Below you will find the CLE schedule for the 2018 Annual Meeting. Under each CLE program description, CLE materials are listed. Please click each hyperlink to access that specific CLE material. If you have any issues accessing these materials, please contact Melisa Maisel Vanis, Assistant Director of Meetings and Professional Development, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Sunday, July 8
7:30 - 8:30 a.m.
Corporate Counsel/In-House and Law Firm Management
In-House Legal Department Convergence Projects: A Friend or Foe to Outside Counsel?
VITIS I
As a corporate law department matures, a byproduct of its growth is often an outside counsel network that is too large. An outside counsel network that is not the right size can result in inconsistent work product and positions being advanced in court; difficulty quickly communicating changes about the corporation to outside counsel; duplicate work being performed; and the inability to develop deep, trusted relationships with each outside law firm. An over-sized outside counsel network also can be detrimental to outside counsel, as the volume of work awarded may be small and distributed in piecemeal fashion as a result of a lower quality relationship with in-house counsel. This program brings together well-respected consultants who have extensive experience partnering with corporate legal departments on convergence initiatives, and in-house counsel who have undertaken such initiatives. During the program, the following questions will be answered: "What is a convergence initiative?" "Isn't this just an attempt to save money and shift the cost burden to outside counsel?" "What type of work is best-suited for a convergence project?" "How do alternative fee arrangements interplay with convergence initiatives?” and "What bumps a law firm to the top of the list and what relegates a firm to the bottom of the list?"
Speakers: Vincent Cordo, Jr., Shell Oil Company, The Hague, Netherlands; D. Casey Flaherty, Procertas LLC, Austin, TX USA; Joseph Milcoff, FedEx, Moon Township, PA USA; Amanda T. Perez, Pfizer Inc., New York, NY USA
Materials:
7:30 - 8:30 a.m.
Diversity and Inclusion/Employment Law/International/Social Justice Pro Bono
Inclusive Education and Employment – European Style
VITIS II
As the Universal Declaration of Human Rights states: “Everyone has the right to work, to free choice of employment, to just and favorable conditions of work, and to protection against unemployment.” This human right is supported by inclusive education as well as an inclusive workplace. The Arcil Foundation, which is a large Portuguese not-for-profit, is a leader in establishing diverse and inclusive workplaces, including restaurants where many of the staff members experience disability or some type of restriction to participation. It is also at the forefront of the educational movement ensuring that education is inclusive and has the goal of preparing all students for functionality, independence, and participation in society and the workplace. Join us as João Canossa Dias, who is Arcil’s Director of Rehabilitation Services, shares with us the positive experiences and different ways education and employment can be and should be diverse and inclusive.
Moderator: Bonnie Mayfield, Dykema Gossett PLLC, Bloomfield Hills, MI USA
Speaker: João Canossa Dias, The Arcil Foundation, Lousa, Portugal
Materials:
7:30 - 8:30 a.m.
Drug, Device and Biotechnology/Product Liability
Lemons to Lemonade: Capitalizing on Opportunities Created by Litigation
VITIS III
While litigation budgets are seen as a cost center with no value-add for the company, your company and/or client can experience some actual benefits from litigation-related activities. This presentation explores how to use litigation as an opportunity to: 1) engage in risk assessment and risk mitigation based on issues identified by the outside litigation team; 2) lower future costs by investing in reusable work product; 3) take charge of company data through data maps and file management; and 4) engage new talent, including junior and
diverse attorneys.
Speakers: Julie Coletti, KaVo Kerr Group/Danaher Corporation, Pittsburgh, PA USA; Lisa M. Floro, Coloplast Corp., Minneapolis, MN USA; Katherine Lett, Norton Rose Fulbright US LLP, Dallas, TX USA
Materials:
7:30 - 8:30 a.m.
