M FdCC Winter Meeting...zona Biltmore, designed by Frank Lloyd Wright, was built in 1929 and is a...

Take me out to the Biltmore…The FDCC returns to the Arizona Biltmore for the 2012 Winter Meeting, March 3 – 10, 2012. Located ap-proximately fifteen minutes from Phoenix’s Sky Harbor Airport, the Ari-zona Biltmore, designed by Frank Lloyd Wright, was built in 1929 and is a true showplace. Take me out to the game…spring in Phoenix means Cactus League. There are 15 major league baseball teams that have spring training in Phoenix and the surrounding area. It is guaranteed that during the first week of March, 2012, there will be at least one, if not three to five, major league spring training games a day. Buy me some peanuts and crackerjacks (or jewelry and clothing)... The Biltmore has shops on the premises. Included within the room rate, FDCC guests can take a 5 minute shuttle ride to the Biltmore Fashion Center for more unique shops and restaurants. Jew-

President’s Message

(See 2012 Winter Meeting Page 4)

(See A Tribute To John Rea Page 2)

Please take this Federation Flyer home

to your family.

“Dancing in the Streets” by Martha Reeves and the Vandellas signaled the transfer of the gavel from Tom Cordell to me as the Federation’s President for 2011-2012. Williamsburg could not have been a bet-ter place to hold a conven-tion despite the heat wave! The Debs, Deb Kuchler

and Deb Varner, are to be congratulated for their hard work in putting together the convention and program respectively. It was great to see all the children learning about the history of our country. Our partnership with the Williamsburg Foun-dation, which Tom Cordell and John Woodard established, will offer new opportunities for the Federation in the years to come. The Leadership (See President’s Report Page 3)

FdCC Winter Meeting

March 3 – 10, 2012 n Phoenix, ArizonaDeb Varner, Convention Chair

Stephen Pate, FDCC Historian

Volume 39, No. 1 | Fall 2011 | Editor - Gregory A. Witke

Mike NeilPresident

conTenTs(click on TiTles BeloW )

ethics Hotline

Annual Meeting 2011

insurance industry

Report from President elect

Report from Board chair

FDcc Foundation

lcJ news

litigation Management

insurance Update

Annual Meeting 2012

DRi Report

new Members

Winter Meeting cle

Report from sec/Treasurer

corporate counsela tribute to John rea

John S. Rea, beloved member of the Federation and former editor of the Federation Flyer, died on October 9, 2011. John had been a member of the Federation since 1957 and was an active participant in its activities for over 50 years. John passed the Ohio bar in 1951 and set up practice with his longtime friend, Dick Stevens. In 1957, they joined with Kent Meyers to form the firm Meyers, Stevens & Rea. Meyers, a former Federa-tion President, sponsored John for Federation membership that same year. The firm lasted until 1999. After that, John was semi-retired.

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Through the years, John served the Federation in many different capacities. He was a Vice President and member of the Board of Directors. He was Chairman of the Admissions Committee for many years and was responsible for many of the Admissions Committee’s current procedures and practices. Indeed, at the time of his death, he was still listed as Vice Chair Emeritus of the Admissions Committee. Most remember John, however, as the editor of the Fed-eration Flyer, a position he held for 31 years. John was the second editor of the Flyer, taking it over in its second year of existence. John was responsible for the growth of the Flyer from a short newsletter designed to handle general news and announcements into the slick, many-paged publication that carried substantive articles. Contributors of Flyer articles will recall that John was diligent about sending reminders and gathering the articles to be included in the Flyer. If not turned in on time, John would continue to remind writers that the articles were due in a gentle and respectful way that indicated he understood lawyers’ time commitments. Some-times, if authors simply could not get to their articles, John would take a hand at writing them himself, up to and in-cluding President’s messages. Moreover, John kept a copy of each and every Flyer, maintaining a valuable record of the Federation’s history. He was a fixture at Federation Conventions with a re-markable record of attendance. He and his wife, Ruth, were renowned for their costumes at the Convention’s theme par-ties. He was known by almost everyone and made it a point to get to know the newest members as well as keeping up his connections with the oldest. Ruth attended each and every Federation meeting that John attended. She was well-known as an artist and had art shows at several Conventions. He was well-known for one phrase he uttered at each Convention. Federation president Dan Kohane said this about John, “Anyone who has ever served on the Board of Directors knows that John came to each and every Board of Directors meeting. He sat thoughtfully and quietly for the two days of debate and discussion of the Federation’s missions, goals, and plans. At the end of the meeting, the Board Chair would call on John to provide the Federation Flyer report. All eyes turned to John knowing that he would carry on a tradition exemplifying his quiet dignity. He would rise with grace and elegance and provide us with what became the unofficial start of the remainder of the week’s festivities reminding us of the fortune we shared by simply being together. He then simply would say ‘Welcome to this beautiful place.’”

At the Winter Meeting in 2008, the Board of Directors unanimously voted to award John the status of Emeritus member. The Federation by-laws provide that one can be-come an Emeritus member if he or she is deemed to be “an active or special member who has rendered distinguished service to the Federation over a substantial period of time and has made significant contributions to the advancement of the Federation’s objectives and purposes.” John certainly fit that definition. The Emeritus status was conferred upon him at the 2008 Annual meeting in Banff Springs, where John also received a pin for his 50 years of Federation membership. John and Ruth celebrated their 50th wedding anniversary during that convention. That celebration was particularly special because they had honeymooned at the Banff Springs Hotel. John was active in many other organizations besides the Federation, serving as a leader in the Episcopal Church and enjoying a long membership in the Junior Chamber of Com-merce. He was very proud that he was named Outstanding Young Man in Cleveland by the Jaycees in 1960. John was famous for his love of his own island home in the Bahamas. He and his family owned this property since 1970 and, in fact, rebuilt a home there upon some 200 year old foundations. John shared this island with one of the richest men in the world, who constantly tried to buy John out. John would not sell this property for all the money in the world. John is survived by his wife, Ruth, four children, and five grandchildren. A memorial service will be held at St. Peters Episcopal Church, 18001 Detroit Avenue, Cleveland, Ohio, on Saturday, October 22, at 11:00 a.m.

a tribute to

John rea

2 Federation FlyerFall 20112 Federation FlyerFall 2011

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(President’s Report Continued from Page 1)Institute for the first time was held immediately before and in conjunction with the Annual Meeting. Per my discussions with attendees, including the President of DRI, Matt Cairns, and his successor to be, Henry Sneath, the Institute was well received and imparted valuable information to the attendees. We have much to look forward to in the coming year. The Visibility Project, chaired by Howard Merten, will play a prominent role in the Federation. We now have an adequate budget to ensure that the Federation brand will become better known in the legal, corporate, and insurance communities. We will be engaging the services of an agency to assist us in this regard. At the present time, we are reviewing possible means to make the Federation of Defense & Corporate Counsel a well known and valued brand so in the future we will seldom hear from judges and others: “What is the FDCC?” The Membership Development and Retention Committee (MDR), under Gale White, is hard at work developing a plan for increasing our Corporate Counsel and Insurance Industry membership. With the capable guidance of Tim Pratt, certain innovations to enhance this membership will be forthcoming. Of course, there is a tie-in with the Visibility Committee in this effort. I would hope (and expect) that all of our FDCC members belong to DRI. The Federation is host-ing a cocktail party in conjunction with the DRI Annual Meeting to be held from October 26-30 in Washington, DC at the Marriott Waldham Park Hotel. The cocktail party will be Thursday, October 27 from 5:00 - 6:30 p.m. in the Delaware Suite. I would encourage all of you who plan on attending the DRI Annual Meeting to attend the FDCC reception. As an additional note, Presi-dent Bill Clinton is the featured speaker! While I know the east coast had an extremely hot sum-mer, which we experienced in Williamsburg, none of us could have anticipated the earthquake and hurricane to follow. I have asked our State Representatives to reach out to Federation members in those affected states to insure that if any Federa-tion member needs assistance, the Federation will step in to help. I would hope it would not take a hurricane for all of us to realize that we need to reach out to our fellow members, and not just in a time of calamity. As I said in my “Inau-gural Address,” I would like to see our members constantly reaching out to each other, not only to refer cases, but to de-velop social relationships and friendships. This starts with the simple act of calling someone unsolicited on the phone just to say hello. I will never forget Dan Kohane, when he was President, one day just picking up the phone and calling me

PResiDenT

to see how I was doing. I was convinced he was going to ask me to do something for him, but he just wanted to check on my welfare and that was a lesson learned. The Insurance Industry Institute is going to be held from November 16-18 at the New York Athletic Club in New York City. This will be a great opportunity to bring an insurance company representative to an exceptional program that is being headed by Co-Chairs Kate Brown, Mike Aylward, and Andy Downs. At the end of November, the Officers will be attend-ing the Lawyers for Civil Justice meeting in New York City. We will have an Officers’ meeting prior to the LCJ meeting to discuss the future of the Federation. Any thoughts or ideas con-cerning the long term future of the Federation that you think would be worthy of discussion at the Officers’ meeting should be send either to me, Ed Kaplan, Tim Pratt, or Tom Cordell. Our Winter Meeting will be at the Arizona Biltmore Hotel in Phoenix. Deb Varner, Convention Chair, and Don Myles, Program Chair, have been working long and hard on an exceptional program. This will be a great opportunity to come in from the cold and enjoy the warmth of Arizona during baseball spring training. “This is an invitation across the nation, a chance for folks to meet, there will be laughing

and singing ...” just as Martha Reeves said in the song, the Winter Meeting will be another great opportunity for Federa-tion members and guests to socialize and get educated. The featured speaker is none other than George Will, the number one syndicated columnist in the United States. Please make your reservations early and don’t forget to register when you make your room reservation. If I might add a word of cau-tion, remember that when you reserve a room or rooms, it helps the Federation on our “room block.” Late cancellations hurt us in this respect and cost us money. When we negotiate our contracts with the hotels, we get the best rate possible by guaranteeing that we will take a certain number of rooms. There will be plenty do to in the Phoenix area for ev-eryone. As Martha said, “It does not matter what you wear just as long as you are there.” Have a great Federation day! Ooohra!

—Mike Neil

As I said in my “Inaugural Address,” I would like to see our members constantly reaching out to each other, not only to refer cases, but to develop social relationships and friendships. This starts with the simple act of calling someone unsolicited on the phone just to say hello.

3Federation Flyer Fall 2011 3Federation Flyer Fall 2011

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WINTER MEETINGMARCH 3-10, 2012

WALDORF ASTORIA ARIZONA BILTMORE

PHOENIX, ARIZONA

elry enthusiasts will not need to leave the hotel to shop. FDCC guests can enjoy an afternoon in the Hyde Park Jewelers’ Vault. Accompanied by champagne and chocolates, guests will be permitted to view, purchase, and wear the jewelry during the show. i don’t care if i never get back… Why would you want to leave? Hiking, biking, and rafting will be available. Scheduled hikes in-clude Piestewa Pike (Squaw Peak) – a 2 mile hike into the McDowell Sonoran Preserve on the Saguaro Loop Nature Walk, and a hike on the Freedom Trail, – a difficult 4 mile hike that will take climbers into the North Phoenix Mountain Preserve, a 7,000 acre preserve with breathtaking views. Guided bike tours, a rafting trip (Class I rapids) and a Desert Dog Hummer Tour are in the works. Tasting, cooking, and barbequing op-portunities will be available. “A Taste of Old Town Scottsdale” is a walking food and cultural tour full of stories of the Old West and includes demonstrations and delectable food and wine samplings from some of Scott-sdale’s unique and exciting restaurants. Cooking enthusiasts may choose to adventure to the Desert Botanical Gardens for a stroll in the gardens, as well as a “Taste of the Southwest Cooking Demonstration.” Kings of the Grill will learn the practical use of libations in grilling. This is not your ordinary backyard barbeque. Chef Todd will show off his culinary ex-pertise with bourbon, scotch, Irish whiskey, and a grill. For the first time in FDCC history, an FDCC cookbook will be compiled and presented to participants in the “Backyard Bar-beque.” let me root, root, root for the Program… Program Chair Don Myles has put together a fantastic program, “Legal Spring Training: Working on the Fundamentals.” The Program will open with the 2012 Trial Masters, “Trial Fundamentals for the Big Damage Case,” with Foundation sponsored speaker, Eric Oliver. “Negotiations and Sports” with NFL referee Ed Hochuli, agents, and NFL staff is also on the program and will address how the league and players negotiated and liti-gated in 2011. Inspirational Speaker Roger Crawford has also joined the Program. Fitting for Arizona, “Immigration and Economics”, will be a plenary session topic. Attendees will get their technology fix by attending “Legal Apps to Make Your Life Easier” - 10 legal applications for your phone, com-puter, and iPad that you must have to keep up in the new age of change. Closing out the week of sports and CLE will be Keynote Speaker George Will, a renowned national colum-nist and baseball devotee. if you don’t attend it’s a shame… A Fiesta will be held

2012 WinTeR MeeTinG

on Tuesday in honor of President Mike Neil and First Lady Jan Neil. Recepcion del Presidente will take place on the Squaw Peak Lawn. Guests will enjoy the sounds of the Mariachi band and the spicy tastes and smells of Mexican food and drink. Trade in your baseball cap for a sombrero at this party. Guests are also invited to attend the FDCC All-Star Bash. Run around the bases with FDCC friends at this celebration of baseball and the FDCC. Wear the jersey of your favorite team. A golf tournament will be held on Thursday afternoon for golf enthusiasts and tennis players can participate in an organized tennis event. Many other activities are available in the “Valley of the Sun.” The Biltmore is home to a 22,000 square foot spa, where guests can be pampered in style and luxury. Pampering is al-ready in the works as a 20% spa discount has been negotiated for FDCC guests on Wednesday, March 7, 2012. Appoint-ments should be made in advance of the meeting. For it’s one, two, three strikes you’re out at the old ball game.... “Baseball is almost the only orderly thing in a very unor-derly world. If you get three strikes, even the best lawyer in the world can’t get you off.” Bill Veeck The room block is now open. Registration will be open Mid-October. See you in Phoenix.

