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2022 PROFESSIONAL LIABILITY FILING INFORMATION
Approximately 6.0 hours of CLE credit in 60-minute states and 7.2 hours of CLE credit in 50-minute states has been requested for accreditation from all mandatory continuing legal education jurisdictions where we had registrants licensed in as of May 3. Opening Remarks, Closing Remarks, and Breaks are not available for CLE credit.
How to Obtain CLE Credit:
*You must sign-in on the attendance sheet onsite at the meeting.*
Shortly after the program, you will receive an email from CEU Institute with a link to enter your state bar information and the programs you attended. Once complete, you will receive a Certificate of Attendance with this information and instructions on the reporting requirements for the state(s) where you are licensed. The online form does include a place to enter information regarding teaching credits, etc.
IMPORTANT
The link/portal will stay open for 2 WEEKS. You MUST complete the online form by May 26th to have your credits reported.
For any follow-up questions on CLE credits, please email the CEU Institute at rosters@ceuinstitute.net.
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Thursday, May 12
8:45 - 9:45 a.m. (60 General Minutes)
Design Build and Public Private Partnerships - A Whole New World of Professional Liability Claims
10:00 - 11:00 a.m. (60 General Minutes)
New Developments in Trigger, Allocation, and Exhaustion of Long-Tail Claims
11:15 a.m. - 12:15 p.m. (60 General or Substance Abuse/Mental Health Minutes)
Healthy Lawyers are Productive Lawyers: The Business Case for Promoting Lawyer Well-Being
12:50 - 1:50 p.m. (60 General Minutes)
PLR Track: Zoom - The Good, The Bad, and The Ugly: What Works, What Doesn't, and What Has Gone Horribly Wrong
12:50 - 1:50 p.m. (60 General Minutes)
Medical Liability Track: The Rise of Nuclear Verdicts
2:05 - 3:05 p.m. (60 General or Diversity/Elimination of Bias Minutes)
PLR Track: Diversity Update: What is Working and What We Can Do To Keep Moving the Needle
2:05 - 3:05 p.m. (60 General Minutes)
Medical Liability Track: Defending Healthcare Providers in a Post-COVID World
3:30 - 4:30 p.m. (60 General Minutes)
Social Inflation
2022 PROFESSIONAL LIABILITY CLE MATERIALS
Below you will find the CLE schedule with materials, including presentation PowerPoints, for the 2022 Professional Liability Roundtable.
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.
Thursday, May 12, 2022
MORNING SCHEDULE
8:00 - 8:30 a.m.
REGISTRATION
8:30 - 8:45 a.m.
WELCOME AND INTRODUCTIONS
Thomas F. Lysaught, IADC Vice President of Insurance, QBE North America, Naperville, IL USA
Spencer H. Silverglate, IADC President, Clarke Silverglate, P.A., Miami, FL USA
8:45 - 9:45 a.m.
DESIGN BUILD AND PUBLIC PRIVATE PARTNERSHIPS – A WHOLE NEW WORLD OF PROFESSIONAL LIABILITY CLAIMS
Design-Builders frequently assert professional liability claims against consulting engineers whom they engage for project design. These claims raise atypical issues in the evaluation and defense of both liability and damages. This session will address both the evaluation of the standard of care in the context of design-builder professional liability claims and the principles for proper evaluation of cost and time impacts attendant to these claims.
Speakers: Abtin Foghi, Senior Claims Representative, HDI Global SE, Toronto, ON Canada; David J. Hatem, Donovan Hatem LLP, Boston, MA USA; Meera Wagman, Secretariat, New York, NY USA
Materials:
9:45 - 10:00 a.m.
NETWORKING BREAK
10:00 - 11:00 a.m.
NEW DEVELOPMENTS IN TRIGGER, ALLOCATION, AND EXHAUSTION OF LONG-TAIL CLAIMS
The related concepts of trigger, allocation, and exhaustion in the context of long-tail claims continue to present new challenges for courts, insurers, and their counsel. As the amounts spent for defense and indemnity on mass tort, pollution, and other claims have reached ever higher towers of insurance, the issues have only become more complex. This session will discuss the latest developments and offer practical advice on how insurers can successfully navigate an ever-changing claims landscape.
Speakers: John T. Harding, Jr., Sulloway & Hollis, P.L.L.C., Providence, RI USA; Mackie LeFevre-Snee, Senior Claims Technical Specialist, QBE North America, Chicago, IL USA
Materials:
11:00 - 11:15 a.m.
LUNCH BREAK
11:15 a.m. - 12:15 p.m.
HEALTHY LAWYERS ARE PRODUCTIVE LAWYERS: THE BUSINESS CASE FOR PROMOTING LAWYER WELL-BEING
The pandemic highlighted the many roles that people are juggling in today’s world: employee, partner, parent, just to name a few. This program will be a discussion of how to become more fully present in each of these roles and maintain a healthy work-life balance. The business reasons for investing in lawyer well-being will be addressed including an in-depth look at ethical and malpractice issues that can arise when lawyer well-being is ignored. The presenters will share their insights as two working moms trying to balance it all and their experiences as claims and ethics counsel helping lawyers navigate this field.
