2024 Annual Meeting CLE Materials

Below you will find the CLE schedule with materials for the 2024 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 Meetings and Professional Development, at mmaisel@iadclaw.org or Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.

Sunday, July 7, 2024

New Technologies in Vehicle Data – Vehicle Accident Reconstruction
Committee Sponsor: Transportation
This one-hour course focuses on the data a vehicle can capture during a crash event. This course will help adjusters to understand the data a vehicle accident reconstructionist might have available to them during their investigation. Gaining knowledge and understanding as to how these losses are investigated is important to those adjusting these types of losses. Mr. Freda will provide insight on the various systems on different vehicles that can record data, how the data is retrieved, and how vehicle technologies are advancing, as well as highlighting real-life examples to illustrate the importance engaging an expert early and often. Vehicle accidents occur roughly every six seconds in the United States; this presentation will provide information regarding the systems on vehicles that can record data, as well as how it can be interpreted to quantitatively form the reality surrounding the crash. During the course of an investigation, it is helpful for adjusters to have knowledge of crash data recorders (CDRs) so they can work together with their experts to achieve the best possible outcome for their client. Many professionals in the insurance and legal fields are familiar with downloading the data from a vehicle’s airbag control module, commonly referred to as the vehicle’s “black box”; however, many more systems are available in modern vehicles that can provide an accident reconstructionist with even more information about the incident. The objective is to educate the audience so that they have a more complete picture with regards to the data a vehicle can capture about a crash event. Mr. Freda will discuss his methods and provide real-life examples to illustrate the variety of sources on a vehicle that can provide data. This course is led by a qualified instructor, with multiple years of experience in this field.

Speaker: Matthew J. Freda, S-E-A, Rolling Meadows, Illinois USA


What Have Bristol-Meyers Squibb and Mallory Meant for Class Actions?
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation
In Bristol-Myers Squibb Co. v. Superior Court of California (2017), the U.S. Supreme Court held that in mass tort cases, federal courts lack specific personal jurisdiction over nonresident defendants for claims brought by nonresident plaintiffs. In the years since, the federal courts that have considered the decision's applicability to class actions have reached different conclusions. Hear from a panel of seasoned class action practitioners on how the different courts have applied Bristol-Meyers Squibb to class actions, their various rationales, and the arguments that have worked and those that have not.

Speakers: Anne A. Gruner, Duane Morris LLP, Philadelphia, Pennsylvania USA; Zachary A. Madonia, Bradley LLP, Birmingham, Alabama USA


7:30 a.m. – 8:30 a.m.
AI In the Law: Friend or Foe – Helping Lawyers Through the Growing Pains of a New Reality
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, Drug, Device and Biotechnology, International, International Arbitration
A veteran lawyer and young practitioner will demystify AI and offer guidance to practicing lawyers now standing at the crossroads of a new legal landscape. Aside from its "other worldliness" to some, AI offers transformative potential but with real world ramifications, ethical quandaries, and legal pitfalls. The program will look at practical applications (e.g., ChatGPT, Clearview AI, and DALL e) and current case studies that offer nascent guidance, from the Levidow firm case (ChatGPT used to cite cases) to the social and ethical implications of racially-biased facial recognition software to IP uses. Join us for a look into the present and future of AI and the law.

Speakers: Michelle Fujimoto, Shook, Hardy & Bacon L.L.P., Irvine, California USA; Joey Piorkowski, Norton Rose Fulbright US LLP, Dallas, Texas USA


7:30 a.m. – 8:30 a.m.
The Perils of Eroding Liability Policies: How to Avoid Getting Burned
Committee Co-Sponsors: Insurance and Reinsurance, Medical Defense and Health Law, Professional Liability
Over the years, there has been an upward trend in the offering of defense-within-limits professional liability insurance policies by carriers which commonly provide a more affordable cost of premium. It is attractive to the insurance carrier as it places a ceiling on the amount of defense costs and liability exposure. Under this type of policy, every dollar spent in defending the suit results in a reduction of dollars available on the policy to resolve the suit by settlement. There is pressure on defense counsel to refrain from conducting certain work-up of the file, yet, if the plan is to proceed to trial, the risk of foregoing necessary strategies may result in a poor result. Conversely, one may run the risk of depleting the policy with an aggressive defense which can be devastating to the insured if there is a plaintiff's verdict. This session will address the risks and consequences of defending an insured with a burning policy, including exposure of the broker for proposing such policies to high-risk professionals to bad faith or legal malpractice actions. We will address consequences of policy limits demands and provide best practices for navigating through defending an insured with a burning policy.