— Deb and Jim Varner Convention Chairs

(2012 Winter Meeting Continued from Page 1)

REGISTER FOR THIS MEETINGwww.regonline.com/fdcc2012wintermeeting

4 Federation FlyerFall 2011

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Welcome to Legal Spring Training. The theme for the Winter 2012 Arizona Meeting is “Legal Spring Train-

ing Working on the Fundamentals.” Opening the program will be the 2012 Trial Masters presentation of “What Jurors Think About Damages.” Along with the FDCC Masters will be plaintiffs’ jury consultant, Eric Oliver, and our own Alan Campo to help lead lively discussion and demonstrations di-rected toward jurors. NFL referee, Ed Hochuli, will lead a panel who will discuss “Negotiations and Sports, How the League and Players Negotiated and Litigated the 2011 Collective Bargaining Agreement. Fitting for Arizona, “Immigration, Employment, and Economics” will be a plenary topic with the panel addressing the legal effects in your jurisdiction and legal community and practical effects of a highly emotional issue. Be sure not to miss the expert panel of technological wizards in “Legal Applications for Lawyers to Make Your Life Easier.” Ten legal applications for your iPhone, computer, iPad to keep up in the new age of technology. We will also be

FdCC 2012 Winter Meeting PrograM“Legal Spring Training Working on the Fundamentals.”

Don Myles, Program Chair

2012 WinTeR MeeTinG

presenting a joint program developed by FDCC and ABOTA titled, “Civility Matters.” Closing out the week will be our featured speaker who has opinions ranging from presidential pol-itics to the Chicago Cubs. George F. Will will be our featured speaker on Friday. On March 3, 2012, put your snow shovel away, pack your shor ts , and short-sleeved shirts and head for the des-ert, time for Spring Training. See you in Phoenix.

winter MeetingBook clUB

In 1907, a young upstart architect was hired to build a “prairie house” in Oak Park, Illinois for sedate businessman Edwin Cheney and his learned, lovely wife. But

during construction, the architect and Mrs. Cheney drew up a very different set of plans and scandalized Chicago by fleeing to Europe together, leaving in their wake two baffled spouses and eight heartbroken children. “Loving Frank” by Nancy Horan is based on the actual relationship between Frank Lloyd Wright and Mamah Borth-wick Cheney, pieced together from newspaper accounts and old letters. The author fills in the gaps with creative and credible dialogue that captures the essence of both Wright and Cheney, while carefully detailing the public outrage that threatened his career and destroyed her name and reputation. Woven of historical truths and fictional-ized situations, “Loving Frank” documents a real-life romance while raising questions regarding maternal love, marital obligations, and the role of women in the new cen-tury. Please join us to discuss “Loving Frank” and remember to bring a paperback to swap during our book exchange! See you at the Biltmore! Mary Alice Collins

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5Federation Flyer Fall 2011

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Tuesday, March 6, 20127:30 a.m. – 8:45 a.m.

seCTION MeeTINGs

Commercial Litigation/Financial Institutions/Insurance Coverage/Corporate Counsel OffICer/dIreCTOr INdeMNIfICaTION: a PaNOraMIC VIew

In the wake of Dodd-Frank, an environment of heightened regulatory enforcement and increased litigation exposure for corporate officers and directors, questions necessarily arise regarding the indemnification rights and benefits afforded to officers and directors for claims and lawsuits brought against them. This presentation surveys and highlights recurring and evolving legal issues and resulting policy decisions that face corporations, corporate management, insurers, and in-house and outside counsel in the granting, interpretation, litigation, and enforcement of such indemnification rights and benefits. A host of critical practice issues will be addressed, in-cluding hiring and retaining officers and directors in public and private entities; corporate gover-nance; the various types of statutory and contractual indemnification rights; contract and bylaw drafting considerations for in-house and outside counsel; procurement and negotiation of D&O insurance policies; coverage disputes arising from D&O policies; indemnification litigation be-tween corporations and their officers and directors; and statutory and regulatory developments that are chilling or precluding indemnification payments.

Panelists: Gerald B. Kline – Sims Moss Kline & Davis LLP, Atlanta, GA Jennifer E. Johnsen – Gallivan, White & Boyd, PA, Greenville, SC Serge J. Adam – Monitor Liability Managers, LLC, Rolling Meadows, IL

Insurance Coverage/Class Action The BasICs aNd BeyONd: CONTINGeNT BusINess INTerruPTION COVeraGe aNd ClaIMs Issues fOllOwING CaTasTrOPhIC eVeNTs.

Supply chain interruptions following the Spring 2011 Japan earthquake and tsunami put a spot-light on the vulnerability of U.S. businesses that have become heavily dependent on foreign companies for product, sales, and even customers. Here at home, the adverse financial effects of Hurricane Irene and the New England flooding in the Summer of 2011 could be felt by busi-nesses well beyond the immediately affected costal area. To cover such losses suffered by an insured following physical loss or damage to the property of its suppliers or customers, as op-posed to its own property, many commercial property insurance policies now include contingent business interruption insurance (“CBI”).

This panel will focus on recent issues likely to impact coverage of CBI claims. Subjects to be explored will include: “Who is a supplier?”; “Who is a customer?”; and, “Can an entire city be a supplier or customer?”. The basics of CBI, and beyond, will also be covered including the ter-ritorial limits of CBI policies, the complex interplay between covered, non-covered and excluded perils, causation theories adopted by different states, and how (where valid) anti-concurrent causation clauses can considerably limit coverage of CBI claims.

FDCC 2012 Winter Meeting PrograM“Legal Spring Training Working on the Fundamentals” March 3-10, 2012 n waldorf astoria arizona Biltmore n Phoenix, arizona


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Panelists: Richards H. Ford – Wicker, Smith, O’Hara, McCoy & Ford, PA, Orlando, FL Stephen E. Goldman – Robinson & Cole, Hartford, CT James L. Kelly, Jr. – Ace USA, Wilmington, DE

Property Section Oh, whaT a year IT was!Without much fanfare, 2011 turned out to be one of the most expensive in P & C history, with over ten catastrophic events where the projected losses in each event eclipsed the $1 Billion Dollar mark. In fact, through August 2011, an unprecedented ten extreme weather events have become Billion Dollar disasters in the United States according to the National Oceanic and Atmospheric Administration (NOAA). No other year on record has produced so many ca-tastrophes. And unlike many years where hurricanes make up the majority of the most costly catastrophes, these record numbers were the result of blizzards, wildfires, floods, droughts, and of course, the tsunamis and cyclones which have occurred outside of the United States. Each of these costly events have raised a number of coverage issues well worth revisiting in this summary of the year that was.

Panelists: Phillip E. Reeves – Gallivan, White & Boyd, PA, Greenville, SC Barclay R. Nicholson – Fulbright & Jaworski, Houston, TX

Environmental and Toxic Tort Section lessONs frOM The lOraX: Jury seleCTION IN dIffICulT CasesJury selection is an imperfect science in the best of situations, and we must work to find those jurors who will be most responsive to our message. When representing an unsympathetic client or trying a case in an unfavorable forum, finding the “best” jurors can become even more difficult. Mr. Mitchell, an experienced trial attorney, will present strategies that we can use when selecting a jury to minimize the effects of adverse publicity, unfavorable opinions of clients, or challenging forums. Stuart Simon, with nearly 15 years of experience as a jury consultant, will offer proven strategies that help trial lawyers identify those jurors that will be most receptive to your client’s case.

Panelists: John R. Mitchell – Thompson Hine LLP, Cleveland, OH Stuart Simon, Principal – American Jury Centers, Sun Valley, ID

PleNary PrOGraM

9:00 a.m. – 12:00 p.m.

Trial Masters Program — “whaT JurOrs ThINK aBOuT daMaGes”

Learn about the link between mirroring and rapport with jurors. How do anchors, frames, and themes work together? This panel is led by Eric Oliver with MetaSystems, whose expertise is in training plaintiffs’ lawyers to develop rapport by mirroring juror conduct and thus maximizing awards. During the three hour presentation, the panel will discuss and demonstrate successful techniques used in voir dire, opening, and closing ending with a roundtable discussion involving the entire panel who will address issues such as “appealing to multiple types of jurors;” “how to make money real;” ‘best plaintiff damage themes you have seen;” “best defense damage themes you have seen;” “anchoring;” and lastly, “do you always give a damage figure to the jury?”

Moderator: Wayne Mason – Sedgwick, LLP, Dallas, TX

Presenters: Eric Oliver – MetaSystems, Canton, MI Allan Campo – Trial Consultant with American Jury Center, Sandestin, FL Ric Gass – Gass, Weber, Mullins, LLC, Milwaukee, WI Leann Sanders – Alverson Taylor, Las Vegas, NV Robert T. Adams – Shook, Hardy & Bacon, Kansas City, MO


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wedNesday, March 7, 20127:30 a.m. – 8:45 a.m.

seCTION MeeTINGs

Management, Economics, E-Commerce and Technology Section; Professional Liability Section; and the Ethics and Professionalism Committee MaNaGING rIsKs aNd aVOIdING MalPraCTICe IN ClOse aTTOrNey-ClIeNT relaTIONshIPs

Lawyers in comfortable, longstanding attorney-client relationships may become complacent and fail to follow good risk management practices. This can lead to errors, misunderstand-ings, or miscommunication; bad outcomes; and claims. Come and learn how to keep this from happening to you.

Panelists: Brett J. Preston – Hill Ward Henderson, PA, Tampa, FL Jennifer E. Johnsen – Gallivan, White & Boyd, PA, Greenville, SC

Alternative Dispute Resolution Section; International Practice and Law Section MarKeTING yOur law PraCTICe ThrOuGh BlOGGING, lINKedIN, TwITTer, aNd faCeBOOK

The panel will discuss how firms can take their marketing online, and meet and develop relationships with prospective clients through firm blogs, Facebook, LinkedIn, and Twitter. Practical tips on how to use these means to grow one’s practice and expand one’s network-ing circle will be shared.

Moderator: Kay H. Hodge – Stoneman, Chandler & Miller LLP, Boston, MA

Panelists: H. Mills Gallivan, Gallivan, White & Boyd, PA, Greenville, SC Marisa Trassati – Semmes, Bowen & Semmes, Baltimore, MD David A. Bertschi – Bertschi Orth Smith, LLP, Ottawa, ON William E. Vita – Westerman Ball Ederer Miller & Sharfstein LLP, New York, NY Francisco Ramos, Jr. – Clarke Silverglate Campbell, PA, Miami, FL

Transportation Law Section OVerCOMING The errOrs: defeNdING Csa daTa IN TraNsPOrTaTION lITIGaTION”

In December 2010, the Federal Motor Carrier Safety Administration rolled out its Compli-ance, Safety, and Accountability initiative (“CSA 2010”) which established a new nationwide enforcement and compliance program, ostensibly for the purpose of improving large truck and bus safety by addressing safety problems before crashes occur. The CSA 2010 operational model features new safety performance measurement, evaluation, and prevention methods, including “Safety Measurement System” (SMS) and “Safety Fitness Determination” (SFD) data. Since the rollout, more and more plaintiffs’ lawyers are accessing public SMS and SFD data and using that information in litigation against motor carriers. Our panel discussion will feature perspectives from both inside the industry and outside counsel on the vulnerability of motor carriers and how carriers can prepare to respond to coming attacks.

Moderator: Marc H. Harwell, Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, TN


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Panelists: Scott Barker, Vice-President of Safety - Swift Transportation, Phoenix, AZ Robert T. Franklin - Franklin & Prokopik, Baltimore, MD Chuck Perry, Director of Corporate Claims – Knight Transportation, Phoenix, AZ

Alternative Dispute Resolution and Intellectual Property Sections TradeMarK, COPyrIGhT, aNd PaTeNT law eVery lawyer Needs TO KNOw

Every lawyer uses PowerPoint in trial, speaking, or in presentations to clients. Can you use pictures, movie clips, or You tube clips? This is a program for the everyday litigator. You need to understand the Do’s and Don’ts of intellectual property law in putting together presentations so you don’t get a Cease and Desist letter from the law firm across the street for violation of Trademark and Copyright laws. The panel will also discuss the recently enacted federal changes to patent registration to reflect that first to file now “trumps” first to invent.

