims, and the unique challenges involved in defending a professional whose standard of care is not always well regulated or defined. An overview of common MPL policy terms, conditions and exclusions will be examined as well. 3:05 to 3:20pm Refreshment Break (Washington Ballroom Foyer) 3:20 to 4:10pm Three Presentation Choices: Rolf E. Sonnesyn, Esq. Insurance Producer and Carrier Tensions When an Insurance Claim Goes Sour Rolf E. Sonnesyn An insurer denies a claim. That often prompts the insured to sue the agent because the insured is dissatisfied with the policy. What are the rights and liabilities of the agent and insurer to one another? What are the different tactics to consider? Mark V. Gende, Esq. James C. Goodwin, Esq. Medical Potpourri: Anesthesiology Claims and National Practitioner Data Bank Practices Update (Thomas Boardroom) Mark V. Gende James C. Goodwin This presentation will cover an overview of defense of anesthesiology claims, some emerging trends, and will discuss how technology can influence exposure in anesthesiology cases. Also addressed will be NPDB reporting obligations, exceptions and consequences for failure to file, and approaches to managing client reactions to NPDB reporting realities. Anthony E. Abeln, Esq. Noel B. Dumas, Esq. Emerging Tort Risks in Medicinal Marijuana (Dupont Room) Anthony E. Abeln Noel B. Dumas The prescribed use of marijuana is regulated through multiple schemes, and will open professionals to a host of potential liabilities. This presentation will focus on the regulatory schemes and will explore the issues of liability raised thereby. It will also focus on other exposures facing practitioners who prescribe marijuana when injuries occur, when drug abuse follows, or when adverse drug interactions occur. 5
THURSDAY PROGRAM 4:15 to 5:05pm Three Presentation Choices: Paul C. Catsos, Esq. Challenging Life Care Plans in Catastrophic Injury Cases Paul C. Catsos A significant method for plaintiffs to expand their claim to damages is by projecting future medical needs, often decades into the future. This presentation will focus on practical approaches to challenging both the foundation for, and opinions of, a life care planner and suggest competing evidence to be offered, from prescription medications, including opiates, to present value assessments. Thomas D. Jensen, Esq. Thomas R. Nolasco, Esq. Defense of Financial Professionals: Securities Litigation in the FINRA Arbitration Setting (Thomas Boardroom) Thomas D. Jensen E&O claims asserted against investment professionals on grounds of misrepresentation, unsuitability, portfolio churning, or unauthorized trading often require arbitration pursuant to Financial Industry Regulatory Authority rules. This discussion will introduce malpractice defense practitioners to the FINRA process. e-discovery Update (Dupont Room) Thomas R. Nolasco This program will focus on the changes and challenges parties face related to electronic discovery. In addition to discussing case law updates and potential e-discovery sanctions, attendees will learn the landscape of Electronically Stored Information (ESI) and explore policies for ESI identification, preservation and collection. This program will also provide discovery questions for ESI/IT players and cost-saving strategies for clients through process efficiencies. 7:00pm Member Social Hour (Sequoia Restaurant) Sponsored by: Huie, Fernambucq & Stewart, LLP NAMIC Insurance Company, Inc. 8:00pm Member Dinner (Sequoia Restaurant) 6 Sponsored by: Burke Cromer Cremonese, LLC Burns White, LLC Bush & Augspurger, P.A. Carr Allison Fineman Krekstein & Harris, P.C. Frazer Greene Upchurch & Baker, LLC Haight Brown & Bonesteel, LLP Lind Jensen Sullivan & Peterson, P.A. McDaniel Acord, PLLC Minnesota Lawyers Mutual Insurance Company Tomsche Sonnesyn & Tomsche, P.A. Starnes Davis Florie, LLP Udall Law Firm, LLP Wicker Smith O Hara McCoy & Ford, P.A.