Speakers: Kathleen Buck, Minnesota Lawyers Mutual Insurance Company, Minneapolis, Minnesota USA; Constance A. Endelicato, Wood Smith Henning & Berman, Los Angeles, California USA; Matthew Pietsch, Taylor, Pigue, Marchetti & Blair, PLLC, Nashville, Tennessee USA


7:30 a.m. – 8:30 a.m.
Win One or Lose Them All: Attempts to Use Nonmutual Offensive Collateral Estoppel in MDL Bellwether and Other Trials
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Product Liability, Toxic and Hazardous Substances Litigation​                      
Nonbinding bellwether trials have long been used in MDLs and other consolidated proceedings to inform the parties on the strengths and weaknesses of the claims and defenses. Recently, in In re E. I. du Pont de Nemours & Co. C-8 Pers. Inj. Litig., 54 F.4th 912 (6th Cir. 2022), the Sixth Circuit affirmed a district court's decision to apply nonmutual offensive collateral estoppel to preclude a bellwether-losing defendant from contesting certain liability issues in any future trial involving an MDL plaintiff. The Supreme Court is currently considering a certiorari petition challenging the Sixth Circuit's ruling. Regardless of the outcome of that petition, MDL defendants going forward will have to be cognizant of the possibility that losing a bellwether trial may have far greater implications than in the past. The issue is not limited to the US as defendants in Canada and elsewhere are facing similar attempts to apply foreign judgments to claims brought in their countries. This moderated panel, which includes a MDL practitioner, a lawyer from Canada, and an in-house counsel, will discuss the du Pont case, the doctrine of nonmutual offensive collateral estoppel in various jurisdictions, and suggest best practices when clients face multiple actions.

Speakers: Timothy E. Congrove, Shook, Hardy & Bacon L.L.P., Kansas City, Missouri USA; Gordon McKee, Blake, Cassels & Graydon LLP, Toronto, Ontario Canada; Zane C. Riester, Johnson & Johnson, New Brunswick, New Jersey USA


Monday, July 8, 2024

7:30 a.m. – 8:30 a.m.
Price-Fixing Litigation and How to Win at Trial
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, International
Recent years have seen a flood of price-fixing litigation against food producers in numerous industries in the U.S. and Canada, including chicken, beef, seafood, dairy, eggs, and more. A U.S. chicken producer recently obtained a favorable jury verdict. Hear from a panel of outside counsel on potential implications of that verdict, other recent developments and emerging issues in food price-fixing litigation, and evolving strategies for plaintiffs and defendants in the U.S., Canada, and beyond.

Speakers: Rachel Adcox, Axinn, Veltrop & Harkrider LLP, Washington, District of Columbia USA; M. Patrick McDowell, Brunini, Grantham, Grower & Hewes, PLLC, Franklin, Tennessee USA; Christopher E. Ondeck, Proskauer Rose LLP, Washington, District of Columbia USA


7:30 a.m. – 8:30 a.m.
Put Your Best Face Forward: Selecting and Preparing the Corporate Representative
Committee Co-Sponsors: Medical Defense and Health Law, Professional Liability
A corporation is intangible, and the corporate representative embodies the company. It is a unique opportunity to help create the company’s personality. Selecting the best corporate representative can make the difference between success and failure at trial. This session will present factors to consider when selecting the best corporate representative and preparing them for deposition and trial to help create a strong corporate personality.

Speakers: Maureen Mahoney, Hackensack Meridian Health, Edison, New Jersey USA; Maureen M. Middleton, Primerica Financial Services, Inc., Duluth, Georgia USA; Robert G. Smith, Mayer LLP, Houston, Texas USA


7:30 a.m. – 8:30 a.m.
Well-Being on the Go!
Sponsor: International
Join Charlène Gisèle for a dynamic workshop tailored for time-pressed professionals and business travelers. Learn simple yet effective strategies for staying healthy and energized on business trips. This workshop will give you the tools to take control of your travel well-being and turn business trips into a chance for personal enhancement and success. 

