Below you will find the CLE schedule with materials for the 2022 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, Director of Professional Development and Assistant Director of Meetings, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Sunday, July 10, 2022
ON DEMAND
Before You Run Off: A Primer on Insurance Risk Transfer Arrangements
Committee Sponsor: Insurance and Reinsurance
The run off market has been booming. As existing insurers look to streamline their legacy business and free up capital for current lines and future investment, buyers have been taking a keen interest in these portfolios. This session will take you through the legal possibilities and limitations under US, UK, and EU law, explaining the potential pitfalls and opportunities. From preparing the portfolio all the way through claims management, our panelists will take you on a tour of how these arrangements work around the globe. In addition to the presenters listed, we will also have representation from the UK to address that perspective.
Speakers: Eva-Maria Barbosa, Clyde & Co., Munich, Germany; John T. Harding, Sulloway & Hollis, P.L.L.C., Providence, Rhode Island USA; Philip Hernon, London, England United Kingdom; Vikram Sidhu, Mayer Brown, New York, New York USA
Materials:
ON DEMAND
Cyber Breach, Online Harm, Privacy, and the Difficulties of Inventing New Torts
Committee Sponsor: Cyber Security, Data Privacy and Technology
Following the phone hacking scandal, the English Courts dealt with the unruly British media by awarding large damages for the misuse of private information. This differed from previous cases in which damages for such breaches had been relatively modest. Because the tort is new, there is a great deal of uncertainty about "harm" and the appropriate measure of compensation. This has a connection to the loss of personal data arising from cyber breaches and how to measure the harm caused to those affected by the breach. Tortious principles, such as vicarious liability for a breach by an employee, were considered by the UK Supreme Court in the case involving WM Morrisons Supermarkets plc. We are currently awaiting a decision about the measure of damages for loss of control of data under section 13 of the Data Protection Act in the UK Supreme Court case Lloyd v. Google LLC. Law makers around the world are trying to regulate against online harms. They face a central difficulty to strike a balance between freedom of expression, privacy, and the removal of harmful content. However, a further problem is simply to define "harm" and how this might give rise to further evolutions in tort.
Speakers: Brent Arnold, Gowling WLG (Canada) LLP, Toronto, Ontario Canada; Anna Cook, Bristows LLP, London, England United Kingdom; Robert Graham, Bristows LLP, London, England United Kingdom
Materials:
ON DEMAND
Managing Emerging Malpractice Risk in the Future Firm
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, In-House and Law Firm Management, Professional Liability
This program will focus on managing and avoiding the emerging professional liability risks related to data, security, and the remote workplace. Panelists will discuss both the existing and emerging risks and the best practices to mitigate potential exposures.
Speakers: Elizabeth Brotten, Foley & Mansfield, PLLP, Minneapolis, Minnesota USA; Gwenn Cujdik, AXA XL, Exton, Pennsylvania USA; J. Calhoun Watson, Robinson Gray Stepp & Laffitte, LLC, Columbia, South Carolina USA
Materials:
ON DEMAND
When The World Stopped: The George Floyd Trial
Committee Co-Sponsors: Social Justice Pro Bono, Trial Techniques and Tactics
The world was watching Minneapolis, MN when the jury heard evidence in one of the most prolific trials of our generation. In this special presentation, we will interview Jerry Blackwell of Blackwell Burke and members of his trial team about how he, a civil lawyer, became a special prosecutor who would help win a conviction in the murder of George Floyd. He will discuss his strategy and preparation for dealing with polarizing issues that would consume the world until Derek Chauvin was sentenced to 22 years in prison.
Speakers: Jerry W. Blackwell, Blackwell Burke P.A., Minneapolis, Minnesota USA; Keith Ellison, Minnesota Attorney General, Saint Paul, Minnesota USA; Steven L. Schleicher, Maslon LLP, Minneapolis, Minnesota USA; Zandra E. Foley, Thompson, Coe, Cousins & Iron, LLP, Houston, Texas USA
Materials:
7:30 – 8:30 a.m.
Emerging Contaminants and Talc Litigation: What Are the Next Mass Toxic Torts?
Committee Sponsor: Toxic and Hazardous Substances Litigation
The most recent wave of mass tort litigation in the United States has focused on opioids, talc, PFOA, glyphosate, and other groundwater contaminants. This seminar will look at which chemicals and substances are being evaluated by U.S. and international regulators and agencies (e.g., FDA, EPA, IARC) and are therefore likely to soon be the focus of the plaintiffs’ bar.
Speakers: Janine A. Bottomley, Exponent, Middleton, England United Kingdom; Joel D. Eagle, Thompson Hine LLP, Cleveland, Ohio USA; Sylvie Gallage-Alwis, Signature Litigation AARPI, Paris, France
Materials:
7:30 – 8:30 a.m.
How About Doing Away with Witness Testimony in International Arbitration?
