Below you will find the CLE schedule with materials for the 2021 Virtual Midyear 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, Director of Professional Development and Assistant Director of Meetings, at firstname.lastname@example.org or Ashley Hatfield, Director of Communications, at email@example.com.
Monday, February 15
PFAS-ten Your Seatbelt: Strategies for Responding to the Fast-Moving Regulation and Litigation of PFAS Compounds
Committee Sponsors: Environmental and Energy Law; Toxic and Hazardous Substances Litigation
Over the past several years, U.S. EPA and other federal agencies, and a rapidly growing number of states, have become increasingly focused on the potential human health and environmental impacts from Per- and Poly-Fluoro Alkyl Substances (PFAS). PFAS is a family of 5,000-6,000 chemicals that are highly stable and ubiquitous in the environment throughout the United States and likely around the world. The impacts from PFAS compounds have already been significant, with several settlements of nearly $1 billion each, countless additional lawsuits pending (class actions, MDLs, state Attorney General actions, and private toxic tort lawsuits), the rollout of a detailed U.S. EPA “PFAS Action Plan,” more stringent state regulations and the implementation of PFAS drinking water sampling programs in many states. This presentation provides an overview of the science behind PFAS, an update on regulatory developments, enforcement, and litigation, and legal defense and risk mitigation strategies pertaining to historical PFAS usage and contamination.
Speakers: Joel D. Eagle, Thompson Hine LLP, Cleveland, OH USA; James Peeples, T&M Associates, Columbus, OH USA
Does Your Business Have the Flu? Insurance Impacts and Solutions
Committee Sponsors: Business Litigation; Corporate Counsel; Insurance and Reinsurance; International
This program will address the insurance issues arising from the COVID-19 Pandemic and similar events that are likely to arise in the future. The panel will address these issues from a global perspective as it includes insurance and reinsurance experts from the U.S., U.K. and Latin America. The panel will address the full gamut of business interruption and other categories of claims that have arisen; the response of the international insurance industry under existing insurance programs; and the development of new forms of cover, insurance products and captive arrangements in response to this unprecedented emergency. We are also exploring the possibility of adding a U.S. or U.K. broker to the panel. This topic is certain to be of critical importance to all of our members and will bring the global perspective to cutting-edge issues that is the hallmark of IADC programs.
Speakers: John T. Harding, Lewis Brisbois Bisgaard & Smith LLP, Boston, MA USA; Neftali Garro, BLP, Santa Ana, San Jose Costa Rica; Julian Miller, DAC Beachcroft, London England; Scott Newman, Marlow, Adler, Abrams, Newman & Lewis, Coral Gables, Florida USA
How to Retain Diverse Talent
Committee Sponsors: Diversity, Equity and Inclusion; In-House and Law Firm Management
The benefits of increasing law firm diversity are well known and have been a focus area for many firms. In addition, Corporate America is not only calling on law firms to increase diversity, but also in-house law departments are under the same obligations to diversify their ranks. While there has been some success at recruiting diverse talent, many have been unable to retain diverse talent. A panel will discuss what works and what doesn’t when it comes to furthering your goals to support diversity, and strategies for keeping diverse talent in your law firms and legal departments.
Speakers: Melissa Lin, Righi Fitch Law Group, Phoenix, AZ USA; William Garcia, Del Norte Consulting Services LLC, Seattle, WA USA; Stanley Ball, Eaton Corporation, Cleveland, Ohio USA; Katherine Pollock, Fasken, Toronto, ON Canada
9:00 - 9:30 a.m.
*not available for CLE credit
10:00 - 11:00 a.m.
Foundation Forum - Lieutenant General Charles N. Pede
*not available for CLE credit
12:30 - 2:00 p.m.
The Impact of COVID-19 on Industry, In-House Counsel, and Their Jobs
Committee Sponsors: Corporate Counsel; Drug, Device and Biotechnology; In-House and Law Firm Management; International; Product Liability; Trial Techniques and Tactics
Though the legal industry in general has made great strides in technological advances in recent years, it remains in some ways, a relic of simpler times. When courts and businesses shut down in rapid succession due to COVID-19, lawyers the world over had to pivot and adapt, nearly overnight, to an almost entirely digital world, as well as unique issues stemming from new practice areas and court decisions. A panel of in-house attorneys will address how pandemics, and specifically COVID-19, have and continue to impact and affect their business and legal operations and their expectations of outside counsel practicing law in this new world, including with respect to costs/fees/expenses, travel, office space, remote working, firm technology (including video-conferencing for calls, depositions, hearings, mediations, trials), attorneys' mastery of technology, efficiency, creativity, risk management, formation of virtual law firms, etc. The panel will address how this varies across industries and practice areas.