Speaker: Charlène Gisèle Bourliout, London, United Kingdom


8:40 a.m. – 9:55 a.m.
Avoiding Surprises – How to Effectively Manage Corporate Spend in Litigation
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Corporate Counsel, In-House and Law Firm Management, Product Liability
In-house counsel frequently complain that outside counsel do not appreciate the importance of corporate budgeting and the need for realistic estimates of litigation costs. An optimistic estimate is often made at the beginning of the case and then after years of expensive litigation costs, the case results in an unexpectedly high settlement or verdict, leaving in-house counsel to deliver an unpleasant message to corporate leadership. But a “worst case scenario” estimate is not what inhouse counsel are looking for either. They don’t want their “expectations managed.” They understand there is uncertain risk and that things change in litigation. What they want is for their case to be managed efficiently, effectively, and without surprises. A panel of experienced in-house and outside counsel will explore opportunities to balance a realistic understanding of the needs of outside counsel to develop a successful but cost efficient resolution of a case, with the needs of the client to have timely information to evaluate a reasonable outcome consistent with running its business.

Speakers: Roderick Bourke, McCann FitzGerald LLP, Dublin, Ireland; Sarah Mansour, Mazda Canada Inc., Toronto, Ontario Canada; Steven Rosenhek, Fasken Martineau DuMoulin LLP, Toronto, Ontario Canada; George E. Wolf, HNTB Corporation, Kansas City, Missouri USA


8:40 a.m. – 9:55 a.m.
Driver Assistance Safety Technology: What Is It and Is There Liability If You Don't Have It
Committee Co-Sponsors: Product Liability, Transportation
Driver assistance technologies have the potential to avoid injuries and save lives by reducing traffic accidents. Some technologies provide warnings of imminent collisions, others actively intervene to prevent the collision. However, these technologies also create the potential for new theories of liability against manufacturers, commercial vehicle fleets, rental companies, and others. This presentation will explore what safety technology is available, how theories of liability based on them are evolving, what defenses are available, and how these issues are being addressed through legislative and regulatory initiatives.

Speakers: Michael Arnett, S-E-A, Rolling Meadows, Illinois USA; Harry Byrne, Duane Morris LLP, Philadelphia, Pennsylvania USA; Michael J. Kleffner, Shook, Hardy and Bacon LLP, Kansas City, Missouri USA


10:05 a.m. – 11:05 a.m.
Culture Clash: Foreign Blocking Statutes and Privacy Laws--Legitimate Legal Protections or Devious Barriers to Litigation?
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, Drug, Device and Biotechnology, International, Product Liability
Any lawsuit that involves a party from Europe or various other civil law jurisdictions presents potential for the discovery process to be confounded by laws that prohibit production of documents pursuant to foreign laws, such as the court rules in the US and Canada. Domestic "blocking" laws governing those non-North American parties may prohibit the disclosure of documentary productions in a foreign lawsuit, or require redaction of a vast array of personal information from every single producible document, or prohibit a representative witness from submitting to a compulsory deposition, etc. Violation of these types of laws by a resident of the foreign state is potentially punishable by imprisonment in some jurisdictions. The panelists, who have confronted these issues directly, will explain these types of laws, discuss how they have been treated by Canadian and American courts, and suggest methods for balancing recognition of these foreign laws with the legitimate rights of litigants.

Speakers: Peter J. Pliszka, Fasken Martineau DuMoulin LLP, Toronto, Ontario Canada; Thomas Rouhette, Signature Litigation AARPI, Paris, France; Paul Salazar, Siemens AG, Munich, Bayern Germany; Dixie T. Wells, Ellis & Winters LLP, Greensboro, North Carolina USA


11:15 a.m. – 12:15 p.m.
What Did Succession Teach Us About Building Teams and Practices for 2024 and Beyond
Committee Co-Sponsors: Corporate Counsel, Diversity, Equity, Inclusion and Belonging, In-House and Law Firm Management
The panelists will lead a discussion about how you build teams today that will be your successors tomorrow and what we learned from the show Succession. Attend this interactive program that will include 2-3 guided workshop questions so that all attendees can identify concrete action items to take back home to their teams and team members on which they want to focus their energy going forward. We will also address why diversity is such a key piece of the succession equation.

