For The Defense, December 2011 - DRI Today

More documents

Recommendations

Info

pRoFessIonAl lIAbIlITy Sidestepping the Fraudulent Concealment Landmine Shana A. O’Grady of Mulherin Rehfeldt & Varchetto PC addresses claims of fraudulent concealment asserted against professionals as a means to avoid statutes of limitation defenses during the Thursday afternoon Professional Liability Committee meeting. Ms. O’Grady discussed the available defenses to such claims, as well as the policy debate regarding common law rules that subsume fraudulent concealment tolling provisions. ReTAIl AnD hospITAlITy Managing and Responding to a Crisis During the Retail and Hospitality Committee’s business meeting and CLE, Paul E. White of Sugarman Rogers Barshak & Cohen PC (left) and Jennifer Anderson Hoffman of Marlow Connell Abrams Adler Newman & Lewis PA draw on some real-life examples and a vivid hypothetical scenario to illustrate some of the key strategies that need to be employed to manage a crisis quickly, responsibly and effectively. TeChnology Technology Killed the Dinosaur— How to Defeat the Plaintiffs’ Bar’s Latest Reptile Strategy The newest trend among the plaintiffs’ bar involves triggering the “reptilian brain” in jurors. The book, Reptile: The 2009 Manual of the Plaintiff’s Revolution, suggests that jurors should be perceived as having reptilian-type brains that respond to survival instincts. During the Technology Committee’s business meeting and CLE on Thursday afternoon, Matthew G. Moffett of Gray Rust St. Amand Moffett & Brieske LLP taught attendees how to counter this “reptile” strategy using technological savvy and creative lawyering skills. 24 ■ For The Defense ■ December 2011 ToxIC ToRTs AnD envIRonMenTAl lAW How the Restatement (Third) Confused Risk and Causation and Wound Up Restating Precautionary Principle David A. Oliver of Vorys Sater Seymour and Pease LLP shares his concerns about the potential effect of the Restatement (Third) on the future of toxic tort claims on Friday morning, when he was one of three presenters at the Toxic Torts and Environmental Law Committee’s business and CLE meeting. In addition, Keith B. Hall of Stone Pigman Walther Wittmann LLC presented “Hydraulic Fracturing and the Environment—Drink Up!,” Jill M. Hutchison of Jenner & Block LLP spoke on “Taking the Sting out of Stigma Damages—Combating Claims for Lost Property Value,” and Martha C. Gaythwaite of Friedman Gaythwaite Wolf & Leavitt LLP shared “War Stories from a Manufactured Gas Plant Trial.” TRIAl TACTICs Is the Collateral Source Rule Dead, Dying or Poised for a Comeback? John C.S. Pierce of Butler Pappas Weihmuller Katz Craig LLP talks during the Trial Tactics Committee’s Thursday meeting about the debate across the country about whether the collateral source rule protects the right of plaintiffs to collect the “billed” amount of medical services, as opposed to the amount “paid” for those services. Mr. Judge identified the different approaches used around the country, discussed emerging trends, and suggested arguments to help nudge a court in the right direction. Christopher A. Bottcher of Sirote & Permutt PC also spoke at the committee meeting on “Defending Lenders, Servicers and Nominees in Mortgage Litigation.” TRuCkIng lAW E-Discovery Issues Unique to Trucking Litigation Stacy Erin Rowell, Manager of Accident Claims/Legal, Southeastern Freight Lines brings her experienced perspective to describe the types of E-Info available through Engine Control Modules, on-board communications and satellite tracking systems, to name a few, at the Trucking Law Committee’s Thursday business meeting and CLE. Philip M. Gulisano of Burden Gulisano & Hickey LLC also presented at the meeting on “Federal Compliance, Safety and Accountability Initiative Safety Management Systems.”
