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Schedule
Wednesday, October 6, 2021
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3:00 – 6:00 p.m.
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Registration & Welcome Center
Stop by the PLDF Registration Desk to gather your badge and meeting materials.
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4:00 – 5:00
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Committee Leadership Meeting
Calling all PLDF volunteer leaders! Please join us for our annual Committee Leadership Meeting as we celebrate the achievements of the past year and prepare for the coming year.
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5:00 – 5:30
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Annual Membership Meeting, Election of Directors, and Award Recipient RecognitionJoin us for at the PLDF Membership Meeting for a recap of the year, the election of directors, and the inaugural presentation of the Chris Jensen Distinguished
Service Award and the Outstanding Young Professional Award (submit your award nominations TODAY!) |
5:30 – 6:30
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Young Professionals Happy Hour
New to the professional liability community? Please join us for a great opportunity for you to mix and mingle with other young professionals. Whether you’ve been around for a month or just a handful of years, stop by and start your PLDF
Annual Meeting off on the right foot!
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6:30 – 8:00
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Welcome Reception
We can’t wait to meet up with you at our Welcome Reception. Stop by the Reception for a bit of refreshment and a lot of great networking before heading out on a Dine Around. Our sincere thanks to the following firms for their generous
sponsorship of the Welcome Reception: |
8:15 p.m.
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Dine Arounds
Nashville isn’t just known for country music and honky-tonks! The fixin’s you’ll enjoy down south will make ‘ya wanna slap your mama’! And what better way is there to enjoy this great fare than with your fellow PLDF members? Make plans
to sign up for a night out on the town at one of Nashville’s exceptional restaurants.
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Thursday, October 7, 2021
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6:00 – 7:00 a.m.
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PLDF Wellness: Yoga
Namaste, friends! Are you looking for an opportunity to work on your crow pose? A steady but gentle morning yoga flow? How about an excuse to lie in Shavasana for 60 minutes? Join with fellow PLDF members for an early morning yoga session
to start your day.
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7:00
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Registration
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7:00 – 8:00
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Breakfast
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8:00 – 8:05
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Welcome & Opening Remarks
Donald Patrick Eckler, 2020-2021 PLDF President, Goldberg Segalla LLP, Chicago, IL and Sandra J. Wulf, CAE, IOM, Managing Director, Professional Liability Defense Federation, Rochester,
IL
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8:05 - 8:55
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Strategies to Defend Damages in Legal Malpractice Lawsuits
Presented by: Jeffrey P. Brien, Minnesota Lawyers Mutual Insurance Company, Megan H. Zurn, AXA XL, and Alan J. Taylor, Segal, McCambridge, Singer & Mahoney An
interactive presentation involving strategies to defend economic damage claims, non-economic damage claims, special damage claims (punitive/exemplary damages) and attorney fee damage claims will be discussed in the context of legal malpractice
claims.
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8:55 - 9:45
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Professional Liability Insurance Coverage Trends Update – 2021
Presented by: Timothy M. Fletcher, JD, CPCU, Gen Re, Michael D. Handler, Forsberg & Umlauf, P.S., and Laura J. Ruettgers, Kaufman Dolowich & Voluck This panel of insurance coverage experts,
tracking emerging issues and recently developing authorities around the country, will share their updates on the last two years of developments and trends since PLDF's prior annual meeting in-person. The panelists' updates will address
influential determinations on professional liability insurance, claims-made policy forms, good faith claim handling obligations, and the ethical obligations faced in the roles of claims representatives, their coverage counsel, and assigned
defense counsel. |
9:45 - 10:35
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Defending Trustees and Personal Representatives in Trust and Estate Disputes
Presented by: Jeffrey H. Geiger, Sands Anderson PC, Anne W. Hill, Minnesota Lawyers Mutual Insurance Company, and Casey D. Marshall, Bassford Remele, P.A. Defending claims against attorneys,
CPAs, or other professionals in the context of disputes over a trust or estate presents a unique set of challenges and obstacles. Not only are there legal and procedural differences from a traditional malpractice action or commercial dispute,
but the dispute is often driven as much by long-standing family dynamics as it is by the law or actions taken by the trustee or PR. This presentation will address the critical legal and procedural issues that are unique to trust and estate
disputes as well as the law relating to recovery of attorney’s fees in these cases. |
10:35 - 10:50
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Refreshment Break and Exhibitor Networking Opportunities
Take a break, grab a drink, and take time to visit with our exhibitors: Consilio, International Sureties, Ltd. and Minnesota Lawyers Mutual Insurance Company.