FRIDAY PROGRAM 8:00 to 8:55am Committee Meetings Full Breakfast Buffet (Chevy Chase Room) 9:00 to 9:50am Preparing the Client for Deposition, Trial, Winning, and Losing Michael E. Upchurch Michael E. Upchurch, Esq. A great deal on emphasis is placed on developing trial skills such as cross-examination techniques and effective opening statements. This presentation addresses the often overlooked skill of managing the client, from the initial meeting through trial and appeal. Topics include inspiring confidence, preparing your client for the highs and lows of litigation, dealing with the emotional or stoic client, preparing your client to peak at the right time, and the responsibilities and pitfalls of keeping the client informed. Real world examples and scenarios of client relationship successes and failures will be discussed. Members of the audience will be encouraged to participate in the conversation. 9:55 to 10:55am An Ethical Choice: Robert E. Cooper, Esq. Dean John L. Carroll Ethics in Jury Selection: Discovery of Juror Misrepresentation and Effects of Social Media Robert E. Cooper John L. Carroll This presentation will explore the ethical obligations and limitations that apply to lawyers when investigating potential (or seated) jurors, and what the lawyer s obligations may be if the lawyer becomes aware of a juror not providing a truthful answer during voir dire. The discussion will assess the issues in light of the applicable Rules of Professional Conduct in the context of the increasing availability and use of various forms of social media. Erin K. Higgins, Esq. Ellen M. McCarthy, Esq. Common Ethical Issues for Professional Liability Practitioners (Thomas Boardroom) Erin K. Higgins Ellen M. McCarthy, Swiss Re Thomas B. Mason Insurers and outside defense counsel face an array of ethical challenges that go beyond the simple who is the client issue. For example, must defense counsel report information learned during discovery that might adversely impact coverage? May defense counsel institute a thirdparty action against another insured? Does an attorney s role as defense counsel conflict them out of cases adverse to the insurer client, and even affiliates/subsidiaries of the insurer client? Finally, are the answers to these questions different for panel counsel vs. independent counsel? In this interactive panel discussion, we will hear views on these and other issues from defense counsel, claims counsel, and an ethics advisor. Thomas B. Mason, Esq. 7
FRIDAY PROGRAM 10:55 to 11:10am Refreshment Break (Washington Ballroom Foyer) 11:10 to 12:00pm Statutory Rapid Fire: Affordable Care Act, Medicare Set Asides and HIPAA Erik P. Crep, Esq. Stuart T. O Neal, III, Esq. Erik P. Crep, Esq. Stuart T. O Neal, III, Esq. This fast paced presentation will focus on three almost ubiquitous statutory legal mazes: (1) whether provisions of the Patient Protection and Affordable Care Act can be used to attack damages claims; (2) update on Medicare Secondary Payer Act compliance and issues remaining now that the process has matured; and (3) evaluation of privacy and other litigation triggers presented by the Health Insurance Portability and Accountability Act. 12:00 to 12:15pm Award Presentation and Board Election 12:15pm Adjourn 12:15 to 1:30pm Luncheon of the Board of Directors 8
SEMINAR PRESENTERS Anthony E. Abeln is a partner in the Boston office of Morrison Mahoney LLP. His practice areas include professional liability defense, hospital and medical law, product liability, pharmaceutical litigation, multidistrict medical device litigation, commercial litigation and environmental law. Tony has written extensively on evidentiary law, civil procedure, and the nature of judicial decision-making in the Commonwealth. He has also served as a judge in mock trial and moot court competitions held by area law schools. Tony also serves as an adjunct legal research and writing professor at New England Law/Boston. He is Chair of the Other Healthcare Committee of PLDF. He can be reached at aabeln@morrisonmahoney.com. Paul M. Ablan is President of the Professional Liability Group at OneBeacon Professional Insurance. He oversees several lines of professional insurance, including lawyers, design professionals, content, technology, network security and insurance brokers. Paul began his career as an attorney in private law practice and entered the insurance industry in 1991. Before joining OneBeacon in 2005, he held a variety of professional