Speakers: Nicole B. Boehler, Squire Patton Boggs (US) LLP, Böblingen, Baden-Wurttemberg Germany; Heidi B. Friedman, Thompson Hine LLP, Cleveland, Ohio USA; Zabrina Jenkins, Starbucks Coffee Company, Seattle, Washington USA; Kenneth R. Meyer, McCarter & English, LLP, Newark, New Jersey USA


Tuesday, July 9, 2024

7:30 a.m. – 8:30 a.m.
Litigation Meets International Arbitration – Using Litigation Tactics and Skills in Your International Arbitrations
Committee Co-Sponsors: International Arbitration, Trial Techniques and Tactics
The growing volume of cross-border business has given rise to a significant increase in international disputes. The caseloads of major arbitration institutions in the U.S. and around the world have been steadily increasing over the years. Additionally, international arbitration practice areas have been expanding to many new areas beyond traditional fields such as construction, energy, and M&A disputes. As a result, even litigation lawyers with predominantly domestic practices may expect to find themselves representing clients in international arbitrations. Fortunately, despite their differences, litigation and international arbitrations are not mutually exclusive. Experience gained and skills and tactics used in litigation can be transferred to international arbitration matters. In this program, experienced international arbitration lawyers and litigators will share their knowledge on how litigation strategies and tactics can be integrated into international arbitration matters to enable your clients to achieve optimal results.

Speakers: Anna Cook, Bristows LLP, London, England; Kevin Kita, Sutter O'Connell, Cleveland, Ohio USA; Stephen H. Lee, Porter Hedges LLP, Houston, Texas USA; Amy M. Stewart, Stewart Law Group, Dallas, Texas USA


7:30 a.m. – 8:30 a.m.
The Painful Truth: Implicit Bias – An Effective Tool Utilized to Penalize Working Mothers
Committee Sponsor: Diversity, Equity, Inclusion and Belonging
Recent reports reveal the challenges faced by women lawyers who are parents due to a "motherhood penalty" suffered by women lawyers due to implicit bias and unfounded criticisms surrounding their competence. This hinders the development of female attorneys who are also mothers as it interferes with access to prospective clients, mentors, and opportunities. Law firms are not doing enough to allow for women to have success while also maintaining a balance between their professional life and family life. This program will address the negative work experiences women face with a focus on how implicit bias adversely impacts the law firm community with suggestions on how to tackle this centuries-long problem.

Speakers: Stacy L. Douglas, Everett Dorey LLP, Los Angeles, California USA; Zandra E. Foley, Thompson, Coe, Cousins & Irons, LLP, Houston, Texas USA; Katina C. Thornock, Providence St. Joseph Health, Seattle, Washington USA


7:30 a.m. – 8:30 a.m.
Tips for Defending Against Data Breach Litigation in the US and Abroad
Committee Co-Sponsors: Business Litigation, Class Actions and Multi-Party Litigation, International
A company that suffers a data breach must notify relevant regulatory authorities and all persons whose personal information or protected health information was disclosed. Plaintiffs lawyers monitor such notifications and reach out to all individuals who received a breach notification letter offering class representation. The class actions that follow include claims for negligence, negligence per se, breach of contract, breach of implied contract, invasion of privacy, violations of state unfair and deceptive trade practices act statutes, and violations of state privacy statutes, among others. Hear from a panel of outside and in-house counsel on strategies to best position your clients for potential litigation.