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10:50 - 11:40
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The Coming Wave of D&O and E&O SPAC Litigation
Presented by: Michelle Arbitrio, Wood Smith Henning Berman, Stephen Bedosky, York International Agency, LLC, and James Rizzo, Beazley Group
Investments in Special Purpose Acquisition Companies (SPACs) have seen exponential growth over the past year, as an easier alternative to the initial public offering (IPO) for transitioning a private company to a publicly traded company.
Insurers, brokers, claims analysts and defense attorneys are all grappling with yet unknown potential exposures and claims that are likely to emerge from the SPAC boom. This panel will explore the attributes of SPACs (including but
not limited to investor reliance on the credibility of the management team, and minimal disclosure requirements at early stages) that create both (a) D&O risk exposure for the SPAC managers, and (b) E&O risk exposure for FINRA
securities brokers and broker-dealers who recommend SPAC investments to retail investors. The panelists, who are thought leaders in the securities and D&O fields, will provide different industry perspectives on the emerging SPAC
issues.
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11:40 - 12:50
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Luncheon and Committee Discussions
Join your PLDF Committee leaders as they dive into lunch, a discussion on recent trends in the law, and what to expect from your committees for the coming year.
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12:50 - 1:40 p.m.
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Concurrent Sessions:
SESSION ONE: Changes in Regulatory Enforcement with the New Administration - SEC and PCAOB
Presented by: J. Peter Glaws, IV, Carr Maloney P.C. and Courtney Kasper, QBE North America
Will new leadership in the SEC and PCAOB usher in more aggressive enforcement? In this presentation, our
panelists will dive into the changes, already established and yet to come, in SEC and PCAOB regulatory enforcement priorities with the new administration.
SESSION TWO: Strategies for Managing the Anticipated Rise of Discrimination, Harassment, and Retaliation Lawsuits
Presented by: Cassandra Ferguson, RSUI Group, Inc, Phillip Maltin, Raines Feldman LLP, Ralph Mylie, Jr., CPCU, RPLU, ITC Global Risk Management, Sean C. Pierce, Wallace, Jordan, Ratliff & Brandt, L.L.C.
As the pandemic wanes, a workplace reintegration is coming for many of the 71 percent of Americans working from home. This seminar surveys how to protect businesses from harassment, discrimination, and retaliation lawsuits
as employees return to the central workplace from their year-long hiatus. Business leaders, litigators, in-house counsel, and human resources professionals must prepare for the coming workplace reintegration and anticipated increase
in lawsuits claiming violations of state and federal civil rights statutes. The panelists will outline tactics designed to reintegrate workers, protect the business, avoid lawsuits, and inspire workplace morale.
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1:40 - 1:55
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Refreshment Break
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1:55 - 2:45
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Concurrent Sessions:
SESSION ONE: The Good, the Bad, and the Ugly of Online Mediation
Presented by: Jeff Kichaven, Jeff Kichaven Commercial Mediation, Jennifer K. Saunders, Haight Brown & Bonesteel, Paul C. Troy, Esq., Kane, Pugh, Knoell, Troy & Kramer, LLP, and
Cheryl Shaw, AXA XL Insurance
We have been mediating online for over a year. What have we learned? What are the emerging best practices? What are the challenges we have yet to meet? This program will teach
how to represent clients better and get better results in mediation, starting with your very next case.
SESSION TWO: Why Schools Need to Be Thinking About Title IX: Effectively Navigating the Evolving Legal Issues Surrounding Gender Identity
Presented by: Andrea Cahill, Swiss Re, Christopher J. Conrad, Marshall Dennehey Warner Coleman & Goggin, Erin Fry, Munich Re Specialty Insurance, and William J. Zee, Appel, Yost & Zee
This presentation will focus on claims by transgender students and their families under Title IX and related laws against school entities, and how to avoid and defend them.
