Below is the conference agenda and meeting materials for your reference. If you have any questions, please email Melisa Maisel Vanis.
2017 Professional Liability Roundtable - May 18, 2017
12:45 - 1:00 p.m.
Welcome and Introductions
Andrew Kopon, Jr., IADC President-Elect, Kopon Airdo, LLC, Chicago, IL
Samuel W. Outten, Program Chair, Nelson Mullins Riley & Scarborough LLP, Greenville, SC
1:00 - 2:15 p.m.
Use of Expert Testimony in Professional Liability
This session will explore the development and admissibility of expert testimony in professional liability litigation, with an emphasis on themes that cross several disciplines (attorney; accountant; architects and engineers; miscellaneous professionals; etc.). The panel will discuss the evolution of professional liability opinions in the post-Daubert landscape. This will first address the circumstances under which opinions on a professional standard of care and/or causation must be (or should be) subjected to scientific testing or peer-review. Second, where the opinions are not sufficiently technical, the extent to which the expert must be familiar with peers in the particular locale. Through focus on various jurisdictions and locales, the panel will provide practical advice for development of favorable testimony and critical cross examination of adverse testimony across this continuum, with a focus on the way in which different rules and the timing of selection can impact litigation costs and exposure.
Speakers:
Wilhelm Dingler, Marshall, Dennehey, Warner, Coleman & Goggin, PC, Philadelphia, PA
Nicholas W. Levi, Kightlinger & Gray, LLP, Indianapolis, IN
Kristi Lush, Zupkus & Angell, Denver, CO
David Soltero, Aspen Insurance, Jersey City, NJ
Materials:
2:15 - 2:30 p.m.
Refreshment Break
2:30 - 3:20 p.m.
Socially Unacceptable: Malpractice Exposure and Ethical Concerns with Lawyers’ Misuse of Social Media - Part I
This session will examine the cutting-edge topic of lawyers’ use of social media platforms like Facebook and Twitter, and how failure to use such social networking sites in a responsible and ethical manner can result in malpractice exposure, disciplinary actions, and adverse effects on cases, clients, and professional reputation. The panel will include a defense attorney; a leading expert on social media; legal ethics experts; and the VP of Claims for a national legal malpractice insurance carrier. Using recent real world examples from cases, disciplinary proceedings, and ethics opinions from around the country, this program will provide practical guidance on the ethical pitfalls associated with social media use as well as helpful pointers for avoiding them.
Speakers:
John G. Browning, Passman & Jones, A Professional Corporation, Dallas, TX
Steven C. Couch, Ohio Bar Liability Insurance Company, Columbus, OH
Jan L. Jacobowitz, University of Miami School of Law, Coral Gables, FL
Andrew R. Jones, Furman Kornfeld & Brennan LLP, New York, NY
Charles E. Lundberg, Lundberg Legal Ethics P.A., Roseville, MN
Materials:
3:20 - 3:35 p.m.
Refreshment Break
3:30 - 4:30 p.m.
Socially Unacceptable: Malpractice Exposure and Ethical Concerns with Lawyers’ Misuse of Social Media - Part II
This session will continue the discussion of the evolving landscape for lawyers practicing in the digital age, and the new standard of digital competence. It will look at the potential for social media misuse at virtually every stage in the case, from case investigation to discovery and preservation of evidence to researching prospective jurors’ online profiles. In addition, the panelists will examine the potential fallout from lawyers’ social media activities in their personal lives, including the impact on employment and client relationships.
Speakers:
John G. Browning, Passman & Jones, A Professional Corporation, Dallas, TX
Steven C. Couch, Ohio Bar Liability Insurance Company, Columbus, OH
Jan L. Jacobowitz, University of Miami School of Law, Coral Gables, FL
Andrew R. Jones, Furman Kornfeld & Brennan LLP, New York, NY
Charles E. Lundberg, Lundberg Legal Ethics P.A., Roseville, MN
Materials:
4:25 - 4:30 p.m.
Closing Remarks
Samuel W. Outten, Program Chair, Nelson Mullins Riley & Scarborough LLP, Greenville, SC