2021 Annual Meeting CLE Materials

Below you will find the CLE schedule with materials for the 2021 Annual Meeting.

Under each CLE program description, CLE materials are listed. Please click each hyperlink to access that specific CLE material. To view speaker biographies, click here.

If you have any issues accessing these materials, please contact Melisa Maisel Vanis, Director of Professional Development and Assistant Director of Meetings, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.

Sunday, August 15, 2021

Forever Chemicals: Chemical Persistence as a Litigation Risk
Committee Sponsors: Product Liability; Toxic and Hazardous Substances Litigation
Plaintiffs and environmental groups frequently challenge products that release or generate long-lasting chemicals into the environment, known euphemistically as "forever chemicals." These products pose a particular set of challenges to defense litigators and have resulted in some of the largest and most successful plaintiff litigation in the past. We will discuss the unique litigation role and risks of long-lasting chemicals and defense strategies for helping jurors understand the lack of risk from the continued presence of these materials. This program is suitable for practitioners in toxic torts, products liability, and trial strategies.

Moderator: William L. Anderson, Crowell & Moring LLP, Washington, District of Columbia USA
Speakers: Sharon L. Caffrey, Duane Morris LLP, Philadelphia, Pennsylvania USA; Sarahann Rackl, Exponent, Austin, Texas USA


Good Faith: Some Things Change, Some Stay the Same
Committee Sponsor: Insurance and Reinsurance
This panel will discuss the ever changing landscape of the duty of good faith in insurance law, including recent decisions from state and federal courts throughout the country. Constant vigilance for insurers is required to limit bad faith exposure. For instance, even an insurer’s offer to settle a claim for the policy limits on a high-damages case may not be sufficient to protect the insurer from bad faith exposure to an insured or third party. The panel will discuss the lessons learned from recent cases nationwide and consider what proactive steps can be taken by insurers to avoid bad faith exposure.

Speakers: Kathy J. Maus, Butler Weihmuller Katz Craig, LLP, Tallahassee, Florida USA; Kristen Perkins, Lewis Brisbois, Fort Lauderdale, Florida USA; Jeff Trimarchi, IAT Insurance Group, New York, New York USA


Help! They’ve Hijacked Our Network and They Want Money – Now What? Strategies for Managing the Cyber-Attack
Committee Sponsors: Cyber Security, Data Privacy and Technology; In-House and Law Firm Management
COVID-19 drove people online for school, work, and social interaction. Many businesses had no option but to quickly mobilize their workforce remotely to keep operating, increasing points of vulnerability and creating opportunities for cyber-criminals. The Department of Homeland Security reports that transnational criminal organizations have taken advantage of the opportunity, regularly sending emails with malicious attachments and links to fraudulent websites to gain access to data and resources and harvest sensitive information. The frequency and sophistication of ransomware attacks have prompted multi-agency alerts of imminent, coordinated threats against the U.S. health care and public health sector in October 2020. Planning for cyber incident response has become vital. When the attack occurs, organizations must act quickly to expel attackers, remediate vulnerabilities, and mitigate damage. The response often requires a business to undertake coordinated efforts with legal counsel and multiple external resources including incident response and forensic investigation teams, crisis communication managers, and even professional ransom negotiators. This session will include a ransomware negotiator, a forensic expert, and experienced breach response counsel. Participants will learn strategies for security incident response preparedness as well as best practices for managing through a cyber-attack.

Moderator: Sarah Spurlock, Stites & Harbison PLLC, Louisville, Kentucky USA
Speakers: Devon Ackerman, Kroll, Garner, North Carolina USA; Thomas Hofmann, Flashpoint, Alexandria, Virginia USA


Lessons on Effective Trial Strategy from My Cousin Vinny
Committee Sponsors: Business Litigation; Intellectual Property; Product Liability; Trial Techniques and Tactics
“Sheriff Farley, uh… What did you find out?” The scenes from one of our favorite trial movies will be used to illustrate and discuss real life lessons about how to try a case. The program will address topics such as: tailoring your cross-examination style to the witness on the stand; interactions with the presiding judge; examination of a witness without prior deposition; jury impressions of counsel’s conduct; and whether and when theatrics are ever a good idea.

Moderator: Shannon R. Joseph, Morningstar Law Group, Raleigh, North Carolina USA
Speakers: Jonathan Berkelhammer, Ellis & Winters LLP, Greensboro, North Carolina USA; Carol P. Michel, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, Georgia USA


New Normal of E-International Arbitration: How Has COVID-19 Changed International Arbitration Proceedings?
Committee Sponsors: Corporate Counsel; International; International Arbitration
The spread of the COVID-19 pandemic and the travel restrictions imposed by many governments have made it impossible to hold in-person hearings in international arbitration proceedings. However, given the very nature of international arbitration—with parties, counsel, witnesses, and arbitral tribunals often spread around the world—the use of technology to conduct virtual hearings can result in tremendous savings and efficiencies. The panelists will address how best to proceed with virtual arbitration hearings, analyze the legal issues and technical challenges that can arise therein, and share their experiences with effective solutions.