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2:45 - 3:35
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Litigation, Mediation, and Trial of the Medical Malpractice Case
Presented by: Matthew L. Connelly, YLAW, P.C., James S Haliczer, Esq., Haliczer Pettis & Schwamm, P.A., W. Barry Montgomery, Jr., KPM Law, Jorge A. Perez, MD, and James C. Sawran,
Segal, McCambridge, Singer & Mahoney
An estimated 20% of cases brought to trial in medical litigation end with a Plaintiff Verdict. Learning from history can perhaps avoid repeating those things and increase success rate. In this presentation, our panelists will discuss the
pre-litigation processes, the Discovery Minefield, mediation conflicts, early trial hurdles, trial surprises, and post-trial actions to help you succeed.
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4:00
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Field Trips
Enjoy a late afternoon excursion on one of our complimentary tours (pre-registration is required):
• Legends of Music City Walking Tour
• Johnny Cash Museum & Ole Smokey Distillery
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7:00 – 10:00
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Annual Meeting Social and Dinner
We will have two restaurants for our Member Social and Dinner* this year. We are looking forward to great food and fun at Trattoria Il Mulino and the Wildhorse Saloon.
Our sincere thanks to the following firms for their generous sponsorship of the Annual Meeting Social and Dinner: |
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* Please note that all efforts will be made to accommodate attendee-requested restaurants, however final assignment of attendees will be made by PLDF staff.
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Friday, October 8, 2021
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6:00 a.m.
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PLDF Wellness: Fun Run
Join your fellow PLDF runners for a jog through the heart of downtown as we explore the major landmarks of Nashville and Country Music. Please note that the 3.7-mile route for the Fun Run is part dedicated path and part road.
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6:45 – 7:45
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Breakfast
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6:45 – 7:45
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Board of Directors Breakfast & Meeting
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8:00 – 8:05
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General Session
Remarks from 2021-2022 PLDF President Andrew R. Jones, Furman Kornfeld & Brennan, LLP, New York, NY
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8:05 - 8:55
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Burnout and Perfectionism: A Discussion of the Silent Barriers to Attorney Well-Being
Presented by: Andrew Carroll, Clark Hill PLC
Awareness of mental health disorders that have plagued lawyers for decades is now front and center as a result of COVID-19 restrictions and a growing awareness among the population in general. However, mental health literature and presentations
too often focus on clinical diagnoses that are dismissed by lawyers with a narrow view of well-being. Far too many believe that mental health is simply the absence of mental illness, addiction, or disease. This method of thinking overlooks
significant non-clinical mental health issues that cause ethical violations, employment related litigation, and inefficiencies in the workplace. Our presentation will look to broaden attorney’s understanding of well-being through a
discussion of two prominent non-medical mental health issues in the legal profession - burnout and maladaptive perfectionism - and the methods for combatting both.
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8:55 - 9:45
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Concurrent Sessions
SESSION ONE: Top 10 Items in Your Malpractice Policy You Might Not Know About (surprise, surprise!)
Presented by: Todd E. Cusano, Ascot Group Limited, Kimberly K. Noble, JD, CPCU, RPLU, CCP, Thompson Flanagan, and Laura Zaroski, Gallagher
Nearly every law firm across the country now
buys Lawyers Professional Liability (i.e., malpractice) insurance. In many states it is even now required. But what are you truly buying? Don’t wait until your firm is sued to learn what your policy provides or does not provide! Join
3 lawyers that moved from private practice to insurance and learn from their perspectives now in underwriting and as brokers.
SESSION TWO: The Rise of 30(b)(6) Deposition in Medical Malpractice Claims: How to Effectively Use the Deposition to Defend Your Case
Moderated by: Meg Hatfield Yanacek, Hall Booth Smith, P.C.; Presented by: Tracy Baker, WellStar Health System, Inc., John E. Hall, Jr., Hall Booth Smith, P.C., JoEllen Riehl,
Universal Health Services, Inc.