Speakers: Brent Arnold, Gowling WLG (Canada) LLP, Toronto, Ontario Canada; Marc C. Dautlich, Bristows LLP, London, England; Sarah Spurlock, Stites & Harbison PLLC, Louisville, Kentucky USA


8:40 a.m. – 9:40 a.m.
Building Bridges: Navigating Generational Expectations of Your Colleagues and Clients in the New Age
Committee Sponsor: Leadership Advisory Council
Success as a lawyer depends upon connections—authentic connections with colleagues, clients, judges, juries, and peers. At any law firm, up to five different generations may be working side-byside and there inevitably are "sticking points." The "sticking points" are based on differing viewpoints on work-life balance, one's role in an organization, and, in large part, the use of technology in day-to-day business and personal affairs. While technology has provided unprecedented flexibility in the way we practice, and certainly where we practice, it has also led to significant changes to the relationship-building process. Emails and social media posts have replaced in-person conversations, letters, and telephone calls as the primary modes of communication, and the pandemic solidified the role of remote meetings, hearings, and trials in the future. But, at what cost to the ability of lawyers to build meaningful connections that dictate not only their satisfaction with the job but their success at it? Because younger lawyers, also known as “digital natives,” have had a smart phone in their hands since they were toddlers, technology is part of the fabric of their life. This program explores some of the sticking points lawyers face daily, with a focus on the impact of technology on the ability to develop connections from a generational perspective. Panelists will provide proposed solutions to bridge the gap between the digital natives and those who grew up in an era where making connections required you to be physically present.

Speakers: Natalie Furniss, Nationwide Insurance, Columbus, Ohio USA; Jessica Kansky, Immersion Legal, Johns Island, South Carolina USA; Robin Reinertson, Blake, Cassels & Graydon LLP, Vancouver, British Columbia Canada; Thomas W. Southerland III, Federal Express Corporation, Memphis, Tennessee USA


9:50 a.m. – 10:50 a.m.
Third Party Litigation Funding: The Dark Money Driving High-Stakes Litigation
Committee Co-Sponsors: Civil Justice Response, Drug, Device and Biotechnology, Product Liability, Toxic and Hazardous Substances Litigation
Over the past decade, litigation funding has become a multi-billion dollar industry where outside financiers—typically hedge funds, institutional investors, and sovereign wealth funds—invest in other people’s litigation in exchange for a percentage of any recovery. These funders are a driving force behind mass tort litigation, commercial disputes, and intellectual property lawsuits today, often determining which cases are brought, how long they are pursued, and whether they settle or go to trial. Accordingly, they have fundamentally changed the dynamics facing defendants and their counsel. This panel will explore the legal, ethical, and practical influence this outside money is having on the civil justice system, how it is fueling lawsuit advertising, claim generation, and scientific theories, and how it can drive outcomes regardless of the merits. The panel will also discuss the legal reform efforts in the United States, Canada, and other countries that, in large part, are seeking to subject third party litigation funding to regulation and disclosure. Finally, the panel will offer defense counsel practical tips for seeking disclosure in their litigations.

Speakers: Phil Goldberg, Shook, Hardy & Bacon, LLP, Washington, District of Columbia USA; Fred M. Haston, III, Bradley Arant Boult Cummings LLP, Birmingham, Alabama USA; Donald J. Kochan, George Mason Law & Economic Center, Arlington, Virginia USA; Maureen Littlejohn, Davies Ward Phillips & Vineberg LLP, Toronto, Ontario Canada


11:00 a.m. – 12:00 p.m. 
Diminishing Judicial Deference to Federal Agency Decision-Making: The Upsides and Downsides for Your Clients
Committee Co-Sponsors: Corporate Compliance and Government Enforcement Actions, Drug, Device and Biotechnology
The Supreme Court and other courts have recently issued several opinions diminishing judicial deference to federal agencies – e.g., West Virginia v. EPA (S.Ct.) (the “major questions doctrine” case); Alliance for Hippocratic Medicine v. FDA (5th Cir.) (the “abortion pill” case). And in the 2023- 24 term (which will end a few weeks before the 2024 Annual Meeting), the Court is expected to overrule its most significant administrative law decision, Chevron v. NRDC (holding that courts should defer to an agency’s “reasonable” construction of an ambiguous statute even if the agency’s construction is not the best one). On the one hand, diminishing judicial deference to agency decision-making may benefit corporate clients by evening the playing field when they challenge agency decisions that adversely affect them. On the other hand, such diminishing judicial deference may also benefit public advocacy organizations in challenging agency decisions that benefit corporate clients (e.g., product and permit approvals). This program will (1) analyze recent decisions affecting judicial deference to agencies; and (2) discuss ways in which corporate clients can navigate the potential upsides and downsides of these decisions.

