Feb 17, 2017 - Chutes and Ladders: Making it to the Top of the Excess Insurance Towerâ Join the panel as they ... Mana
Insurance Coverage Litigation Committee CLE Seminar Loews Ventana Canyon / Tucson, AZ
March 1–4, 2017
$50 R eg for In istration -Ho Coun use Atten sel dees
www.ambar.org/litigationinsurance
This course is expected to qualify for 14.1 hours of MCLE credit (including 2.1 hours of ethics credit) in 60-minute states and 17.0 hours of MCLE credit (including 2.6 hours of ethics credit) in 50-minute states.
#LitigationInsurance
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Why You Should Attend Learn about the very latest developments in insurance law from leading lawyers and insurance professionals at the 29th Annual Insurance Coverage Litigation Committee CLE Seminar. Join us for cutting-edge and informative plenary, breakout and roundtable programs, valuable networking events, and diverse outdoor activities only Tucson in the spring can offer. This year’s meeting will feature the same high-quality programming that has attracted insurance practitioners from all over the United States and other parts of the globe for nearly 30 years. We will repeat our past successful efforts to encourage more in-house counsel attendance: For our colleagues who are employed in-house at insurance or policyholder companies, we are offering registration for just $50. We hope you will join us in Tucson to make this another record-setting year!
What You Will Learn • • • • • • • •
The Art of the Appeal: Making Your Insurance Case Clear, Concise, and Persuasive— Don’t miss it! Tips for Insurance Trial Lawyers: Communicating with Judge— Join us for this packed panel offering valuable insight directly from the bench! Chutes and Ladders: Making it to the Top of the Excess Insurance Tower— Join the panel as they navigate the maze of issues that arise when excess coverage is at issue. The Bad Faith Trial: From Complaint to Verdict— A comprehensive guide from beginning to end! It’s All About the Benjamins: How Policyholders Can Work with Brokers, Claims Consultants, and Insurers to Minimize Delay and Maximize Recovery for Complex Property and Business Interruption Losses— Learn tips on strategies for handling this often complex process. Prying Eyes: Protecting the Confidentiality of Defense and Claim Files— Obtain new insights for handling this repeated litigation challenge. Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Cases Shed Light on Perennially Difficult Issues in Products-Related Coverage— This program is certain to captivate and educate all who attend. Risky Business with Cyber Insurance— Sunglasses Not Optional— You heard it here first!
Who Should Attend • • •
Attorneys who practice in the area of insurance coverage. In-house counsel for insurance or policyholder companies. (Take advantage of the $50 registration fee!) Anyone interested in an update on the latest developments in insurance law from leading trial lawyers, experts, and members of the judiciary.
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Schedule at a Glance* Wednesday, March 1 2:00 pm – 6:00 pm
Registration
5:30 pm – 6:30 pm
Managing Editors of Coverage Meeting
5:30 pm – 6:30 pm
Managing Editors of Website Meeting
5:30 pm – 6:30 pm
Managing Editors of Social Media Meeting
6:30 pm – 7:30 pm
Happy Hour (All attendees invited) Honoring Diversity, In House, and Young Lawyers Committees
Thursday, March 2 8:00 am – 5:30 pm
Registration
9:00 am – 10:00 am
ICLC Business Meeting (All are welcome)
9:00 am – 10:30 am
Continental Breakfast
10:20 am – 10:35 am 10:35 am – 11:45 am
Opening Remarks CLE
11:45 am – 12:05 pm
Plenary: Tips for Insurance Trial Lawyers: Communicating with Judges Lunch (Ticketed $45)
12:05 pm – 1:05 pm
CLE
Breakouts: • New Economy Businesses Need New Insurance: Can the Insurance Industry Keep Up? • Winning the Discovery War: Tips from the Bench on Effective Advocacy in Pre-Trial Litigation • Sifting for Coverage for Attorney Fee-Shifting Awards • When Insurer and Insured Differ on Whether to Settle: Bad Faith Implications
1:15 pm – 2:25 pm
CLE
Plenary: Addressing Critical Coverage Issues Before, During, and After Mediation: Putting the Horse Before the Cart
2:35 pm – 3:45 pm
CLE
Plenary: It’s All About the Benjamins: How Policyholders Can Work with Brokers, Claims Consultants, and Insurers to Minimize Delay and Maximize Recovery for Complex Property and Business Interruption Losses
3:45 pm – 4:00 pm 4:00 pm – 5:00 pm
Networking Break CLE
Breakouts: • Insurer Guidelines and Third-Party Bill Reviews: Ethical and Practice Ramifications (Ethics) • Nuances in Insurance Coverage for Class Actions • Green Is the New Black: An Update on Environmental Coverage Law • Is Talc the New Asbestos? Will the History of Asbestos and Silica Impact the Answer to That Question?
5:00 pm – 6:00 pm
Subcommittee Expo
6:30 pm – 8:00 pm
Welcome Reception
Friday, March 3 6:30 am – 2:30 pm
Registration
7:00 am – 8:00 am 8:00 am – 9:10 am
Continental Breakfast CLE
Plenary: The Art of the Appeal: Making Your Insurance Case Clear, Concise, and Persuasive *Subject to change
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Schedule at a Glance* 9:20 am – 10:30 am
CLE
10:30 am – 10:45 am
Plenary: Chutes and Ladders: Making it to the Top of the Excess Insurance Tower Networking Break
10:45 am – 11:45 am
CLE
Breakout: • Money Money Money Money— In Today’s World: Insurance Implications for the Evolving FinTech Industry • Prying Eyes: Protecting the Confidentiality of Defense and Claim Files • Resolving Multi-Party Environmental Coverage Claims • After the Policy Binds: Reps and Warranties Coverage and Claims Experience
11:55 am – 12:55 pm
CLE
Breakout: • The Sharing Economy and Other Hot Topics in Personal Lines Policies • Risky Business with Cyber Insurance— Sunglasses Not Optional • A Critical Discussion of Diversity and Inclusion in the Insurance Industry • Selection Perfection: Mastering Voir Dire in the Insurance Coverage Case
1:05 pm – 2:30 pm
NON CLE
Roundtable Luncheons (Ticketed $55)
2:15 pm – 5:00 pm
Golf Tournament (Ticketed $100)
6:00 pm – 7:00 pm
Women’s Reception (All attendees invited)
7:00 pm – 10:00 pm
Reception and Dinner (Ticketed $85)
Saturday, March 4 6:30 am – 12:30 pm
Registration
7:00 am – 8:00 am
Continental Breakfast
8:00 am – 9:10 am
CLE
Plenary: The Bad Faith Trial: From Complaint to Verdict
9:20 am – 10:20 am
CLE
Breakouts: • Spiked: Could the Viking Pump Decision by the New York Court of Appeals Signal a Broader Trend Nationwide on Long Tail Coverage Issues? • Proving Exhaustion: How Yesterday’s Payments Can Be Shown with Today’s Technology • Avoiding the Deposition Debacle: Tips for Successfully Taking and Defending the Insurer’s Corporate Deposition • Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Cases Shed Light on Perennially Difficult Issues in Products-Related Coverage
10:20 am – 10:35 am
Networking Break
10:35 am – 11:35 am
CLE
Breakouts: • The Bermuda Form: Not for the Novice • Fake President Fraud— What Is It, and Is It Covered? • First-Party Coverage for Water-Intrusion Damage to Condominiums • Saved from the Abyss: How to Rescue a Sinking Mediation from Failure
11:45 am – 12:55 pm
CLE
Plenary: Our Lips Are Sealed ... Until They’re Not: The Attorney-Client Privilege and Work Product Doctrine in Insurance Claims Disputes and the Tripartite Relationship (Ethics)
4:30 pm – 5:30 pm
Farewell Happy Hour
*Subject to change
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Schedule at a Glance* Roundtable Luncheons (Non-CLE) (Ticketed: $55) 1:05 pm – 2:30 pm: Friday, March 3 1. 2.