The plaintiff’s bar has jointly decided that 30(b)(6) depositions of healthcare facilities are an effective tool in medical malpractice/healthcare cases. Because the testimony on the
designated topics arguably binds the company in perpetuity, these depositions are vitally important. This presentation will provide an overview of:
- the common topic areas sought in 30(b)(6) depositions in medical negligence lawsuits;
- when and how to object to topic areas;
- how to determine the best person(s) to designate to speak on behalf of the healthcare facility;
- the obligations of the healthcare facility and its attorneys to locate the information requested;
- how to effectively prepare the deponent for deposition;
- how to utilize the deposition to advance defense themes; and
- how the defense can seek its own 30(b)(6) depositions to defend their claims.
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9:45 - 10:35
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The Need for Speed: Liability for Design and Construction Professionals in Meeting Unreasonable Scheduling Demands
Presented by: David A. Robles, Allied World Assurance Company, and Christopher K. Sweeney, Conn Kavanaugh Rosenthal Peisch & Ford, LLP
In design and construction, time is money. Both developers and design and construction professionals have significant incentives to move quickly so that projects can be put to productive use and labor can be deployed elsewhere. But how
fast is too fast? With skilled labor in increasingly short supply, many design and construction professionals find themselves spread very thin. And in a competitive market, professionals find themselves under a great deal of pressure
to agree to onerous defense and indemnity provisions. Among other topics, the presentation will cover the following:
- Examples of cases nationally where design and construction professionals faced exposure for trying to meet unreasonable deadlines.
- Strategies for minimizing exposure through careful contract drafting and negotiation with focus on scheduling, defense/indemnity, limitations on liability (e.g., to contract value or insurance limits), liquidated damages, force majeure.
- Plaintiff’s use of reptile tactics before and during trial, i.e., the defendants prioritized speed and profits over safety, and as a result, the jury has a public duty to send a harsh message by awarding significant damages.
- Defending design and construction professionals against excess speed claims.
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10:35 - 10:50
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Refreshment Break and Exhibitor Networking Opportunities
Take a break, grab a drink, and take time to visit with our exhibitors: Consilio, International Sureties, Ltd. and Minnesota Lawyers Mutual Insurance Company.
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10:50 - 11:40
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The Impact of Advances in Technologies and the Increasingly Remote Provision of Professional Services on Professional Liability E&O: What is Happening Right Now, and What We Can Expect to See Going Forward
Presented by: Peter J. Biging, Goldberg Segalla LLP, Kiera O. Goral, Swiss Re America, Ari R. Magedoff, Esq., AXIS Insurance of North America, and Erika Nelson, Esq., CPCU, Allied World Insurance Company
The ability to work remotely and to perform all manner of professional services has been available for some time. But the realities of the pandemic compelled all manner of professional service providers to dramatically alter
how they performed their jobs. Now health care is regularly provided via Zoom, professionals are working almost exclusively from home, lawyers are conducting virtual depositions, mediations and trials, and even professional trainers
are working people out with a view from their client's tablets. With the enormous cost savings that have come as a result of this new environment, and the concomitant benefit to personal and corporate bottom lines, it is almost certain
that this sea change in how things are done will not be reversed. While things will snap back to some degree, the provision of professional services in a substantially remote environment is going to be the new normal going forward.
Add to this, ever-advancing technologies and the ability to interact with thousand and even tens of thousands of people instantaneously, and we are looking at potentially profound impacts on not just the performance and provision of
professional services, but the errors and omissions risks presented. This panel will discuss the impacts already being felt across several professional lines, and anticipated risks, issues, and concerns both from a claims and underwriting
perspective going forward.
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11:40
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Closing Remarks
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Featured Speakers
Follow this link to learn more about the fabulous line up of speakers for the 2021 PLDF Annual Meeting.
First-Time AttendeesFollow this link for information for our First-Time Attendees. Field Trips
Enjoy an afternoon touring Nashville with your fellow PLDF members on one of the complimentary field trips below. Please note that while complimentary
to Annual Meeting registrants, pre-registration is required.