Speakers: Deborah St. Lawrence Thompson, Nelson Mullins Riley & Scarborough LLP, Baltimore, MD USA; Amy K. Fisher, Ice Miller LLP, Indianapolis, IN USA; Lisa M. Friel, National Football League, New York, NY USA; Marcus A. Banks, Wyndham Hotels & Resorts, New York, NY USA; Evan M. Turtz, Trane Technologies, Davidson, NC USA; Tracey Van Dillen, J&J Law Dept, New Brunswick, NJ USA
Tuesday, February 16
International Arbitration Reloaded: How Will AI Change International Arbitration Proceedings?
Committee Sponsors: Corporate Counsel; International Arbitration
Artificial Intelligence has the potential to facilitate or disrupt international arbitration proceedings. In our session, we will explore potential consequences of the use of AI in the area of dispute resolution. The panelists will address how technology can be used to improve the efficiency of arbitral proceedings, share their experiences of successful implementations of legal tech, analyze key legal problems that can arise, and critically examine the relevance of AI in international dispute resolution.
Speakers: Daniela Karollus-Bruner, CMS Reich-Rohrwig Hainz Rechtsanwalte GmbH, Vienna Austria; Antje Baumann, BAUMANN Resolving Disputes, Hamburg Germany; Dominique Brown-Berset, Brown&Page SA, Geneva Switzerland; John Unice, Bit-x-bit, LLC, Pittsburgh, PA USA
Answering the Call: Responding to Increased Demands for Pro Bono Services to Address Crises
Committee Sponsors: Social Justice Pro Bono
Seismic changes in the laws disproportionately impacting underprivileged communities often increase the demand for pro bono services. This program will discuss the impact of three of those changes, namely the fallout from the Supreme Court’s holding in Miller v. Alabama and its progeny, the legal community’s response to the changes in the enforcement of the United States’ immigration laws and policies, and the response to the COVID-19 pandemic . The moderated panel will discuss the genesis of each crisis, and the coordinated responses thereto and the results thereof. The panel will also discuss lessons learned and best practices for addressing future pro bono crises.
Speakers: Clarence Webster, III, Bradley Arant Boult Cummings LLP, Jackson, MS USA; Robert Redmond, McGuireWoods LLP, Richmond, VA USA; James Shelson, Phelps Dunbar, LLP, Jackson, MS USA
9:30 - 11:00 a.m.
When Culture Takes Over the Law...
Committee Sponsors: Amicus Curiae; Cyber Security, Data Privacy and Technology; Drug, Device and Biotechnology; In-House and Law Firm Management; International; Product Liability; Trial Techniques and Tactics
Last spring, COVID-19 swept across the globe disrupting our private and business lives as we know it. The virus left a myriad of legal issues in its wake including issues relating to performance of contracts, insolvencies, close down of Courts, insurance claims, product liability, workplace issues, cybersecurity and many others. An international panel, representing different regions of the world, will address a selection of legal issues that have arisen because of this pandemic and compare how they were addressed in their jurisdictions.
Speakers: Eliana B. Baraldi, Baraldi Mariani Advogados, Sao Paulo, Brazil Brazil; Nicole B. Boehler, Squire Patton Boggs (US) LLP, Böblingen, Baden-Wurttemberg Germany; Sitpah Selvaratnam, Tommy Thomas, Kuala Lumpur Malaysia; Ricardo A. Woods, Burr & Forman, Mobile, AL USA
12:30 - 2:00 p.m.