Insurance and Reinsurance
Evolving Insurance Coverage Challenges in Opioid Litigation
VITIS IV
The opioid epidemic has led to an explosion of lawsuits by states, counties, cities, and Native American nations against pharmaceutical manufacturers and distributors of opioid drugs as well as pharmacies. The allegations of these suits run the gamut from negligence and product liability to claims under consumer fraud statutes and the False Claims Act. These cases raise novel issues for insurers and their insureds alike, and they have given rise to significant coverage litigation. In this presentation, we will examine recent decisions and pending cases affecting insurance coverage for opioid litigation. We will discuss the ways in which courts are addressing claims based on the types of allegations in the underlying complaints and will provide guidance for what to expect as the courts refine the law in this emerging coverage arena.
Moderator: Elizabeth J. Bondurant, Womble Bond Dickinson LLP, Atlanta, GA USA
Speakers: Mario Fiorino, Insurance Bureau of Canada, Toronto, ON Canada; Michael A. Hamilton, Goldberg Segalla LLP, Philadelphia, PA USA; Albert C. Hilber, Swiss Re America Corporation, Armonk, NY USA
Materials:
8:45 - 10:15 a.m.
Opening Session
MORUS II, III, IV
10:15 - 11:30 a.m.
Open Forum – José Manuel Barroso
MORUS II, III, IV
Monday, July 9, 2018
7:30 - 8:30 a.m.
Civil Justice Response/Product Liability/Toxic and Hazardous Substances Litigation
Mass Torts and the Rule of Law: A Study in Talc
SPONSORED BY MRC
VITIS I
Has the Rule of Law been completely abandoned in mass tort litigation in the U.S.? Using the explosive talc litigation as a backdrop, our expert panel will explore recent trends in U.S. mass tort litigation and lead a lively discussion sharing insights (and horror stories) on topics including: forum shopping and choice of law; tainted juries; rules of evidence; expert standards; and verdict values. Finally, the panel will invite consideration as to whether one can find hope, and the Rule of Law, at the appellate level.
Speakers: William L. Anderson, Crowell Moring, Washington, DC USA; Michael R. Klatt, Gordon & Rees, Scully Mansukhani, LLP, Austin, TX USA; Edward O’Toole, HDI-Global SE, Hannover, Germany
Materials:
7:30 - 8:30 a.m.
Corporate Counsel/Environmental and Energy Law/Insurance and Reinsurance
Crisis and Tragedy - It's What We Do!
VITIS II
Join us for an interactive panel discussion providing practice pointers for responding to environmental disasters. This program will discuss the various laws (U.S. and international) which govern disaster response, the ways to protect your corporate clients in anticipation of disasters, and best practices in responding to environmental disasters. The program will include a discussion about the types of coverage available from non-traditional insurance and reinsurance policies and the mining and construction of applicable insurance terms such as "business interruption." Hear real world advice about how to interact with governments, regulatory agencies, and insurance carriers after an environmental disaster so as to protect your clients' interest, limit their liability, and mitigate business loss.
Moderator: William A. Ruskin, William Ruskin Law, Rye Brook, NY USA
Speakers: Daniel W. Gerber, Gerber Ciano Kelly Brady LLP, New York, NY USA; Peter Jarvis, AIG, London, England
Materials:
7:30 - 8:30 a.m.
Cyber Security, Data Privacy and Technology/International
Data Breach Under the GDPR – What Can Be Learned From the U.S. Experience?
VITIS III
With the implementation and enforcement of the General Data Protection Regulation (GDPR), companies that collect information about EU residents may face requirements to notify individuals about a release of their personal information. Most U.S. states have had such requirements in place for many years and have actively enforced such requirements. Yet, the two notification models are very different. Learn how to address both EU and U.S. data breach notification requirements. The program will address what is on the horizon in class action breach litigation. Although denounced by many, class action breach litigation has been successful in identifying organizations that neglected to keep systems current (e.g. Wyndham Worldwide and the “WannaCry” exploit). Panelists will share insights from the perspectives of an advocate for legal reform as well as EU and U.S. cybersecurity specialists.
Speakers: Robert Bond, Bristows LLP, London, England; Elena Jelmini Cellerini, Swiss Re - Corporate Solutions, London, England; J. David Duffy, Thompson Coburn LLP, Chicago, IL USA
Materials:
8:45 - 10:15 a.m.