- Legends of Music City Walking Tour - Explore Nashville, from its rich history to what made it into the famous “Music City, USA” of today. This Nashville
history tour covers some of the most important parts of the history of The Music City, from the Fisk Jubilee singers to the historic Jefferson St., The Arcade, WSM/Grand Ole Opry, War Memorial, The Ryman, CMA, Printers Alley, Goo Goo (first combination
chocolate bar), hidden secrets and information on Broadway, castle studios and much, much more! This is a perfect walking tour (Approx. 90 minutes) to learn about Nashville which can help guide the rest of your visit to Music City.
- Johnny Cash Museum & Ole Smokey Distillery - Join your PLDF friends for a special combination tour to visit the museum celebrating the legacy of Johnny
Cash followed by a brief walk to Ole Smokey Distillery for a tasting and networking. Johnny Cash is one of the most influential and respected artists in the history of recorded music. From his monumental live prison albums to his extraordinary
series of commentaries on the American spirit and the human condition, to a mesmerizing canon of gospel recordings, to his remarkable and unprecedented late-life artistic triumphs of will and wisdom, his impact on our culture is profound and continuing.
Ole Smokey Distillery features a distillery, brewery, bars, tasting area, beer and bottle shops, merchandise, big screen TVs, and live entertainment. Visitors can enjoy moonshine, cocktails, and beer by the glass, as well as purchase your favorite
products for enjoyment at home.
We will have two restaurants for our Member Social and Dinner* this year. We are looking forward to great food and fun at Trattoria Il Mulino and the Wildhorse Saloon.
- Trattoria Il Mulino brings an energizing Italian fine-dining experience to Nashville’s budding restaurant scene. It has a casual, lively see-and-be-seen atmosphere with an extensive wine list featuring domestic and imports from Italy. Dishes
are created from scratch, including homemade mozzarella cheese. They are locally sourced from local farmers and fresh, authentic foods are imported from Italy.
- The Wildhorse Saloon is in the heart of historic downtown Nashville with the banks of the Cumberland River right outside the back door. This three-story historic warehouse is now a 66,000 square foot live music and dance destination, that breathes
new meaning into ‘dinner and a show.’ Catch the hottest in live entertainment, learn the newest dance steps and dine on the Saloon’s award-winning Southern smokehouse cuisine with your PLDF colleagues.
Our sincere thanks to the following firms for their generous sponsorship of the Annual Meeting Social and Dinner: * Please note that all efforts will be made to accommodate attendee-requested restaurants, however final assignment of attendees
will be made by PLDF staff.
The Renaissance Nashville Hotel will host our 12th Annual Meeting and CLE/CEU Presentations. The hotel is located at 611 Commerce St, Nashville, TN 37203. Boasting modern and inspiring features, Renaissance Nashville Hotel is a luxury haven. This
Music City hotel is situated in the heart of downtown, attached to Fifth + Broadway and moments from attractions like Bridgestone Arena and Music Row.
We have secured a block of rooms for our guests on Wednesday, October 6, and Thursday,
October 7. Rooms are $285 single/double for standard rooms. (Please note that the small block of rooms we had secured for Friday, October 8 has sold out. Rooms may still be available for that evening, but at a rate different than our group rate.) Rooms must be reserved on or before 5:00 p.m., Friday, September
14, 2021. After this date, it is at the hotel’s discretion whether to accept additional reservations, which will be subject to prevailing rates and availability. We encourage all attendees to arrange their accommodations early to secure a room
at the Renaissance Nashville. Use this link to book your hotel room: http://bit.ly/2021PLDFAnMtgHotelReservation or phone Reservations Toll Free at 1-877-901-6632
or Reservations Local Phone at 1-615-255-8400 and reference the PLDF Annual Conference.
PLDF will be offering CLE credit for attorneys and CE credit for adjusters in the following states.
- Attorney CLE: AL, CA, FL, GA, IL, LA, MA, MI, MN, MO, NJ, NY, OH, PA, SC, TX, VA, WA
- Adjuster CE: AL, CA, CT, GA, IL, MO, NJ, NY, OH, PA, TX
All state applications are currently pending. Hours approved are determined by the state boards. We have partnered with CEU Institute as our CLE/CE provider to manage all credits: www.ceuinstitute.net. Should you have questions, contact accreditation@ceuinstitute.net.
