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For The Defense, December 2011 - DRI Today

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22 ■ <strong>For</strong> <strong>The</strong> <strong>Defense</strong> ■ <strong>December</strong> <strong>2011</strong><br />

Conquering the<br />

Generational Divide—<br />

What Makes the<br />

Generations Tick and<br />

What Ticks <strong>The</strong>m Off!<br />

Anna Liotta, President and CEO of Resultance Inc., reveals the<br />

distinct generational differences that impact the practice of<br />

law during a CLE session sponsored by the Diversity, Women<br />

in the Law, and Young Lawyers Committees. During the Friday<br />

morning program, Ms. Liotta offered suggestions for conquering<br />

this great divide to improve communications and attract, retain,<br />

and grow loyal clients and top talent from every generation.<br />

Douglas K. Burrell of Drew Eckl & Farnham LLP served as the<br />

program’s moderator.<br />

goveRnMenTAl lIAbIlITy<br />

<strong>The</strong> Perfect Storm—<strong>The</strong> True Story of How Inexcusable<br />

Mistakes and Failures at All Levels of City Government<br />

Led to the Payment of a Meritless Claim<br />

Casey C. Stansbury of Fowler Measle & Bell PLLC spoke to attendees of the Friday Governmental Liability Committee<br />

meeting about his experience defending a case involving whistleblower retaliation and ADEA violations and<br />

how he was able to control damages, defend under a reservation of rights, negotiate a settlement less than the<br />

plaintiff’s demand, and work with the city manager to put the city on a compliance path.<br />

InsuRAnCe lAW<br />

<strong>The</strong> History of Insurance Regulation—Applying a Century of<br />

Knowledge to Emerging<br />

Coverage Issues<br />

J. Stephen Zielezienski, Senior Vice President<br />

and General Counsel for the American<br />

Insurance Association (left) and Craig A.<br />

Berrington discuss the history of liability<br />

coverage, including the McCarran-Ferguson<br />

Act’s balance of regulatory and antitrust<br />

policy, the Dodd-Frank Act and its impact on<br />

state insurance regulation, and the current<br />

arguments for and against federal regulation<br />

of insurance, during the Friday meeting of the<br />

Insurance Law Committee.<br />

lAWyeRs’ pRoFessIonAlIsM AnD eThICs<br />

Professionalism and Ethics from the<br />

In-House Counsel Perspective<br />

During the CLE portion of Friday morning’s meeting of the Lawyers’ Professionalism and Ethics Committee,<br />

Victoria H. Roberts, Vice President and Corporate Counsel for Meadowbrook Insurance Group, and Clinton W. Thute,<br />

Regional Claims Manager for IFG Companies, led a discussion of the ethics issues that have become increasingly<br />

important to in-house counsel. Topics included the development of modern electronic technology, such as email,<br />

texting, Facebook, cloud computing, and multijurisdictional practice, and the implications of these developments<br />

on legal privileges, confidentiality, and conflicts of interest.<br />

eMployMenT<br />

AnD lAboR lAW<br />

<strong>The</strong> ADA<br />

Amendments<br />

Act of 2008—<br />

You Can Still<br />

Win Your<br />

Case Before<br />

It Starts<br />

Sidney R. Steinberg of Post &<br />

Schell PC spoke during the CLE<br />

portion of the Friday morning<br />

meeting of the Employment<br />

and Labor Law Committee.<br />

His presentation addressed<br />

how to continue to defend<br />

disability claims successfully in<br />

light of the 2008 amendments<br />

to the ADA.<br />

goveRnMenT<br />

enFoRCeMenT<br />

AnD CoRpoRATe<br />

CoMplIAnCe<br />

Health Care<br />

Fraud and the<br />

False Claims<br />

Act in <strong>2011</strong><br />

<strong>The</strong> Government Enforcement<br />

and Corporate Compliance<br />

Committee hosted a panel at<br />

its Friday morning meeting<br />

to discuss trends in health<br />

care fraud prosecutions<br />

under the False Claims Act,<br />

including notable judgments<br />

and settlements in <strong>2011</strong>,<br />

federal policies regarding both<br />

criminal prosecutions and<br />

civil enforcement, and tactics<br />

that have proved successful in<br />

defending and even avoiding<br />

these claims. Moderated by<br />

Jason L. Drori of K & L Gates<br />

LLP, the panel included David<br />

L. Douglass of Shook Hardy<br />

& Bacon LLP, James W. Kraus<br />

of Pietragallo Gordon Alfano<br />

Bosick & Raspanti LLP, José P.<br />

Sierra of Fish & Richardson PC,<br />

and J. Kennedy Turner III of<br />

Butler Snow O’Mara Stevens &<br />

Cannada PLLC.

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