3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
Creating or Defeating the Duty to Defend Using Extrinsic Evidence Is There Equity in Private Equity Insurance Coverage for Both the Investment Companies and Their Portfolio Companies? Private Companies and Non-Profits: Key D&O Insurance Considerations Show Me the Money! Accidental Contamination/Malicious Product Tampering Update Business Interruption Coverage for Cyber/Data Breach— Cyber vs. Property The Hidden Traps of Wraps Disclosure-Only Settlements: Are You Bumping up Against D&O Claim Issues? Insurance Developments Across the Pond: The English Insurance Act of 2015 Preventing Your Additional Insured Coverage from Being an Additional Headache The Ungoverned Brain: Unconscious Influencers That Distort Legal Thinking Terrorism Insurance: Understanding the Boundaries of Coverage for a Risk Without Borders Coverage TKOs: Insurance for Sports-Related Injuries Developing Case Law on Related Claims Coverage for Taxes and Tax-Related Issues: Together at Last? Reinsurance Risk: The New World Order Rates Matter! Using the Tactics of Negotiation to Obtain Reasonable Rates for Defense Counsel Whistling Past the Graveyard: Obtaining Insurance Coverage for Whistleblower Complaints and Retaliation Claims
See Page 12 for roundtable descriptions. *Subject to change
Thank you to our 2017 Committee and Seminar Co-Chairs
Committee Co-Chairs Angela R. Elbert and John B. Mumford Jr. Committee Vice-Chairs Ernest Martin Jr. and Anna D. Torres Seminar Co-Chairs John C. Bonnie and Jodi Spencer Johnson Seminar Vice-Chairs James P. Bobotek and Chauntis Jenkins Floyd
Stay connected on Social Media!
#LitigationInsurance #LitigationInsurance
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Moderators & Speakers Suzan Charlton Covington & Burling Washington, D.C.
Amber S. Finch Reed Smith LLP Los Angeles, CA
Elizabeth Hanke KCIC Washington, D.C.
Louis A. Chiafullo McCarter & English LLP Newark, NJ
Chauntis Jenkins Floyd Porteous, Hainkel & Johnson LLP New Orleans, LA
Laura J. Hanson Meagher & Geer P.L.L.P. Minneapolis, MN
Eric Choi Neal Gerber Eisenberg LLP Chicago, IL
Laura Foggan Wiley Rein LLP Washington, D.C.
Gregory L. Harper Harper Hayes PLLC Seattle, WA
Jeffrey Michael Cohen Carlton Fields Miami, FL
Caroline Hurtado Ford Haynes & Boone LLP Costa Mesa, CA
Stephen Hoke Hoke LLC Chicago, IL
J. James Cooper Reed Smith Houston, TX
Linda L. Foreman Bowers Foreman PLLC Snohomish, WA
Kim R. Howard The RiverStone Group Manchester, NH
David J. Baldwin Potter, Anderson & Corroon, LLP Wilmington, DE
Hon. Jacqueline Scott Corley U.S. District Court for the Northern District of California San Francisco, CA
Stephen D. Fraser Marsh San Francisco, CA
Brent Huber Ice Miller Indianapolis, IN
William T. Barker Dentons Chicago, IL
Joan M. Cotkin Nossman LLP Los Angeles, CA
Seth Friedman Lewis Brisbois Bisgaard and Smith, LLP Atlanta, GA
Nicholas M. Insua McCarter & English, LLP Newark, NJ
Joshua L. Blosveren Hoguet Newman Regal & Kenney LLP New York, NY
Adam Cottini Arthur J. Gallagher & Co. New York, NY
Christopher C. Frost Maynard Cooper & Gale, PC Birmingham, AL
David S. Cox Morgan, Lewis & Bockius LLP Los Angeles, CA
Jason A. Frye Neal, Gerber & Eisenberg LLP Chicago, IL
Craig Dancer Marsh Washington, D.C.
Rodrigo (Diego) Garcia Jr. Thompson, Coe, Cousins & Irons, LLP Houston, TX
Stephen P. Davidson Aon Transaction Solutions New York, NY
Peter J. Georgiton Dinsmore & Shohl, LLP Columbus, OH
Kristin C. Davis Reed Smith LLP Washington, D.C.
Eric M. Gold Pillsbury Winthrop Shaw Pittman LLP Washington, D.C.
Andrea DeField Hunton & Williams LLP Miami, FL
David B. Goodwin Covington & Burling LLP San Francisco, CA
Brian DeSoto Great American Insurance Group Cincinnati, OH
Lawrence Gottlieb Betts, Patterson, & Mines, P.S. Seattle, WA
Karen M. Dixon Hinshaw & Culbertson LLP Chicago, IL
Hon. Donald L. Graham U.S. District Court for the Southern District of Florida Miami, FL
Lisa M. Affrick Wilson Elser Moskowitz Edelman & Dicker LLP New Orleans, LA Karin S. Aldama Perkins Coie LLP Phoenix, AZ Dominica C. Anderson Duane Morris LLP San Francisco, CA Christina D. Arnone Stinson Leonard Street LLP Kansas City, MO David Attisani Choate, Hall & Stewart LLP Boston, MA
Lucas M. Blower Brouse McDowell LPA Akron, OH Vijay V. Bondada Duke Energy Corporation Charlotte, NC Mary E. Borja Wiley Rein LLP Washington, D.C. Steven Brower Buchalter Nemer Irvine, CA Eugene Brown Sedgwick LLP San Francisco, CA Margo S. Brownell Maslon LLP Minneapolis, MN Deidrie Buchanan Groelle & Salmon Miami, FL John Buchanan Covington & Burling LLP Washington, D.C.
Adam P. Doherty Allied World Assurance Company Farmington, CT
Edward M. Grauman Beveridge & Diamond, P.C. Austin, TX
Paula Ison University of Cincinnati Union, KY Hon. Wallace B. Jefferson Alexander Dubose Jefferson & Townsend Austin, TX Elizabeth Jewell Troutman Sanders LLP Washington, D.C. Charles A. Jones Troutman Sanders LLP Washington, D.C. Ronald L. Kammer Hinshaw & Culbertson LLP Coral Gables, FL Leor Kaplan CNA Specialty Lines New York, NY Kathryn Kasper Hancock, Daniel, Johnson & Nagle, PC Richmond, VA Jeffrey A. Kiburtz Covington & Burling LLP Los Angeles, CA Jeff Kichaven Jeff Kichaven Commercial Mediation Los Angeles, CA Hon. Sallie Kim U.S. District Court for the Northern District of California San Francisco, CA
William Downs Navigant Consulting Washington, D.C.