Panelists: Craig A. Marvinney – Cleveland, OH Michael D. O’Connell – O’Connell Flaherty Attmore LLC, Hartford CT Edward B. Ruff, III – Pretzel & Stouffer, Chicago, IL Carlos F. Concepcion – Concepcion Sexton & Martinez, Coral Gables, FL

PleNary PrOGraM

9:00a.m. – 12:00p.m. Opening Plenary Program

9:00a.m. – 9:10a.m. Welcome to the Convention

9:10a.m. – 9:30a.m. Introduction of New Members, Past Presidents, and Special Friends

9:30a.m. – 9:45a.m. Welcome to the Desert

10:00 a.m. – 11:00 a.m.CIVIlITy MaTTers – “wINNING ThrOuGh CIVIlITy”Too often, lawyers and clients mistake civility for weakness. Come hear a distinguished panel consisting of a successful plaintiff and defense trial lawyer and a retired judge, now top media-tor. Show how to win big by being civil. This interactive and highly entertaining program was developed by ABOTA, The American Board of Trial Advocates, and supported by grants from the JAMS foundation and the FDCC so that it could be presented to law schools and law firms around the country. Hear some of the most outrageous voice mails, see the most shocking video deposition clips, and read some truly offensive e-mails and letters. And then, learn how to rise above them and avoid the uncivil trap. And learn what happens to those that don’t! This is a program you will want to take back to the attorneys in your office.

Panelists: Donald W. Carlson – Carlson, Calladine & Peterson, LLP, San Francisco, CA William B. Smith – Abramson, Smith, Waldsmith, LLP, San Francisco, CA

Honorable James Warren – JAMS, San Francisco, CA

11:00 a.m. – 12:00 p.m.

“TeChNOlOGy fOr lawyers – BesT iPad aPPs”

Learn how your iPad and Smartphone can make you a more productive and effective lawyer. Our panelists will each explain their favorite apps with benefits and capabilities that will make your life easier. These applications can be utilized on iPads and iPhones, as well as all Droid-based systems. Learn the latest and greatest. If you do not know what an “application” is, you really need to come to this program.

Moderator: Brett J. Preston – Hill Ward Henderson, PA, Tampa, FL


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Panelists: Donald L. Myles, Jr. – Jones, Skelton & Hochuli, PLC, Phoenix, AZ Jean M. Lawler – Murchison & Cumming, LLP, Los Angeles, CA Leslie Packer – Ellis & Winters, LLP, Raleigh, NC Mike Shalhoub – Goldberg Segalla LLP, White Plains, NY Mills Gallivan – Gallivan, White & Boyd, PA, Greenville, SC Meloney C. Perry – Meckler Bulger Tilson Marick & Pearson, LLP, Dallas, TX Victoria H. Roberts – Meadowbrook/Century Insurance Groups, Scottsdale, AZ Brian Calistri – Weber Gallagher Simpson Stapleton Fires & Newby LLP, Philadelphia, PA Michael R. Nelson – Nelson Levine de Luca & Horst, LLC, New York, NY

Thursday, March 8, 20127:30 a.m. – 8:45 a.m.

seCTION MeeTINGs

Extra-Contractual Liability, Insurance Coverage, Appellate Law, Reinsurance/Excess/Surplus Lines SectionsMulTIPle ClaIMaNTs aNd INsuffICIeNT lIMITs-CaN INsurers lesseN TheIr eXPOsure TO Bad faITh ClaIMs?

Playing Musical Chairs With Multiple Claimants and Insufficient Limits. Can Insurers Lessen Their Exposure To Bad Faith Claims? When multiple claimants are vying for insufficient policy limits, an insurer’s bad faith exposure is magnified. If a settlement of some, but not all, claims exhausts the available policy limits, the insured is exposed to ongoing litigation without de-fense coverage. If the insurer conditions settlement on resolving all existing and potential claims, the insurer may face bad faith failure to settle claims from the plaintiff(s) unwilling to await a global resolution or dissatisfied with their share of the policy proceeds.

Judicial approaches to this situation vary, with some courts permitting insurers to proceed on a “first come, first serve” basis and others favoring a “first to settle” or “first to judgment” approach. In some jurisdictions, insurers can interplead the policy limits and call upon the court to assist in resolving the competing claims. In other jurisdictions, legislation has been proposed to offer insurers some protection against bad faith claims arising out of the mul-tiple claimants/insufficient limits scenario. Our distinguished panel will explore the real world conundrums insurers face in this situation and share their views regarding effective ways to minimize extra contractual liability exposures.

Hypothetical cases will be posed and discussed to draw out several different suggested frameworks for guiding a carrier through the maze of choices presented by the “multiple claimant – insufficient limits” situation.

Moderator: Barbara A. O’Donnell – Zelle McDonough & Cohen LLP, Boston, MA

Panelists: John W. Weihmuller – Butler Pappas, LLP, Tampa, FL Paul C. Garrison, Corporate Counsel–Infinity Insurance, Birmingham, AL Philip D. Priore – McCormick & Priore, PC, Philadelphia, PA John Briggs, Claims Counsel – Scottsdale Insurance, Scottsdale, AZ


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ThursdayCLe

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Trial Tactics Practice and Procedure Section, Drug Device Biotechnology SectionyOu haVe adMITTed lIaBIlITy, NOw whaT? defeNdING The daMaGes ONly Case

The panel will discuss how to defend the matter once you have admitted liability, and you are left with defending the damages-only case. Tips will be offered on how to make the most of your case and how best to reduce a potential jury award.

Moderator: Stephen C. Pasarow – Knapp, Petersen and Clarke, Glendale, CA

Panelists: Francisco Ramos, Jr. – Clarke Silverglate Campbell, PA, Miami, FL Joseph M. Fasi II – Gonzalez, Saggio & Harlan LLP, Milwaukee, WI J. Richard Caldwell, Jr. – Rumberger Kirk Caldwell, Tampa, FL Kile T. Turner – Norman Wood Kendrick & Turner, Birmingham, AL

Construction Law Section CrITICal CONsTruCTION law uPdaTe

Anti-indemnity laws present a cognitive illusion: to the subcontractor, the anti-indemnity laws are an unexpected gift; to the owner, the anti-indemnity laws are an unfair restraint on his right to contract. The first portion of our program will explore the current legislative trend with respect to anti-indemnity laws, many of which forbid “additional insured” obligations in construction contracts. We will look at the enforceability of various state statutes, methods to circumvent them, and their impact on the construction and insurance industry.

Panelist: Gerald A. Melchiode – Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA

The MarCellus shale BOOM aNd ITs leGal IMPlICaTIONs

The Marcellus Shale formation (which runs through many states) has over 500 trillion cubic feet of natural gas. Accessing it has, however, led to wide-ranging and complex legal prob-lems. We will discuss the attendant risks from personal injury, environmental accidents (i.e., fracking fluid spills and leaks resulting in gradual subsurface water contamination), and many other sources of litigation. Come and be prepared before the first case hits your desk!

Panelists: Mark J. Gesk – Wayman, Irvin & McAuley, LLC, Pittsburgh, PA Thomas F. Segalla – Goldberg Segalla, LLP, Buffalo, NY

PleNary PrOGraM

9:00 a.m. – 10:00 a.m.

“BOrders aNd feNCes: IMMIGraTION aNd ITs IMPaCT ON eMPlOyMeNT aNd CIVIl rIGhTs”

It’s in the headline news. Immigration reform and the ensuing economic and emotional im-pact is now a hot button topic all over the country. This program will illustrate how this highly charged issue effects employment practices, businesses, and litigation. A highly spirited dis-cussion will address both the pro and con positions of states’ and local governments’ enact-ment of laws due to a perceived failure of the federal government to solve the problem. And, some of the states, including Arizona, Alabama, and Georgia have enacted immigration laws that place immigration enforcement on both employees, employers, and public schools. Our panel will explore how and why these laws were drafted, its immediate economic effects upon


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ThursdayfrIday

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the border states, novel cases being brought, and what the future holds as immigration con-troversies continue to emerge and escalate.

Panelists: Elizabeth F. Lorell – Gordon & Rees LLP, Florham Park, NJ Robert L. Christie – Christie Law Group, PLLC, Seattle, WA Mercedes Colwin – Gordon & Rees LLP, New York, NY Steve Montoya – Jimenez & Montoya, Phoenix, AZ

10:00 a.m. – 11:00 a.m.“NeGOTIaTION Nfl sTyle”

National Football League General Counsel Jeff Pash and NFL Referee Ed Hochuli (85) will discuss how the NFL negotiates on and off the field. This is an inside look at negotiation tech-niques used on and off the field by NFL personnel. This presentation will include video clips of face-to-face negotiations amongst players, coaches, and officials.

Panelists: Edward G. Hochuli – Jones, Skelton & Hochuli, PLC, Phoenix, AZ Jeff Pash – Executive V.P. and General Counsel – National Football League

11:00 a.m. – 12:00 p.m.

“TurNING The PessIMIsM Of ‘I CaN’T’ INTO The uNsTOPPaBle POwer Of ‘I CaN’ ”

Roger Crawford’s most recent book is Think Again which discusses inspiring others to discov-ery possibilities hidden in plain sight. Mr. Crawford overcame disabilities on his way to becoming an NCAA Division I college athlete in tennis. He has appeared on Larry King Live, Good Morning America, and CNBC.

speaker: Roger Crawford

frIday, March 9, 20127:30 a.m. – 8:45 a.m.

seCTION MeeTINGs

Corporate Counsel and Insurance Industry Sections wITNess PreParaTION: The VIew frOM The duGOuT

Bring your trials, tribulations, and triumphs to this interactive roundtable discussion. Aided by a team of veteran in-house lawyers, we will explore the unique issues associated with the corporate representative deposition, including traps and pitfalls of witness identification, selection and preparation; defining and limiting deposition scope; repetitive 30 (b)(6) notices; third-party deposition requests; and the non-party corporate witness as expert witness. Join us as we work together to formulate internal best practices.

Panelists: W. Michael Scott – Beirne, Maynard & Parsons, LLP – Houston, TX Victoria H. Roberts – Meadowbrook/Century Insurance Groups, Scottsdale, AZ

April A. Elkovitch – Farm Family Casualty Insurance, Albany, NY

lIfe, healTh aNd dIsaBIlITy seCTION BusINess MeeTING

Chair: Geralyn M. Passaro – Litchfield Cavo LLP, Fort Lauderdale, FL


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PleNary PrOGraM

9:00a.m. – 9:45a.m. Business Meeting

9:45a.m. – 10:00a.m. Preview of 2012 Annual Meeting in Whistler, British Columbia

10:00a.m. – 11:30a.m. KeyNOTe sPeaKer – GeOrGe wIll

George Will is today’s most widely read columnist. He will speak about politics and baseball. His newspaper column has been syndicated by The Washington Post since 1974. Will’s column currently appears twice weekly in close to 400 newspapers in the United States and Europe. In 2010, Will’s book, Men At Work: The Craft of Baseball, which topped The New York Times best seller list in 1990, was reissued as a 20th An-niversary special edition with a new introduction (paperback). Other published writings by Will on baseball include Bunts: Curt Flood, Camden Yards, Pete Rose and Other Reflections on Baseball, a best-selling collection of new and previously published writings. Will was a member of Major League Baseball’s Blue Ribbon Panel, ex-amining baseball economics.

11:30a.m. – 12:00 p.m. Book signing by George Will

Wednesday

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Several years ago, a few ladies attending our con-ventions began to gather to knit. They would work on various individual projects, and occasionally, learn a new technique and make a special item. At the recent FDCC Annual Meeting in Williamsburg, the group met together to knit for a common goal – they knitted for the seafar-ers who bring the yarn! As stated by SCI, the sponsoring group, “Men and women of the maritime industry help improve our lives today with the sacrifices they make to deliver goods from around the world to our homes and workplaces. It is a world with hazards and difficulties – struggles that to this day, remain characteristic of the mariner’s unique work and way of life.” Since 1898, knitters and crocheters have been making hats, scarves, vests, and socks for the deep-sea and river mariners who work over the holidays. When their vessels are in port during this season, the hand-knitted goods are collected, along with sample size toiletries, sweets, and games, and the gifts are deliv-ered to the seamen. This volunteer program of over 4,500 knitters represents every state and the handknit items offer

the Federation Knittersthe mariners, from all corners of the world, outward signs of warmth and hospitality. Through the Newport News Mariners’ Museum, where we held this summer’s theme party, we learned about the Christmas at Sea project. Our FDCC knitters thought knitting garments that would be useful to the mariners who were away from loved ones during the holidays might be a good idea and something our folks would enjoy do-

ing. Wendy Trigg and Tonya Hall organized the group who met in Williamsburg and seven scarves were sent to SCI, with others promised by folks who finished their projects later at home. At the upcoming Winter Meeting in Phoenix, the Federa-tion knitters will be gathering once again on Monday, March 5th at 10:00am. Come join them

as they continue to work on more handknit items to sup-port this worthy project. Even if you don’t know how to knit, come and fellowship with them as they work. To learn more about the SCI project, visit www.seamenschurch.org


http://www.seamenschurch.org

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What exactly does the FDCC Secretary-Treasurer do? Good question. Well, in addition to the $100,000 per

year stipend, the Secretary-Treasurer gets unlimited access to the FDCC private jet, a car and driver, an expense budget that no one checks, and a very expensive calculator to keep track of the FDCC financials. Not a bad gig. The real story – I am responsible for “recording minutes of all meetings of members.” I “maintain the roster of members.” I do a bunch of financial stuff. And I’m responsible for “brew-ing coffee for other officers.” They do not tell you this until you are selected as Secretary-Treasurer.