liability and public entity management positions within the U.S. and international operations of The St. Paul. Paul received his B.A. from Hamline University in 1982 and his J.D. from the University of Minnesota Law School in 1985. He can be reached at pablan@onebeaconpro.com. Christopher B. Block is special counsel with Marshall Dennehey Warner Coleman & Goggin in the Roseland, New Jersey office. Chris defends professional negligence claims against lawyers, real estate agents and brokers, insurance agents and brokers, appraisers, architects and engineers. He graduated from Widener University School of Law (J.D. 1996) and from the University of Pittsburgh (B.S. 1993). Chris is admitted to practice in the state courts of New York and New Jersey, and the federal court in New Jersey. He is Vice Chair of PLDF s Real Estate Claims Committee. He can be reached at cbblock@mdwcg.com. Geoffrey A. Bryce is managing partner at Bryce Downey & Lenkov LLC in Chicago. Geoff concentrates in commercial and construction transactions and litigation. He represents developers, owners, facility management companies, architects, general contractors, subcontractors, developers, engineers and material suppliers. His litigation practice includes: product liability, insurance coverage, personal injury, property damage, real estate, landowner-contractor disputes, annexation, condemnation, zoning, breach of contract, restrictive covenant, construction defect, architectural/engineering malpractice, breach of surety agreement, and delay claims arising out of construction/development projects. He can be reached at gbryce@bdlfirm.com. John L. Carroll is Dean of Cumberland School of Law, Samford University, Birmingham, Alabama. He teaches Federal Courts, Complex Litigation, Mediation, Evidence, Trial Practice and an on-line course in E-Discovery and Evidence. He received his undergraduate degree from Tufts University and holds law degrees from Cumberland (magna cum laude) and Harvard. John also served as a United States Magistrate Judge in the Middle District of Alabama for over 14 years. Before that he was the Legal Director of the Southern Poverty Law Center in Montgomery, Alabama, and has twice argued cases before the United States Supreme Court. Rodney R. Cate received his J.D. degree from the University of North Carolina at Chapel Hill. He is a partner in the Hand Arendall firm in Mobile, Alabama. Rod is in his 22nd year of practice and specializes in medical malpractice defense. He has defended physicians in almost every conceivable practice area, including neurologists, psychiatrists, ER physicians, and others. In particular, he has defended obstetricians in multiple birth injury cases. Rod is AV rated by Martindale-Hubbell. He is listed in the publication Best Lawyers of America for Medical Malpractice Defense. He can be reached at rcate@handarendall.com. Paul C. Catsos began practicing law in Maine in 1989 and New Hampshire in 2009. At Thompson Bowie, LLP in Portland, Maine, his practice is focused on civil litigation, including professional and products liability. Paul is an Adjunct Assistant Professor at the University of New England s College of Pharmacy, where he assists with courses on pharmacy law and ethics as well as healthcare litigation. He presently serves as Maine s Vice President to the Tri-State Defense Lawyers Association. Paul graduated from Cornell University in 1982 and worked as a claims supervisor while attending Suffolk University Law School, where he graduated cum laude in 1989. He can be reached at pcatsos@thompsonbowie.com. 9
SEMINAR PRESENTERS Paul D. Clement is a partner at Bancroft PLLC in Washington, D.C., and served as the 43rd Solicitor General of the United States. He has argued over 70 cases before the United States Supreme Court and argued more Supreme Court cases since 2000 than any other lawyer. Mr. Clement holds degrees from Georgetown, Cambridge University and the Harvard Law School, where he was the Supreme Court editor of the Harvard Law Review. He clerked for Supreme Court Justice Scalia and D.C. Circuit Judge Silberman. He serves as an adjunct professor of law at Georgetown and is a Senior Fellow at its Supreme Court Institute. He can be reached at pclement@bancroftpllc.com. Robert E. Cooper of Christian & Small LLP in Birmingham, Alabama, has tried more than 150 cases to a jury verdict. He devotes much of his practice to defending clients in the health care and medical device, manufacturing, and