Kevin M. Grudzien Quantum Global Advisors, LLC Chicago, IL
Charles G. Ehrlich Charles G. Ehrlich Woodside, CA
Christine A. Gudaitis Ver Ploeg & Lumpkin, P.A. Miami, FL
Ruth S. Kochenderfer FINPRO, Marsh U.S.A. Inc. Washington, D.C.
Rina Carmel Zelle McDonough & Cohen LLP Los Angeles, CA
Hon. Jennifer W. Elrod U.S. Court of Appeals for the Fifth Circuit Houston, TX
Theresa A. Guertin Saxe Doernberger & Vita PC Trumbull, CT
Marcus J. Lampley Great American Insurance Company San Francisco, CA
Jamie R. Carsey Thompson, Coe, Cousins & Irons, LLP Houston, TX
Terrance J. Evans Duane Morris LLP San Francisco, CA
Sarah Champion Chubb Hamilton, Bermuda
Tred Eyerly Damon Key Leong Kupchak Hasert Honolulu, HI
Mary Craig Calkins Kilpatrick Townsend & Stockton LLP Beverly Hills, CA Lisa M. Campisi Blank Rome LLP New York, NY
Nancy Gutzler KCIC Washington, D.C. Heather W. Habes Kilpatrick Townsend & Stockton LLP Los Angeles, CA
Jan A. Larson Jenner & Block LLP Washington, D.C. Hon. M. Hannah Lauck U.S. District Court for the Eastern District of Virginia Richmond, VA
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Moderators & Speakers Richard Leedham Mishcon de Reya London, England
Suzanne M. Meintzer Wilson Elser Moskowitz Edelman & Dicker LLP Denver, CO
Dorothea Regal Hoguet Newman Regal & Kenney LLP New York, NY
Hon. Richard J. Sullivan U.S. District Court for the Southern District of New York New York, NY
Kimberly M. Melvin Wiley Rein LLP Washington, D.C.
Agelo L. Reppas Sedgwick LLP Chicago, IL
John M. Sylvester K&L Gates Pittsburgh, PA
Craig Meredith JAMS San Fransisco, CA
Alexandra A. Roje Latham & Watkins Los Angeles, CA
Darren Teshima Orrick, Herrington & Sutcliffe LLP San Francisco, CA
Tyler S. Mertes Troutman Sanders LLP Chicago, IL
Lindsay Lankford Rollins Hancock, Daniel, Johnson & Nagle, PC Richmond, VA
Robert P. Thavis Stinson Leonard Street LLC Minneapolis, MN
Andrew Miller Thacker Robinson Zinz LPA Toledo, OH
Stacey Rufe Troutman Sanders LLP Richmond, VA
Gary Thompson Reed Smith LLP Washington, D.C.
Julia A. Molander Cozen O'Connor San Francisco, CA
Vernon Thompson Jr. Pillsbury Winthrop Shaw Pittman LLP Washington, D.C.
Jacy Moneymaker Swope Health Services Kansas City, MO
Demetrius Rush Zurich North America Chicago, IL Brian Scarbrough Jenner & Block LLP Washington, D.C.
Meghan C. Moore Ver Ploeg & Lumpkin, P.A. Orlando, FL
David E. Schoenfeld Shook, Hardy & Bacon LLP Chicago, IL
Anna D. Torres Torres Law West Palm Beach, FL
Paul N. Lux Navigant Chicago, IL
Michael D. Mulvaney Maynard Cooper & Gale, PC Birminhgam, AL
Jay Sever Phelps Dunbar LLP New Orleans, LA
Karen L. Toto Wiley Rein LLP Washington, D.C
Meghan Magruder King & Spalding LLP Atlanta, GA
John B. Mumford Jr. Hancock, Daniel, Johnson & Nagle, PC Richmond, VA
Megan A. Shea DLA Piper New York, NY
William T. Um Kilpatrick Townsend & Stockton LLP Beverly Hills, CA
David A. Shedd Bailey Cavalieri LLC Columbus, OH
Gretchen Hoff Varner Covington & Burling LLP San Francisco, CA
Andrew S. Nadolna JAMS New York, NY
Cassandra C. Shivers Arthur J. Gallagher Risk Management Services Glendale, CA
Erica Villanueva Farella Braun + Martel LLP San Francisco, CA
Hao T. Nguyen Thompson, Coe, Cousins & Irons, LLP Los Angeles, CA
Heather E. Simpson Carroll McNulty Kull LLC Basking Ridge, NJ
Sherilyn Pastor McCarter & English, LLP Newark, NJ
Melissa M. Sims Berk Merchant & Sims, PLC Miami, FL
Neil B. Posner Much Shelist, P.C. Chicago, IL
Lori L. Siwik SandRun Risk Richfield, OH
Amanda M. Leffler Brouse McDowell LPA Akron, OH Melissa C. Lesmes Pillsbury Winthrop Shaw Pittman LLP Washington, D.C. Lester Levy Environmental ADR New York, NY Hannah S. Lim PSEG Newark, NJ Kathryn L. Lindley OneBeacon Environmental Plymouth, MN Michelle S. Logan BorgWarner, Inc. Auburn Hills, MI Peter D. Luneau Skadden, Arps, Slate, Meagher & Flom LLP New York, NY
John P. Malloy Robinson & Cole LLP Hartford, CT Daniel Maloney Gnarus Advisors LLC Arlington, VA Andrew L. Margulis Roper Majeski Kohn & Bentley New York, NY Sari Marmur Travelers Alpharetta, GA Ernest Martin Haynes and Boone, LLP Dallas, TX Katherine Mast Nicolaides Fink Thorpe Michaelides Sullivan LLP Los Angeles, CA
Brad Murlick Navigant Chicago, IL
Alexander E. Potente Sedgwick LLP San Francisco, CA
Lorelie S. Masters Perkins Coie LLP Washington, D.C.
Peter J. Preston Hinkhouse Williams Walsh LLP Chicago, IL
Lauren E. Tucker McCubbin Polsinelli PC Kansas City, MO
Debra R. Puebla Sinnott, Puebla, Campagne & Curet, APLC Los Angeles, CA
Christopher C. Meeks Lewis, Brisbois, Bisgaard & Smith, LLP Atlanta, GA
Barbara A. Reeves JAMS Los Angeles, CA
Lucy L. Thomson Livingston PLLC Washington, D.C.