Speaking of money, I wanted to identify an issue that actually costs us money, meeting after meeting. When we plan one of our meetings, in our contract with the ho-tel, we need to commit to a certain number of rooms. Our financial planning for that meeting is based on the number of paying guests we expect at that meeting, and we need to be sure we have hotel rooms for each of you. The downside to this is that, if we do not meet our commitment, we must pay a penalty because the hotel has set aside those rooms for us. So, where am I going with this? At Williamsburg, with the last-minute cancellations, we ended up dropping below our room commitment, which required us to pay a penalty of $26,000. Imagine what more Deb and John could have done with an additional $26,000 to spend. I know that we do not control all things, and that trial settings, emergencies, and other changed circumstances can intervene and require cancellation just before a meeting. We are, however, looking at ways to cushion ourselves from these losses. This note is not intended to discourage early registration and bookings. Please, we need them. But, I wanted to sensitize membership to the potential financial consequences when these last-minute cancellations occur. As an in-house counsel, I am interested in increasing the number of FDCC corporate/insurance members. Our organization, after all, is called the Federation of Defense & Corporate Counsel. It is important to have a robust diversity of perspective in our membership ranks. Pursuing common interests and opening lines of communication between in-house corporate/insurance counsel and the outside counsel they hire to defend them are critically important objectives. To expand corporate/insurance counsel membership, we need the help of defense counsel members, who can recommend the FDCC to their clients. We need the help of our corporate/insurance members, who can tout this tremendous organiza-

tion to their colleagues. Gale White, MDR Chair, is explor-ing some innovative ideas on providing financial incentives to advance membership and increasing meeting attendance by corporate/insurance industry members. Those recommenda-tions will eventually be evaluated by the FDCC Board. More on all of this to come. That’s it for now. Off to my brewing duties.

—Tim Pratt

rePort FroM the seCretary-treasurer

Timothy A. PrattSecretary-Treasurer

What exactly does the FDCC Secretary-Treasurer do?

Membership as of October 2011

Defense Counsel 1053 Defense/International 58

Corporate Counsel 127 Corporate/International 7

Industry 37

Special Member - Active 9 Special Member - Retired 56

Emeritus 23

ToTAl 1370

MeMbershiP status rePort

At the Winter Business Meeting in Indian Wells, Article II, Section 3, pertaining to Spe-cial Members, was revised and approved by the members present. Since this bylaw was changed

after printing of 2011 Roster, please note the correct bylaw posted on the federation website, click here. Updated bylaws will be printed in the

2012 Roster coming out soon.

FDcc Bylaw Revision Update


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This will take you back a few years – slightly over halfway through the Bush adminis-

tration. It involves the so-called Valerie Plame incident. Plame was a CIA agent; it was known by many in Washington that this was so; however, it is a federal crime to disclose that someone is a CIA agent. Robert Novak, one of America’s most distinguished investigative journalists (now deceased), wrote a column in which he revealed that Plame did work for the CIA. He indicated that this infor-mation came from unidentified sources. This caused an uproar in political circles (Novak was conservative and Plame and her husband, Joe Wilson, were very active in liberal/Democratic circles). Novak, protected by the reporter’s shield privilege, took the information regarding the source of the leak to his grave. Things were very partisan in those days, and for mysterious reasons, attention began to focus on Vice-President Cheney, particularly his Chief of Staff, Scooter Libby. An actual fed-eral prosecution was launched against Libby, and the obvious hope was somehow to ensnare Cheney. The underlying crime alleged, of course, was the leak of the identity of a CIA agent. Patrick Fitzgerald, the United States attorney in Chicago, was in charge. During the prosecution, it became apparent Libby was in no way involved in the underlying crime. But, the prosecution was continued by Fitzgerald, and ultimately, Libby was convicted on a matter of what lawyers call “pro-cess.” This would be similar to being convicted of perjury for saying “I do not recall,” and the jury decides that when you said that under oath, in a deposition, you committed perjury. Most Americans were shocked at the conviction (since there was no underlying crime), but it became final. Libby was a ruined man and had to pay for his own defense. After his conviction, it was revealed in the press that the real source of the leak was Richard Armitage, long time Wash-ington insider and Chief Deputy for Collin Powell, Secretary of State for President Bush. This caused quite a stir because people wondered how could Powell and Armitage leave Libby “twisting in the land” without revealing the real source of the leak? Fast forward to August 2011: Dick Cheney releases his new book which the press says “will make heads explode in Washington.” Cheney is quite critical of Powell, saying that

Washington intrigue and ProseCutorial ethiCs

he would sit back in cabinet meetings, say nothing, and then express his disagreements to outsiders and the press. On Sunday, August 28, Powell was on FACE THE NATION, with Bob Schieffer. This was obviously some effort on his part to deflect the Cheney at-tacks, since Cheney had a heavy schedule – television and radio appearances having to do with his book. Powell indicated, for the first time, that while the prosecution was go-ing on he and Armitage did call the Justice Department (for which Fitzgerald worked)

to inform them that Armitage was indeed the source of the leak. Nothing, of course, has ever happened to Armitage. But, why in the world would Fitzgerald continue with the case when the underlying crime, at least against Libby, had disappeared, and the leaking culprit had been fully revealed? This call to the Justice Department has apparently just come out. Fitzgerald owes the public an explanation. If he knew of this information during the trial and the prosecu-tion, did he not have an obligation to reveal it? Was it ethi-cal for him to continue with the prosecution (not to mention spending millions of taxpayer dollars on such)? Is Fitzgerald himself guilty of some federal crime for his conduct? Should this be investigated? Should Fitzgerald be investigated by the State Bar in any State where he is admitted? Should he be brought before the U.S. District Judge who presided over the Libby trial? After all, federal prosecutors (and most state prosecutors as well) are bound by something called the Brady (not this writer) rule – to disclose to the suspect and to the court exculpatory evidence, and the discovery of the source of the crime (Armitage) would certainly seem to fall within that category. This writer makes no judgments, but the significant and new information received from Secretary of State Powell on August 28, has the potential of materially changing our view of this entire episode. Also, even though Powell and Armit-age deserve credit for calling the Justice Department, one might ask why they did not reveal this information to the press, which certainly would have created a firestorm of pro-test, quite possibly leading to the evaporation/dismissal of the case against Libby. One would also hope that someday, Scooter Libby will receive a full pardon for the life-ruining episode which he has suffered.

Michael J. BradyRopers, Majeski, Kohn & Bentley

ethiCs hotline


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Deb and John KuchlerConvention Chairs2011 Annual Meeting-Colonial Williamsburg

We had a great turnout and a terrific time in Colonial Williamsburg for the 2011 Annual Meeting. With

lots of good attitudes and many bottles of ice cold water, we managed to beat the heat. This group had too much fortitude to let 100° heat stop us. So, the meeting went on as planned. Historic area tours were a big hit with nearly every-one heading out of the Williamsburg Lodge or Inn to take in the sights and sounds of the Historic District. Tavern dining pro-vided a unique fel-lowship experience for many. The Fat Canary sang for our diners, as well. And, ladies, don’t forget the sales we found at Binn’s on West Duke of Gloucester Street. Many of us left with more clothes and shoes than we had when we arrived! Visits by Patrick Henry, Thomas Jefferson, Jupiter, and other character interpreters made the week extra special. The opening address, from the “farmer from Virginia,” was particularly engaging. The President’s Reception on the back lawn of the Williamsburg Inn was a big hit. We were so blessed to have the most temperate evening of the week for this out-door event. The Mint Juleps were refreshing, the variety of food fabulous, and the Blue Grass music just right. But, the best part of the event was the time to sit and chat together under a beautiful evening sky. Our “Anchors Away” Theme Party at the Mariners’ Mu-seum provided such a variety of food options that one could

hardly taste everything. The evening ended with a splash of fireworks. The museum was well received by our history buffs and provided a welcomed air-conditioned respite from the summer heat. For those who enjoyed getting a firsthand view of the restoration of the USS Monitor, you might find

the recent article in the New York Times of interest: http://www.nytimes.com/2011/08/09/science/09monitor.html?pagewanted=all The 75th Anniversary Gala in the Virginia Room of the Williamsburg Lodge started with a flash mob per-formance by the Capitol Hearings. After a sumptuous feast, Big Ray and the Kool Kats provided the music for a night of dancing.

Offsite excursions gave everyone a variety of opportu-nities, including a trip to Jamestown, a visit to Yorktown, a plantation tour hosted by the grandson of President Tyler, a schooner sailing, and more. Sports enthusiasts took to the golf courses, tennis courts, fishing waters, and streets of Williamsburg to compete. This meeting’s Fun Run was held in honor of the memory of Jen-nifer Cole and had the best participation in recent history.

MeMories oF Colonial WilliaMsburg


http://www.nytimes.com/2011/08/09/science/09monitor.html?pagewanted=all



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2011 AnnUAl MeeTinG

The tournament winners were: A. PARenT-cHilD GolF ToURnAMenT - played for fun

B. GolF ToURnAMenT

First place team: John Woodard, John Peer, Rich Traub, Rick Weiss

Second place team: Doc Morgan, Ed Kaplan, Jack Trigg, Jay Sever

Closest to the pin: Michael Kreamer

Longest drive: Kristy Blake, Don Williams Longest putt made: Debbie Orth, Paul Butler

c. Tennis ToURnAMenT

Men A: 1st place: Eric Riegner; 2nd place: Richard Leslie

Men B: 1st place: Sal DeSantis 2nd place: Ken Barre

Women A: 1st place: Sue Chapman 2nd place: Kristy Blake

Women B: 1st place: Kim Murphy 2nd place: Alison Manley

D. JenniFeR cole MeMoRiAl FUn RUn - biggest turnout in past several years in honor of Jennifer Cole

Fastest male: Clark Hudson

Fastest teen male: Tommy Hudson

Fastest female: Mary Trilday

Fastest teen female: Julia Lewis

e. BRiDGe

First place: Tonya Hall

Second place: Richard Millman

The adults weren’t the only ones having a great time – the young people had their fair share of fun, too. Many young smiling faces were seen about during the week as they enjoyed a scavenger hunt, ghost tour, go-kart races, and more. What a wonderful way to celebrate the Federation’s 75th Anniversary!

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2011 AnnUAl MeeTinG

The Williamsburg Program “honored the past” and “molded the future.” A few FDCC “firsts” occurred during the program including Craig Marvinney transforming on stage from him-self to Thomas Jefferson. For those who missed Craig’s in-credible performance, it was the first time an FDCC member appeared in a plenary session without pants. Another FDCC first occurred on Friday, during the “Sleep Tight, Don’t Let the Bedbugs Bite” session where vials of bedbugs were passed around for the audience to view. No need to worry, the bedbugs were not alive. The final “first” was a result of the extra effort of the speakers on the Class Action Section panel. Having their presentation “in the bag”, in the final two weeks before the meeting, the speakers totally revised their presentation in order to address the most recent U.S. Supreme Court rulings on class actions. There were a total of 67 different speakers on the pro-gram, including the Keynote Speaker, Karl Rove. The program included two professors, two federal magistrates, in house counsel, exhibitors, a Congresswoman (via Skype), the General Counsel for the National Center for State Courts, bedbug experts and, of course, “Thomas Jefferson.” Each was fabulous. The Pro-gram qualified for 14.00 CLE credit hours or 16.80 hours (depending on the 60 v. 50 minute hour), of which 3.25 or 3.90 credits were available for ethics. The optional plenary session field trip on Tuesday, July 26, 2011 was well attended. Professor Lederer brought a new dimension to the Program with his technology, innovations, and instruc-tion. Rob Baldwin, of the National Center for State Courts, briefed at-tendees with information regarding the services of the National Center. A tour of the National Center facilities was then available to interested participants.Sponsored by the Foundation, “The Lost Colony of Profes-sionalism” had volunteers pontificating as to what they would do upon receipt of a ring making them invisible. The results were amusing, and, at times, disturbing. Following a lesson from Thomas Jefferson (aka Craig Marvinney) on creative thinking, a mock trial was conducted, including jury voir dire, opening statements, and closing ar-guments. The session closed with insightful comments from the judge and jury. Keeping with the trial theme, a presentation on “Social

Media and the Jury” closed out Thursday’s Plenary Session. Information was provided as to the sometimes astounding con-duct of jurors, i.e., tweeting, texting, researching, friending on facebook, as well as about how courts are handling the issues. Two federal magistrates participated in the panel and provided their thoughts on the problem and potential solu-tions. Friday’s Ple-nary Session fo-cused on the BP Oil Spill. Open-ing the session was Internation-al Media Con-sultant and for-mer ABC News

Journalist Teri Goudie, and FDCC Member and Fox News Analyst Mercedes Colwin. They discussed how to “turn words into action” when dealing with litigation and the media. To-gether, they not only identified areas of concern, but assisted with the development of an action plan in difficult situations, such as the BP Oil Spill. Closing out the Plenary Session was a virtual tour into the economic and environmental impact of the oil spill disaster, complete with an incredible animation of the ever-spreading spill. When Congresswomen Kathy Castor, U.S. Representa-tive, 11th Dist. of Florida, member of the House Energy and Commerce Committee, was required to stay in Washington

the WilliaMsburg PrograM

“honored the Past” and “Molded the Future.”


