For The Defense, December 2011 - DRI Today
For The Defense, December 2011 - DRI Today
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.