Jason Warmbir Willis Towers Watson Chicago, IL Robin Ann Williams Bassford Remele, P.A. Minneapolis, MN Sheri Wilson Lockton Companies Dallas, TX
Ray L. Wong Micah Skidmore Duane Morris LLP Haynes and Boone LLP San Francisco, CA Dallas, TX Matt A. Woolf Melissa A. Smart Baker Donelson Bearman Caldwell & Attorney Registration & Disciplinary Berkowitz, PC Commission of the Supreme Court of New Orleans, LA Illinois Chicago, IL Gregory S. Wright K&L Gates LLP Mark Sobus Washington, D.C. Edge Litigation Consulting, LLC Kingwood, TX Hon. Thomas A. Zlaket (Ret.) University of Arizona James E. Rogers Paul Stanley College of Law Essex Court Chambers Tucson, AZ London, U.K.
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Programming Thursday, March 2 10:35 am – 11:45 am
Plenary: Tips for Insurance Trial Lawyers: Communicating with Judges This panel, comprising of a senior federal district court judge, a former state supreme court justice, and two insurance lawyers, will focus on communicating with judges and discuss the use of key tools in a trial lawyer’s arsenal, offering practical advice on when, why, and how to effectively deploy them. Panelists: Hon. Donald L. Graham, Meghan C. Moore, Melissa M. Sims, Gary Thompson, Hon. Thomas A. Zlaket (Ret.)
12:05 pm – 1:05 pm
Breakout: New Economy Businesses Need New Insurance: Can the Insurance Industry Keep Up? Technology is fueling rapid growth and change every day. From “shared economy” businesses to “disruptive innovations” and new innovations such as VR and autonomous vehicles, these new businesses cannot rely on traditional “off the shelf” products. Learn about potential new liabilities and how the insurance industry is trying to respond. Panelists: Adam Cottini, Andrew L. Margulis, Julia A. Molander, William T. Um
12:05 pm – 1:05 pm
Breakout: Winning the Discovery War: Tips from the Bench on Effective Advocacy in Pre-Trial Litigation Cases can be won or lost based on a court’s discovery rulings. Our panel of judges will provide tips effectively litigating discovery issues in insurance cases, including recent experience with the changes to the Federal Rules of Civil Procedure; best practices in documenting meet-andconfer efforts; and persuasively briefing discovery issues. Panelists: Hon. Sallie Kim, Hon. M. Hannah Lauck, Hon. Richard J. Sullivan, Gretchen Hoff Varner
12:05 pm – 1:05 pm
Breakout: Sifting for Coverage for Attorney Fee-Shifting Awards Join us as we “sift” through the availability of coverage for attorney fee-shifting awards under general and commercial liability policies. Examining various policy forms and the most recent legal trends, our panel will discuss this issue from the perspective of a broker and coverage counsel for the policyholder and the insurer. Panelists: Craig Dancer, Jan A. Larson, Karen L. Toto
12:05 pm – 1:05 pm
Breakout: When Insurer and Insured Differ on Whether to Settle: Bad Faith Implications Insurers and policyholders sometimes disagree on whether to settle. The claimant may demand policy limits, but the insurer values the case for less. Or the policyholder does not want to settle because of a high SIR. These and other situations have bad faith implications that this program will discuss. Panelists: Karin S. Aldama, Rina Carmel, Tred Eyerly, Demetrius Rush
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Programming 1:15 pm – 2:25 pm
Plenary: Addressing Critical Coverage Issues Before, During, and After Mediation: Putting the Horse Before the Cart Mediating multi-party construction defect disputes presents unique coverage challenges, requiring special preparation and approaches. This presentation will offer practical and useful tips in preparing in the handling of the mediation process, from the carrier, policyholder, and mediator perspectives, and will address typical concerns arising in various contexts, including indemnification and OCIPs/CCIPs. Panelists: Christine A. Gudaitis, Melissa C. Lesmes, Craig Meredith, Debra R. Puebla, Jay Sever
2:35 pm – 3:45 pm
Plenary: It’s All About the Benjamins: How Policyholders Can Work with Brokers, Claims Consultants, and Insurers to Minimize Delay and Maximize Recovery for Complex Property and Business Interruption Losses Large property losses present unique challenges for policyholders and insurers, which can cause frustrating delays. The panel will discuss key components of first-party property coverage and offer practical tips for working with brokers, claims consultants, adjusters, and insurers to quantify and categorize losses and to prepare and present claims. Panelists: Christina D. Arnone, Kevin M. Grudzien, Jacy Moneymaker, Sheri Wilson, Matt A. Woolf
4:00 pm – 5:00 pm (Ethics)
Breakout: Insurer Guidelines and Third-Party Bill Reviews: Ethical and Practice Ramifications Insurers are justifiably concerned about controlling costs of defense. Some insurers have turned to outside parties to review defense counsels’ bills. As some courts and ethics panels have observed, this practice has profound ethics implications. This session will discuss this issue from both an ethics and a practice viewpoint, and specifically address the ethical obligations of counsel under the rules of professional responsibility, Panelists: Karen M. Dixon, Neil B. Posner, Melissa A. Smart
4:00 pm – 5:00 pm
Breakout: Nuances in Insurance Coverage for Class Actions This program addresses insurance coverage issues in class actions. The panel— policyholder and insurer-side litigators, a claims divisional SVP, and a U.S. magistrate judge— will address managing defense counsel, allocation, minimizing liability, and reconciling differing interests between policyholders and their insurers in the class action context. Panelists: Hon. Jacqueline Scott Corley, Brian DeSoto, Alexander E. Potente, Erica Villanueva
4:00 pm – 5:00 pm
Breakout: Green Is the New Black: An Update on Environmental Coverage Law This panel will examine how recent decisions may impact environmental coverage for policyholders and insurers alike. Topics include “all sums” allocation, triggers for the duty to defend, coverage for EPA enforcement actions, pollution exclusion interpretations, and the availability of subrogation under CERCLA. Panelists: Lisa M. Affrick, Stephen D. Fraser, Edward M. Grauman, Hannah S. Lim
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Programming 4:00 pm – 5:00 pm
Breakout: Is Talc the New Asbestos? Will the History of Asbestos and Silica Impact the Answer to That Question? Learn the latest on the science and status of talc litigation and the associated coverage litigation. With this new coverage area and issues, will history repeat itself? Will the history of asbestos and silica litigation impact the answer to the question, Is Talc the New Asbestos? Panelists: Dominica C. Anderson, Laura Foggan, Stephen Hoke, Ernest Martin
Friday, March 3 8:00 am – 9:10 am
Plenary: The Art of the Appeal: Making Your Insurance Case Clear, Concise, and Persuasive How much basic insurance law should go into your appellate brief? Do amicus briefs make a difference? A distinguished panel of insurance and appellate practitioners, plus a sitting Fifth Circuit Court of Appeals judge, will discuss what works and what mistakes to avoid when presenting insurance issues to appellate judges. Panelists: Suzan Charlton, J. James Cooper, Hon. Jennifer W. Elrod, Hon. Wallace B. Jefferson
9:20 am – 10:30 am
Plenary: Chutes and Ladders: Making it to the Top of the Excess Insurance Tower Coverage towers can reach dizzying heights, but climbing those towers can be treacherous. Join us in a game of Chutes and Ladders, where we examine the effects of exhaustion rules, insolvencies, settlements, “other insurance” clauses, related claims, batching issues, and other potential pitfalls on that climb to the top. Panelists: Mary E. Borja, William Downs, Ronald L. Kammer, Sherilyn Pastor, Robert P. Thavis
10:45 am – 11:45 am
Breakout: Money Money Money Money— In Today’s World: Insurance Implications for the Evolving FinTech Industry Yesterday’s Western Union has spawned over 1,000 companies like Square, ApplePay, Paypal, and a host of online banking, working capital, and mobile payment companies with related IP, regulatory, and privacy issues. They cry out for insurance. This panel will discuss the evolving insurance issues for an expanding financial technology industry. Panelists: Mary Craig Calkins, Kimberly M. Melvin, Cassandra C. Shivers
10:45 am – 11:45 am
Breakout: Prying Eyes: Protecting the Confidentiality of Defense and Claim Files Aggressive plaintiff’s attorneys represent a risk to insurers and insureds. This panel will discuss the ethical, legal, and procedural issues attendant with requests for the insurer’s claim file and the insured’s defense file during underlying litigation and how to manage and respond to these requests while preserving confidentiality. Panelists: David J. Baldwin, Jamie R. Carsey, Peter J. Georgiton, Christopher C. Meeks, Vernon Thompson Jr.
