For The Defense, December 2011 - DRI Today

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22 ■ For The Defense ■ December 2011 Conquering the Generational Divide— What Makes the Generations Tick and What Ticks Them Off! Anna Liotta, President and CEO of Resultance Inc., reveals the distinct generational differences that impact the practice of law during a CLE session sponsored by the Diversity, Women in the Law, and Young Lawyers Committees. During the Friday morning program, Ms. Liotta offered suggestions for conquering this great divide to improve communications and attract, retain, and grow loyal clients and top talent from every generation. Douglas K. Burrell of Drew Eckl & Farnham LLP served as the program’s moderator. goveRnMenTAl lIAbIlITy The Perfect Storm—The True Story of How Inexcusable Mistakes and Failures at All Levels of City Government Led to the Payment of a Meritless Claim Casey C. Stansbury of Fowler Measle & Bell PLLC spoke to attendees of the Friday Governmental Liability Committee meeting about his experience defending a case involving whistleblower retaliation and ADEA violations and how he was able to control damages, defend under a reservation of rights, negotiate a settlement less than the plaintiff’s demand, and work with the city manager to put the city on a compliance path. InsuRAnCe lAW The History of Insurance Regulation—Applying a Century of Knowledge to Emerging Coverage Issues J. Stephen Zielezienski, Senior Vice President and General Counsel for the American Insurance Association (left) and Craig A. Berrington discuss the history of liability coverage, including the McCarran-Ferguson Act’s balance of regulatory and antitrust policy, the Dodd-Frank Act and its impact on state insurance regulation, and the current arguments for and against federal regulation of insurance, during the Friday meeting of the Insurance Law Committee. lAWyeRs’ pRoFessIonAlIsM AnD eThICs Professionalism and Ethics from the In-House Counsel Perspective During the CLE portion of Friday morning’s meeting of the Lawyers’ Professionalism and Ethics Committee, Victoria H. Roberts, Vice President and Corporate Counsel for Meadowbrook Insurance Group, and Clinton W. Thute, Regional Claims Manager for IFG Companies, led a discussion of the ethics issues that have become increasingly important to in-house counsel. Topics included the development of modern electronic technology, such as email, texting, Facebook, cloud computing, and multijurisdictional practice, and the implications of these developments on legal privileges, confidentiality, and conflicts of interest. eMployMenT AnD lAboR lAW The ADA Amendments Act of 2008— You Can Still Win Your Case Before It Starts Sidney R. Steinberg of Post & Schell PC spoke during the CLE portion of the Friday morning meeting of the Employment and Labor Law Committee. His presentation addressed how to continue to defend disability claims successfully in light of the 2008 amendments to the ADA. goveRnMenT enFoRCeMenT AnD CoRpoRATe CoMplIAnCe Health Care Fraud and the False Claims Act in 2011 The Government Enforcement and Corporate Compliance Committee hosted a panel at its Friday morning meeting to discuss trends in health care fraud prosecutions under the False Claims Act, including notable judgments and settlements in 2011, federal policies regarding both criminal prosecutions and civil enforcement, and tactics that have proved successful in defending and even avoiding these claims. Moderated by Jason L. Drori of K & L Gates LLP, the panel included David L. Douglass of Shook Hardy & Bacon LLP, James W. Kraus of Pietragallo Gordon Alfano Bosick & Raspanti LLP, José P. Sierra of Fish & Richardson PC, and J. Kennedy Turner III of Butler Snow O’Mara Stevens & Cannada PLLC.
Without Fear or Favor—The Expanding Threats to Judicial Independence Hon. Alison L. Asti, Circuit Court for Anne Arundel County, Maryland; Hon. Mark D. Martin, Supreme Court of North Carolina; Hon. Paul J. De Muniz, Oregon Supreme Court; and moderator J. Michael Weston of Lederer Weston Craig PLC address attendees of the Friday afternoon CLE session presented by the Judicial Task Force and the Lawyers’ Professionalism and Ethics Committee. The panel engaged in a discussion designed to educate the private bar about threats to judicial independence, and to provoke a meaningful conversation about the tripartite system of government and its impact on achieving justice for our clients. lIFe, heAlTh AnD DIsAbIlITy Life Insurance Update— Rescissions and Stranger Originated Life Insurance Jason A. Walters of Bradley Arant Boult Cummings LLP summarizes recent STOLI case law, placing particular emphasis on the issue of insurable interest, during Friday’s Life, Health and Disability Committee meeting. Sarah J. Delaney of Goldberg Segalla LLP and Michael P. Cunningham of Funk & Bolton PA also gave presentations during the CLE session on “Social Media in Life, Health and Disability Claim Matters” and “2011 Hot Topics in Life, Health and Disability Law,” respectively. MeDICAl lIAbIlITy AnD heAlTh CARe lAW Health Care Associated Infections and Their Effect on Litigation Trish M. Perl, MD, and M. Lauree Barreca, RN, both of the John Hopkins Health System, discuss health care-associated infections that can become the subject of litigation and can also be relevant to defending medical malpractice cases and other types of personal injury matters in the Thursday afternoon session presented by the Medical Liability and Health Care Law Committee. Attendees learned about the underlying science as well as defenses to these claims. pRoDuCT lIAbIlITy “Cause” for Alarm—Enforcing the Causation Requirement in the Defense of Aggregate Consumer Fraud Claims Jeffrey A. Holmstrand of Flaherty Sensabaugh Bonasso PLLC (left) and Jessica Davidson Miller of Skadden Arps Slate Meagher & Flom LLP consider the types of consumer fraud suits defendants can expect to see in the coming years during their presentation at the Friday morning Product Liability Committee meeting. The speakers discussed how defendants facing statutory consumer fraud claims can most effectively defend against plaintiffs’ allegations, focusing on the developing jurisprudence regarding “causation,” particularly in various forms of aggregate litigation. For The Defense ■ December 2011 ■ 23
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Page 8 and 9: DRI ToDay— The NexT 50 yeaRs 2011
Page 10 and 11: Embracing Our Common Humanity— Pr
Page 12 and 13: Scalia and Garner: Making Your Case
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