The Future of Class Actions Worldwide
Committee Sponsors: Class Actions and Multi-Party Litigation; International; Product Liability; Trial Techniques and Tactics
The modern class action has been a feature of U.S. litigation since 1966, and has made inroads in many other jurisdictions. In conjunction with the Centennial theme of “Looking Back to Look Ahead,” we examine the development of class actions, which in some jurisdictions is the single most significant development in civil practice over the past century. The program will assess the past and future impacts of class actions on defense lawyers and their clients. Part One of the program will be a keynote presentation by Professor Christopher Hodges, Professor at the University of Oxford, on the following questions: (a) Where are we in terms of the availability and use of class actions worldwide? (b) What are the factors that have aided or hindered that development? (c) What factors are likely to influence the future growth or retrenchment of class actions? (d) What are the key issues that defense counsel and their clients will have to face in the next ten years? Part Two of the program will consist of an interactive panel of regional commentators who will address and discuss specific questions emerging from Part One with specific reference to their local jurisdiction(s).
Speakers: Timothy Pinos, Cassels Brock, Toronto, ON Canada; Jason Rankin, Hepler Broom LLC, Edwardsville, IL USA; Gregory Williams, Clayton Utz, Sydney Australia; Sylvie Gallage-Alwis, Signature Litigation AARPI, Paris France; Christopher Hodges, University of Oxford, London England
2:30 - 4:00 p.m.
Criminal Minds and Civil Actions
Committee Sponsors: Business Litigation; Corporate Counsel; Employment Law; Insurance and Reinsurance; Insurance Executives; International; Trial Techniques and Tactics; White Collar Defense and Investigation
Although laws may differ significantly around the world, one thing remains the same: the narrow gulf between civil and criminal laws. But what happens with acts and omissions expose a person or company to both criminal and civil liability? This presentation will explain how both sides of the legal system can come together to expose wrongdoing and give justice where it is due.
Speakers: Johner T. Wilson, III, Dinsmore & Shohl LLP, Chicago, IL USA; Jennifer L. Bragg, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, District of Columbia USA; Janett Fahrenholz, Volkswagen AG, Hannover, Niedersachsen Germany; Sara M. Turner, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, AL USA
Wednesday, February 17
In Search of Mass Tort Plaintiffs: Advertising and Its Impact on the Targeted Populations, Potential Jury Pools, and Our Clients
Committee Sponsors: Business Litigation; Class Actions and Multi-Party Litigation; Drug, Device and Biotechnology; Product Liability
The airwaves and internet are inundated with advertising for mass tort plaintiffs, often disguised as "informational" pieces or "alerts." This presentation explores the world of advertising for mass tort plaintiffs; the potential adverse effects of such advertising on the targeted plaintiffs, the jury pool, and our clients; and recent efforts - including legislation - to address these issues in light of the First Amendment’s protection for commercial speech. Speakers Rustin Silverstein and Jeffrey Holmstrand will walk attendees through the murky and often surprising underbelly of mass tort advertising and discuss strategies for addressing issues flowing from it.
Speakers: Jeffrey A. Holmstrand, Grove, Holmstrand & Delk, PLLC, Wheeling, WV USA; Rustin Silverstein, X Ante, Washington, DC USA
The State of Our Health: Long Term Care Insurance
Committee Sponsors: Insurance and Reinsurance; Insurance Executives; Medical Defense and Health Law
This program will explore the state of Long Term Care (LTC) insurance in the U.S. Only a small fraction of insurers that offered LTC coverage 20 years ago are still offering it today. The industry underpriced the product and significantly underestimated the probable claim experience. As a result, the LTC products of the future will be different and more expensive. The panel will also address LTC insurance insolvencies and the stress that they have placed on insurance guaranty funds. Many state insurance regulators have also had to grapple with difficult issues resulting from requests by insurers to exit the market or dramatically increase premiums. In addition to the important legal and societal impacts, the changes in the LTC market are of person concern to many of our members.
Speakers: Brooks Magratten, Pierce Atwood, LLP, Providence, RI USA; Allen J. Schmitz, Milliman, Brookfield, WI USA; Brian D. Ulery, LTCG, Irving, TX USA
9:30 - 11:00 a.m.