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Programming 10:45 am – 11:45 am
Breakout: Resolving Multi-Party Environmental Coverage Claims A discussion of developing techniques to achieve settlement outcomes that are more scientifically sound, more cost-effective, and which can be reached in a timelier fashion compared to tort-style legal adjudication. Compare and contrast alternative approaches to achieving the result your client wants. Panelists: Brent Huber, Lester Levy, Barbara A. Reeves, Anna D. Torres
10:45 am – 11:45 am
Breakout: After the Policy Binds: Reps and Warranties Coverage and Claims Experience As R&W insurance has found its place in the M&A toolbox, the question has shifted to how the policies will respond when there is a claim. This panel of R&W experts will take you through issues that can arise in connection with R&W claims and how they are being resolved. Panelists: Stephen P. Davidson, Leor Kaplan, Alexandra A. Roje, Megan A. Shea
11:55 am – 12:55 pm
Breakout: The Sharing Economy and Other Hot Topics in Personal Lines Policies Homeowners and auto policies are affected by the sharing economy everyday. Join us to discuss the interplay between the typical personal lines policies and coverage for services like Uber and AirBnB, and other common issues such as coverage for home businesses and road rage incidents. Panelists: Eric Choi, Seth Friedman, Eric M. Gold, Sari Marmur
11:55 am – 12:55 pm
Breakout: Risky Business with Cyber Insurance— Sunglasses Not Optional As P.F. Chang's learned, a breakdown in the risk analysis related to cyber coverage can be costly. This panel will discuss differing cyber policies available in the market, undertaking a thorough risk analysis, and what coverage issues policyholders and insurers are facing when dealing with differing language in cyber policies. Panelists: Kathryn Kasper, Dorothea Regal, Lori L. Siwik, Jason Warmbir, Ray L. Wong
11:55 am – 12:55 pm
Breakout: A Critical Discussion of Diversity and Inclusion in the Insurance Industry This program will explore issues of race, gender, sexual orientation, and sexual identity in the insurance industry. The panel will address implicit bias and confirmation bias, and will explore strategies for improving diversity and inclusion in the insurance industry. Panelists: Terrance J. Evans, Paula Ison, Marcus J. Lampley, Hao T. Nguyen
11:55 am – 12:55 pm
Breakout: Selection Perfection: Mastering Voir Dire in the Insurance Coverage Case With the help of an experienced jury consultant, this program will examine techniques for effectively communicating with a jury pool and then striking a jury from that pool in a manner that maximizes the chance of a positive result in a live, mock presentation format that will entertain and inform. Panelists: Chauntis Jenkins Floyd, Meghan Magruder, Michael D. Mulvaney, Mark Sobus
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Programming (Roundtables) Roundtable Luncheons (Non-CLE) (Ticketed: $55) Friday, March 3, 1:05 pm – 2:30 pm 1. Creating or Defeating the Duty to Defend Using Extrinsic Evidence
Extrinsic evidence can play a role in determining the duty to defend under a general liability policy. We’ll discuss how policyholders and insurers have attempted to use evidence outside of the underlying complaint to resolve duty to defend disputes, as well as the limitations courts have imposed on such use. Speakers: Jason A. Frye, Tyler S. Mertes
2. Is There Equity in Private Equity Insurance Coverage for Both the Investment Companies and Their Portfolio Companies?
This program will address coverages available from investor to fund to the portfolio company and coverage issues that may arise when private equity board members also serve as portfolio board members.
3. Private Companies and Non-Profits: Key D&O Insurance Considerations
Private companies and non-profits need D&O coverage as much as public companies, if not more so. We will discuss the unique risks, policy provisions, considerations, and trends in the marketplace, including securities and IPO exposures, investigations coverage, limits sharing, exclusions, and defenses.
Speakers: Andrea DeField, John P. Malloy
Speakers: Stacey Rufe, Brian Scarbrough
4. Show Me the Money!
This roundtable will identify and evaluate potential strategies and approaches to valuation for asbestos, environmental/EPA, and fidelity claims, among others, to help you put together a winning settlement. Discussion topics will include components such as risk factor discounting, discounted cash flows, probability modeling, economic benefit, and penalties. Speakers: Daniel Maloney, Andrew Miller
5. Accidental Contamination/Malicious Product Tampering Update
This roundtable will be co-presented by an insurer representative with significant claims/underwriting experience (e.g., XL Catlin, Hiscox, etc.). Discussion will focus on current available products in the market (including limits and sublimits), as well as an update on recent claims and legal decisions. Speakers: Paul N. Lux, Suzanne M. Meintzer
6. Business Interruption Coverage for Cyber/Data Breach— Cyber vs. Property
This roundtable will focus on the different products and wording offered by traditional first-party forms for cyber-related time element losses (e.g., FM Global) vs. products and wording offered by traditional cyber offerings that up to now have been focused on third-party losses. Speakers: Lucas M. Blower, Brad Murlick
7. The Hidden Traps of Wraps
This roundtable will feature discussion of contractual issues relating to consolidated insurance programs (wraps), with a focus on the pitfalls of commonly misused contractual provisions, as well as a review of best practices for wrap manuals and wrap contract exhibits. Speaker: Theresa A. Guertin