the insurance industries. Bob also represents clients before agencies that regulate professional conduct. In addition to being a member of PLDF, he is a member of the International Academy of Trial Lawyers, FDCC, IADC, DRI, and the ADLA. Bob graduated from the University of Alabama School of Law, is AV rated in Martindale-Hubbell, listed in Best Lawyers in America and Alabama Super Lawyers. He can be reached at recooper@csattorneys.com. Andrew W. Countryman is a partner at Carlock, Copeland & Stair, LLP s Charleston, South Carolina office. He defends professionals, including doctors and healthcare facilities, lawyers, architects and engineers. A portion of Andy s practice also includes general liability matters. Andy carries a BV Distinguished rating with Martindale-Hubbell, and Super Lawyers magazine named him a Rising Star for 2013 and 2014. Andy is Co-Chair of PLDF s Legal Malpractice Committee. He earned his law degree from the University of South Carolina in 2005 after obtaining his undergraduate degree from Davidson College in 2002. He can be reached at acountryman@carlockcopeland.com. Erik P. Crep is a partner at Wicker, Smith, O Hara, McCoy & Ford, P.A. and practices in the firm s Miami, Florida office. He received his undergraduate degree from Columbia University and his law degree from University of Miami. He provides representation in the area of medical malpractice, legal malpractice, D&O and E&O. Florida Super Lawyers magazine named him a Rising Star in 2010, 2013 and 2014. Erik is a board member and Treasurer of PLDF. He can be reached at ecrep@wickersmith.com. Albert J. D Aquino is Chair of the Complex Litigation Practice Group and founding member of Goldberg Segalla LLP. Al practices with the firm s Buffalo, New York office; he has a long and successful track record of defending attorneys, physicians and other medical practitioners, and a wide variety of other professionals against claims of malpractice and malfeasance. Al is a former PLDF President, has been named a Super Lawyer from 2008 to 2014, and he is listed in Best Lawyers in America 2013-2014 for expertise in insurance and legal malpractice law. He can be reached at ajdaquino@goldbergsegalla.com. Noel B. Dumas is a partner in the Boston office of Morrison Mahoney LLP, where he has accumulated over a decade of trial and civil litigation experience. Noel s practice has concentrated in the areas of professional liability and aviation law. With respect to his professional liability work, Noel primarily focuses on the defense of physicians, nurses and other healthcare providers. Noel s practice encompasses all of the state courts within the Commonwealth of Massachusetts and the State of New Hampshire, in addition to the United States District Court (District of MA and NH) and the United States Court of Appeals (1st Circuit). He can be reached at ndumas@morrisonmahoney.com. Jennifer Minnick Edmonds is a Claim Specialist at Great American Insurance Company in Cincinnati, Ohio. She graduated from Thomas More College and then matriculated at Salmon P. Chase College of Law in Highland Heights, Kentucky in 2006, and is licensed to practice law in Kentucky. Prior to becoming a Claim Specialist, Jennifer s law practice focused in the areas of professional liability, product liability, inland marine, and excess insurance and umbrella coverage claims. 10
SEMINAR PRESENTERS Edmund G. Farrell is Chair of the Appellate Law and Co-Chair of the Professional Liability practice groups of Murchison & Cumming, LLP in Los Angeles. He has represented attorneys, architects and engineers, insurance brokers and other professionals in the defense of various claims of malpractice, sexual harassment and breach of fiduciary duties. Mr. Farrell is a certified appellate specialist and has been involved in the handling of over 200 appeals and writ petitions before the California Supreme Court, the California Court of Appeal, and the federal Ninth Circuit Court of Appeals. He also regularly handles matters for the London insurance market. He can be reached at efarrell@murchisonlaw.com. Mark V. Gende is a shareholder with the firm of Sweeny, Wingate and Barrow, P.A. in Columbia, South Carolina. Mark practices civil litigation defense primarily in the areas of medical malpractice, nursing home and assisted living facilities, and complex litigation ranging from personal injury to products liability matters. He also litigates construction, trucking, retail, and other professional