While the World Shrinks, Litigation Risk Expands: Managing Litigation Risk in the Global Marketplace
Committee Sponsors: Class Actions and Multi-Party Litigation; Drug, Device and Biotechnology; International; Product Liability; Trial Techniques and Tactics; Toxic and Hazardous Substances LitigationThe locations of Texarkana, St. Louis, and Madison County are well-known to US litigators. But are similar locations developing in Canada, Europe, and APAC countries? Our clients are increasingly facing the need to collaborate across borders to avoid litigation exposure that has actually become a world-wide risk. This panel will discuss some problematic trends in global jurisdictions and best practices for managing your client’s risk across the globe.
Speakers: Maja C. Eaton, Sidley Austin LLP, Chicago, IL USA; Sonia Bjorkquist, Osler, Hoskin & Harcourt LLP, Toronto, ON Canada; Thomas Rouhette, Signature Litigation AARPI, Paris France; Matthew Silversten, Astellas US LLC, Northbrook, IL USA
12:30 - 2:00 p.m.
Well-Being Strategies: Now More Than Ever
Committee Sponsors: In-House and Law Firm Management; International; Professional Liability; Trial Techniques and Tactics
The data are undisputed: the legal profession has struggled for decades with anxiety, depression, and substance abuse at rates disproportionate to the population. The global pandemic has intensified these behavioral health issues – but what can organizations do to support the health and well-being of their attorneys and staff in this 24/7 remote work environment? Bree Buchanan, founding co-chair of the National Task Force on Lawyer Well-Being and Senior Advisor for Krill Strategies, and Greg Smith, Chairman of Husch Blackwell, will share their inspiring stories of recovery and talk through concrete strategies organizations can implement to battle burnout, break down the stigma associated with mental health issues, and foster a supportive workplace community.
Speakers: Brigid Carpenter, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN USA; Bree Buchanan, Krill Strategies, Inc., Austin, TX USA; Gregory R. Smith, Husch Blackwell LLP, Saint Louis, MO
2:30 - 4:00 p.m.
From Pillars of Society to the Scourge of Our Country? How to Right Negative Perceptions of Corporate America in Litigation
Committee Sponsors: Corporate Counsel; Drug, Device and Biotechnology; Product Liability; Trial Techniques and Tactics
At the turn of the century, corporations were generally well-esteemed. The press was in print and television coverage did not exist, nevermind the 24-hour news cycle we have today. The impact of media coverage, including internet news and tweets, has had a substantial and negative impact upon numerous corporate defendants in recent years, from beloved baby powder makers to the makers of life-saving prescription medications. Cases are getting tried in the press and the rule of law is often set aside. This panel will examine how this trend has developed over the years and how corporate defendants can work to change the narrative.
Speakers: Cheryl Woodin, Bennett Jones LLP, Toronto, ON Canada; Mark A. Behrens, Shook, Hardy & Bacon, LLP, Washington, DC USA; Sharon L. Caffrey, Duane Morris LLP, Philadelphia, PA USA
Thursday, February 18
Effective Use of Remote Technology in Litigation and Arbitration
Committee Sponsors: Business Litigation; Intellectual Property; Product Liability
The Covid-19 pandemic has forced litigators to adapt to using remote technology, like Zoom, for depositions, hearings and trial, and once the pandemic is behind us, such technology is unlikely to go away. This panel will discuss the use of remote technology in litigation and arbitration, focusing on the strategic issues a litigator faces when using remote technology, such as when remote testimony is permissible, when to seek to use remote testimony at trial instead of deposition testimony, how to effectively communicate with the judge in a remote hearing or trial and considerations for conducting direct and cross-examination over remote technology. Panelists for this program are counsel for the defendant in the first-ever federal civil trial conducted entirely over Zoom in May and June, 2020 and an attorney and judge who have handled several remote arbitrations since the pandemic began.