Moderator: Kaspar Stoffelmayr, Bartlit Beck LLP, Chicago, Illinois USA
Speakers: James C. Fraser, Thompson Hine LLP, Washington, District of Columbia USA; Danielle M. Waltz, Dinsmore & Shohl LLP, Charleston, West Virginia USA; Peter R. Wilson, Walgreens, Deerfield, Illinois USA


Wednesday, July 10, 2024

7:30 a.m. – 8:30 a.m.
Remote Sensing: The Eye in the Sky Difference Maker in Engineering Expert Driven Litigation
Committee Co-Sponsors: Alternative Dispute Resolution, Construction Law and Litigation, Trial Techniques and Tactics
You may have heard of remote sensing…the eye in the sky that collects huge quantities of data. Technically, remote sensing refers to technologies for gathering visual information or other data about a site from the air or from space. These tools have rapidly evolved in the last decade but their use in litigation within the industry has significantly lagged. In this presentation, remote sensing tools will be briefly introduced for how they are commonly used in construction. Next, the audience will learn how these tools can and have been innovatively used in litigation. The emphasis is on how these tools save significant consultant fees to collect valuable data, which is commonly perishable at a construction site, in a cost-effective manner. The presentation will provide examples of how this tool has been used in actual litigation cases. At the end of the presentation, the audience will be aware of the tremendous competitive advantage and economical value of remote sensing and be able to identify those circumstances in their projects where this data may also be a difference maker.

Speakers: Craig Campbell, Hand Arendall, L.L.C., Mobile, Alabama, USA; Jon Wren, Exponent, Los Angeles, California USA


7:30 a.m. – 8:30 a.m.
What's the Latest on Social Media Litigation in the US and Abroad?
Committee Co-Sponsors: Business Litigation, International
Social media platforms such as Facebook, Instagram, Snapchat, TikTok, and others have been hit by a barrage of litigation recently, including private individual and class actions and mass tort litigation in state and federal courts, joint attorney general civil actions in federal court, and individual attorney general civil actions in various state courts. Hear from a panel of outside counsel and in-house counsel on plaintiffs' theories, novel liability theories and defenses, additional issues unique to this litigation, and potential implications for your clients.

Speakers: Richik Sarkar, Dinsmore & Shohl LLP, Cleveland, Ohio USA; George R. Wray, Borden Ladner Gervais LLP, Toronto, Ontario Canada


7:30 a.m. – 8:30 a.m.
Working Overtime: Defense of Class Action Wage and Hour Claims
Committee Co-Sponsors: Class Actions and Multi-Party Litigation, Corporate Counsel, Employment Law
Wage and hour class action awards can routinely run in the millions and tens of millions. Even worse, plaintiffs' lawyers often use discovery in such suits to compound the problem by locating and generating claims from other employees as the suits proceed. An expert panel consisting of in-house counsel, an experienced outside employment litigator, and an expert in wage and hour calculations will provide concrete strategies to help minimize loss and prevent future claims in this difficult arena.

Speakers: Jeff George, Berkeley Research Group, LLC, Greenwood Village, Colorado USA; Lorraine (Lori) Ocheltree, Duane Morris LLP, San Francisco, California USA


8:40 a.m. – 9:40 a.m.
“Don’t Worry. We’re From the Government. We’re Here to Help.”: Preparing for and Responding to Regulatory Investigations 
Committee Co-Sponsors: Construction Law and Litigation, Corporate Compliance and Government Enforcement Actions, Corporate Counsel, Employment Law
Regulatory investigations and enforcement actions present unique financial and reputational exposure for clients. Managing them effectively is essential to minimize business disruption, collateral consequences in parallel proceedings, runaway costs, and penalties. Knowing what to do, and what your rights are, when the government shows up is crucial. A panel of experienced counsel will discuss how to best protect clients in preparing for and responding to these investigations, ranging from agencies such as the FDA, OSHA, EEOC, and DOL to state Attorneys General and the Department of Justice. Topics will include the plans that need to be in place before investigations arise, crucial response times, methods for initial contact and through the course of the investigations, and impacts of the potential findings—including penalties, admissibility in civil litigation, and reputational exposure. Counsel with experience responding to these investigations will lead a panel including in-house counsel charged with overseeing these investigations with her company, a construction lawyer with experience guiding clients through OSHA investigations, and a regulatory compliance attorney addressing FDA and enforcement actions by state AGs and the DOJ.

