Wednesday, September27, 2023

4:00 - 8:00

Registration & Welcome Center

5:00 - 5:30

Annual Business Meeting and Awards Presentation

5:30 - 6:30

Young Professionals, Board of Directors, and Committee Leader Happy Hour

6:30 - 8:00

Welcome Reception

Sponsored by:

  BST & Co., LLP  |  Conn Kavanaugh Rosenthal Peisch & Ford, LLP
Copeland, Stair, Valz & Lovell, LLP  |  Maron Marvel  |  Rumberger Kirk

8:15

Dine Arounds

Thursday, September 28, 2023

7:00

Registration

7:00 - 8:00

Continental Breakfast

8:00 - 8:20

Opening Remarks 

8:20 - 10:00

General Session

Navigating the Bermuda Triangle: Avoiding Getting Lost in an E-Discovery Abyss

Panelists: Peter J. Biging, Goldberg Segalla, LLP, Owyn Fischer, CNA, Brent Stevens, Consilio, and Kathryn Whitlock, McAngus Goudelock & Courie

The complexities of today’s data sources combined with ever-growing volumes of information are central points of concern in modern-day discovery, both for risk and cost. Most enterprises are communicating using a myriad of technologies, new and old, creating an ocean of data-related challenges. Increasingly, these challenges include policy coverage ones for insurance carriers, technological ones for lawyers, and ability to defend ones for carriers, lawyers, and clients. The heightened level of understanding of technology and the discovery process that e-discovery demands creates new dynamics and paradigms for claims handlers and attorneys around budget controls, defense costs, and other factors, sometimes unforeseen. Using current studies, metrics, resources, and case law, this panel of experts will be your compass in charting a course through the sometimes disorienting sea of modern discovery.

The Use of Experts in the Defense of Professional Malpractice Cases

Panelists: Kenya C. Bodden, Thompson Coe, LLP, Patrick Kelly, Thompson Coe, LLP, and Hannah Stone, Milodragovich, Dale & Steinbrenner, PC

In most jurisdictions, for a Plaintiff to succeed on a claim for professional malpractice, he or she must include evidence from an expert showing how they allege the Defendant failed to meet the particular standard of care applicable to his or her case. In our presentation, our panel will provide an overview of pre-litigation and litigation requirements for expert evidence, questions claims professionals can ask prior to commencement of litigation, and how they can work with defense attorneys at that stage. The panel will also dive into an overview of requirements for expert evidence, affidavits and testimony and highlight ways defense counsel can work with their experts to find holes in Plaintiff’s case and support the defense.

10:00 - 10:15

Refreshment Break

Take a break, grab a drink, and take time to visit with our exhibitors.

10:15 - 11:55

General Session

When the Feds Come Knocking: Responding to Federal Inquiries

Panelists: Douglas W. MacKelcan, Copeland Stair Valz & Lovell, LLP, Kevin Mulcahy, Flannery Georgalis, LLC and Carol Paszkiewicz, Flannery Georgalis, LLC

With the Department of Justice's increased focus on the health care sector, more and more professionals find themselves subject to federal law enforcement subpoenas, grand jury subpoenas, or even search warrants. Such activity should not be taken lightly. This presentation provides best practices in dealing with such federal government investigations. Each stage of an investigation is fraught with potential pitfalls that all professionals, especially those in the health care sector, ought to be aware of. The presenters will walk through each stage, including insight about when to bring a criminal defense attorney into the matter.

The Erosion of Privity in Professional Liability

Panelists: Jennifer Bovitz, Burke and Thomas, PLLP, Julie A. Jorgensen, Evans & Dixon, LLC, William Oberts, Tribler Orpett & Meyer, P.C.

In this presentation, our speakers will delve into the evolving landscape of privity requirements in professional liability, specifically for attorneys, medical and design professionals. Our speakers will explore how different jurisdictions approach privity in cases involving alleged third-party beneficiaries, claims of foreseeability, and situations where only economic loss is at stake and provide valuable insights on the status and evolution of privity requirements and offer practical tips for managing these complex issues. Attendees will gain a deeper understanding of how privity impacts their practice and the strategies they can use to mitigate potential liability.

