Wednesday, September 14, 2022

4:00 - 8:00

Registration & Welcome Center

5:00 - 5:30

Annual Business Meeting and Awards Presentation

5:30 - 6:30

Young Professionals, Board & Committee Leadership Happy Hour

6:30 - 8:00

Welcome Reception

Sponsored by:

• Burke Cromer Cremonese LLC
• Carr Maloney P.C.
• Collins Einhorn Farrell
• Conn Kavanaugh Rosenthal Peisch & Ford, LLP
• Copeland, Stair, Valz & Lovell, LLP
• Lind, Jensen, Sullivan & Peterson P.A.
• Maron Marvel
• Meagher + Geer
• Pretzel & Stouffer, Chartered
• Rumberger Kirk

8:15

Dine Arounds

Thursday, September 15, 2022

7:00

Registration

7:00 - 8:00

Breakfast

8:00 - 10:35

General Session

The Impact of Technology on Legal Malpractice Claims and Lawsuits

Presented by: Aram Desteian, Bassford Remele, P.A., Joyván Malbon-Griffin, Esq., Minnesota Lawyers Mutual Insurance Company, Gary R. Shendell, Shendell & Pollock

Technologies’ impacts on professional liability exposures continue to expand and mutate transforming the legal marketplace in previously unimagined ways. Two highly experienced defense attorneys and an accomplished claim professional will discuss these impacts felt both pre and post pandemic. From highlighting the ways in which technology has increased the potential for liability and the ways professionals have used technology to mitigate risk, our talented panel will share insights. The panelists will also bring to light more recent hazards that have cropped up and provide tips on ways to avoid increased risks and learn to use technology to your advantage.

Mastering the Professional Malpractice Mediation

Presented by: Christopher B. Block, Marshall Denehey Warner Coleman & Goggin, Jennifer Faas, Esq., Sompo International, Nicholas A. Gumpel, GB Specialty – a division of Gallagher Bassett, and  Jason Jobe, Thompson Coe Cousins & Irons, LLP

This presentation will guide you through common scenarios and mistakes in this wide-ranging discussion on how to improve mediation skills. This presentation will provide critical insight to attorneys and claims professionals alike as we discuss pre-mediation planning, resolution strategies, managing expectations and when to exert pressure.

Mindful Moments: Engaging in the Present Through Practice

Presented by: Patty Beck, A Balanced Practice LLC

Although often associated with a slowed pace, mindfulness and meditation are powerful tools that require active engagement with the present moment. Through experiencing mindful moments in our personal lives each day, we can learn to embrace the present moment and begin to apply these practices to our professional lives in ways that can improve our effectiveness as attorneys and our ability to comply with various ethics rules including but not limited to those focused on competence, diligence, and communication.

This presentation addresses how mindfulness and meditation are similar yet different, how to develop and experience these practices daily, and how they intersect with various ethics rules. Attendees will also experience a brief guided body scan as an introduction to meditation.

10:35 - 10:50

Refreshment Break

Take a break, grab a drink, and take time to visit with our exhibitors: Consilio, Minnesota Lawyers Mutual Insurance Company, and  Ringler Associates.

10:50 - 11:40

General Session

Smarter Jury Selection in the Age of Social Inflation

Presented by: Tim Capowski, Coffey Modica O’Meara Capowski LLP, Jeffrey Chen, Swiss Re, Jessica Mauch, AXIS Insurance, and  Ralph Morales, Vigorito Barker Patterson Nichols & Porter, LLP

This panel discussion will focus on new and practical approaches to jury selection against the backdrop of Social Inflation. Literature and studies continue to mount regarding the Reptile theory tactics employed Plaintiff's attorneys to drive up jury awards as well as the changing/evolving psyche of America's jury pool. Given these significant changes, this panel will focus on how current trial/claim strategies as it pertains to jury selection needs to evolve to combat Social Inflation.

Each of our panelists will focus on the following issues:

• Trial attorney- In picking a jury, trial attorneys need to evolve their traditional selection strategies (particularly in instances where the ability to interact with a jury pool by the Court's COVID protocols). The focus now should be on better understanding the individual juror by focusing on their race, creed, background, personal values. In addition, the trial attorney should focus on drawing a connection between the juror and the defendant, driving their personal engagement in the overall story of the case.
• Appellate attorney- One of the tactics plaintiff's attorneys are employing is improperly injecting inflammatory remarks and/or anchoring during jury selection. Early retention of appellate counsel can be instrumental as said counsel can pursue proactive filing of MIL, seeking judicial intervention/protection from these tactics.
• Claims Professional- Potential large verdicts are looming in the background of many of the claims that are being tried. As a result, claims professionals need to proactively take steps, both internally and externally, to contain and or mitigate these verdicts. Some of these potential steps could include active settlement negotiation during jury selection, physical presence of claims professional at or near the trial, and easier access to internal claims committee for additional settlement authority (where appropriate).
• Jury Consultant- No discussion on jury selection would be complete without the inclusion of jury consultants. With the increased and widespread presence of social media, the jury consultant could provide additional insights on how its services and capabilities are improving to meet the changing challenges of social media so as to better understand the individual juror.