How to Win Trademark Infringement Lawsuits and Influence Jurors
Sponsored by Intellectual Property Committee and Trial Techniques and Tactics Committee
MORUS I & II
The hallmark of trademark infringement is a likelihood of confusion among consumers. In this engaging and interactive program, a mock jury will hear arguments from seasoned counsel based on two famous trademark disputes, after which it will announce its verdict. This program will educate the audience on what resonates with juries and how to persuade them on trademark infringement issues as well as how to advise domestic and foreign clients embroiled in trademark disputes.
Moderator: Sandra J. Wunderlich, Tucker Ellis LLP, Saint Louis, MO USA
Speakers: Mark R. Beebe, Adams and Reese LLP, New Orleans, LA USA; Neville H. Boschert, Jones Walker LLP, Jackson, MS USA; Jennifer Haltom Doan, Haltom & Doan, Texarkana, TX USA; Deborah K. St. Lawrence Thompson, Nelson Mullins Riley & Scarborough LLP, Baltimore, MD USA
Materials:
8:45 - 10:15 a.m.
Multi-Party and Multi-Contract Disputes in International Arbitration
Sponsored by International Committee and International Arbitration Committee
MORUS III
Major commercial projects typically involve multiple parties and interconnected contracts. When settling disputes arising from these projects through international arbitration, parties and counsel face various challenges not typically encountered in state court litigation involving multiple parties and contracts. In the context of a hypothetical fact scenario, this panel comprised of experienced in-house and external counsel will show you how to address such challenges based on the major arbitration rules and their recent amendments designed to address multi-party and multi-contract situations. Issues to be discussed include intervention or joinder of non-signatories having a direct interest in the outcome; parallel or follow-on arbitrations in related contracts or involving the same or related parties; confidentiality and privacy issues; and effectively tailoring arbitration clauses.
Moderator: Torsten Lörcher, CMS Hasche Sigle, Cologne, Germany
Speakers: Susanne Gropp-Stadler, Siemens AG, Munich, Germany; Elizabeth Haecker Ryan, Coats Rose, New Orleans, LA USA; Sitpah Selvaratnam, Tommy Thomas, Kuala Lumpur, Malaysia
Materials:
10:30 a.m. - 12:00 p.m.
Artificial Intelligence and the Legal Profession
Sponsored by Cyber Security, Data Privacy and Technology Committee, In-House and Law Firm Management Committee, Insurance and Reinsurance Committee, Medical Defense and Health Law Committee, Product Liability Committee, and Transportation Committee
MORUS I & II
More and more legal work is being delegated to machines including document review, due diligence, and decisions about where to file a case and its likely outcome. What exactly is meant by “artificial intelligence,” and how does it work? In this cutting-edge session, two leading experts in AI will cover what supervised machine learning is, how it is currently being used in the legal profession, what issues it raises for lawyers, and what impact AI may have on the delivery of legal services in the future. This is a program you will not want to miss!
Moderator: R. Douglas Vaughn, Deutsch Kerrigan, LLP, Gulfport, MS USA
Speakers: Mark Bowman, Fasken Martineau DuMoulin LLP, Toronto, ON Canada; Professor Maura Grossman, University of Waterloo, Waterloo, ON Canada
Materials:
12:15 - 1:00 p.m.
General Interest
Judge José Luís da Cruz Vilaça
MORUS III
Tuesday, July 10, 2018
7:30 - 8:45 a.m.
The Disputes Investor Cometh: Global Rise of Third-Party Disputes Finance in Litigation and International Arbitration
Sponsored by International Committee and International Arbitration Committee
MORUS III
What do a £14 billion class-action lawsuit against MasterCard on behalf of all United Kingdom residents, an environmental class action against Chevron by Nigerian villagers, and a mass tort claim against leading U.S. life science companies involving tens of thousands of plaintiffs have in common? The answer is third party disputes finance. Third party disputes finance has become a multi-billion dollar global industry in the past decade. The industry’s impact clearly extends to disputes around the world. Administrative regulation and judicial oversight of this industry are inconsistent across jurisdictions. Clients and counsel facing funded disputes have distinct strategic issues when addressing the role of the funder. Our global panel of experts will address how to deal with such key practical issues as disclosure, discovery, and jurisdictional regulation, as well as general strategic considerations.