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2011 AnnUAl MeeTinG

D.C. to vote on the debt ceiling, incredible efforts were made to successfully Skype her part of the presentation, record it, and imbed it into her power point. This group did not miss a beat, while giving a real time demonstration on the use of technology. Substantive section meetings included “Professional Mal-practice and Economic Loss: Why Choice of Law Really Does Matter,” “ Robo-Signers and Dodd-Frank—Recent Develop-ments in the Financial Services Industry,” “Current topics in Life, Health & Disability Insurance,” “Enhancing your Trial Presentation with Presentation Software,” “The New Age of Class Actions: Cutting Edge Developments,” “Splitting Files: Liability, Coverage, and Ethical Implications,” “Enforcing Policy Conditions and Warranties in a Hostile Environment,” “Repairing National Treasures – Overview of Issues Involved in Repair of Historic Buildings,” “Strategies for Defeating “Crawford Claims,” “the Paradox of CH2M Hill,” “Coverage Issues Under AI Endorsements and GL Policies,” “Dam-age Allocation Between ‘AI’ Carriers and ‘Direct’ Insurers,” “Sleep Tight, Don’t Let the Bedbugs Bite,” “Expert Evidence: Making it Simple, ” “International Arbi-tration,” and “Finding and Removing the Redcoats from your Jury: Exposing Anti-Trucking Bias Dur-ing Voir Dire in Commercial Motor Vehicle Cases.” In short, something for everyone. The Program closed with the Keynote Speaker. While some may have originally been concerned with the choice Karl Rove as a keynote speaker, he was above and beyond. He was serious, funny, and insight-ful. When his lecture addressed the tragic events of 9/11, the room fell silent. As advertised prior to the meeting, this was in insight to “a ring side seat to history.” Karl Rove provid-ed attendees with that ring side seat with wide ranging topics including the Vice Presidential selection pro-cess, what is happening in the country currently, and an insight to the President’s thinking on 9/11. Let us not forget his James Car-ville impersonation. Putting on the Pro-gram was exhilarating, yet nerve racking, challenging, but incredibly fun. Pulling off the Program would not have been possible without the tireless efforts of the presenters , the AV team, the CLE team (Francie Berg), Marty and Mike Streeper, Susan Coone, Mary Nell O’Dowd, and the many individuals who participated during the interactive sessions. Many thanks to Lib Foster who not only ran the Registra-tion Desk, but kept Jim straight. Jim, BreiAnne Varner, and

the dedicated Registration Desk “worker bees” made the reg-istration process fun and easy. Finally, thank you to Tom and Ann Cordell for putting their faith in me with the Program. It was truly a labor of love.

—Deb Varner, Program Chair —2011 Annual Meeting-Colonial Williamsburg

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2012 Annual Meeting credits Williamsburg, VA • July 24 – 31, 2011

sTATe GeneRAl eTHics coURse cReDiTs cReDiT no.

* Alabama 14.00 3.30 * Arkansas 14.00 3.25 TRL37466 * Colorado 17.00 3.90 * Delaware 14.00 3.30 fdc072620112011_ Florida * Georgia Illinois 14.00 * Indiana Iowa 13.75 3.25 82038 * Kansas * Kentucky * Louisiana 14.00 2.25 0656110726 Minnesota * Mississippi 14.00 3.30 Missouri 16.50 3.90 Nebraska 14.00 2.00 62723 * Nevada * New Hampshire * North Carolina 14.00 * Ohio * Oklahoma 17.00 4.00 * Pennsylvania 14.00 3.00 152042 * Rhode Island * South Carolina 14.00 3.25 115640 * Tennessee 13.25 3.25 (dual) 111420 Texas 14.00 3.25 901228321 * Utah * Virginia Washington West Virginia 16.80 3.90 * Wisconsin 16.50 3.50

* New York Approved Jurisdictions

Ethics credit is part of the total credit.

Cle CreditsPhil R. Richards, CLE Chair

For cle questions, please contact Francie Berg at [email protected]

aWard Winners at the AnnUAl MeeTinG

The Andrew C. Hecker Award is presented annually to a Federation member who authors the year’s most outstand-ing FDCC Quarterly article. The award winner for 2011 is:

sandra F. ClarK

“The Art of Cross-Examination” Winter, 2011; FDCC Quarterly Volume 61, No.2

The John Alan Appleman Award honors the Substantive Law Section Chair who has made the most outstanding contribution to the advancement of the FDCC’s educational goals through the work of his or her Section. The award winner for 2011 is:

elizabeth F. lorell Employment Practices and Workplace

Liability Section Chair The Joseph R. Olshan Award is presented annually to the chair of a Board Committee whose work has made the most outstanding contribution to the advancement of the FDCC’s aspirational goals.

Winners for 2011 are:J. scott kreamer

Gregory A. Witke

In recognition of their outstanding organizational skills and dedication to the Federation through their work on the Litigation Management College Committee.


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The Federation will present its 2011 Insurance Industry Institute November 16 to 18 in New York. This one and

one-half day program will focus on emerging issues of interest to senior level insurance executives. Defense counsel mem-bers are asked to bring a client to the Institute. Registration is now open via the FDCC website. While 2009’s 2020 program looked forward by a decade, this year’s Institute will focus on medium term issues emerg-ing today and likely to be even more important in 2014-2015. In November, the Institute will focus on four broad areas, the changing regulatory landscape, domestic and international challenges to the attorney-client privilege, the challenge of protecting privacy rights with the emergence of new tech-nologies, and the growing internationalization of the claims landscape. Once again, through the generosity of Greg Gamble and Frank Crystal & Co., the Institute will be held at the New York Athletic Club, centrally located adjacent to Central Park. The Institute will begin with a networking Cocktail Recep-tion Wednesday evening. That will be followed by a full day of programming Thursday, including a luncheon, culminating in a second networking Cocktail Reception Thursday evening. The program will resume Friday morning and will be finished by noon to allow attendees time to take advantage of all New York has to offer or get an early start on their travel home. A limited block of rooms is available at the New York Athletic Club. Following the 2008 economic meltdown, there have been significant changes in the insurance regulatory climate. The traditional model of state regulation is being challenged by new layers of federal involvement, including the creation of a Federal Office of Insurance and the Financial Stability Over-sight Council. Among others, the speakers will include Walter Bell, currently Chair of Swiss Re and formerly the President of the National Association of Insurance Commissioners and current regulators. The ever shifting timeline and regulatory requirements for the implementation of the Medicare Secondary Payor Act

will also be covered. Mike McMyne from Guilford Specialty Group will lead a discussion that will address it from both the corporate compliance perspective as well as what outside counsel must do to adequately protect policyholders and in-surers. The emergence of Wiki Leaks illustrates the challenges facing insurers today in protecting not only their internal trade secrets but also the private information of their cus-tomers. Our speakers will address the challenges presented by the emergence of Wiki Leaks, cloud technology, cybercrime in general, and the liability risks for policyholders who hold confidential customer data. Our speakers will include the Chief Privacy Officer of Progressive Insurance. While privilege issues are hardly new, there are new chal-lenges to the enforcement of the attorney-client privilege, both in the United States and internationally. Privileged information crosses international borders with increasing frequency. Other nations have different views regarding the confidentiality of attorney-client communications. We are fortunate to have David Steiger, the author of The Globalized Lawyer: Secrets to Managing Outsourcing, Joint Ventures and Other Cross-Border Transactions, who will share his insights on the protection of the attorney-client privilege when the privileged communi-cation crosses international borders. Finally, casualties are becoming increasingly international. From the Deepwater Horizon oil spill to the March 11 earth-quake in Japan, events in one part of the world have global insurance ramifications. Our speakers will discuss how insurers adapt to conduct business across international borders, whether driven by different legal systems, different regulatory systems, or different cultural practices and physical infrastructures. Our speakers include industry executives responsible for handling global claims. We look forward to seeing you in New York in November. Remember, defense counsel members are expected to bring a client.

Kate Browne, Mike Aylward, and Andy DownsInstitute Co-Chairs

noveMber 16-18, 2011 – neW yorK

2011 insuranCe industry

insTiTUTe


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speakers addressed very timely topics, including cost-effective management of relatively low exposure cases, how to put to-gether an effective Request for Proposal, current trends in labor and employment law, cutting edge governmental issues, including congressional legal reform affecting corporations in 2011, managing disclosure of litigation risks, alternative fee arrangements, whether business courts are a true cost saver, how to address government inquiries and investigations, and the current state of the attorney-client privilege and work product protection. The Symposium did not consist entirely of hard work, as attendees had the opportunity of engaging in the traditional golf outing, sponsored by long-time FDCC supporters Habif, Arogeti & Wynne, and a night of Philadelphia Phillies baseball,

sponsored by Thomas G. Oakes Associates Reporting. There were a record number of sponsors this year, which included SEA, Engineering Services Inc. (ESI), Rust Con-sulting Inc., Morgan Stanley, Courtroom Sciences Inc. (CSI), Juristaff, Exponent, Frank Crystal & Co. and Class Action In-surance Consultants . This year’s Symposium chairs, Leslie Packer and Joe Garza, did an excellent job of managing the process and putting everything together for this

outstanding event. The pro-gram co-chairs, Reid Man-ley and Dave Nicholas, as-sembled perhaps the stron-gest program in the history of the CCS, as evidenced by the record attendance. Allison Pharr and Dick Caldwell, marketing co-

chairs were successful in heightening the interest in the symposium, again as shown by the attendance record.

CorPorate Counsel syMPosiuMsePteMber 20-22, 2011 n PhiladelPhia, Pa

Dick CaldwellCorporate Counsel Symposium Committee

The 8th annual Corporate Counsel Symposium, held in Philadelphia September 20-22, 2011, was the largest, most

well-attended Symposium in our history. As always, the CCS presented programs addressing critical issues currently faced by corporations and their legal staffs. Almost 140 people at-tended the Symposium, including dozens of in-house counsel who daily face problems with the management of risk and litigation assaults against their corporations. The theme of this year’s symposium was “Back to the Fu-ture – Corporate Counsel’s Role in Managing Risk in 2012 and Beyond.” The Program included 23 corporate counsel presenters from around the United States, in addition to legal industry consultants and public interest advocates. One of the highlights of the program was a panel discussion by United States District Judges Shira Scheindlin, Gene E. K. Pratter, and Patty Swartz on current issues in electronic discovery in federal courts. The keynote speaker was Manny Medrano, former Supreme Court correspondent for ABC news, who ad-vised the attendees that “no comment” just doesn’t cut it anymore in dealing with the media aggressively and effec-tively. Ben Heineman, formerly Senior Vice President -- General Counsel for General Electric, currently with Harvard University, spoke on “The General Coun-sel as Lawyer Statesman.” Teri Goudie of Goudie Media Services told the audience “How to Turn Words into Action in 2 Minutes or Less.” Other presenters in-cluded representatives of Cytec Industries Inc., Dryvit Systems Inc., Ford Motor Co., Federal Express, Boston Scientific Corporation, SuperMedia LLC, Media-tion and Alternative Dispute Resolution Services LLC, E.I. du Pont de Nemours & Co., Burlington Insurance Group, Continental Tire Americas LLC, Tompkins Ltd., Santander Consumer USA, Fay Financial/Fay Servic-ing, Covidien PLC, International Paper, PNC Bank, Ernst and Young LP, Piper Jaffray & Co., ESIS, Matthews Interna-tional Corporation, and Level 3 Communications LLC. The

“Back to the Future – Corporate Counsel’s Role in Managing Risk in 2012 and Beyond”

next year’s symposium committee has already started planning for the 8th annual event. Mark your calendars for September 12-14, 2012 in Philadelphia.