12:00 - 1:15

Luncheon

Sponsored by: Clark Hill PLC

12:00 - 1:15

Board of Directors Meeting

1:15 - 2:05

Concurrent Sessions:

• Early Intervention Strategies for Defending Licensure and Regulatory Claims: A Discussion of Best Practices for Keeping Healthcare Practitioners on the Hospital Floor and Out of the Courtroom

  Panelists: Douglas A. Mason, CCLA, COPIC Insurance Company, Scott Neckers, Overturf McGath & Hull, P.C., Angela M. Nelson, University of Minnesota Physicians, and Eric Steinhoff, Lind, Jensen, Sullivan & Peterson, P.A.

This presentation will address the defense of administrative and regulatory licensure claims in the healthcare field, and how to apply early intervention tactics to defeat or diminish disciplinary actions and to head off claims before they become lawsuits. We will also address newly enacted CANDOR laws in Colorado and Iowa and how to apply CANDOR concepts in the defense of licensed professionals.

• An Update on the Ever-Changing Cyber Liability Landscape

  Moderator: Kelly Geary, Esq., ACP, CCP, CIPP/US, EPIC Insurance Brokers and Consultants; Panelists: Elizabeth Harding, Polsinelli PC, Katherine Heaton, Beazley, and James Jansen, Consilio

 In this engaging panel discussion of our ever-changing cyber liability landscape, our distinguished panel of experts will discuss changes in the cyber regulatory picture, an update on threat actors attacking policyholders, and will provide tips and tricks everyone can do to make themselves more cyber secure.

2:10 - 3:00

Concurrent Sessions:

• Defending a Failure to Procure Claim - The Best Offense

Panelists: Anthony Burrows, Sompo International, Ryan Danahey, Downey & Lenkov LLC, J. Peter Glaws, Carr Maloney, P.C., and Barbara Serafini, Gallagher Bassett - GB Specialty

The consequences for failing to procure insurance and/or to obtain the insurance requested by an insured could be substantial. Defending an agent/broker from any failure to procure claim requires an analysis of several factors and defenses may be venue-dependent. During this presentation, our panel will discuss the general elements necessary to prove the failure to procure insurance claim against an agent/broker and the various defenses available.

• An Ounce of Prevention - LPL Early Claim Repair/Mitigation Strategies

Panelists: Jennifer Faas, Esq., Sompo International, W. Barry Montgomery, KPM Law, Danielle Parry, Minnesota Lawyers Mutual Insurance Company, and Christopher Vlasich, Allianz Global

A panel of LPL claims professionals and defense counsel will discuss various strategies for early intervention in LPL claims for both mitigation of damages/expenses and "repair" of the client relationship. The panel will also discuss various ethical implications surrounding the attorney client relationship between the insured and his or her client in a claim repair scenario.

3:00 - 4:00

General Session

Lessons in Legal Ethics and Risk Management for Law Firms and Insurance Professionals

Panelists: Carolyn J. Fairless, Wheeler Trigg O’Donnell LLP, Timothy Gephart, CPCU (Ret.), Minnesota Lawyers Mutual Insurance Company, Chuck Lundberg, Lundberg Legal Ethics, and Megan Zurn, AXA XL

The ethics rules require every law firm partner to make reasonable efforts to ensure that all lawyers in the firm conform to the ethics rules. This mandate, normally enforced through the law firm's managing partner or ethics partner, entails substantial and ongoing efforts to educate all of the firm's lawyers about basic and evolving principles of legal ethics and risk management -- often through in-house training, which inevitably will also address legal malpractice claim avoidance issues - a prime interest of insurance professionals.

In this program, a panel of legal ethics, risk management, and malpractice insurance experts will introduce a brilliant new tool for firm ethics and risk management training - a set of video vignettes that vividly illustrate real-life scenarios raising significant and practical legal ethics and potential malpractice problems. By leading an audience discussion of the issues raised by each vignette, the panel will effectively demonstrate how an in-house ethics and risk management program can be structured for any firm.

4:00

Field Trips

7:00

Annual Meeting Social and Dinner

Join us for a great night out at Wynkoop. Wynkoop is Colorado’s First Brewpub, home to tastemakers and rulebreakers, bushwhackers and envelope pushers. For almost three decades they’ve been brewing handcrafted beer in a modest basement brewery under Denver’s largest pool hall. Join PLDF for a night out at Wynkoop’s!