We are fortunate to be joined for this year’s Annual Meeting by Consilio, International Sureties, Ltd. and Minnesota Lawyers Mutual Insurance Company. Please take time while at the conference to stop by their booths to learn more about them and the services they
offer.
Our sincere thanks to our 2021 Annual Meeting Planning Committee:
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Peter J. Biging, Esq.
Goldberg Segalla
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Andrew Carroll
Clark Hill PLC
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Donald Patrick Eckler
Goldberg Segalla
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Kiera O. Goral, Esq.
Swiss Re
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Thomas D. Jensen, Esq.
Lind Jensen Sullivan & Peterson, P.A.
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Business casual attire is appropriate for all PLDF functions; however, casual attire is encouraged for the field trips. Nashville’s average high temperature in October is 72° F and the average low is 49° F. To be comfortable, a jacket or coat is recommended.
At the annual meeting, the PLDF will require compliance with all then in effect CDC, federal, state, and local laws, orders, directives, and guidelines related to COVID-19 and attending a large gathering. The PLDF requires that all attendees adhere to all travel restrictions in place at the location of the meeting and each attendees’ point of origin in place at the time of the meeting. The PLDF requests that each attendee read CDC guidance related to hand sanitation, social distancing, and use of face coverings. The PLDF requires that no person attend the meeting that has tested positive for COVID-19 in the month prior of the meeting, that is experiencing symptoms of COVID-19, or that has been in close contact with some who has COVID-19. If at any time an attendee begins to experience symptoms of COVID-19, or comes into contact with someone who is experiencing symptoms, attendees are required to immediately leave the meeting and inform the PLDF. No guests under the age of 12 are permitted at the meeting. All guests at the meeting are required to abide by these guidelines. In addition, the Renaissance Nashville also takes your safety seriously and will be following all CDC Guidelines related to COVID-19. Follow this link (https://whattoexpect.marriott.com/bnash) to review
the hotel's COVID safety protocols at the 2021 Annual Meeting.
The PLDF 12th Annual Meeting and CLE/CEU Presentations offers great education and social events at a great value. Registration fees for Claims Professionals, Risk Managers & Insurance Producers and Attorneys include:
- CLE/CEU presentations designed specifically for those working in the professional liability community
- Meals and Refreshments during Annual Meeting Programming
- Young Professionals Happy Hour (for those in practice fewer than 10 years)
- Yoga and Fun Run Wellness Events
- Welcome Reception
- Complimentary Sightseeing Tour (space is limited; pre-registration is required)
- Thursday Evening Member Social and Dinner at Trattoria Il Mulino or the Wildhorse Saloon
Guest Registration is also available and includes:
- Welcome Reception
- Complimentary Sightseeing Tour (space is limited; pre-registration is required)
- Thursday Evening Member Social and Dinner at Trattoria Il Mulino or the Wildhorse Saloon
| Registration |
Through
September 5 |
After
September 5 |
| Claims Professionals, Risk Managers & Insurance Producers |
$449 |
$449 |
| Attorneys in Practice 10 Years or More |
$649 |
$699 |
| Attorneys in Practice Fewer than 10 Years |
$549 |
$599 |
| Vendor |
$649 |
$699 |
| Guest |
$229 |
$229 |
| Non-Member |
$749 |
$799 |
To ensure that you receive the electronic link to the course materials in advance and that your name is listed in the advance registration roster, PLDF must receive your registration, either by mail or online, on or before
September 24.
The PLDF maintains a financial aid policy for those seeking registration fee accommodation based upon individual circumstances. Phone PLDF at 309-222-8947 for information pertaining to the program.
A full refund will be issued for cancellations
made in writing to admin@pldf.org and received on or before September 6, 2021. Cancellations received between September 7 and September 29 will receive a refund, less a $200 processing fee. No refunds
will be issued for cancellations made after September 29. Substitutions may be made at any time without charge.
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