8. Disclosure-Only Settlements: Are You Bumping up Against D&O Claim Issues?
In light of the recent rejection of disclosure-only settlements by Delaware courts in the Zillow-Trulia and HP-Aruba mergers, this roundtable will discuss claim and insurance issues, including related to restitution, definitions of loss, and breach of fiduciary duty. Speakers: Adam P. Doherty, Nicholas M. Insua
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Programming (Roundtables) 9. Insurance Developments Across the Pond: The English Insurance Act of 2015
The enactment of the English Insurance Act of 2015 will result in significant concerns for both insurers and policyholders. The new act allows for penalties on insurers for late payment of claims and imposes a duty of fair presentation on policyholders. The roundtable will discuss these issues and provide practical advice for insurance lawyers and their clients. Speakers: Richard Leedham, John M. Sylvester
10. Preventing Your Additional Insured Coverage from Being an Additional Headache
The extent of additional insured coverage can be uncertain, particularly when the scope of the policy’s coverage differs from the scope of the relevant agreement between the named and additional insured. This roundtable will explore the interplay between contractual provisions and additional insured coverage. Speakers: Amanda M. Leffler, David E. Schoenfeld
11. The Ungoverned Brain: Unconscious Influencers That Distort Legal Thinking
As lawyers and judges, we focus on rational positions and logical arguments. In reality, our decisions are swayed by a host of unconscious influencers. We listen selectively. We see outcomes as predictable simply because they occurred. We make different decisions when we’re hungry. Discover the unconscious influencers that change fate. Speakers: Eugene Brown, Charles G. Ehrlich
12. Terrorism Insurance: Understanding the Boundaries of Coverage for a Risk Without Borders
Terrorism risk is a focal point of planning for corporate policyholders. This presentation will address (1) the development and status of the market for terrorism risk insurance; (2) policy wordings and potential coverage issues in standalone terrorism policies; and (3) coverage for terrorism risk under traditional third-party and first-party forms.
13. Coverage TKOs: Insurance for Sports-Related Injuries
The wave of class actions related to damages athletes suffered due to concussions and other sports-related injuries has given rise to numerous insurance coverage disputes. This roundtable will discuss the trends in sports-related concussion litigation, the coverage issues involved, as well as the various types of coverage and coverage disputes arising out of these lawsuits.
Speakers: Lindsay Lankford Rollins, Micah Skidmore
Speakers: Lauren E. Tucker McClubbin, John B. Mumford
14. Developing Case Law on Related Claims
Given the fact-based nature of rulings on "related" claim issues, what can we learn from options? We will discuss how courts have ruled on burdens, legal standards, and canons of construction. We will discuss whether potions taken by insurers in one case could be used against them in other cases. Speakers: Charles A. Jones, Gregory S. Wright
15. Coverage for Taxes and Tax-Related Issues: Together at Last?
Taxes are typically considered excepted from covered “loss,” but some relatively new policies are providing protection for certain tax liabilities that are arguably insurable. This roundtable will discuss these developments in industry language and the potential coverage issues that may arise when the usual “taxes-are-notcovered” defense is not available. Speakers: Kristin C. Davis, David A. Shedd
16. Reinsurance Risk: The New World Order
The roundtable will explore the new wave of risks confronting re/insurers, including “superstorms,” ice dams, hydrofracking, cyber risk, and concussion. Speakers: David Attisani, Sarah Champion
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Programming 17. Rates Matter! Using the Tactics of Negotiation to Obtain Reasonable Rates for Defense Counsel
Establishing reasonable rates for defense counsel is a critical issue for policyholders, insurers, and defense counsel alike. This program will look at how to use the tactics of negotiation to obtain favorable rates for defense counsel.
18. Whistling Past the Graveyard: Obtaining Insurance Coverage for Whistleblower Complaints and Retaliation Claims
This roundtable discussion will address coverage issues under different types of policies (e.g., D&O, E&O, EPLI) that may be implicated by issues arising from whistleblower claims brought under various statutes (e.g., Sarbanes Oxley, Dodd-Frank, False Claims Act, Defend Trade Secrets Act).
Speakers: Heather W. Habes, Elizabeth Jewell
Speakers: Joshua L. Blosveren, Katherine Mast
Saturday, March 4 8:00 am – 9:10 am
Plenary: The Bad Faith Trial: From Complaint to Verdict The panel will discuss evolving issues in bad faith litigation, such as the choice of jurisdiction; scope of the pleadings; discovery issues; jury selection; and trial themes. Panelists: William T. Barker, Steven Brower, Jeffrey Michael Cohen, Lorelie S. Masters
9:20 am – 10:20 am
Breakout: Spiked: Could the Viking Pump Decision by the New York Court of Appeals Signal a Broader Trend Nationwide on Long Tail Coverage Issues? New York is now an all sums, pick and spike state, and vertical exhaustion is allowed. Will the reasoning in Viking Pump influence policyholders to argue for a re-look at the law in states that seemed settled in favor of pro rata allocation and horizontal exhaustion?
Panelists: Lisa M. Campisi, Andrew S. Nadolna, Heather E. Simpson
9:20 am – 10:20 am
Breakout: Proving Exhaustion: How Yesterday’s Payments Can Be Shown with Today’s Technology It happens often in the insurance recovery process: Primary carriers stop paying and excess insurers require proof of exhaustion before they step in. This panel will discuss the different avenues available to prove underlying exhaustion, including how today’s technology may hinder or assist in those efforts. Panelists: David S. Cox, Rodrigo (Diego) Garcia Jr., Nancy Gutzler, Michelle S. Logan
9:20 am – 10:20 am
Breakout: Avoiding the Deposition Debacle: Tips for Successfully Taking and Defending the Insurer’s Corporate Deposition In this interactive program, experienced insurance litigators will dissect an insurer’s corporate deposition to reveal techniques and strategies helpful to both policyholders and insurers. The panel will also address proper preparation of a corporate witness as well as strategies for exposing inadequate preparation. Panelists will analyze what works and what doesn’t through the illustrative use of real-life examples in a lively format that will both entertain and inform. Panelists: Joan M. Cotkin, Christopher C. Frost, Darren Teshima
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Programming 9:20 am – 10:20 am
Breakout: Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Cases Shed Light on Perennially Difficult Issues in Products-Related Coverage Tackling long-debated issues in unique factual circumstances, recent decisions shed light on difficult issues including property damage, occurrence, impaired property, “incorporation,” “rip and tear,” and “economic loss.” Cases include Cincinnati Ins. v. H.D. Smith, Phibro Animal Health v. National Union, Wisconsin Pharmacal v. Nebraska Cultures, and U.S. Metals v. Liberty. Panelists: Caroline Hurtado Ford, Jeffrey A. Kiburtz, Agelo L. Reppas
10:35 am – 11:35 am
Breakout: The Bermuda Form: Not for the Novice This program will focus on certain key features of the Bermuda Form and common points of contention thereunder, such as occurrence integration, the expected or intended provision and “maintenance deductible,” and loss allocation. Panelists: Vijay V. Bondada, Elizabeth Hanke, Peter D. Luneau, Peter J. Preston, Paul Stanley
10:35 am – 11:35 am
Breakout: Fake President Fraud— What Is It, and Is It Covered? “Fake president fraud”—aka “business email compromise” or “social engineering fraud”—is the next step beyond hacking for cyber criminals. Spoofed emails to unsuspecting insiders from imposter bosses or vendors have caused billions in fraudulent funds transfers. Learn more about this sophisticated cyber risk, and how to get it covered. Panelists: John Buchanan, Ruth S. Kochenderfer, Lucy L. Thomson