Moderator: Tripp Haston, Bradley LLP, Birmingham, AL USA
Speakers: Eliana Buonocore Baraldi, Souto, Correa, Cesa, Lummertz & Amaral Advogados, São Paulo, Brazil; Duarte Henriques, BCH Lawyers, Lisbon, Portugal; Ariel Ye, King & Wood Mallesons, Shenzhen, China
Materials:
9:00 - 10:30 a.m.
Challenging the Plaintiff’s Economic Damages Expert
Sponsored by Business Litigation Committee, Medical Defense and Health Law Committee, and Trial Techniques and Tactics Committee
SPONSORED BY RGL FORENSICS
MORUS I & II
This program will demonstrate how to effectively challenge an economic damages expert in a significant commercial case. The program will showcase a mock cross examination of the plaintiff’s forensic accounting expert by a skilled litigator. The demonstration will be followed by a moderated discussion and debrief addressing what was most effective in the cross-examination, and discussing the various strategies to best expose the weaknesses in a damages expert report.
Moderator: Erik W. Legg, Farrell, White & Legg PLLC, Huntington, WV USA
Speakers: Stephanie M. Rippee, Watkins & Eager PLLC, Jackson, MS USA; James Stanbury, FCA, MAE, ACIArb, RGL Forensics, London, England
Materials:
9:00 - 10:30 a.m.
Cross-Border Insolvency: “Help, My Bankruptcy is Getting International!”
Sponsored by International Committee
MORUS III
Insolvency scenarios with international implications present unique challenges. This panel will address how one would deal with a transborder insolvency case in various jurisdictions that have developed mechanisms to deal with these challenges, such as the EU, U.S. and Canada, and Southeast Asia. The panel will address (i) the impact of the EU insolvency regulation entered into force in 2002 on European cross border insolvencies; (ii) the Nortel case in which the courts in Canada and the U.S. cooperated in a cross-border insolvency (presented by the Justice who presided over the Canadian proceedings); and (iii) the situation in Southeast Asia, where courts have started to cooperate in cross-border insolvency matters. This is truly a global program which will be of interest to outside counsel and corporate counsel alike.
Moderator: Daniela Karollus-Bruner, CMS Reich-Rohrwig Hainz Rechtsanwalte GmbH, Vienna, Austria
Speakers: Maw Shen Foo, Dentons Rodyk & Davidson LLP, Singapore; Professor Michèle Grégoire, Jones Day, Brussels, Belgium; The Honorable Frank Newbould, Retired Ontario Supreme Court Justice, Toronto, ON Canada
Materials:
10:45 a.m. - 12:15 p.m.
The Nice Factor: Benefits in Litigation and Life
Sponsored by Diversity and Inclusion Committee, Medical Defense and Health Law Committee, and Product Liability Committee
MORUS I & II
Come hear a “happiness expert” explain the significant health and relationship benefits of behaving altruistically. Discover the science that shows that positive emotions lead to objective measures of increased life success. Learn about the neurophysiology that can make good relationships happen more easily and with more reward. Our other speaker, a leading professional responsibility and ethics lawyer, will address the importance of civility between lawyers as a matter of legal ethics, including such issues as: What do lawyers mean when they talk about civility? Is civility good advocacy? Is civility inconsistent with a lawyer’s duty to be a zealous advocate for clients? At what point does incivility become professional misconduct?
Moderator: Bonnie Mayfield, Dykema Gossett PLLC, Bloomfield Hills, MI USA
Speakers: Paul Krismer, Happiness Experts Company, Victoria, BC Canada; Gavin MacKenzie, MacKenzie Barristers, Toronto, ON Canada
Materials:
5:00 - 6:00 p.m.