WoMen In The lAW Defining and Promoting Your Personal Market Niche Theda C. Snyder of Ringler Associates, business development expert and author of Women Rainmakers’ Best Marketing Tips, speaks to attendees of Friday morning’s Women in the Law Committee meeting. Ms. Snyder discussed how women lawyers can become successful rainmakers and explained that developing a personalized and targeted marketing plan is the key. Abundant Networking Opportunities Below, a young lawyer-to-be dances at Friday evening’s perennial favorite, the Young Lawyers Networking Reception. WoRkeRs’ CoMpensATIon Workers’ Compensation Premium Fraud Michael R. McCann of Michael R. McCann PA speaks to attendees of the Workers’ Compensation Committee meeting about the importance of recognizing and addressing premium fraud, especially as it has become more prevalent in a tight economy. Scott Ethan Brown, MD, of Sinai Rehabilitation Center also spoke at the Thursday afternoon meeting on “The Chronic Pain Syndrome and Narcotics—A Medical Black Hole.” young lAWyeRs Don’t Be That Guy (or Gal)—Avoiding Common Ethical Pitfalls Anthony J. Novak of Larson King LLP reviews common ethical dilemmas facing young lawyers by examining real-life examples of situations in which lawyers, either unknowingly or brazenly, ran afoul of the ethical rules. This Thursday afternoon session was presented by the Young Lawyers Committee. Above left, Evelyn Fletcher Davis, then-chair of the Women in the Law Committee and above right, Heidi B. Goldstein, the committee’s Program Chair, address attendees at Friday’s Women’s Networking Luncheon. Members of Womble Carlyle Sandridge & Rice PLLC, sponsor of the Thursday evening Diversity Reception. For The Defense ■ December 2011 ■ 25
Page 2 and 3: Complex Claims Require Expert Knowl
Page 4 and 5: DRI—The Voice of the Defense Bar
Page 6 and 7: DRI Services 55 West Monroe Street
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
Page 14 and 15: Transportation Security— Its Evol
Page 16 and 17: The Awards This year during the DRI
Page 18 and 19: plan committed to achievement, sens
Page 20 and 21: National Conclave of State and Loca
Page 22 and 23: Over Criminalization of Business Co
Page 24 and 25: 22 ■ For The Defense ■ December
Page 28 and 29: PROducT LIabILITy Past Is Prologue
Page 30 and 31: Product LiabiLity specific faciliti
Page 32 and 33: Product LiabiLity the two types of
Page 34 and 35: Product LiabiLity sive, albeit inco
Page 36 and 37: Professional liability The Times Th
Page 38 and 39: Professional liability ity of those
Page 40 and 41: Professional liability policies exc
Page 42 and 43: dRug and MedIcaL devIce FDA Regulat
Page 44 and 45: Drug anD MeDical Device a health ca
Page 46 and 47: Drug anD MeDical Device the manufac
Page 48 and 49: Drug anD MeDical Device “mere bee
Page 50 and 51: TRuckIng Law From the Chair By Kurt
Page 52 and 53: Trucking Law Rapid Response Teams B
Page 54 and 55: Trucking Law important way to docum
Page 56 and 57: Trucking Law there is no way to kno
Page 58 and 59: Trucking Law sonally witnesses an a
Page 60 and 61: Trucking Law A driver’s refusal t
Page 62 and 63: Trucking Law the likely attitudes o
Page 64 and 65: Trucking Law aging juror responsive
Page 66 and 67: Trucking Law Cross-border trucking
Page 68 and 69: Trucking Law Wake-Up Call for Carri
Page 70 and 71: Trucking Law den of proof standard
Page 72 and 73: Trucking Law The court concluded th
Page 74 and 75: Trucking Law share some of her know
Page 76 and 77:
Trucking Law formula and are also n
Page 78 and 79:
Trucking Law Intervention and “No
Page 80 and 81:
Writers’ Corner Social Proof Why
Page 82 and 83:
ThInk gLObaLLy 10 Tips Obtaining Ev
Page 84 and 85:
Attorneys defending motor carriers
Page 86 and 87:
FMSCa evaluation, from page 77 Smit
Page 88 and 89:
may decide that failing to take thi
Page 91 and 92:
Pennsylvania Bonnie S. Stein, Morri
show all

For The Defense, December 2011 - DRI Today

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?