Speakers: Jennifer L. Bragg, Latham & Watkins, Washington, District of Columbia USA; Thomas M. Buckley, Goldberg Segalla LLP, Raleigh, North Carolina USA; Melissa Ho, Microchip Technology, Inc., Phoenix, Arizona USA; Monte Williams, Steptoe & Johnson PLLC, The Woodlands, Texas USA


9:50 a.m. – 10:50 a.m.
The Matrix Unraveled: AI, IP Infringement, and Privacy
Committee Co-Sponsors: Cyber Security, Data Privacy and Technology, Intellectual Property
AI has brought new challenges in the realms of IP infringement and data privacy risk. In IP, AI's ability to generate creative content, such as art, music, and written text, has raised questions about the ownership and protection of these outputs. Are AI-generated works original creations, eligible for copyright protection? And what happens when AI-generated works make unauthorized use of elements resembling the likeness of specific actors or works of specific musicians, or commercially exploit their work via AI generated content that purports to be by that creative artist? Similarly, misrepresentation and endorsement claims may arise where AI-generated content creates a false impression that an individual endorses a particular product, service, or message. What if the content is derogatory or the celebrity does not wish to be associated with a particular brand or product? As to legislation under development in the EU, US, and China, and existing or emerging data privacy legislation in the EU and North America, it seems clear that AI is not inherently neutral, trustworthy, nor beneficial. Profiling and discrimination claims based on sensitive attributes like race, gender, or socioeconomic status are emerging at scale. How should legal frameworks tackle these issues? 

Speakers: Laura C. Fey, Fey LLC, Leawood, Kansas USA; Sean Griffin, Robinson & Cole LLP, Washington, District of Columbia USA; Jennifer Marles, Viridant IP, Vancouver, British Columbia Canada; Elio F. Martinez, Jr., GrayRobinson, P.A., Miami, Florida USA


11:00 a.m. – 12:00 p.m.
In a Relationship? It’s Complicated: Achieving Harmony and Avoiding the Frustrations and Ethical Pitfalls of the National/Local Counsel Relationship
Committee Co-Sponsors: Drug, Device and Biotechnology, Product Liability, Trial Techniques and Tactics
Attorneys working together on behalf of the same client or groups of defendants can greatly increase the quality and efficiency of representation for clients. But relationships take work, and without it, a dysfunctional marriage of defense counsel can result in conflicts, ethical dilemmas, inflated bills, mistakes, and diminished work product. This presentation will bring together a panel of experienced lawyers who have spent many years working as national coordinating counsel, national trial counsel, local counsel, and in-house counsel. They will share their experiences, discuss considerations, and provide guidance associated with national/local counsel, trial teams, and joint defense relationships, including but not limited to, managing successful national/local counsel teams, coordination of trial teams, relationships between defense counsel, and joint defense agreements. The panel will also break down the ethical implications of these relationships, including the scope of each attorney’s representation of the client (ABA MRPC 1.2), the requirements for client communications when clients are represented by multiple lawyers (ABA MRPC 1.4), avoiding relationships that could give rise to prohibited conflicts of interest (ABA MRPC 1.7), the requirement for each lawyer to exercise independent professional judgment and render candid advice (ABA MRPC 2.1), and maintaining the professional independence of each lawyer (ABA MRPC 5.4).

Speakers: Wendy West Feinstein, Morgan Lewis & Bockius LLP, Pittsburgh, Pennsylvania USA; Lisa M. Floro, Coloplast Corp., Minneapolis, Minnesota USA; Trent Spurlock, Dinsmore & Shohl LLP, Louisville, Kentucky USA; Lana K. Varney, King & Spalding, Austin, Texas USA