liability cases and has litigated in all South Carolina state courts, the Federal District of South Carolina and the Fourth Circuit Court of Appeals. He is a magna cum laude graduate of the Michigan State University College of Law and is admitted to practice in South Carolina and Michigan. He can be reached at mvg@swblaw.com. Timothy J. Gephart has served as Vice President of Claims at Minnesota Lawyers Mutual Insurance Company since 1985. He is an adjunct professor at the University of St. Thomas School of Law, where he teaches a course on legal malpractice. Gephart served two three-year terms on the Minnesota Lawyers Professional Responsibility Board and the State Board of Legal Certification, and is now serving on the Board on Judicial Standards. He is a member of the Minnesota State Bar Association and was a recipient of the 2003 MSBA President s Award as a member of the task force on the ABA Model Rules of Professional Conduct. Tim, a CPCU, can be reached at tjg@mlmins.com. Jeremy Gittler manages the Cyber/Technology/Media Liability claims group at XL Insurance. His team coordinates and implements data breach response and crisis management services for XL insureds that suffered a cyber-attack. They also evaluate coverage and draft analyses pursuant to cyber, technology, media, and miscellaneous professional liability policies. Jeremy advises senior management, underwriters, brokers and insureds on coverage, litigation/dispute resolution strategies, and the business impact of lawsuits. Earlier in his career Jeremy practiced with the law firm Wilson Elser Moskowitz Edelman & Dicker in New York. He graduated with honors from Emory University with a B.A., and obtained his J.D. from Benjamin N. Cardozo School of Law. James C. Goodwin is a shareholder at Sanders & Parks, P.C., in Phoenix where he manages a practice focused primarily on complex civil litigation and medical malpractice defense. Jim has dedicated a significant portion of his practice to defending physicians in general, and anesthesiologists, in particular. He began his career as a criminal prosecutor, where he learned to love the fast-paced environment of the courtroom. Since graduating from the University of Arizona College of Law in 1996, Jim has successfully taken over fifty jury trials to verdict. He has an AV rating with Martindale-Hubbell. He can be reached at james. goodwin@sandersparks.com. Erin K. Higgins is a partner with Conn Kavanaugh in Boston, Massachusetts. She is Co-Chair of the firm s Professional Liability Practice Group and a former Co-Chair of the Boston Bar Association s Professional Liability Committee. She also serves as her firm s Risk Management Partner. Erin is a graduate of Georgetown University and Boston College Law School (J.D. cum laude 1991). Her PL practice includes the defense of attorneys in malpractice and disciplinary proceedings, and the defense of insurance agents and brokers facing E&O claims. Erin has been named a Massachusetts Super Lawyer each year since 2004. She can be reached at ehiggins@connkavanaugh.com. Doug Holthus practices with Poling Law in Columbus, Ohio. He defends claims of professional negligence, personal injury and wrongful death, product liability, employment discrimination, and miscellaneous business disputes in state and federal courts. Doug earned his B.A. from Wittenberg University, and is a graduate of the Capital University School of Law. He is a published author and has presented on various topics to multiple professional groups and for continuing education courses on topics ranging from insurance coverage and claims issues to trial advocacy. He has received a Martindale-Hubbell AV rating and has been recognized by Columbus CEO Magazine as a Top Lawyer in the community. He can be reached at dholthus@poling-law.com. 11
SEMINAR PRESENTERS Thomas D. Jensen is a shareholder with Lind, Jensen, Sullivan & Peterson, P.A., in Minneapolis, Minnesota. His practice emphasizes the defense of professional and product liability claims, the defense of physicians in board discipline matters, and the representation of insurers in declaratory judgment coverage litigation. Licensed in Minnesota, North Dakota and Wisconsin, Tom is certified by the National Board of Trial Advocacy, is a member of ABOTA, holds the AV peer-reviewed rating, and has been named Super Lawyer in civil litigation defense from 2003 to the present. He serves as editor of the Professional Liability Defense Quarterly. He can be