Moderator: Hiroyuki Tezuka, Nishimura & Asahi, Tokyo, Japan 
Speakers: Karl Hennessee, Airbus SE, Toulouse, France; Antonio Barbuto Neto, TozziniFreire Advogados, Sao Paulo, Brazil; Azusa Saito, Nishimura & Asahi NY LLP, New York, New York USA


Reverse Engineering Contract Clauses for Effective Risk Management of Delay Claims
Committee Sponsor: Construction Law and Litigation
This program will consider effective strategies for litigating construction delay claims. Audience will see examples of litigating claims to improve risk management practices for clients. Construction delays are frequently at the center of construction litigations and often require an expert's early involvement. Specific scenarios considered will include:
a. Owner’s counsel tries to recover maximum liquidated damages tied to substantial completion that requires multiple elements to be satisfied, e.g. punch list items, turnover documentation all included, etc. Owner uses the delay of relatively minor punchlist items to obtain LDs even though the project was up and functioning.
b. Critical path is poorly defined in the contract or not defined at all. The experts on both sides end up with an apples to oranges delay analysis that the confuses a fact finder, resulting in a split down the middle.
c. Contractual notice provision states that notice for any delay claim must be made via formal correspondence and every week, as the delay progress, contractor fails to make proper delay claim. While evidence establishes there was notice given during progress meetings, reflected in meeting minutes, no “formal correspondence” for the delay claim is provided. Has contractor waived the claim?

Moderator: Nathan Cole, Kenney & Sams, P.C., Boston, Massachusetts USA
Speakers: Anamaria Popescu, Berkeley Research Group, LLC, Denver, Colorado USA; Scott H. Sirich, Plunkett Cooney, P.C., Bloomfield Hills, Michigan USA; William Thomas, Gausnell, O’Keefe & Thomas, LLC, Saint Louis, Missouri USA


The Historical Roots of Mediation
Committee Sponsors: Alternative Dispute Resolution; International Arbitration
This program will examine the historical origins of the mediation process and how those “roots” serve as the foundation for how we mediate disputes today to achieve effective resolutions which allow for continued productive relationships among the parties involved. Hear from international members of IADC discuss how historical origins of mediation continue to shape the dispute resolution practices on their respective continents. The panel will also discuss “hot topics” in mediation that will help members achieve even greater levels of success in their mediation practice.

Moderator: Paul Lefebvre, Hanotiau & van den Berg, Brussels, Belgium
Speakers: Gbolahan Elias, G. Elias & Co., Lagos Island, Nigeria; Maw Shen Foo, Dentons Rodyk & Davidson LLP, Singapore; Manuel Moctezuma, Moctezuma Castro S. C., Mexico City, Mexico


What Do a Truck and a Refrigerator Have in Common? From Product Liability to Trucking Casualty Defenses -- Telematics Tell All
Committee Sponsors: Cyber Security, Data Privacy and Technology; Insurance Executives; Product Liability; Transportation
This program will educate IADC members how to use Telematics evidence as a shield and a sword. Whether product liability or catastrophic trucking accidents, defence counsel must be aware that telematics create a source of useful or harmful evidence that can assist in the early resolution or trial. While the products are diverse - the information is not. This panel will explore the potential changes pending in litigation which parallel how understanding meta data changed the nature of documentary production - from confidentiality, to cybersecurity, to gaining an advantage through precise collection of data, telematics tell all.

Moderator: Heather C. Devine, Alexander Holburn Beaudin + Lang LLP, Toronto, Ontario Canada
Speakers: Donna L. Burden, Burden, Hafner & Hansen, LLC, Buffalo, New York USA; Vincent M. Catanzaro, FedEx, Philadelphia, Pennsylvania USA; Brian Del Gatto, Wilson Elser LLP, Phoenix, Arizona USA; Jeff Simmons, Global Tranz Enterprises, Phoenix, Arizona USA


Monday, August 16, 2021

9:00 - 10:30 a.m.                              
Opening Session
*No CLE credit.

10:30 - 11:30 a.m.
Open Forum - David Brooks
*No CLE credit.

12:30 - 2:00 p.m.
101 Years of IADC: The Laws and Cases That Defined the Past Century and a Look Ahead
1920: the 18th and 19th Amendments to the U.S. Constitution went into effect, enacting Prohibition and granting women the right to vote; the first radio station (in Pittsburgh, Pennsylvania USA) offered regular broadcasts (TV was not in existence); the First Red Scare came to an end and the ACLU was born in the U.S.; the Treaty of Trianon was signed between the Allies and Hungary, ending World War I between the two sides; Charles Ponzi created the first Ponzi scheme; and the IADC was created. 2020: Self-driving cars; 24-hour news cycles with thousands of television stations; the #MeToo movement; the COVID-19 pandemic; a global economy; the internet; and connected products. 2120: What will the global and legal landscapes look like in the next 100 years? We take a walk back through legal history and public policy and discuss what the future may hold for law and public policy in the U.S. and abroad.