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I know you have all been hearing about efforts we are under-taking to increase the visibility of the FDCC. We believe

that raising our visibility among key target audiences enhances the value and importance of member-ship in the organization. Along those lines, our visibility efforts are directed towards corporate counsel and decision-makers in insurance companies who are responsible for the hiring of defense attorneys in civil lawsuits. The target audiences will also include current and perspective FDCC members, members of the defense bar, and judges.

We also have the opportunity to stir up some additional excitement with

the technology tools presently available to us. In that regard, we will be developing an FDCC blog that will be populated with posts by our members. FDCC members will be able to write on substantive and procedural topics of interest to the general membership and to non-members who visit the website. Our website already receives significant traffic, but we are hopeful this blog will increase that traffic. At the present time, we expect to create various catego-ries in the blog and simple mechanisms for members to post information within those categories. Members who plan on being regular contributors to the blog will be given direct access. Members who prefer to post occasionally will submit their post to a gatekeeper, who will review it to ensure it is appropriate and then post the blog. Although this sounded quite complicated to me when it was initially discussed, I have learned that the process I am describing is quite simple, very interactive, and user friendly. It is likely that our section chairs will act as the gatekeep-ers during the weeks that they are responsible for hot cases.

Edward M. KaplanPresident-Elect

nJames c. cotant, Gaylord, Michigan Member since 2002nRobert e. eggenberger, Birmingham, Alabama Member since 1971nJames P. Murray, Miami, Florida Member since 1981nJohn s. Rea, Cleveland, Ohio Member since 1957nTimothy J. Walker, Des Moines, Iowa Member since 1974

rePort FroM the President-eleCt Visibility and Technology Join Together

This gatekeeper responsibility will be minimal and seemed to combine well with the existing hot case responsibility. Hope-fully, we will be able to identify a group of members who wish to regularly contribute and who will help us develop regular interests in and regular use of the blog. Ultimately, the goal, as noted above, is to increase traffic to our website and increase exposure for the organization and benefit for its members. Your officers, board, and many of the committees work-ing within the FDCC (particularly the visibility commit-tee) continue to explore and develop strategic steps directed toward building our reputation and making the FDCC a go-to resource for those seeking defense attorneys. Creating and implementing this blog is one step in the process to help us achieve those goals.

in the neWs ...hoWard Merten, Partridge Snow & Hahn LLP was elected President of Defense Counsel of Rhode Island (DCRI) for 2011-12 term.

JaMes W. seMPle, Morris James LLP, appointed by the Judge of the Superior Court of the State of Delaware to be first Bench Bar Liaison for civil cases in New Castle County, Delaware.

douglas g. houser, Bullivant Houser Bailey, PC elected President of National Fraternity, Beta Theta Pi.

todd M. rasKin, Mazanec, Raskin, Ryder & Keller Co., LPA, selected for inclusion in 2012 edition of The Best Lawyers in America in the practice of Civil Rights Law.

edWard J. Fanning, Jr., McCarter & English, LLP sworn in as President of the New Jersey Defense Association for 2011-12.

MeMoRiAls


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We See the Road Aheadboard Chair’s rePort

At the Annual Meeting in Williamsburg, we announced that the Federation Foundation and FDCC are embarking

on a truly remarkable journey with the Colonial Williamsburg Foundation. This journey is one based upon a foundational belief that the fu-ture of our democratic republic rests with our young people – tomorrow’s leaders – and their ability to use the lessons of the past to guide the future of America. To be leaders of communi-ties, states, and this nation, tomorrow’s leaders must understand our nation’s history, and, not just the rights, but also

the duties and responsibilities of being a citizen of this nation. Citizenship is the one

common thread that unites all Americans. We may not have the same religion or be of the same race, but we are joined together as Ameri-can citizens. This revolutionary tra-dition teaches that in order to govern ourselves, we must be engaged in un-derstanding, ac-cepting, and fur-thering the concept of citizenship. As American cit-izens, we are to be active and engaged citizens, shaping and directing our government every day. Colonial Wil-liamsburg has committed time, resources, and much thought to the mission of sharing the lessons of history with present and future citizens. It has developed and now offers engaging and enriching programs for students of all ages – especially for students and teachers at both elementary and high school levels. However, Colonial Williamsburg is limited in its ability to reach out and speak directly, and in person, with the state, community, school administrative and curriculum leadership, and classrooms in every district in America. The FDCC has leaders in every state and many communities within each state. We have the physical “feet on the ground” resources to bring the message of the rights, duties and responsibilities of citizenship to schools in each of the United States. We are partnering with the Colonial Williamsburg Foundation

Tom CordellBoard Chair

FDCC Partners with Colonial Williamsburg Foundation

to introduce transformative history/civic education resources to the schools and to the future citizens in our communities. With Colonial Williamsburg, we will develop a powerpoint point program that our members can take to their commu-nities to inspire a new generation of American citizens. We will be able to provide information that is available to our schools through Colonial Williamsburg to further educate our future leaders. For example, Colonial Williamsburg offers the Emmy Award-winning Electronic Field Trip Series for elementary and middle school students — innovative, distance learning television and internet programs that bring American history alive in classrooms across the nation. The Idea of America™ is an all-digital, highly interactive American History curriculum for high school students, authored by Colonial Williamsburg and distributed by Pearson Education. For teachers of all grade levels, Colonial Williamsburg sponsors outstanding teacher de-

velopment experi-ences in American history and civics. What could be more important for our Nation in the long term and more consistent with the mission – “that the future may learn from the past?” Thanks to John Woodard and the FDCC Foundation for their able assis-tance and work in bringing this ven-ture to fruition. If

you have an interest in learn-ing more about our part-nership with the Colonial Williamsburg Foundation and participating in this program, please let us know.


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The Federation of Defense & Cor-porate Counsel Foundation has

embarked on new activities in 2011. Earlier, the Foundation Board created the Foundation Committee to assist the Foundation Board in a few critical areas. Bill Tooms is the Chair of the Committee to aid the Foundation and its leadership and has recruited many new committee members to increase the visibility of the Foundation. The

members of the Foundation Committee are committed to a number of activities:n Advancing the date of the Foundation’s annual request

for contributions so that members had more time to include the Foundation in their tax planning;

n Enhancing the Foundation’s presence on the FDCC website;

n Developing a program that accesses law firm and corporate charitable giving, including any employer matches;

n Undertaking a silent auction which will be held at the 2012 Winter Meeting in Arizona;

n Developing a plan to endow the Foundation at a level that will ensure that it can continue to provide the level of service desired by its members; and

n Surveying Foundation members to ensure that the Foundation is meeting their needs.

If you are interested in being on the Foundation Com-mittee, contact Bill Tooms or me. The Foundation presented a Federation Forum held at the Williamsburg meeting this past summer. Dr. Terry Price, from the University of Richmond, led an interactive program entitled “The Lost Colony of Professionalism.” The Foundation Board also approved Federation Forums to be presented during the 2012. For the March 2012 meeting, the Foundation will sponsor Eric Oliver who will participate in the Trial Masters program focusing on defending a large damage case and at the Annual Meeting in July of 2012, the Foundation will sponsor a forum presented by Afterburner, which offers a full session on performance and leadership in the civil litigation arena. In addition, the Foundation, working with the Federation and its leadership, have commenced an arrangement with the Colonial Williamsburg Foundation to assist in the educa-

tion of young people regarding the duties and obligations of American citizenship. Obviously, this joint initiative is in its infancy, but hopefully will come to fruition, first in the form of pilot programs then as a national effort. Anyone interested in participating can contact Alan Brown, Bill Roedder, or me. Elections were held at the 2011 Annual Meeting. The Board accepted Sue Popik’s resignation with regret because of a change in her status. A letter of appreciation was sent to her signed by the members of the Board. Alan Brown was elected to fill the vacancy left by Sue Popik’s resignation and Janet Brown was elected to fill Alan Brown’s unexpired term. Information with respect to current Board members can be found by visiting www.thefederation.org. The 2011 Annual FDCC Foundation Report and an in-vitation to provide a tax deductible financial commitment to the Foundation will be sent out in November of 2011. Many of you made a financial contribution and several of you be-came a Foundation Fellow either at the basic level or at one of our newly-created advanced levels of participation. For details about the Fellows program, please feel free to contact Alan Brown, Bill Roedder, or me. Members may also make memorial contributions or con-tributions in honor of someone for the reason specified by the donor. Moreover, contributions can take the form of stock and other securities or real estate, or you can name the Foundation as a beneficiary of your retirement plan, life insurance policy, or make a gift through a living trust or by will. If you have any stock that has appreciated over time (yes, there are still some stocks like that out there), this is a great way to avoid capital gains taxes and take credit for the full value of your stock as of the date it is transferred to the Foundation. The Foundation continues to be appreciative of those members who have provided financial support. We hope that you are benefitting from the programs and initiatives spon-sored by the Foundation and that it will have your continued support in the future.

1 The purpose of the Foundation is to promote civil justice by improving the functioning of the civil justice system, fostering the continuing education of lawyers in the defense of civil litigation, and sponsoring programs, projects, and other endeavors that enhance the quality of legal practice and services in that area of the law. In furtherance of this purpose, the Foundation makes a number of grants each year, primarily to sponsor the Federation Foundation Forums presented at annual conventions, and to support selected FDCC initiatives.

John R. Woodard, IIIFoundation President

rePort oF the President oF the FdCC Foundation

John R. Woodard, IIIPresident, FDCC Foundation


http://www.TheFederation.org

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lcJ newsBarry BaumanLCJ Executive Director

Upcoming lcJ Membership Meeting in December

LCJ President Gino Marchetti will host an outstand-ing membership meeting scheduled for December 1-2 in New York City. The program will feature former Califor-nia Governor Pete Wilson along with a General Counsel’s Roundtable featuring Bank of America GC Ed O’Keefe and Boston Scientific GC Tim Pratt. The membership meeting will include various strategy sessions on federal and state leg-islative and rule making initiatives as well as an abundance of social activities including, Broadway Shows and a Pre-The-ater Dinner reception. Those members and corporate guests wishing to attend should contact LCJ Barry Bauman at [email protected].

lcJ Advances FRcP initiative through Advocacy and scholarship

The passage of Labor Day weekend marked the start of an exciting time for Lawyers for Civil Justice as its members played a critical role in two major events – The eDiscovery Institute’s 2011 Legal Technology Leadership Summit in Amelia Island, Florida and the Civil Rules Advisory Com-mittee’s FRCP Mini-conference on Preservation in Dallas, Texas. Both the Summit, and the Mini-conference featured LCJ members who volunteered to advance the defense per-spective on critical issues pertaining to e-discovery and to underscore LCJ’s initiative to reshape the Federal Rules of Civil Procedure. The EDI Summit, which was held on September 6th-8th, featured an LCJ panel presentation on the costs and burdens of preserving electronically stored information. This panel event served as an excellent opportunity to gather information from some of the nation’s experts on electronic discovery using in-teractive polling technology. Participants included Robert D. Owen, a partner in Sutherland Asbill & Brennan’s NYC office, who acted as moderator for LCJ members, and panelists Robert L. Levy, Counsel at Exxon Mobil; Tim Crouthamel, Associ-ate General Counsel, State Farm Insurance; John W. O’Tuel III, Assistant General Counsel, GlaxoSmithKline; Jon Palmer, Senior Counsel, Microsoft; and Alfred W. Cortese, counsel to LCJ. The information LCJ gathered from representatives at-tending the EDI summit proved valuable to federal rule makers at the Federal Rules Committee’s Preservation Mini Conference, which took place in Dallas on September 9th, immediately after the EDI Summit itself. After the Advisory