reached at thomas.jensen@lindjensen.com. Kenneth M. Labbate practices with with Mound Cotton Wollan & Greengrass in New York City. He has over 20 years experience in defending complex civil litigation for professionals including accountants, attorneys, insurance agents & brokers, architects & engineers, land surveyors, title companies, real estate brokers & appraisers and others. Mr. Labbate also handles declaratory judgment actions on behalf of insurers involving issues arising under Professional Liability, Directors & Officers and Cyber/Technology/Media liability policies. Ken is admitted to practice in New York and Connecticut. He is a graduate of the State University of New York at Albany and Hofstra Law School. He can be reached at klabbate@moundcotton.com. Prior to attending law school, James E. Looper, Jr. attended graduate school in pharmacology and medical school. Following graduation from law school, he joined Hall Booth Smith, P.C., and now serves as co-managing partner of its Nashville, Tennessee office. His practice is centered on medical-related issues, complex litigation and alternative dispute resolution. James has had numerous jury trials in Georgia and Tennessee and currently serves as the assistant chair of the firm s Medical Malpractice Practice Group. He is peer review rated AV with Martindale-Hubbell, and in 2012-2014 Nashville Medical News InCharge Healthcare named him to the list of key decision-makers in Nashville s healthcare industry. He can be reached at jlooper@hallboothsmith.com. Thomas B. Mason works almost exclusively in the areas of professional responsibility and legal ethics. Mr. Mason, chair of Zuckerman Spaeder LLP s Legal Profession and Ethics Practice, served three terms as chair of the Washington, D.C. Bar Legal Ethics Committee. He represents attorneys and law firms in a variety of matters, including conflicts of interest, confidentiality, disciplinary investigations and prosecutions, partner departures, and law firm breakups. Mr. Mason was selected as the 2014 Washington, D.C. Ethics and Professional Responsibility Law Lawyer of the Year by Best Lawyers. He can be reached at tmason@zuckerman.com. Ellen Marth McCarthy is a Vice President and Claims Expert at Swiss Re Corporate Solutions in Severna Park, MD, teleworking out of its Overland Park, KS office. Ellen joined a predecessor of Swiss Re in 1996 as a lawyers professional liability claims specialist and has handled professional advisors claims in a variety of capacities over the past 18 years. She currently manages complex attorney malpractice and insurance agent errors and omissions claims. She graduated from McDaniel College with a B.A. and earned a J.D. from the University of Baltimore School of Law. She holds CPCU and RPLU certifications, and can be reached at ellen_mccarthy@swissre.com. William J. McDonough is President and CEO of MMIC Group (Constellation, MMIC Insurance and UMIA Insurance), headquartered in Minneapolis, Minnesota. Mr. McDonough has worked in the insurance industry for more than 35 years, the last 28 focusing on medical professional liability insurance. Prior to joining MMIC, McDonough was President and CEO of Princeton Insurance Company, headquartered in Princeton, New Jersey. He graduated from Temple University with Bachelor of Arts degrees in marketing and education. He also earned an MBA in Finance from the University of Phoenix and holds the RPLU (Registered Professional Liability Underwriter) designation. 12
SEMINAR PRESENTERS Richard J. Monahan joined XL Insurance in 2003 and is currently the Head of XL Select Professional Claims. For the last 19 years, Rick has managed various Professional Liability E&O lines of business, including miscellaneous, real estate, lawyers, insurance agents and brokers, dentists, accountants, public entities (law enforcement, public officials and educators liability), and cyber/technology/media liability. He also concurrently served as Head of XL Design Professional from 2009-2011. Rick earned a Bachelor s of Science & Business Administration degree from American International College and received the CPCU designation from the American Institute for Chartered Property Casualty Underwriters and the RPLU designation from PLUS. W. Barry Montgomery is a partner with Kalbaugh, Pfund & Messersmith in the firm s Richmond, Virginia office, and is licensed to practice in Virginia and West Virginia. He began his career prosecuting criminal cases in the United States