Speakers: Neville Boschert, Jones Walker LLP, Jackson, MS USA; Dabney Carr, Troutman Sanders LLP, Richmond, VA USA; Woody Jameson, Duane Morris LLP, Atlanta, GA USA; Anne C. Martin, 20th Judicial District of Tennessee, Nashville, TN USA; Stephen Zralek, Bone McAllester Norton PLLC, Nashville, TN USA
A Corporate Case Study - Crucial Decision Points and Lessons Learned in FCA Actions
Committee Sponsors: Corporate Counsel; Medical Defense and Health Law; White Collar Defense and Investigation
The Department of Justice (DOJ) continues to report record recoveries in False Claims Act (FCA) actions. These cases present multiple decision points that require a company to balance the transactional cost of potential litigation with the detrimental effects of a prolonged government investigation. This interactive session will examine the timeline and lessons learned from one healthcare company's seven year negotiation with the DOJ and Office of Inspector General. The panel will consider important questions such as: Have the Granston Memo and Escobar really changed anything with regard to FCA liability? And if so, how can those issues affect negotiations with the government? How does a company gauge whether to enter into a Corporate Integrity Agreement? What lessons can the company learn to reduce future FCA risk? How can the company's own data help in this analysis? The panel, comprised of a public company's in-house lawyers and its outside counsel, will provide insight on recently tested practical approaches to FCA claims.
Speakers: Kimberly Martin, Bradley Arant Boult Cummings LLP, Huntsville, AL USA; Patrick Darby, Encompass Health Corp., Birmingham, AL USA; Christi Lunsford, Encompass Health Corporation, Birmingham, AL USA; Jack W. Selden, Bradley Arant Boult Cummings LLP, Birmingham, AL USA
9:30 - 11:00 a.m.
Managing a Crisis and Cultivating Inclusion: The Starbucks Story
Committee Sponsors: Diversity, Equity and Inclusion
An honest account of a viral event in a store that raised a national discussion on bias and and what the company did to manage the crisis, reinforce its values of inclusion and diversity, and set the company up for success in working across differences in the marketplace, its communities and with its partners. Zabrina Jenkins (Deputy GC of Starbucks Coffee Company) and Kori S. Carew (Chief Inclusion and Diversity Officer at Seyfarth Shaw) talk about the company’s crisis management approach to the issue Starbucks dealt with in 2018 when two African American men were asked to leave a Philadelphia store by a manager because they had not purchased any items. Zabrina provides an honest account and a play by play of how the situation was handled. The presentation does a nice job of addressing corporate crisis management, importance of diversity in leadership, unconscious bias and the work Starbucks has done to improve inclusion and diversity as well as best practices in crisis handling and communications.
Speakers: Diane Averell, Porzio, Bromberg & Newman, P.C., Morristown, NJ USA; Kori Carew, Seyfarth Shaw LLP, Chicago, IL USA; Zabrina Jenkins, Starbucks Coffee Company, Seattle, WA USA
12:30 - 2:00 p.m.
When Liability Catches Up with Product Automation: Minimizing Legal Risk in Manufacturing and Operational Advances
Committee Sponsors: Construction Law and Litigation; Drug, Device and Biotechnology; Insurance and Reinsurance; Product Liability
The influx of automation and technology is bringing about unprecedented changes to an ever-increasing digitized world. This session will showcase and explore the various types of technological advances across these vastly different practice areas and will provide an in-depth review of how these advancements have streamlined many processes to remove the human element. Nevertheless, all of these advances bring about an entirely new set of risks, regulatory restraints and potential legal liability as well as insurance considerations with the use and implementation of these innovations. Expect a highly interactive technology based session with real-world examples and practical advice.
Speakers: Christopher S. Drewry, Drewry Simmons Vornehm, LLP, Carmel, IN USA; Christine S. Egner, Continental Tire the Americas, Fort Mill, SC USA; Orlyn O. Lockard, III, Siemens Industry, Inc., Alpharetta, GA USA; Steven Murray, Exponent, Menlo Park, CA USA
Friday, February 19
9:30 - 11:00 a.m.
The Case of a Lifetime
Committee Sponsors: Trial Techniques and TacticsSeasoned Trial Lawyers and a retired federal judge who have successfully navigated the challenge of handling the most high profile cases will share their views on how to manage the media and gather facts, build a defense and successfully resolve matters when your clients name is in the paper and on TV all the time. From Michael Jackson to Enron to cold-war espionage, these lawyers will guide you through cases you have always wanted to hear about and provide you with a playbook to make sure your defense game is ready for the next case of a lifetime.
Speakers: Heidi B. Friedman, Thompson Hine LLP, Cleveland, OH USA; Susan Bucklew, United States District Court, Tampa, FL; Kathryn Ruemmler, Goldman Sachs, New York, NY USA; Sabrina H. Strong, O'Melveny & Myers LLP, Los Angeles, CA USA