2024 Professional Liability Roundtable Filing Information and CLE Materials

 

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2024 PROFESSIONAL LIABILITY ROUNDTABLE 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 as of April 26. Opening Remarks, Closing Remarks, and Networking 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 June 13th to have your credits reported. For any follow-up questions on CLE credits, please email the CEU Institute at rosters@ceuinstitute.net.

 

 

2024 PROFESSIONAL LIABILITY ROUNDTABLE CLE MATERIALS

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

THURSDAY, MAY 30

MORNING SCHEDULE

8:00 a.m. - 8:30 a.m.
REGISTRATION

8:30 a.m. - 8:45 a.m.
Welcome and Introductions
Michele Y. Smith, IADC President, MehaffyWeber, Houston, TX USA
William A. Bulfer, Program Chair, Teague Campbell Dennis & Gorham, LLP, Asheville, NC USA

8:45 a.m. - 9:45 a.m. (60 General CLE Minutes)
When Is Your Client Your Client and When is Your Client You?

A panel discussion of the application, utility, and preservation of attorney client privilege with in-house counsel. This panel will discuss where and when the attorney client privilege attaches to in-house counsel and what strategies can be employed to maintain the protection.

Speakers: Lisa Ellison, Zurich North America, Schaumburg, IL USA; Elizabeth Fuller, Great American Insurance Company, Cincinnati, OH USA; Todd Presnell, Bradley LLP, Nashville, TN USA; Patrick M. Shine, Society Insurance, Fond du Lac, WI USA

Materials:

• Attorney–Client Privilege for In-House Counsel By Todd Presnell 

9:45 a.m. - 10:00 a.m.
NETWORKING BREAK

10:00 a.m. - 11:00 a.m. (60 General CLE Minutes)
What's Old is New Again: Cyber Liability Insurance

Over the past 15 years, cyber liability insurance has been discussed and evaluated as an area of emerging risk. The existence of this risk is no longer “new,” but the circumstances giving rise to coverage are ever evolving. Heavy foreign involvement, including overt and quasi-governmental actors, have added a layer of complexity that must now be addressed. Time, litigation, and claims experience has provided some guidance as to how to effectively underwrite, handle, and, where necessary, litigate these claims. This panel will discuss the current state of risk, lessons learned, and the future of cyber liability.

Moderator: Arnold F. D’Angelo, Jr., Zurich North America, Schaumburg, IL USA
Speakers: Brian A. Lewis, Cyber/Professional Liability Segment Leader, Locton Re, New York, NY USA; Philip C. Silverberg, Mound Cotton Wollan & Greengrass LLP, New York, NY USA

Materials:

• NotPetya: A Particularly GRU-some Cyber Attack By Philip C. Silverberg and Hilary M. Henkind 

11:00 a.m. - 11:15 a.m.
LUNCH BREAK

11:15 a.m. - 12:15 p.m. (60 Substance Abuse/Mental Health OR General CLE Minutes)
Attorney Wellness and the Risk of Liability and Regulatory Scrutiny

It is now almost axiomatic that the legal profession, along with the privileges and prestige it enjoys, also carries along with it one of the highest rates of substance abuse and mental health issues amongst all professions. The ever-mounting statistics do not show much improvement over the years, and concerns of attorney wellness have substantial implications in professional liability. This presentation will examine the topic of attorney wellness from two perspectives: a clinical perspective, as well as one highlighted by cautionary tales and real-life consequences. The panelists will aim to identify early signs of problematic behavior and explore different coping strategies.

Speakers: Michelle Belford, LCPC, Allow Wellness, Chicago, IL USA; Michael Zhang, Hinshaw & Culbertson LLP, Chicago, IL USA

Materials:

• The Path to Lawyer Well-Being: Practical Recommendations For Positive Change – National Task Force on Lawyer Well-Being   
• Lawyer Mental Health and Wellness: Changing the Conversation By Sam Rosenthal 
• 5 Simple Steps Every Lawyer Can Take to Improve Mental Wellness By Terry DeMeo and Allison Wolf 
• Mental Health Crises Plague Attorneys Along with Alcohol Abuse, Study Says By Psyche Pascual 
• Burnout and Engagement’s Relationship to Drug Abuse in Lawyers and Law Professionals By Uchenna C. Ogbonnaya, Matthew S. Thiese, and Joseph Allen 
• The Professional Cost of Untreated Addiction and Mental Illness in Practicing Lawyers By Mary T. Robinson 

12:15 p.m. - 12:45 p.m.
REGISTRATION

PROFESSIONAL LIABILITY TRACK

12:45 p.m. - 12:50 p.m.
Welcome
David C. Anderson, Program Chair, Collins Einhorn Farrell, P.C., Southfield, MI USA

12:50 p.m. - 1:50 p.m. (60 General CLE Minutes)
Lawyer Succession Planning: Best Practices, Pitfalls, and Risk Management

It’s true: every lawyer will stop practicing someday. Planning for this eventuality is critical to protect your clients and your colleagues. In the post-pandemic era, the importance of planning for the unexpected and implementing a transition plan to avoid potentially catastrophic consequences to your clients and practice is more apparent than ever. This panel will discuss ethics, liability, and risk management issues focused on succession planning, including practical examples and the increased involvement from state bar associations and regulators, with perspectives from practicing lawyers and insurers.