10:35 am – 11:35 am
Breakout: First-Party Coverage for Water-Intrusion Damage to Condominiums Condominium associations are increasingly turning to first-party property policies to cover damage caused by water intrusion. This session will address common coverage issues raised by these claims, including key exclusions and the impact of the efficient proximate cause rule. We will also address coverage under differences-in-conditions policies. Panelists: Deidrie Buchanan, Linda L. Foreman, Lawrence Gottlieb, Gregory L. Harper
10:35 am – 11:35 am
Breakout: Saved from the Abyss: How to Rescue a Sinking Mediation from Failure Ever had a mediation go south? An opening session flare out of control? Extreme bargaining positions? Mediator can’t get your position across effectively? Problem personalities won’t behave? Can’t close that pesky last gap? Learn to solve—and prevent!—these and other challenges from sinking your mediation. Panelists: Amber S. Finch, David B. Goodwin, Laura J. Hanson, Jeff Kichaven, Kathryn L. Lindley
11:45 am – 12:55 pm (Ethics)
Plenary: Our Lips Are Sealed ... Until They’re Not: The Attorney-Client Privilege and Work Product Doctrine in Insurance Claims Disputes and Tripartite Relationships This panel will discuss waiver and exceptions to the attorney-client privilege and work product doctrine, the unique privilege issues present in the tripartite relationship, the role of lawyers in the context of handling or investigating insurance disputes, and relevant legal ethics standards in light of the rules of professional responsibility. Panelists: Margo S. Brownell, Louis A. Chiafullo, Kim R. Howard, Robin Ann Williams
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General Information Registration
Various registration rates and discounts are available for your convenience. Your registration fee includes: admission to CLE sessions, committee and subcommittee meetings, course materials, continental breakfasts, and admission to the Wednesday Happy Hour, Welcome Reception, Women’s Reception, and Saturday Evening Happy Hour. The deadline for advance registration is Friday, February 17, 2017, at 5:00 pm CST. After this date, registration will take place onsite. We encourage you to take advantage of online registration. Visit us online at www.ambar.org/litigationinsurance. You can also retrieve a printable registration form there.
Registration Desk Hours
The registration desk will be located in the Grand Ballroom Foyer, during the following hours:
Hotel Information
Individuals are responsible for making their own travel accommodations. A block of rooms has been reserved at the discounted rate of $189 plus 12.05% tax for single /double rooms; identification is required at the time of check-in. The deadline for room reservations at the discounted rates is Tuesday, January 31, 2017, at 5:00 pm CST. All reservations are subject to availability.
Loews Ventana Canyon 7000 Resort Dr. Tucson, AZ 85750
Wednesday, March 1 Thursday, March 2 Friday, March 3 Saturday, March 4
2:00 pm – 6:00 pm 8:00 am – 5:30 pm 6:30 am – 2:30 pm 6:30 am – 12:30 pm
For reservations, call the Loews directly at (520) 299-2020 and refer to the ABA Section of Litigation 2017 Insurance Coverage CLE Seminar or visit our seminar page www.ambar.org/litigationinsurance for a direct link to online reservations. Cancellation Policy: Individuals with guaranteed reservations must cancel their reservations 72 hours prior to the scheduled day of arrival to avoid a one-night cancellation charge.
Cancellation Policy
To receive a refund for your registration fee and/or social events, a written request must be received on or before January 31, 2017. Cancellations may be sent via email to Audra Howard at
[email protected]. There will be an administrative fee of $50 deducted from the refund. No refunds will be provided for cancellations after January 31, 2017; however, substitute registrants are welcome. Registrants who do not cancel within the allotted time period and who do not attend the seminar will receive a copy of the program course materials after seminar completion. The ABA reserves the right to cancel any programs and assumes no responsibility for personal expenses. Refund requests will be processed 30 days after the meeting concludes.
Substitutions
Written requests for substitutions will be permitted prior to the conference for requests received by Friday, February 17, 2017. After this date, substitutions will need to be made onsite. There is no additional cost for substitutions. Substitutions are not permitted once a registrant has registered onsite or after the conference has occurred. Please submit a request to transfer the registration to another person. Only the substitute will be eligible for CLE credit. The substitute and original registrant must work out the payment between themselves.
MCLE Information
The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 14.1 hours of MCLE credit (including 2.1 hours of ethics credit) in 60-minute states and 17.0 hours of MCLE credit (including 2.6 hours of ethics credit) in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit: http://www.americanbar.org/cle/ mandatory_cle/mcle_states.html.
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General Information Program Course Materials
Course materials will be disseminated via email to all registrants prior to the seminar. Please be sure you have an email address on file with the ABA or one is indicated on your registration form. Course materials will also be available online at: http://www.ambar.org/litigationinsurance. You may bring a laptop, iPad, or tablet to view the materials onsite, as complimentary Wi-Fi access will be available.
Roster of Participants
Those registered by the cut-off date will be included on the attendee roster and posted on the seminar website.
Airport Information
For your reference, there are two convenient airports for your air transportation arrangements: Tuscon International Airport (TUS) Travel Distance: Approximately 19 miles (35 minutes) Phoenix International Airport (PHX) Travel Distance: Approximately 95 miles (2 hours)
Airline Information
With ABA Egencia*, you can automatically obtain ABA negotiated airfare discounts for travel to the ABA Meetings. ABA Egencia enables you to purchase the best airfare at the time of booking, by providing you with the ability to search for and compare fares from virtually every airline serving the destination. Reservations with ABA Egencia can be made online or offline. For offline reservations, call (877) 8336285. ABA Egencia is available online via ABA Travel Services. ABA airfare discounts on some carriers may also be obtained by purchasing your tickets under the ABA discount codes directly from the airline or through your travel agent. American Airlines: ABA Discount only available at Egencia Delta Airlines: Call 1-800-328-1111 ABA File Global Meeting Code: NMP56 Discount available at www.delta.com Online Meeting Event Code: NMP56 United Airlines: Call 1-800-426-1122 Agreement Code: 621691 Z Code: ZXDR Discount available on www.united.com Online Discount Code: ZXDR621691 Not for leisure travel. *A Travel Profile is required when booking airline reservations with ABA Egencia.
Ground Transportation
Driver Provider Private car service, with transportation to/from the airport, can be reserved in advance through Driver Provider for $95.70. To book a car please call Driver Provider at 800-700-2687 or email
[email protected]. Please mention the Insurance Coverage Conference to receive the discount. Taxi Cabs Taxis are available for approximately $60 to/from airport. (Please note that the wait for a taxi may be extensive depending upon city demand).
Tuition Assistance
A limited number of scholarships to defray registration fees may be available for government employees, public interest lawyers employed with nonprofits; academics; and law students; as well as unemployed attorneys. For courses costing over $500, attorneys who qualify will receive at least a 50% reduction in the course fee(s). To apply, send a letter outlining the basis for your fee waiver request to: Audra Howard at
[email protected]. All requests must be received by Tuesday, January 31, 2017.