Speakers: Brook Mallak, Minnesota Lawyers Mutual Insurance, Minneapolis, MN USA; Alice Sherren, Minnesota Lawyers Mutual Insurance, Minneapolis, MN USA
Materials:
PROFESSIONAL LIABILITY TRACK
12:15 - 12:45 p.m.
REGISTRATION
12:45 - 12:50 p.m.
WELCOME
Melissa Dorman Matthews, Program Chair, Steptoe & Johnson PLLC, Dallas, TX USA
12:50 - 1:50 p.m.
ZOOM – THE GOOD, THE BAD, AND THE UGLY: WHAT WORKS, WHAT DOESN’T, AND WHAT HAS GONE HORRIBLY WRONG
Video conference has replaced in-person attendance for mediations, trials, hearings, and depositions, and we’ve learned a lot over the last two years. Our panelists will share their experiences and predictions for the future and address some concerns that come with going virtual.
Speakers: Deborah Bjes, SwissRe, Chicago, IL USA; Melissa Dorman Matthews, Steptoe & Johnson PLLC, Dallas, TX USA; Mediator Hon. Brigid M. McGrath (ret.), ADR Chicago, Chicago, IL USA; Hon. Marguerite Quinn, Circuit Court of Cook County, Chicago, IL USA
Materials:
1:50 - 2:05 p.m.
NETWORKING BREAK
2:05 - 3:05 p.m.
DIVERSITY UPDATE: WHAT IS WORKING AND WHAT WE CAN DO TO KEEP MOVING THE NEEDLE
The news isn’t all bad. Many companies, insurers, and law firms are moving the needle on diversity and inclusion metrics. We will explore how far we have come and how we can keep the momentum going.
Speaker: Sylvia F. James, Winston & Strawn LLP, Washington, DC USA
Materials:
3:05 - 3:20 p.m.
NETWORKING BREAK
MEDICAL LIABILITY TRACK
12:15 - 12:45 p.m.
REGISTRATION
12:45 - 12:50 p.m.
WELCOME
Douglas Vaughn, Program Chair, Deutsch Kerrigan, LLP, Gulfport, MS USA
12:50 - 1:50 p.m.
THE RISE OF NUCLEAR VERDICTS
One of the most concerning litigation trends over the past decade has been the rise in nuclear verdicts, which are jury awards that surpass $10 million. Now is the time to reassess and refine case assessment, file handling, witness preparation, and trial tactics in an effort to turn the tables on the plaintiffs’ bar. This program will explore the factors driving inflated verdicts and effective strategies to counteract these factors.
Speakers: Lisa Curshellas, Cunningham, Meyer & Vedrine, P.C., Chicago, IL USA; Colleen E. Graham, Coverys, East Lansing, MI USA
Materials:
1:50 - 2:05 p.m.
NETWORKING BREAK
2:05 - 3:05 p.m.
DEFENDING HEALTHCARE PROVIDERS IN A POST-COVID WORLD
We will examine some of the ways COVID has impacted the delivery of healthcare and created new liability concerns and discuss strategies for defending healthcare providers in the shadow of the pandemic. We will also explore jurors’ perception of healthcare providers post-COVID and how best to communicate with jurors in voir dire and throughout trial.
Speakers: W.M. Bains Fleming, III, Norman, Wood, Kendrick & Turner, Birmingham, AL USA; Aref Jabbour, Ph.D., IMS Consulting & Expert Services, Pensacola, FL USA; Robert G. Smith, Jr., Lorance Thompson, P.C., Houston, TX USA
Materials:
3:05 - 3:20 p.m.
NETWORKING BREAK
AFTERNOON SCHEDULE
3:20 - 3:30 p.m.
COMMENTS FROM IADC PRESIDENT
Spencer H. Silverglate, IADC President, Clarke Silverglate, P.A., Miami, FL USA
3:30 - 4:30 p.m.
SOCIAL INFLATION
Social inflation refers to the ways that insurers’ claims costs rise over and above general economic inflation. The panel will explain the social inflation trend, update us on current observations, and give their predictions for the future.
Speakers: Craig Allen, Actuary & Forensic Economist, TD&P Consulting, Inc., New York, NY USA; Constance A. Endelicato, Wood Smith Henning & Berman, Los Angeles, CA USA; Richard Frese, Consulting Actuary, Milliman, Chicago, IL USA; Aref Jabbour, Ph.D., IMS Consulting & Expert Services, Pensacola, FL USA
Materials:
4:30 - 4:40 p.m.
CLOSING REMARKS
Melissa Dorman Matthews, PLR Program Chair, Steptoe & Johnson PLLC, Dallas, TX USA
Douglas Vaughn, MLR Program Chair, Deutsch Kerrigan, LLP, Gulfport, MS USA
4:40 - 5:40 p.m.
COCKTAIL RECEPTION