Attorney s Office and then went into private practice concentrating in civil commercial defense litigation. Mr. Montgomery represents various professionals and professional liability insurers in malpractice cases and before administrative licensing agencies. He also represents employers in EPL litigation. Mr. Montgomery is a board member and immediate past chair of the Miscellaneous Professional Liability Committee of PLDF. He can be reached at barry.montgomery@kpmlaw.com. Stuart T. O Neal, III is a member of Burns White LLC in its Philadelphia-area office, where he maintains a state-wide practice. He is a Co-Chair of the firm s Professional Liability Group and was named Burns White s first Chief Privacy Officer in 2014. After graduating from the Villanova University School of Law, Stuart commenced his private practice emphasizing the defense of medical facilities, long term care facilities, hospitals, physicians, and other professional liability claims. He is a board member and Past President of PLDF. He can be reached at soneal@burnswhite.com. Thomas R. Nolasco is a shareholder with Engelman Berger, P.C., in Phoenix, and practices in the areas of accounting malpractice, legal malpractice, intellectual property and commercial litigation. Mr. Nolasco served as Co-Chair of the Accounting Malpractice Committee of PLDF and the Intellectual Property Group for USLAW. He is a member of the state bars of Arizona and Wisconsin, and has been retained as an expert witness on legal malpractice matters. Tom received his law degree from Marquette University and his M.B.A. from Thunderbird. He can be reached at trn@eblawyers.com. Marion J. Patchen is a shareholder with Matis Baum O Connor in Pittsburgh, Pennsylvania. She has extensive experience representing physicians in medical malpractice cases including the specialties of interventional cardiology, OB/ GYN, plastic surgery, urology, radiology, interventional radiology, family practice, internal medicine, nephrology, orthopedic surgery, ophthalmology, general surgery, cardiothoracic surgery, gastroenterology, emergency medicine, pathology, neurology, otolaryngology and pediatrics. Marian graduated from the University of Michigan and Duquesne University School of Law, and is licensed to practice in Pennsylvania, Ohio and West Virginia. She can be reached at mpatchen@mbo-pc.com. Walter J. Price, III is a partner in the Birmingham, Alabama law firm of Huie, Fernambucq & Stewart, LLP. For 25 years he has actively engaged in defending medical malpractice, professional errors and omissions, and insurance extra-contractual litigation. During that time he has tried wrongful death and personal injury cases on behalf of healthcare providers throughout the State of Alabama. Walter is a graduate of Auburn University and the University of Alabama School of Law. He was selected by his peers for inclusion in Best Lawyers in America, 2012-2014, and has been named in the Top Attorneys in Birmingham, Birmingham Magazine. He can be reached at wprice@huielaw.com. Rolf E. Sonnesyn practices with Tomsche, Sonnesyn & Tomsche, P.A. in Minneapolis, Minnesota. Rolf is engaged in a general defense practice with a special emphasis in the defense of insurance agents and brokers in breach of fiduciary duty and related claims. After graduating summa cum laude from the University of Minnesota with a B.A. degree, Rolf matriculated to William Mitchell College of Law in St. Paul from which he graduated in 1981. He is a board certified Civil Trial Specialist and practices in both Minnesota and Wisconsin. Rolf can be reached at rsonnesyn@tstlaw.com. 13
SEMINAR PRESENTERS Mark P. Synnott is an Executive Vice President and member of Willis Re North America s Professional Liability and Healthcare practice groups. Mark has over 30 years of broking and underwriting experience in reinsurance and ran Willis Re North America s London office before relocating to the company s Chicago office in 2013. Prior to joining Willis in 2009, Mark held various broking and management positions at Guy Carpenter, Aon and Carvill and was joint deputy underwriter at the Jago syndicate at Lloyd s. Mark received his B.A. from Oxford University. He can be reached at mark.synnott@willis.com. Nick Tzaneteas is Executive Vice President and head of North American Professional Liability at TransRe. He has twenty-plus years of experience in underwriting diverse classes of business including healthcare professional and D&O/E&O liability. Prior