11:40 - 12:50

Luncheon

Sponsored by Dugan, Brinkmann, Maginnis & Pace and Schultz & Pogue

12:50 - 1:40

Concurrent Sessions:

• Special Education Litigation: Best Practices for Avoiding Liability, and Strategies for a Successful Defense

  Presented by: Christopher J. Conrad, Marshall, Dennehey, Warner, Coleman & Goggin, PC, Dan Misheck Jr., EMC Insurance Companies, and  William J. Zee, Appel Yost & Zee
  
  This presentation will focus on special education claims brought against school entities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. Topics will include: an overview of the administrative hearing process; a discussion of the key issues often raised in due process hearings (child find; denial of a Free Appropriate Public Education; student discipline; and demand for private placement at public expense); tips for avoiding due process claims (vigilance in meeting child find obligations; developing legally defensible IEPs; IEP implementation and compliance); and strategies for defending school entities in due process and on appeal.

• The Duty to Disclose - An Examination of an Accountant's Duty (if any) to Disclose Information Learned During the Course of Professional Services

  Presented by: J. Peter Glaws, IV, Carr Maloney PC, Douglas W. MacKelcan III, Copeland, Stair, Valz & Lovell, LLP, and  J. Michael Reese, The Hanover Insurance Group
  
  This presentation will look at when an accountant may have a duty to disclose fraudulent or illegal activity of a client that is learned during the course of professional services. Are there any such situations? Is disclosure required to legal authorities or other third parties? And can a financial professional's knowledge of such activity create a conflict situation? The presentation will examine a few different situations and operate as a discussion format among the panelists.
  

1:40 - 1:55

Refreshment Break

1:55 - 2:45

Concurrent Sessions:

• #MeToo, COVID, Data Breaches, Wokeness & Cancel Culture; Oh, My! The Increasingly Treacherous D&O Road

  Presented by: Sarah Abrams, Bowhead Specialty Underwriters, Inc., Robert Chadwick, Freeman Mathis & Gary, LLP, Carrie L Graziani, Esq., AIC, RPLU, The Hanover Insurance Group, Sean Pierce, Wallace Jordan Ratliff & Brandt, LLC, and  Matthew Schweiger, CORE Specialty
  
  Increasingly, litigation against corporate officers and directors is event driven. With the aid of social media, a single controversial event or practice can present an immediate and significant threat to the good will or share price of a company. Such an event or practice may be attributable to the corporation itself (i.e., sexual harassment, COVID, or data breaches), the culture wars (i.e., boycotts and woke capitalism), or the off duty conduct of an employee (i.e., confronting an African American in Central Park, flipping off the President or participating in the Jan. 6th riot at the Capitol). For directors and officers charged with protection of a corporation’s value, the stakes of a prompt and appropriate response can be significant.
  
  This presentation will address the (1) potential impact of controversial events or practices on D&O liability, (2) choice which directors and officers must often undertake between potential EPLI liability and a potential loss in company value, (3) unforgiving timetable often faced by directors and officers for making decisions, and (4) importance of crisis communication consultants and potential litigation. The presentation will address actual litigation and the lessons to be learned from such litigation.

• The Devil You Don't Know: Defending Insurance Producers Against Claims From Outside the Producer/Insured Relationship

  Presented by: Jaclyn L. Adorno, Esq., Allied World Insurance Company, Mathew S. Marrone, Goldberg Segalla, LLP, and  Barbara C. Serafini, Gallagher Bassett
  
  Most E&O claims against insurance producers (be they agents or brokers) come from relatively unsurprising sources: a client or insured on a policy that was placed, or allegedly supposed to be placed, who asserts the producer failed to secure appropriate coverage. But occasionally, a producer is faced with a claim from someone else who alleges they are entitled to recover losses from the insurance producer. The claim might be based upon an assignment, alleged status as third-party beneficiary, or some other legal theory. This presentation will explore some of the bases for these claims, the competing ways they are treated by different jurisdictions, and defense strategies.
  

2:45 - 3:35

Current Trends in Cyber Crime and Law

Presented by: Derek Mayer, United States Secret Service, Robert H. Rosenzweig, RPLU, Risk Strategies Company, Richard Sheridan, Berkley Cyber Risk Solutions, and  James Vinocur, Goldberg Segalla, LLP

There is not a single organization that exists in 2022 that is not at risk of falling victim to a cyber-attack. These attacks can be devastating to an organization's ability to function and even survive. This presentation will provide an overview of current trends in cyber-attacks, as well as the law surrounding it, with a focus on ransomware and business email compromise fraud. Specifically, the presentation will provide the audience with an understanding of current trends for 2022 and beyond, including evolving attack methods, who's behind these attacks, and what can be done to mitigate risk. The presentation will also provide the audience with some "behind the scenes" examples of how these threats work (in PowerPoint format), based on law enforcement investigations. Finally, the presentation will also include a discussion of how the cyber insurance market is reacting to these new trends, including in the context of nation-state acts of war, with perspectives from experts on both cyber claims and coverage.