Speakers: Sean Ginty, Director, Lawyers Professional Liability Program, CNA, Chicago, IL USA; James J. Hunter, Collins Einhorn Farrell P.C., Southfield, MI USA; Trisha M. Rich, Holland and Knight LLP, Chicago, IL USA

Materials:

• Lawyer Succession Planning: Best Practices, Pitfalls, and Risk Management By Sean Ginty, James Hunter and Trisha Rich 
• Order Amending Rules 41 AND 66-69, Rules of the Arizona Supreme Court 
• Amendment of Rule 2 and Addition of Rule 21 of the Rules Concerning the State Bar of Michigan and Amendment of Rule 9.119 and Addition of Subchapter 9.300 of the Michigan Court Rules 
• Formal Opinion 92-369 - Disposition of Deceased Sole Practitioners’ Client Files and Property – American Bar Association 

1:50 p.m. - 2:05 p.m.
NETWORKING BREAK

2:05 p.m. - 3:05 p.m.  (60 Ethics/Professional Responsibility CLE Minutes)
Generative Legal AI: Practical Uses and Ethical Considerations for Attorneys

This program will explore AI strategies and implementation, practical and effective use cases for AI, and ethical and risk management considerations for the use of generative AI in today’s law firms.

Speakers: Jacqueline Schafer, Clearbrief.AI, Seattle, WA USA; Todd C. Scott, Minnesota Lawyers Mutual, Minneapolis, MN USA

Materials:

• Lightning in a Bottle: Designing and Building Your Own Law Practice GPTs By Todd C. Scott 

MEDICAL LIABILITY TRACK

12:45 p.m. - 12:50 p.m.
Welcome
Heidi L. Mandt, Program Chair, Williams Kastner, Portland, OR USA 

12:50 p.m. - 1:50 p.m.  (60 General CLE Minutes)
Sex and the Law: Was it Consensual and is There Coverage?

In this program, we will be discussing two cases that involve alleged sexual assault. In the first case, we will discuss the ins and outs of coverage and how the insurance company deals with determining if a defense is necessary. In the second case, we will discuss how to defend these types of cases and the intricacies of obtaining a dismissal on the merits of the case. We will also address how these cases impact the victim and change their feelings about themselves and others.

Moderator: W.M. Bains Fleming, III, Norman, Wood, Kendrick & Turner, Birmingham, AL USA
Speakers: Colleen Graham, Curi, Plainfield, IL USA; Richard J. Thomas, Burke and Thomas, PLLP, Saint Paul, MN USA

Materials:

• Sexual Assault: Is There Coverage for That? By Florina Altshiler, Esq. 

1:50 p.m. - 2:05 p.m.
NETWORKING BREAK

2:05 p.m. - 3:05 p.m.  (60 General CLE Minutes)
Miracles of Modern Medicine: The Double-Edged Sword of Genetic Screening and Material for Healthcare Professionals

A panel discussion of how claims professionals, defense counsel, and experts view and handle these new types of claims and cases in genomic medicine. We will touch on specific examples related to tissue and organ donation, blood donation, fertility testing, and genetic material storage, among others. The discussion will focus on how claims professionals review these new and ever evolving claims, how defense counsel prepare and handle these types of cases, and how experts help educate, evaluate, and plan for the defense of these matters.

Moderator: Constance A. Endelicato, Wood Smith Henning & Berman, Los Angeles, CA USA
Speakers: Alex Battey, Hall Booth Smith, P.C., Atlanta, GA USA; Peter Maisel, Bowhead Specialty, Chicago, IL USA; Kenneth Ward, M.D., Molecular Genetics Laboratory Director, Slopes Bio, LLC, Salt Lake City, UT USA

Materials:

• The Miracles of Modern Medicine: A Double-Edged Sword for Insurers and Defense Counsel By Peter Maisel, Alex Battey and Ken Ward 

AFTERNOON SCHEDULE

3:05 p.m. - 3:20 p.m.
NETWORKING BREAK

3:20 p.m. - 3:30 p.m.
Comments From IADC President
Michele Y. Smith, IADC President, MehaffyWeber, Houston, TX USA

3:30 p.m. - 4:30 p.m.  (60 General CLE Minutes)
ADR Innovations, Insights, and Trends

Learn from industry leaders as they discuss the latest developments in ADR and give insights into common tools and practices, post-pandemic challenges and strategies, and getting to the bottom line to resolve a dispute. Our panel features a full-time mediator and arbitrator; a nationally recognized insurance coverage attorney and mediator; and the Director of Early Intervention with a medical professional liability insurer. 

Moderator: Melissa Dorman Matthews, Steptoe & Johnson PLLC, Dallas, TX USA
Speakers: Dan D. Kohane, Hurwitz Fine, PC, Buffalo, NY USA; Andrew Nadolna, JAMS, New York, NY USA

Materials:

• Mediating Insurance Coverage Disputes More Effectively By Andrew S. Nadolna 
• Reframing the Opening Session in a Mediation: Tips for Setting a Mediation on a Productive Path By Andrew S. Nadolna 
• Is Virtual ADR the “New Normal”? By Peter Halprin and Andrew Nadolna 
• Overcoming Impasse at Mediation: Bargaining with Brackets By Michael Young and Marc Isserles 

4:30 p.m. - 4:40 p.m.
Closing Remarks
David C. Anderson, PLR Program Chair, Collins Einhorn Farrell, P.C., Southfield, MI USA
Heidi L. Mandt, MLR Program Chair, Williams Kastner, Portland, OR USA
William A. Bulfer, Insurance Program Chair, Teague Campbell Dennis & Gorham, LLP, Asheville, NC USA

4:40 p.m. - 5:40 p.m.
COCKTAIL RECEPTION