to joining Transatlantic, Nick spent seven years at Travelers Insurance Company as a serious injury claims handler in the National Account Division of the New York Region. Nick received his Bachelor of Science degree in Business Administration from Fordham University in New York City. He can be reached at ntzaneteas@transre.com. Michael E. Upchurch is a partner with the Mobile, Alabama defense firm Frazer, Greene, Upchurch & Baker. Mr. Upchurch has been representing healthcare providers, police officers, accountants, engineers, and other individual professionals for over 30 years. He is a director of the Alabama Defense Lawyers Association and the immediate past president of the Mobile Bar Association. Mr. Upchurch is a Best Lawyer, Super Lawyer, and is a member of the International Society of Barristers, the Alabama Law Foundation and numerous other legal organizations. Michael received his J.D. degree from the University of Virginia, and his undergraduate degree from James Madison University, summa cum laude. He can be reached at meu@frazergreene.com. 14 SEMINAR REGISTRATION Fee for the seminar for early registrants is $599.00 for PLDF members and $699.00 for non-members. After August 20, 2014, the fee is $649.00 for PLDF members and $749.00 for non-members. The fee includes programming, meals at the event venue, refreshments, CLE/CEU credits (in process), Welcome Party, and the member only Social Hour and Dinner. (Members guests may attend the Social Hour and Dinner for an additional fee of $100.00.) PLDF maintains a financial aid policy dated August 1, 2010 for those seeking registration fee accommodation based upon individual circumstances. Call PLDF for information pertaining to the program. A full refund will be issued for cancellations received on or before September 3, 2014. Registration: Visit www.pldf.org to register electronically or mail your registration fee to Professional Liability Defense Federation, 1350 AT&T Tower, 901 Marquette Avenue South, Minneapolis, MN 55402. LODGING ARRANGEMENTS PLDF s 2014 Annual Meeting and CLE/CEU Presentation will be held at The Westin Georgetown, 2350 M Street, N.W., Washington, D.C. 20037. We have reserved a limited number of rooms on September 17 and September 18 at a preferential daily rate of $275.00 for this conference (good through August 18, 2014). Call (800) 228-3000 for the PLDF rate and reservations. Or login to The Westin s site at: https://www. starwoodmeeting.com/stargroupsweb/res?id=1403143694&key=4bb45. We encourage attendees to register early to secure space at The Westin. Thank you.
OUR SPONSORS WITH THANKS! L A W O F F I C E S O F FRAZER G REENE FRAZER, GREENE, UPCHURCH & BAKER, LLC 15
CLE/CEU CREDITS The manner in which state CLE accreditation rules determine the number of credits available from this seminar will vary, as they do for all seminars. We do expect each presentation offered at this seminar will receive credit. Inasmuch as written materials or presentation slides frequently are not produced until shortly before the seminar, and some states wish to review the materials as part of the credit evaluation process, we will alert members from such states when the credits are determined after the seminar. We will receive many credit approvals in advance of the seminar and will have that information available to attendees at the meeting. We expect to receive approximately nine CLE credits for this program, including at least one ethics credit we will apply for. Professional Liability Defense Federation is a registered provider of continuing education courses for agents and adjusters under the Texas Insurance Code (Provider Number 65013). We will submit portions of this course for credit approval through the Texas Department of Insurance. Please note that programs eligible for adjuster CEU credits require that the programming be adjuster not necessarily lawyer - focused. Therefore we expect that fewer adjuster credits will be granted for this program than will be granted for lawyers. SOCIAL HOUR/DINNER! OTHER INFORMATION AND Q & A Sequoia Restaurant 3000 K Street N.W. Washington, D.C. 20007 (202) 944-4200 (www.sequoiadc.com) Business casual dress is appropriate for this program. For more information contact: Christine S. Jensen Managing Director Professional Liability Defense Federation 1350 AT&T Tower 901 Marquette Avenue South Minneapolis, MN 55402 (612) 481-4169 cjensen@pldf.org An Association of Malpractice Defense Professionals www.pldf.org