4:00

Field Trips

7:00

Annual Meeting Social and Dinner

Join us for a great night out at River Roast. Situated on the iconic Chicago River with stunning views of downtown, River Roast is a lively social house and gathering place.

Sponsored by:

• Connell Foley LLP
• Consilio
• Freeman Mathis & Gary
• Furman Kornfeld & Brennan, LLP
• Goldberg Segalla LLP
• Goldfein & Joseph
• Haight Brown & Bonesteel
• Irwin Fritchie Urquhart & Moore, LLC
• Kane Pugh Knoell Troy & Kramer
• Kessler Collins
• Melick & Porter, LLP
• Milodragovich Dale Steinbrenner, P.C.
• Minnesota Lawyers Mutual Insurance Company
• Morrow Willnauer & Church
• Ringler Associates
• Zarwin Baum DeVito Kaplan Schaer Toddy, P.C.

Friday, September 16, 2022

6:00 - 7:00

PLDF Wellness: Fun Run

6:45 - 7:45

Board Meeting and Breakfast

6:45 - 7:45

Breakfast

8:00 - 8:55

General Session

How Truly Diverse, Equitable and Inclusive Panel Counsel Positively Impacts Your Case

Presented by: Hon. Zuberi Williams, District Court of Maryland

Diversity, Equity and Inclusion are more than buzzwords. They are vital to the success of the justice system, the attorneys who represent clients, and the carriers who cover claims. This interactive session will discuss the importance and benefits of having a truly diverse panel counsel and trial team.

8:55 - 9:45

Concurrent Sessions:

• Professional Liability and Consumer Financial Services: A survey of Recent Trends

  Presented by: Andrew C. Sayles, Connell Foley LLP
  
  Professionals involved in the consumer financial services field are subject to a range of regulations and consumer protection laws, often arising from allegations of unfair, deceptive or abusive acts and practices (UDAAP). Civil claims here often correlate to regulatory trends and policies driven by the Consumer Financial Protect Bureau (CFPB). This presentation will discuss recent UDAAP claims against attorneys, mortgage brokers, directors and officers and financial services professionals. The panel will also outline steps to mitigate liability exposure and strategies for assessing and defending consumer claims.

• Preparation of the Health Care Provider for Deposition and Trial Testimony (And How This Can Help Prevent "Nuclear Verdicts")

Presented by: Walter J. Price, III, Price, Clark, May, Price, Lawley, Duncan & Paul, LLC

Deposition preparation has evolved over the past several decades and this is particularly true in the case of healthcare providers. Current efforts focus on managing the stress of testifying, concentration on the basics, providing the witness with tools to address questions where the plaintiff attorney tries to set the narrative, and extensive practice. Additionally, effective witness preparation is one of the key components to preventing "nuclear verdicts." Personalizing the witness and preparing him or her to spot questions designed to hijack the standard of care or provoke jury outrage are vital.

9:45 - 10:35

General Session

Hot Topics in D&O and E&O Coverage Claims – 2022

Presented by: Anthony Burrows, Sompo International, Sally Clements, Forsberg & Umlauf, P.S., Nicole Morrow, Forsberg & Umlauf, P.S., and  Angela R. Sivilli, JD, RPLU, Allianz Global Corporate & Specialty

Our panel of industry experts will discuss significant developments over the last year in event-driven and derivative actions and related insurance D&O coverage issues; and E&O coverage developments including an update on the status of E&O claims through the COVID pandemic and the recent overlap of E&O and cyber coverages.

10:35 - 10:50

Refreshment Break

Take a break, grab a drink, and take time to visit with our exhibitors: Consilio , Minnesota Lawyers Mutual Insurance Company , and Ringler Associates .

10:50 - 11:40

General Session

Preventing the Train Wreck: Pre-Claim and Post-Service Assistance of Former and Existing Clients & Ethical/Coverage Implications of Sanctions Arising from Litigation Conduct

Presented by: Alan Palmer Jacobus, Attorney at Law, Jennifer Groszek, JD, CPLP, ProQuest, and Danita Davis Sudac, Tressler LLP

Before there is a formal claim, former or existing clients often materialize for the “afterthought”, ancillary questions/strategy, or to deal with unanticipated situations that have spawned from the professional services previously provided. Clients often request further assistance with a matter that has not gone according to plans or expectations. In some instances, the attorney is asked to perform more of a “claims handling” type role, assisting with information gathering and strategy assessment. What are the benefits, and risks, of assisting a client in such circumstances? What are the traps to watch for, and avoid? What if the client takes a hard-lined position to discovery, and counsel, to sanctions? What are the potential coverage implications if sanctions are awarded? The presentation will provide practical considerations with respect to both a professional’s pre-claim and post-service assistance of a former or existing client, along with ethical and coverage implications of sanctions related to discovery and other litigation conduct. The discussion will also weave in ethical and practical considerations in defending and avoiding sanctions and sanctionable conduct. Practice tips and strategies will be discussed to avoid and defeat claims, without inadvertently making the situation worse.

11:40

Closing Remarks & Adjournment