Committee on Civil Rules announced that it would host a “mini-conference” to discuss potential amendments to the Federal Rules of Civil Procedure that could change the way preservation and sanction issues are handled throughout the federal court system, LCJ took action to ensure that its posi-tion is well known by key judges on the Committee. Several LCJ members worked with LCJ’s FRCP Committee co-chair, Robert Levy (Exxon Mobil), to testify at the mini-conference and to bolster the formal comments submitted by LCJ in weeks prior to the Committee. The Mini-conference was led by the Discovery Subcommittee – a committee appointed by the Advisory Committee. The Dallas Mini-conference was part of a seven step process that could ultimately lead to new rule amendments affecting all litigators and the organizations they represent. Any new rule proposals developed by the subcommittee at the Mini-conference could be considered by the Advisory Committee as early as this November, when it meets in Washington D.C. The proposals, in one form or another, could ultimately be-come law with the approval of both the U.S. Supreme Court and Congress in 2013. A key focus of the Mini-conference was to investigate whether or not new preservation or sanctions amendments are necessary. LCJ forcefully advocated that the Rules should be amended to permit spoliation sanctions only where willful conduct was carried out for the purpose of depriving another party of the use of the destroyed evidence and the destruction results in actual prejudice to the other party. In its two most recent formal comments submitted to the Advisory Committee on Civil Rules, LCJ has said that the Federal Rules can and must be amended to include clear standards for preservation of information even prior to commencement of litigation in order to counteract the trend toward sanctions for negligent preservation. LCJ has long advocated for the clarification and improvement of e-discovery standards and recently submitted two official comments on the topic to the Civil Rules Advi-sory Committee – Preservation – Moving the Paradigm and Preservation – Moving the Paradigm to Rule Text. And more recently, LCJ submitted the comment titled “A Prescription for Stronger Medicine: The Danger of Tinkering Change and the Need for Meaningful Action” to the Civil Rules Advisory. These events follow a series of actions taken by LCJ to ad-vance specific amendments including the development of the 2010 LCJ White Paper Reshaping the Rules of Civil Procedure for the 21st Century which was supported by the broader defense bar including the FDCC. The positions advocated include:


mailto:[email protected]

http://www.lawinstitute.org/

http://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure

http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/RulemakingProcess.aspx

http://lfcj.digidoq.com/BLAP/Federal%20Rules%20of%20Civil%20Procedure%5COfficialComments/FRCP%20Preservation%20LCJ%20Comment%20Final%20111011.pdf

http://www.lfcj.digidoq.com/BLAP/FRCP%202011/FRCP%20Preservation%20Rule%20Comment%20Corrected%20040311.pdf

http://lfcj.digidoq.com/BLAP/A/FRCP%20Discovery%20Sanctions%20Tort%20Comment%20081811.pdf



http://lfcj.digidoq.com/BLAP/Federal%20Rules%20of%20Civil%20Procedure/FRCP%20Wt%20Ppr%20FINAL%20CLEAN%20050210%20corrrected.pdf

http://lfcj.digidoq.com/BLAP/Federal%20Rules%20of%20Civil%20Procedure/FRCP%20Wt%20Ppr%20FINAL%20CLEAN%20050210%20corrrected.pdf

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1. Rule 26 should be amended to narrow the scope of dis-covery to “any non-privileged matter that would sup-port proof of a claim or defense” subject to a “propor-tionality assessment” as required by Rule 26(b)(2)(C).

2. Rule 26(b)(2)(B) should be amended to specifically identify categories, types or sources of electronically stored information that are presumptively exempted from discovery absent a showing of “substantial need and good cause” which, in turn, could be used to in-form determinations of what constitutes “not reason-ably accessible data” where the rule does not specifically address a particular type or category of electronically stored information.

3. The so called “proportionality rule”, Rule 26(b)(2)(C), should be amended to explicitly include its requirements to limit the scope of discovery.

4. Rule 34 should be amended to limit the number of re-quests for production, absent stipulation of the parties or court order, to no more than 25, covering a time pe-riod of no more than two years prior to the date of the complaint, and limited to no more than 10 custodians.

These amendments would significantly improve the dis-covery process, making it more fair and efficient.

sTATe e-Discovery initiative launched in July LCJ has launched its State E-discovery Initiative, which will serve to identify opportunities and initiate rulemaking action to minimize the costs and burdens associated with the preservation, production, and discovery of electronic informa-tion in the states. Former DRI President Marc Williams, of Nelson Mullins’ West Virginia office, and Cathy DeGenova Carter, of State Farm Insurance, will act as co-chairs of the program, targeting and prioritizing state action that is na-tional in scope and that is closely coordinated with ongoing LCJ work on federal e-discovery and preservation procedural rules. The program will also have the support of Kathy Blaner, whom LCJ has retained on a part time basis to coordinate and augment volunteer support from its state network. To help ensure success in minimizing e-discovery costs and burdens for defendant corporations, LCJ will implement this program in three phases: (1) Information Collection - the development, circulation, and tabulation of a nationwide sur-vey of defense lawyers to identify potential rule making and legislative needs and opportunities in each state; (2) Evalua-tion - the analysis of survey results, establishment of priorities and the identification of attorneys (both in house and outside counsel) who could be instrumental in developing a specific action plan for key states; and (3) Action – the enlistment of lawyers into action teams that will advocate enactment of favorable rules in top priority states. The State E-discovery Program is a natural outgrowth of earlier comprehensive programs to enact favorable civil

lcJ neWs

justice reform rules and laws in several states and a primary focus will be on key states already identified in earlier proj-ects. With these past projects as resources and bases for ac-tion, LCJ aims to successfully drive the adoption and passage of rules and legislation that improve e-discovery at the state level.

lcJ corporate Membership Drive Underway LCJ President-Elect Wayne Mason, along with a committee comprised of Rick Richardson (GSK), Mike Harrington (Eli Lilly), and Bruce Parker (Venable), are conducting a spirited drive for new members for LCJ. If you know of a corpora-tion or firm that would make a good member of LCJ, please contact Wayne or Barry Bauman ([email protected]) or call the LCJ office at 202-429-0045.

2011

FdCC Calendar oF events

November 16-18, 2011insurance industry institute

New York Athletic Club • New York, NY

2012 March 3-10, 2012

FDcc Winter MeetingWaldorf Astoria Arizona Biltmore • Phoenix, AZ

June 10-14, 2012litigation Management college

Emory University • Atlanta, GA

July 28-August 4, 2012FDcc Annual Meeting

The Fairmont Chateau Whistler • British Columbia, Canada

September 11-12, 2012P&o Meeting

Philadelphia, PA

September 12-14, 2012corporate counsel symposium

Four Seasons • Philadelphia, PA



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The eighteenth annual Litigation Management College and the ninth annual Graduate Program of the Litiga-

tion Management College are scheduled for June 10-14, 2012 at Emory University Conference Center in Atlanta, Georgia. Our annual goal for enrollment is 75-100 students for the College and 25 students for the Graduate Program. The FDCC looks forward to continuing to provide claims professionals a sophisticated level of training offered by ex-perts in negotiation, evaluation, and litigation. The Litigation Management College has earned an international reputation as the premier advanced litigation training course for claims professionals. Uti-lizing a new fact pattern, the College offers an intensive four-day experi-ence of workshops, based on a case study and participatory interactive educational experiences. The curriculum is fast-paced and cutting-edge with a practical approach to litigation management. The program provides a unique opportunity for claims professionals to explore, study, and discuss issues of current interest. The College is sponsored by the FDCC as a service to claims professionals, third-party administrators, and self-in-sured corporate litigation managers working in the insurance industry or in corporate law and claim departments handling litigation matters. The College is designed for claim and liti-gation management professionals with five to fifteen years claims or litigation management experience. The Graduate Program consists of an intensive 32-hour classroom and workshop curriculum intended to expand the litigation management, evaluation, and negotiation skills learned in the College. It builds upon the solid foundation provided by the College to further refine the students’ understanding of advanced insurance coverage issues, strategic litigation tac-tics, and alternatives for resolution of disputes on favorable terms. It allows students to gain additional experience and participation in application of their skills in a cost effective manner with any type of litigation challenge that may arise in their workloads. Students have included representatives from Acadia In-surance, Zurich North America, Harleysville Insurance, EMC Insurance, Axis Insurance, Meadowbrook Insurance Group, Dollar General Stores, Liberty Mutual Insurance, Hanover Insurance, Hartford Insurance, Mountain States Insurance, Dean Foods Company, Infinity Insurance, AIG, RSUI, Gen-eral Star, Akzo Nobel, NGM Insurance, Guilford Specialty, IMT Insurance, and Mitsui Sumitomo Insurance.

2012 litigation ManageMent College and graduate PrograM

Every year, both the LMC and Graduate Programs re-ceive rave reviews from students. “Excellent, intensive, hands on/real practice exercises with high potential for mental re-tention.” “The faculty is so knowledgeable and very willing to take the time to answer questions and assist in any way they can.” “Great group of speakers.” “This was the best seminar I have attended in 15 years.” The faculty of the College and the Graduate Program consists of numerous prominent attorneys and insurance in-

dustry executives, all of whom are members of the FDCC, and many of whom have devoted years of ser-vice in educating class after class of students. The College also provides training from outside experts as a part of the experience. These include:

n Audrey nelson, Ph.D. of nelson communications in Boulder, Colorado, an internationally recognized trainer, keynote speaker, and consultant specializing in gender communication, conflict management and deal-ing with difficult people, and communication skills;

n John Patrick Dolan, esquire, a well-known attorney who is also a professional speaker on the classic prin-ciples of effective negotiation; and

n The jury consulting firm of Tsongas litigation con-sulting uses its experience, methodology, audiovisual technology, and expert knowledge of communication to assist with witness preparation (including the claims professional) and provides insight into the use of mock juries.

We believe the students attending the 2012 Litigation Management College and Graduate Program will have an excellent experience and take home skills which they can utilize in their everyday job performance. A full description of the College and Graduate Program, as well as applications which can be downloaded, may be found on the FDCC web-site, www.thefederation.org.

—Greg Witke — Dean, Litigation Management College —Scott Kreamer — Dean of Curriculum, Litigation Management College —Susan Harwood — Dean, Graduate Program


http://www.thefederation.org

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The FDCC Group Personal Excess Liability policy renewed September 1, 2011. This member benefit enables you to

purchase high limits of Personal Excess Liability Coverage with significant premium savings. Commonly referred to as an “Umbrella” policy, Group Personal Excess Liability provides additional protection over the primary liability insurance for your homes, automobiles, watercraft, and recreational vehicles. Unlike individual Excess Liability policies, there is no under-writing and the premiumsremain flat no matter how manyhomes, automobiles, etc. you own. If you missed the September 1st coverage deadline, you can still par-ticipate! You will be charged a pro-rated premium and your coverage effective date is November 1, 2011. In an effort to make the enrollment process easy and efficient, Frank Crystal & Co has developed an on-line enrollment platform that provides:

n Easy point-of-sale credit card payment

n Instant certificate issuance n Policy information readily available on-linen A step-by-step guide through the entire enrollment process.

To help you determine the liability limit that is most ap-propriate for you, Frank Crystal & Co developed an exclu-sive tool to identify your risks, exposures, and lifestyle. This tool can be found at www.whatsmyliability.com and is also imbedded in the on-line enrollment website. Two e-mail announcements were sent to you the week of August 8th, the first informing you of the policy renewal and the new enrollment platform. The second e-mail from [email protected] provided you with a user name and temporary password. Upon creating your account, you can review the information and enroll.

We urge you to participate in this program; it will only take a few minutes to enroll. More im-portantly, you will have an additional layer of as-

set protection in the event you are named in a serious law suit.

If you have any questions please contact:

Ken Gamble 212-504-5873 [email protected] Greg Gamble

212-504-5838 [email protected]

Mark Stewart 415-946-7505 [email protected]

insuranCe UPDATe

federation’s forumThe Federation, in its constant search to improve its website, will be rolling out a blog soon entitled “Federation’s Forum.” The blog will contain practice pointers, discussions of legal trends, and case law and statutory updates. For the uninitiated among you, blogs (or “blawgs,” as legal blogs are called) are a forum to provide up-to-date and regular informa-tion to readers and provide a forum for the exchange and discussion of ideas and issues.

We hope to provide regular and frequent content to our members and create a forum where we can comment and exchange ideas about legal issues that affect us and our clients

We want this to be a collective experience, and encourage you to contribute. If you already have a legal blog or would like to contribute to ours, please contact David Fuqua at [email protected], Frank Ramos at [email protected], or Scott Kreamer at [email protected].


http://www.whatsmyliability.com





[email protected]

[email protected]

[email protected]

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We are pleased to be returning to a Federation favorite, The Fairmont Chateau Whistler, in gorgeous Whistler,

British Columbia, for our 2012 Annual Meeting. Fly into Van-couver and take the Mountaineer train to Whistler or drive on the aptly named “Sea to Sky Highway”, a beautiful, two hour drive. If driving, there are opportunities to stop along the way and hike in a very short distance to some lovely wa-terfalls. You’ll soon recognize you are somewhere very special, surrounded by the Canadian Rockies and a series of beauti-ful blue lakes. Experience black bears, glaciers, and the vast coastal hemlock-cedar forests of Whistler Blackcomb as we take a week to focus on sustainability in its many forms. We will learn more about sustaining ourselves and our practices as well as the environment and history of British Columbia. For those of you bringing your families, it will be a vacation you and they will remember and cherish. The Fairmont Chateau Whistler is a magnificent property with plenty of rooms to allow all of us to be in one location. Since our last visit there in 1999, it has had a top-to-bottom restoration and is lovelier than ever. Located at an elevation of only 2200 feet, average temperature in late July and early August is 80° daytime with cool evenings In the area, you can go fishing, river rafting, horseback riding, mountain bik-ing through the hills or down the ski runs, and zip-lining through the forests. The Fairmont’s golf course is a world-renowned, 18 hole, par 72 course designed by Robert Trent Jones, Jr. which has over 400 feet of elevation changes. You can visit the venues of the 2010 Winter Olympics, and even experience first hand the luge runs. New since our last visit is the Peak 2 Peak Gondola for moving between Whistler and Blackcomb mountains at the top. It holds records for the highest and longest unsupported cable car span in the world. Somewhat less physically challenging, but nonetheless lots of fun, we will have nature and bird watching hikes guided

AnnUAl MeeTinG–2012

Vicki RobertsConvention Chair

by local experts, a local garden tour, and our more traditional bridge and knitting events. For our culinary devotees, we have planned cooking classes by the Fairmont chefs, wine tasting opportunities to take advantage of the local British Columbia vineyards, as well as beer and chocolate tasting opportunities. Social events will take advantage of our beautiful sur-roundings, beginning with cocktail parties at the hotel early in the week. The President’s Reception, honoring Mike & Jan Neil, will take place at 6070 feet at the Roundhouse atop Whistler Mountain, where you will arrive after a spectacular gondola ride. Our theme party will also take advantage of our fabulous location by allowing members and families alike to enjoy and learn at the Squamish Lil’wat Cultural Centre, the first ever center dedicated to the history and culture of local First Nations. Built to preserve their culture and share it with others, the building is designed to evoke the longhouses of the Squamish people and the traditional earthen pit houses of the Lil’wat people with a modern architectural interpretation. It is filled with hands on activities and live demonstrations of arts and culture. The dine-around evening will present you with the won-derful problem of too many choices as the Whistler Village and local area abounds with many fine restaurants. The des-sert party will feature a surprise, so don’t miss it! And we haven’t forgotten the Federation kids and teens who will have their own very special events in the evenings, including a scavenger hunt through Whistler and a games night enjoying many of the age-appropriate Olympic venues. Our final “Enchanted Forest” Gala at the Fairmont will be an elegant, non-black tie dinner dance. Please plan now for a trip the whole family will remember forever.