Committee Co-Sponsors: Alternative Dispute Resolution, Business Litigation, Corporate Counsel, International, International Arbitration
The program will explore how reliable and effective witness evidence generally proves in international arbitration. Together with a panel of specialists including a cognitive psychologist, arbitrators, counsel, and users, participants will address inter alia the following issues: pros and cons of witness evidence in a multicultural context; is it worth it given the costs at stake, and if so when and why? Are witnesses who have been "prepared" for their testimony still providing actual evidence or does their coaching change the nature of their role in the process? Is the perception the same for civil law trained arbitrators and Anglo-Saxon law trained arbitrators? If so, why?
Speakers: Antje Baumann, BAUMANN Resolving Disputes, Hamburg, Germany; Dominique Brown-Berset, Brown&Page SA, Geneva, Switzerland; Edmund J. Kronenburg, Braddell Brothers LLP, Singapore; Prof. Kimberley Wade, University of Warwick, Coventry, England United Kingdom
Materials:
8:45 – 10:15 a.m.
Opening Session
*no CLE credit
10:15 – 11:30 a.m.
Open Forum: Nina Willner
*no CLE credit
Monday, July 11, 2022
7:30 – 8:30 a.m.
Challenges and Strategies for Brand Enforcement in E-Commerce and Beyond
Committee Co-Sponsors: Business Litigation, Intellectual Property, International
Companies around the globe are facing an onslaught of their products being sold by third parties on e-commerce sites, many of which are outdated, damaged, missing parts, or altered in other ways. They are often being sold at prices lower than authorized dealers can sell the products, which is causing damage to the brand and to the relationships between manufacturers and their authorized sellers. In some cases, they are causing harm to users, leading to product liability actions against the original manufacturers. This session will explore the problem, how companies can address the problem through management of their global supply chain and distribution channels, what companies can do to protect their brand and reduce exposure to suits and claims through enforcement, and the current state of the law in this area.
Speakers: Camille Pecnard, Lavoix, Paris, France; Sandra J. Wunderlich, Tucker Ellis LLP, Saint Louis, Missouri USA
Materials:
7:30 – 8:30 a.m.
Global Discovery: Managing Proportionality, Privacy, Data Protection, and Other Challenges in Cross-Border Litigation
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, International, Product Liability
Cross-border discovery and the conflicts created between U.S. discovery obligations and non-U.S. data protection, blocking statutes, and privacy protections pose unique challenges for parties, practitioners, in-house counsel, and courts attempting to determine the appropriate scope of data preservation and discovery. The challenges and burdens are even more difficult to manage in the midst of a global pandemic, and are impacted by stringent data protection laws, balancing of privacy interests, data volumes and accessibility, and different communication and collaboration technologies. This panel will discuss those challenges, the standard for proportionality and accessibility, and sanctions that might result from a failure to preserve or produce data and documents, as well as creative solutions to accessibility.
Speakers: Christian Murad, Kellogg Company of Great Britain Ltd. (Dubai Branch), Dubai, United Arab Emirates; Thomas Rouhette, Signature Litigation AARPI, Paris, France; Anna-Patricia Stadler, Robert Bosch GmbH, Stuttgart, Germany; Katharina Strohhofer, Ernst & Young GmbH, Eschborn, Germany; Hiroyuki Tezuka, Nishimura & Asahi, Tokyo, Japan; Michael C. Zogby, Faegre Drinker Biddle & Reath LLP, Florham Park, New Jersey USA
Materials:
8:45 – 10:15 a.m.
In the Arena: Cutting Edge Issues in International Sports Law
Committee Sponsor: Intellectual Property
Simulating a track and field relay, our international experts will cover four of the hottest topics in sports law facing athletes around the world. First, we’ll grab the baton from our February 2022 Midyear Meeting in Scottsdale, which explored student athletes’ historic challenges to rules and laws banning compensation and exploitation of their name, image and likeness. While that panel left off with the U.S. Supreme Court’s June 2021 landmark decision in Alston v. NCAA, our first topic will explore how the landscape has undergone a seismic change in the year following Alston. Next, we’ll grab the baton and focus on athletes’ freedom of speech around the world: what rights and limits do athletes have in different countries to protest and comment on issues of the day? Next, we’ll examine hurdles that women seeking to play professional soccer/football have surmounted and still face in various nations. Finally, we’ll sprint across the finish line by exploring one of the most controversial issues in European sports (which is structured very differently than in the United States): should European football “supersize,” similar to the NFL or NBA in the U.S.?
Speakers: Paloma C. Figueroa, Berlin Sports Law, San Juan, Puerto Rico; Prof. Jan F. Orth, University of Cologne, Cologne, Germany; Edward Stewart, Big12 Conference, Irving, Texas USA; Stephen J. Zralek, Spencer Fane LLP, Nashville, Tennessee USA
Materials:
10:30 a.m. – 12:00 p.m.
Full Stop on Microaggressions: An Interactive Program on How to Understand and Minimize the Role You May Play in Furthering Unintended, Subtle, or Indirect Discrimination
Committee Sponsor: Diversity, Equity and Inclusion
How as legal professionals do we recognize when our own actions or words make co-workers, clients, jurors, judges, or colleagues uncomfortable? How do we initiate productive conversations to confront subtle or indirect bias when we experience it ourselves or when we otherwise see it take place? This session will present vignettes to help identify different ways bias can manifest itself. Panelists will then discuss the framework for navigating these situations and offer practical steps for discussing and combating bias in the most productive way possible.