Moderator: Charles E. Reynolds, II, Trenam Law, Tampa, Florida USA
Speakers: Prof. Nadav Shoked, Northwestern University School of Law, Chicago, Illinois USA; Mary-Christine Sungaila, Buchalter, Irvine, California USA; Prof. G. Edward White, University of 
Virginia School of Law, Charlottesville, Virginia USA


Tuesday, August 17, 2021

9:00 - 10:30 a.m.
Sum and Substance: Civil Rights Litigation During the Past 101 Years and Its Effect on IADC
IADC members from various demographic groups will address landmark civil rights cases including some that have personally affected their lives. Gail Rodgers will address women’s rights and Loving v. VA. Joe Cohen will address LGBTQ rights. Brandee Kowalzyk will address the rights of Native Americans, and Craig Thompson will address the rights of Black Americans. Join us for a discussion of human rights over the last century and their impact on these people’s lives.

Speakers: Joseph D. Cohen, Porter Hedges LLP, Houston, Texas USA; Brandee Kowalzyk, Nelson Mullins Riley & Scarborough LLP, Atlanta, Georgia USA; Gail Rodgers, DLA Piper, New York, New York USA; Craig A. Thompson, Venable LLP, Baltimore, Maryland USA


10:45 a.m. - 12:15 p.m.
It’s a Small World After All: Strategies for Improving Cultural Competency
To effectively represent clients and lead teams both in house and in law firms, we need to understand the underlying dimensions of culture and the role culture plays on the global workforce, the business between two culturally diverse entities, and the development and retention of a diverse team. This interactive program is designed to develop global competency by encouraging an openness to diverse ways of thinking, imparting information about cultural nuances that drive behavior in litigation and transactions across the globe, and help lawyers successfully manage business in various cultures.

Speakers: Aisha Ahmed Abdallah, Anjarwalla & Khanna Advocates, Nairobi, Kenya; Nicole Barile, NB Intercultural, Cleveland, Ohio USA; Elaine Acorci Machado, Continental Corporation, Sao Paulo, Brazil


1:30 - 3:00 p.m.
The Only Thing That Is Constant Is Change: The Evolving Legal Landscape Of Climate Change
This program will look at historical efforts to bring about social change through litigation or governmental regulation with an emphasis on climate change as it explores how companies around the world are grappling with new threats to their business, new regulatory enforcement, financial disclosures related to climate change, and powerful social pressure to reduce their impact on the environment.

Moderator: Sharon Donaldson Stuart, Christian & Small LLP, Birmingham, Alabama USA
Speakers: Jan Bouckaert, Stibbe, Brussels, Belgium; Patrick Hedren, National Association of Manufacturers, Washington, District of Columbia USA; Margaret E. Peloso, Vinson & Elkins LLP, Washington, District of Columbia USA


3:15 - 4:45 p.m.
Sleep for Success: Sleep Health, Productivity, and Leadership
Committee Sponsor: In-House and Law Firm Management
This program will explore cutting-edge science about the importance of sleep for adults and children, the long-term consequences of inadequate sleep on the brain, and will include concrete advice on steps you can take now to improve the quality of your life, general health, and business performance, with an emphasis on the importance of sleep and restorative rest periods. Now more than ever legal organizations need to prioritize the well-being of lawyers instead of the all too pervasive culture of long hours and minimal rest that leads to burn out and stress-related illnesses. This program will change the way you live, work, and sleep.

Speaker: Matthew Davis, MD, Sleep Dynamics, West Long Branch, New Jersey USA


Wednesday, August 18, 2022

9:00 - 10:30 a.m.
Difficult Conversations: Moving From Avoidance to Opportunity
Even though lawyers are in the business of conflict resolution, they actually hate conflict and will often avoid having those difficult conversations at the office, at home, and with their clients. But, unresolved conflict exacts a price from individuals, teams, and organizations. This interactive program explores this issue and provides some simple tools for changing the dynamics to avoid the ethical pitfalls that come from not having those difficult conversations and instead allowing that conflict to become an opportunity for individual and professional growth so you stop avoiding the conversations that you dread.

Speaker: Prof. Julie Showers, University of Minnesota, Minneapolis, Minnesota USA


10:45 a.m. - 12:15 p.m.
City of Chicago vs. Catherine O’Leary (and her cow)
This program will showcase the talent and creativity of two of our top-notch trial attorneys as they present closing arguments in a trial close to the heart of Chicago, and a jury consultant will engage the audience with a discussion following the two closing arguments about the themes woven into the arguments, any visual aids used, and the points that resonated with the jury.

Speakers: Michael A. Brown, Nelson Mullins Riley & Scarborough LLP, Baltimore, Maryland USA; Aref Jabbour, IMS Consulting & Expert Services, Oakland, California USA; Sherry Knutson, Tucker Ellis, Chicago, Illinois USA; Jessalyn H. Zeigler, Bass, Berry & Sims PLC, Nashville, Tennessee USA


Thursday, August 19, 2021

9:00 - 9:30 a.m.
Closing Session
*No CLE credit.