Services for Persons with Disabilities
If special arrangements are required, please contact Audra Howard at (312) 988-5664 or
[email protected]. Reasonable advance notice is required.
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General Information Activities Golf All meeting attendees are welcome to play in our golf tournament on, Friday, March 3, 2017 at the Loews Ventana Canyon championship course. The tournament will be a four-person scramble format with a shotgun start at 2:15 pm. Please sign up when you register for the meeting. The tournament fee is $100 per person, which includes greens fees, cart with Prolink GPS System, and unlimited practice balls. Clubs are available for $35 (includes six golf balls). If desired, the resort can arrange for your clubs to be delivered to the golf course upon check-in at the resort. Once you are signed up for the tournament, you will receive an email requesting your playing partner preferences (if you have any), club rental details, etc. Questions about the golf tournament should be directed to John Mumford at
[email protected]. Finally, if you are interested in booking tee times of your own, please call (520) 577-4015 at least 30 days in advance. Tennis Tennis round robin matches will be played on Friday, March 3, beginning at 2:30 pm. Please sign up when you register for the meeting. There will be a nominal fee depending on the number of participants, which will include a can of balls and a racquet rental, if needed.
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New Books To purchase, visit: ambar.org/litigationbooks or call (800) 285-2221.
New! Fifty-State Survey: Toxic Exposure Claims By the Products Liability Committee
A quick reference dedicated solely to covering claims and defenses applicable to toxic exposure across all 50 states and the District of Columbia, including case law and statutory authority. This book is ideal for litigators practicing in this area, as well as for in-house counsel whose businesses deal with chemical products.
New! The Law of Class Action: Fifty-State Survey 2015–2016 By the Class Actions & Derivative Suits Committee
This book is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address significant case law and changes in rules and statutes.
New! An Introduction to Health Law Litigation Based on Contract and Government Claims Edited by Aaron Krauss
Litigators seeking to gain experience in health law litigation, as well as those looking for guidance on a specific issue, will find in this book practical advice on how to try health law cases and suggestions for “issue spotting” and case management.
New! When Products Kill By James T. O’Reilly and Thomas G. Neltner
Fatal accidents often lead to litigation, and attorneys involved in this type of litigation, in order to succeed in representing their clients, need to understand what information is available about the product associated with the death and what the product regulatory agency does or could do about the allegations that the product has caused a death.
New! The Trial Lawyer’s Guide to Success and Happiness By Lawrence D. Rosenberg, David A. Soley, and Deborah A. Topol, M.D.
Written by two trial attorneys and a medical doctor, the advice offered throughout this book will guide you in building a satisfying and successful career that is supported by a healthy and rewarding lifestyle.
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Books Related to Programs To purchase, visit: ambar.org/litigationbooks or call (800) 285-2221.
Discovery Problems and Their Solutions, Third Edition By Charles Samuel Fax, Paul M. Sandler, and Paul W. Grimm
More often than not, discovery, and not trial, is the central battleground of a case, making effective discovery crucial. The need for analytical and strategic guidance on problems related to discovery is essential, and this book fulfills that need by providing invaluable advice for discovery techniques and for associated motion practice.
Pleading Your Case By Janet S. Kole
Complaints and answers are called “pleadings” for a reason: they are the initial explanation that you craft as a lawyer to explain your client’s position. But where do you begin? Pleading Your Case is your first step towards crafting a complaint or response that effectively tells your client’s story.
McElhaney’s Trial Notebook, Fourth Edition By James McElhaney
One of the all-time bestselling books on trial practice, this edition covers everything from discovery through rebuttal, and provides techniques, tactics, and strategies for every stage of trial. The information is grounded in actual courtroom experience that litigators want to read, can understand, will enjoy, and will use daily in court.
Representing Clients in Mediation By Spencer M. Punnett II
Based on extensive research, this comprehensive, 600-page book helps both experienced counsel and rookies advance their client’s cause more effectively at every stage of the mediation process. Included are insights and advice culled from dozens of interviews with litigators in private practice, inside counsel, mediators, mediation program administrators, and law professors specializing in the field.
Effective Appellate Advocacy By Fredrick Paul Wiener
Touted as the best guide to appellate advocacy ever written, the author deals exclusively with the timeless question: How can you best persuade an appellate court to decide a case in your favor? Packed with useful examples and clever anecdotes, this book will sharpen your presentation and oral advocacy skills for use at the state, federal, and Supreme Court level.
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Thank You The ABA Insurance Coverage Litigation Committee would like to thank the following sponsors for their generous support of this 2017 CLE Seminar.
Section Sponsor
Corporate Event Sponsor
Law Firm Sponsors Silver Level Sponsors
*As of 1/9/17
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Thank You The ABA Insurance Coverage Litigation Committee would like to thank the following sponsors for their generous support of this 2017 CLE Seminar.
Bronze Level Sponsors
Exhibitor
If you are interested in sponsoring the seminar, please contact Kristen McCann at
[email protected].
*As of 1/9/17
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Registration Advance Registration Deadline: Friday, February 17, 2017
First/Last Name (as it should appear on badge)
ABA I.D. # (the number is above your name on the mailing label)
Company/Affiliation Mailing Address
Apt/Suite
City
State Zip
Telephone Fax
Email
Accompanying Spouse/Guest
Special Dietary Needs
Registration Fees
Before 1/31
After 1/31
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Section of Litigation Member
$475
$525
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Non-ABA Member (List Price)
$765
$815
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ABA Members
$620
$670
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First-Time Section Member Attendee
$345
$395
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Govt/Acad & Public Service/Judge
$325
$375
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Young Lawyer
$325
$375
3.) Fax: (312) 988-6234
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In-House Attorney
$50
$100
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Law Student
$25
$50
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Sponsor
$0
$0
4.) Mail: ABA Section of Litigation, Attn. Audra Howard 321 North Clark Street, 18 Fl, Chicago, IL 60654
Ticketed Events
1.) Visit: www.ambar.org/litigationinsurance
2.) Call: (800) 285-2221
Pricing
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Wednesday 3/1/17: Happy Hour
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Thursday 3/2/17: Luncheon
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Thursday 3/2/17: Welcome Reception
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Friday 3/3/17: Roundtable Luncheon # _______
$55
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Friday 3/3/17: Golf Tournament
$100
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Friday 3/3/17: Women’s Reception
Complimentary
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Friday 3/3/17: Reception & Dinner Event
$85 (Adult) $35 (Child 12 under)
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Saturday 3/4/17: Farewell Happy Hour
Complimentary
Product Code: LTINS17
Four Easy Ways to Register:
Complimentary $45
Method of Payment l Enclosed is a check
#
Complimentary
Total Enclosed: $
To register online, visit: www.ambar.org/litigationinsurance
(Payable to the American Bar Association)
Loews Ventana Canyon / Tucson, AZ March 1–4, 2017
Insurance Coverage Litigation Committee CLE Seminar 321 North Clark Street Chicago, IL 60654
Non-Profit Org. U. S. Postage PAID American Bar Association