Speakers: J. Dominic Campodonico, Gordon & Rees LLP, San Francisco, California USA; Kori Carew, Seyfarth Shaw LLP, Chicago, Illinois USA; Andrew S. Chamberlin, Ellis & Winters LLP, Greensboro, North Carolina USA; Cecilia Lahaye, Bird & Bird LLP, Brussels, Belgium
Materials:
Tuesday, July 12, 2022
8:45 – 10:15 a.m.
From The Flintstones to The Jetsons: Rewards and Risks of New Technology Vehicles
Committee Co-Sponsors: Insurance and Reinsurance, Intellectual Property, International, Product Liability
Global mobility industries are experiencing sea changes as new technologies drive the development of alternative fuel vehicles (EV and hydrogen) and autonomous vehicles. Traditional product manufacturers are partnering with software development companies and other start-ups to develop new alternative fuel, “smart” and autonomous vehicles. This new age encompasses potential novel product liability claims, antitrust implications, trade secret and IP protections, global privacy laws, and evolution of the insurance industry to include developing technologies. Collectively these developments create a myriad of legal challenges that will need to be addressed by traditional and new mobility vehicle manufacturers, component suppliers, and their attorneys. This roundtable discussion with in-house counsel, insurance professionals, and experienced outside counsel will dive into these new vehicle technologies that are being developed around the globe, the risks associated with their development, strategies for managing those risks, and the rewards of being prepared for this new age transportation.
Speakers: Nicole M. Brunson, Arrival, Charlotte, North Carolina USA; Melissa Darby, Cummins, London, England United Kingdom; Kurt Gerstner, Dentons Lee, Seoul, Korea; Jodi Oley, State Farm Insurance, Bloomington, Illinois USA
Materials:
10:30 a.m. – 12:00 p.m.
Digital Forensics for Lawyers: Uncovering Hidden Evidence to Win Your Cases
Committee Co-Sponsors: Corporate Counsel, Cyber Security, Data Privacy and Technology
The panel will discuss various aspects of digital forensics, with real-world examples. Examples will include evidence that can be found on the dark web, cyber-sleuthing, and building witness profiles. The panel will review collection and authentication standards under rules of evidence, the ethics of technical competence, and pitfalls and limitations of forensic collection, including recovering deleted evidence. The discussion also will explore the ethical and privacy issues involved with locating and pulling data from both the surface web and dark web.
Speakers: David L. Patron, Phelps Dunbar LLP, New Orleans, Louisiana USA; Alex Ponce de Leon, Google LLC, San Francisco, California USA; John Unice, bit-x-bit, LLC, Pittsburgh, Pennsylvania USA; Kristina Von Der Linden, Bayer, Leverkusen, Germany
Materials:
Wednesday, July 13, 2022
8:45 – 10:15 a.m.
A Step Ahead of the Risk: Managing Compliance Globally
Committee Co-Sponsors: Corporate Compliance and Government Enforcement Actions, Cyber Security, Data Privacy and Technology, International
In today’s global economy, interconnected markets and transactions require corporate compliance programs be comprehensive and equally effective on the local, national, and international levels. Recent shifts in workplace habits occasioned by the global pandemic have made compliance even more challenging. Thankfully today’s compliance professionals have the benefit of technology and their own data to leverage in developing state-of-the-art and bespoke global compliance programs. Our panelists from the European Union and the United States have global experience and will share their insight into today’s compliance challenges and techniques on how to meet them. The panelists will address the following hot topics during their presentation: (a) Digitalizing Compliance Services: Opportunities and Pitfalls; (b) Managing Workload in a Rapidly Changing and Ever More Digital World; and (c) Data Analytics in Compliance Management.
Speakers: Regina G. Cavaliere, Henry Schein Inc., New York, New York USA; Tripp Haston, Bradley LLP, Birmingham, Alabama USA; Martin Petrasch, Siemens AG, Erlangen, Germany; Kristina Von Der Linden, Bayer, Leverkusen, Germany
Materials:
10:30 a.m. – 12:00 p.m.
Through the Looking Glass: The View from the Front of the (Court) Room
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Construction Law and Litigation, International Arbitration, Product Liability
As lawyers and advocates we do our best to anticipate what would be helpful and persuasive to the decision-maker at the front of the room. But are we right about what works and what does not? This panel of decision-makers (judges and arbitrators) will discuss commonly held beliefs about practice among lawyers that decision-makers endorse and which ones that they wish would be laid aside. The panel will address distinctions between practices preferred in different venues and countries, as well as practical considerations for the growing practice of virtual court and arbitration hearings.
Speakers: Rouven F. Bodenheimer, BODENHEIMER, Cologne, Germany; Hon. Molly Cherry, U.S. District Court, District of South Carolina, Charleston, South Carolina USA; Hon. Martine M. De Roeck, Court of Commerce, Antwerp, Belgium; Shannon R. Joseph, Morningstar Law Group, Raleigh, North Carolina USA
Materials:
Thursday, July 14, 2022
9:00 – 10:30 a.m.
Closing Session
*no CLE credit