FdCC 2012 annual Meetingsaturday, July 28 – saturday, august 4, 2012the FairMont Chateau Whistler

Whistler, b.C., Canada

“sustaining our PraCtiCes, our lives, and our environMent”


http://en.wikipedia.org/wiki/Peak_2_Peak_Gondola

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2012 AnnUAl MeeTinG

2012

- 20

16

WinTeR 2012saturday, March 3 – saturday, March 10, 2012Waldorf Astoria Arizona Biltmore – Phoenix, Arizona

AnnUAl 2012Saturday, July 28 – Saturday, August 4, 2012The Fairmont Chateau Whistler – Whistler, British Columbia

WinTeR 2013saturday, March 2 – saturday, March 9, 2013The Westin La Cantera Resort – San Antonio, Texas

AnnUAl 2013Sunday, July 28 – Sunday, August 4, 2013The Broadmoor – Colorado Springs, Colorado

WINTER 2014Saturday, March 1 – Saturday, March 8, 2014 Marco Island Marriott – Marco Island, Florida

ANNUAL 2014Saturday, July 26 – Saturday, August 2, 2014Silverado Resort – Napa, California

WinTeR 2015saturday, February 28 – saturday, March 7, 2015Waldorf Astoria El Conquistador – Fajardo, Puerto Rico

AnnUAl 2015saturday, July 25 – saturday, August 1, 2015Fairmont Banff Springs Hotel – Banff, Alberta

WinTeR 2016sunday, February 28 – sunday, March 6, 2016Hotel del Coronado – San Diego, CA

AnnUAl 2016saturday, July 23 – saturday, July 30, 2016Fairmont Le Manoir Richelieu – Charlevoix, Quebec

FUTUReMeeTinGs


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Katie MalinichManager of Marketing Operations

The 2011 DRI Annual Meeting will be held this year in Washington, D.C. at the beautiful Marriott Wardman Park and is sure to be an event that you are not going to want to miss. This year’s exciting line-up of must-see blockbuster speakers will feature presentations from a sitting Supreme Court Justice and a Former U.S. President. The 2011 An-nual Meeting brochure is available for download on the DRi website. Be sure to visit www.dri.org for complete details. In other news, DRI will head back to festive New York City this winter offering dual CLE programming at the Insurance Coverage and Practice Symposium and Profes-sional Liability Seminar, both taking place December 15 – 16, 2011 at the Sheraton New York Hotel & Towers. DRI’s insurance coverage and Practice symposium offers an unparalleled opportunity to hear from a distin-guished faculty of lawyers, insurance industry leaders and judges on emerging issues, recent court rulings, and na-tional claims trends, as well as practical advice for both the first- and third-party practitioner and claims professional. This program will help you sharpen the tools you need to litigate and navigate a wide range of insurance cover-age claims and issues successfully, while networking with senior claims executives, industry leaders and experienced coverage lawyers from across the country. DRI’s first Professional liability seminar in more than 10 years seeks to become the preeminent seminar addressing the broad swath of professional liability claims. Recognizing that professional liability claims include those against lawyers and accountants, as well as those against information technology specialists and real estate apprais-ers, DRI has brought together some of the industry’s most recognized and respected leaders to discuss the effective defense of all professionals. What is more, you will experience both of these great programs in the midst of New York City, fully decked out for the holiday season! visit the DRi website for complete registration details. New for Corporate Counsel! In-house counsel are now eligible for free registration to DRI seminars. In-house counsel are defined as licensed attorneys, who are employed

exclusively by a corporation or other private sector organi-zation, for the purpose of providing legal representation and counsel only to that corporation, its affiliates, and subsidiaries. In order to qualify for free registration, the individual must also be a DRI member and a member of DRI’s Corporate Counsel Committee. Offer excludes DRI Annual Meeting. Questions? Contact DRI’s Customer Service Department at 312.795.1101. DRI’s Bookstore is pleased to announce two new addi-tions to our Defense Library Series – The Class Action Com-pendium (2011) and The Daubert Compendium (2011). The Class Action Compendium is a new comprehensive guide de-signed to provide civil defense lawyers and corporate counsel with an understanding of the intricacies of class action prac-tice and how class action rules differ from state to state. Also included is a chapter on Canadian class action jurisprudence. The compendium includes in-depth analyses of a number of critical areas, including:

n what kinds of class actions are permitted and how each state treats federal class action jurisprudence

n who can bring a class action n enforcement of arbitration clauses n challenging pleadings based on jurisdiction and venue n certification procedure and criterian notice requirements

The compendium addresses special considerations with respect to consumer fraud class actions, pre- and post-certi-fication communications with class members, and settlement and post-trial issues. It also includes a first-look analysis of the Supreme Court’s three major class action opinions: Wal-Mart v. Dukes, Smith v. Bayer, and AT&T Mobility v. Con-cepcion. The Daubert Compendium (2011) is an updated ver-sion of our bestselling 2006 edition and is an indispensable resource for any defense trial attorney or in-house counsel who deals with expert testimony. The compendium highlights the opinions of the United States Supreme Court and federal district and appellate courts that have discussed Daubert on a substantive basis. (See DRi Next Page)


http://www.dri.org/open/event_brochures/2011AM.pdf

http://www.dri.org

http://www.dri.org/open/event_brochures/20110140.pdf

http://www.dri.org/open/event_brochures/20110255.pdf

http://www.dri.org/open/SeminarListing.aspx

http://www.dri.org/open/SeminarListing.aspx

http://www.dri.org/open/Product.aspx?prod=2011-03CD






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Written by leading defense attorneys, the compendium includes:n case citations, factual summaries and key language, and

covers critical components of expert testimony admissibil-ity, including peer review and publication considerations

n the impact of known and potential error ratesn concept testingn acceptance by the scientific communityn independence of research from litigationn unjustifiable extrapolationn alternative explanationsn and much, much more

Discover all the resources DRI has to offer to build your practice at www.dri.org!

WelcoMeneW MeMbers

coRPoRATe coUnsel nori sue FeyBayada Nurses, Inc., West Deptford, NJ Sponsors: Robert J. Marino; Richard A. TraubWilliam D. GarciaLiberty Mutual Group, Seattle, WASponsors: Joyce Wang; Michael RunyanJason B. nimmerThyssenkrupp Steel USA, LLC, Calvert, AL Sponsors: Helen J. Alford; Benjamin Rowe

DeFense coUnsel Thomas e. BazemoreHuie, Fernambucq & Stewart LLP, Birmingham, AL Sponsors: Andrew B. Cooke; M. Keith GannPatrick R. BeckettButler Snow O’Mara Stevens & Cannada, PLLC, Ridgeland, MS Sponsors: Heidi G. Goebel; J. Carter Thompson, Jr.Troy n. BellEzkovich & Co., LLC, New Orleans, LA Sponsors: Marcus V. Brown; Benjamin R. Slater, IIIR. Matthew cairnsGallagher, Callahan & Gartrell, Concord, NH Sponsors: F. Thomas Cordell; Edward M. KaplanTerry M. cosgroveFisher Kanaris, P.C., Chicago, IL Sponsors: Wayne B. Mason; David A. Steiger

D. Jay Davis, Jr.Young, Clement, Rivers, LLP, Charleston, SC Sponsors: John S. Wilkerson, III; Gray T. CulbreathJohn J. Delany, iiiDelany & O’Brien, Woodbury, NJ Sponsors: David Governo; Elizabeth Lorellkevin G. FaleyMorris Duffy Alonso & Faley, New York, NY Sponsors: Kevin J. Kelly; Michael D. ShalhoubGary e. FriedmanPhelps Dunbar LLP, Jackson, MS Sponsors: Charles Tindall, III; Cooper Thurberchristopher A. HolecekWegman, Hessler & Vanderburg, Cleveland, OH Sponsors: Craig R. Nelson; Craig A. MarvinneyMark R. PharrGalloway, Johnson, Tompkins, Burr & Smith, Lafayette, LA Sponsors: Robert Dampf; Reid ManleyMary T. PorterFunk & Bolton, Baltimore, MD Sponsors: Victoria H. Roberts; Linda WoolfRichard l. RighiRighi Hernandez, Phoenix, AZ Sponsors: C. Richard Fulmer; Donald L. Myles, Jr.eric A. schneiderAnderson, McPharlin & Conners LLP, Los Angeles, CA Sponsors: Michael C. Phillips; Donna MelbyDavid J. varrialeKaufman, Borgeest, & Ryan, LLP, Valhalla, NY Sponsors: Jeffrey Worthe; James A. Gallagher, Jr.Dennis M. WadeWade Clark Mulcahy, New York, NY Sponsors: Andy Downs; Leo W. Fraser

DeFense coUnsel/inTl.Jade A. spaldingCox & Palmer, Fredericton, New Brunswick, Sponsors: Douglas A.M. Evans, Q.C.

inDUsTRyGary D. stephenPure Insurance, White Plains, NYSponsors: Janet Brown; Dan Kohane

(DRI Continued from Page 32)


www.dri.org

11812 North 56th StreetTampa, FL 33617

FEDERATION OF DEFENSE& CORPORATE COUNSEL

Send your comments regarding the Flyer to:

Gregory [email protected]

Officers and BOard Of directOrs | 2011 – 2012

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President

Michael i. neilNeil Dymott Frank McFall

& Trexler APLCSan Diego, CA

President-Elect

edward M. kaplanSulloway & Hollis, PLLC

Concord, NH

Secretary Treasurer

Timothy A. PrattBoston Scientific Corporation

Natick, MA

Board Chair

F. Thomas cordellFrailey, Chaffin, Cordell, Perryman,

Sterkel, McCalla & Brown LLPChickasha, OK

DiRecToRs (2010-2012) DiRecToRs (2011-2013)

steven e. FarrarSmith Moore Leatherwood

Greenville, SC

Deborah D. kuchlerKuchler Polk Schell Weiner

& Richeson LLCNew Orleans, LA

victoria H. RobertsMeadowbrook

Insurance GroupScottsdale, AZ

Debra T. varnerMcNeer Highland

McMunn & Varner LCClarksburg, WV

Helen J. AlfordAlford Clausen

& McDonald LLCMobile, AL

H. Mills GallivanGallivan White

& Boyd PAGreenville, SC

kenneth J. notaDryvit Systems Inc.West Warwick, RI

Gale WhiteWhite and Williams, LLP

Philadelphia, PA

vice PResiDenTs

Bruce D. celebrezzeSedgwick, Detert,

Moran & Arnold, LLPSan Francisco, CA

Walter DukesDukes Dukes Keating

Faneca PAGulfport, MS

susan B. HarwoodBoehm, Brown, Fischer,

Harwood, Kelly & Scheihing, PAOrlando, FL

J. scott kreamerBaker, Sterchi,

Cowden & Rice LLCKansas City, MO

elizabeth F. lorellGordon & Rees LLPFlorham Park, NJ

Howard M. Merten Partridge Snow & Hahn

Providence, RI

Donald l. Myles, Jr.Jones, Skelton & Hochuli

Phoenix, AZ

Michael R. nelsonNelson Levine de Luca

& Horst, LLCBlue Bell, PA

W. Michael scottBeine Maynard &

Parsons, LLPHouston, TX

Executive Director

Martha J. streeperFDCC

Tampa, FL

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