International Committee Business Meeting
VITIS I & II
Wednesday, July 11, 2018
7:30 - 9:00 a.m.
Whistleblowers: International Phantom Menaces or Jedi Knights?
Sponsored by Corporate Counsel Committee, International Committee, and White Collar Defense and Investigation Committee
MORUS I & II
As every general counsel knows, nothing strikes fear into the hearts of senior management and the directors of a company like a well-placed whistleblower. This panel will discuss the whistleblower phenomenon from an international perspective. Our expert panelists will discuss, in an interactive and dynamic format, whistleblower issues in the context of multi-national investigations. Who is more likely to become a whistleblower? Are there effective compliance programs that can be adopted by companies to encourage the timely and productive exposure of areas of corporate concern in order to avoid employees from going “rogue?” How can inside counsel or external lawyers identify the “canary in the mine” in their industry and take suitable precautions to identify problem areas and mitigate potential damage? What resources are available to counsel to investigate potential wrongdoing or ethical lapses in their companies and their international affiliates through local counsel, trade associations, mutual legal assistance treaties, and other resources?
Moderator: Michael W. Magner, Jones Walker LLP, New Orleans, LA USA
Speakers: Andrew T. Clarke, Exxonmobil, London, England; Peggy Kubicz Hall, Greene Espel P.L.L.P., Minneapolis, MN USA; Robert J. Sergesketter, Fieldwood Energy LLC, Houston, TX USA
Materials:
9:15 - 10:45 a.m.
What and Why You Need to Know About Blockchain
Sponsored by Business Litigation Committee, Corporate Counsel Committee, Cyber Security, Data Privacy and Technology Committee, Insurance and Reinsurance Committee, and International Committee
MORUS I & II
Blockchain technology has been described as the “biggest thing since the internet.” You need to know about it! This panel will provide a global and multi-generational viewpoint on this emerging technology and its impacts. Our expert panelists will explain, in practical terms, the origins of blockchain, its current uses, and how it will impact both your law practice and the rest of your daily life in the future. The panel will explain the intersection of blockchain technology and cryptocurrencies such as Bitcoin; how blockchain has been shown to be secure and reliable in sensitive industry markets including banking, security, and healthcare; and why it is expected to be used to expedite commercial transactions and improve data security in these sectors and beyond.
Moderator: Alexandra Simotta, SIX Payment Services (Austria) GmbH, Vienna, Austria
Speakers: Jags Rao, SwissRe, Zurich, Switzerland; Emily Vaughn, Change Healthcare, Nashville, TN USA; Justin Wu, Etherify, Lisbon, Portugal
Materials:
11:00 a.m. - 12:15 p.m.
A World of Difference – The Future of Mass Torts
Sponsored by Corporate Counsel Committee, Drug, Device and Biotechnology Committee, International Committee, and Product Liability Committee
MORUS I & II
In-house lawyers for product manufacturers understand that litigation from dissatisfied customers has become part of “doing business.” Single claims, or even dozens of claims, do not cause sleepless nights. However, the mass tort proceeding that follows a warnings label modification, a design or manufacturing process change, or a product withdrawal can be “bet-the-company” litigation. The mass tort business model has moved beyond the U.S. border to Canada, parts of Europe, and Australia. However, procedural and substantive differences in these jurisdictions have produced uneven results. This panel will examine this “world of difference” in mass torts; attempt to predict the future in these jurisdictions based on the current economic, political, and legislative climates; and identify which aspects of these varying legal systems could be used to develop a mass tort system that provides for the fair and efficient adjudication of meritorious claims.
Moderator: Douglas J. Moore, Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA USA
Speakers: Roderick Bourke, McCann FitzGerald Solicitors, Dublin, Ireland; Sheila Brodbeck, Pfizer Inc., New York, NY USA; George Kokkines, Takeda Pharmaceuticals U.S.A., Inc., Deerfield, IL USA; Peter J. Pliszka, Fasken Martineau DuMoulin LLP, Toronto, ON Canada
Materials:
Thursday, July 12, 2018
9:00 - 10:30 a.m.
Closing Session
MORUS IV