Sponsored by:

Adams Martin Group | Alan Gray LLC  |  Bassford Remele
Burns White LLC  |  Collins Einhorn Farrell PC  |  Consilio
Freeman Mathis & Gary, LLP  |  Goldberg Segalla, LLP  |  Goldfein & Joseph, P.C.
Haight, Brown & Bonesteel  |  Irwin Fritchie Urquhart Moore & Daniels, LLC
Kane, Pugh, Knoell, Troy & Kramer, LLP  |  Kessler Collins, P.C.
Lind, Jensen, Sullivan & Peterson P.A.  |  Milodragovich Dale Steinbrenner P.C.
Minnesota Lawyers Mutual Insurance Company  |  Moreira Sayles Ramirez LLC | Overturf McGath & Hull, P.C.  |  Ringler Associates  |  RiskSmith with Palms Insurance

Friday, September 29, 2023

6:00 - 7:00

PLDF Wellness: Fun Run

7:00 - 8:00

Continental Breakfast

8:00 - 8:10

Opening Remarks

8:10 - 9:10

General Session

Defending and Avoiding Disciplinary Complaints

Panelists: Jeff Brien, Minnesota Lawyers Mutual Insurance Company, Josh J.T. Byrne, Esq., Marshall Dennehey Warner Coleman & Goggin, P.C., Alesia S. Sulock, Marshall Dennehey Warner Coleman & Goggin, P.C., and Allison L. Wood, Legal Ethics Consulting, PC

In this presentation, our distinguished panel will provide an overview of best practices in defending against complaints made by attorney disciplinary authorities, including the importance of involving experienced disciplinary counsel and the differences between defending disciplinary matters and other litigation.

9:10 - 10:00

Concurrent Sessions:

• Trends, Cases, and Hot Topics in Professional Liability Insurance Coverage - 2023

Panelists: Sally Clements, Forsberg & Umlauf, P.S., Jennifer Goldsmith, Liberty Mutual Insurance Company, Michael D. Handler, Forsberg & Umlauf, P.S., and Laura J. Ruettgers, Freeman Mathis & Gary, LLP

Our panel of insurance coverage experts will discuss significant developments over the last couple years and emerging issues in D&O coverage issues, including the rise of bump-up exclusions and SPAC claims; and E&O coverage developments, including an update on timing and aggregation of defense and indemnity, and on recent concerns as claims representatives and underwriters attempt to avoid overlap and other surprises in comparing E&O coverages to Cyber coverages.

• Recent Accounting Malpractice Decisions, Trends, and What to Expect
  

Panelists: Charles E. Jones, Moss & Barnett PC and Skyler Wilson, Copeland Stair Valz & Lovell, LLP

This presentation will discuss a handful of recent noteworthy accounting malpractice cases across the country, any developing trends and themes, and how we as practitioners can respond going forward.

10:00 - 10:15

Refreshment Break

10:15 - 11:55

General Session

Social Inflation: It's Not Just the Price of Eggs!

Panelists: Peter Dinunzio, Clyde & Co., Donald C. Partridge, Maron Marvel Bradley Anderson & Tardy LLC, and Christopher Vlasich, Allianz Global Corporate & Specialty

Social inflation-the alarming rise of excessive verdicts and settlements-has become a paramount concern for insurance companies and defense lawyers alike. Its rippling effect is leading to rising litigation costs, increased claims, rate increases and limit reductions. This presentation will explore what it is and why it’s important, how it affects your case, its causes, and ways to combat it. The panelists will discuss techniques such as plaintiff attorney reptile tactics, cross-anchoring, jury research, and data analytics.

Opening Strong

Panelists: Susan Filichio, Fillichio & Hastings, Inc., Robert L. Sallander Jr., Greenan, Peffer, Sallander & Lally LLP, and Spencer Sallander, Greenan, Peffer, Sallander & Lally LLP

First impressions matter at trial and in life. This panel of trial presentation experts will address techniques and strategies used in jury selection and opening statements that help jurors see your case favorably from the beginning through the end of trial.

11:55

Closing Remarks & Adjournment