CLE AND CE ACCREDITATION

USLAW NETWORK will be offering national CLE credit for attorneys and CE credit for TX and FL adjusters (reciprocal with other states). All states are currently pending. We have partnered with CEU Institute as our CE/CLE provider to manage all credits: www.ceuinstitute.net. Should you have questions, please contact accreditation@ceuinstitute.net.

Construction Law Track

FRIDAY, MARCH 31, 2023

9:45 A.M. – 10:45 A.M. – Session 1

“What? My Text Messages Too?” – Managing the Increased Availability of Data in Construction Litigation
Gone are the days of paper in a project file cabinet. With e-mail, voicemail, instant messaging, texts, file sharing, nightly backups, digital photographs, video, and voice records, communication and documentation on construction projects has never been so robust yet so decentralized. This session will focus on managing the ever-increasing volume of data in construction litigation. The discussion will focus on best practices to collect and preserve electronic media across a variety of sources. The discussion will also address issues related to efficient processing, review and use of large amounts of data during litigation, including the duty of counsel to possess technological competence.

11:00 A.M. – 12:00 P.M. – Session 2

Risky Business – Design Related Risks in Construction
There is an ever-growing trend in the construction industry for contractors and subcontractors to take on more design responsibilities – construction management, design-build, design-assist, and delegated design. As these construction methods gain popularity for projects throughout the country, the contractors and subcontractors involved in these projects will take on additional risks. This session will discuss various construction methods, the increased design roles being undertaken by contractors and subcontractors, the resulting risks that should be considered and addressed, and insurance implications.

SATURDAY, APRIL 1, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Prefabrication – What Counsel Should Know
As technology and construction converge, prefabricated elements and modular solutions are on the rise. Many predict that a paradigm shift is near. This discussion will address the current status and predicted future of prefabricated construction. It will also survey the various legal and risk-shifting issues that arise when major elements are fabricated off-site and transported to the project. Topics will include design liability, labor issues, trade coordination, defect liability, and insurance concerns.

9:45 A.M. – 10:45 A.M. – Session 4

Show Me The Money – Calculating Damages for Delay Claims
A claim is only as good as the damages that can be shown. This session will address the methods and approaches to calculating damages in construction delay claims. Topics will include the role of the expert, the need for supporting documents, the categories of time- related costs, the effectiveness of total time and total cost calculations, the allocation of overheads, the interplay between project schedules and delay damages, and related issues.

11:00 A.M. – 12:00 P.M. – Session 5 – Joint Session with Insurance Law Track

Does It All Flow Down? – Additional Insured and Indemnity Limits
The ability to shift risk between contractors is becoming increasingly difficult in the construction industry. Additional insured endorsements have been evolving in response to the requirement for additional insured coverage in construction contracts. This session will address the effect of various anti-indemnity legislation, additional insured endorsements and policy exclusions, how these are changing in today’s market, and how courts interpret the issues.

Construction Law Leadership, Track Co-Chairs, and Session Facilitators

Diversity, Equity and Inclusion

FRIDAY, MARCH 31, 2023

9:45 A.M. – 10:45 A.M. – Session 1

How Companies Can Maintain DEI Momentum While Navigating and Avoiding Legal Risks
Diversity, equity and inclusion awareness in the workplace has made great strides, and at an accelerated pace over the past few years. Most businesses are becoming increasingly aware that there is value to be gained from a diverse workforce by implementing impactful initiatives and policies to promote diversity and inclusiveness. In some states, a few statutes affirmatively regulate how companies must conduct diversity, equity, and inclusion initiatives. However, most states prohibit certain practices by companies without articulating specific applications. This often causes conflicts that are not easily resolved, and in some instances may subject companies to legal risk.

11:00 A.M. – 12:00 P.M. – Session 2

Companies Are Demanding DEI Metric-Driven Results from Law Firms – What Can We Do Right Now? (Standing Still is Not an Option)
Law firms across the country are increasingly reevaluating their procedures and activities related to diversity, equity and inclusion as a direct result of receiving RFPs from clients and prospective clients demanding metric-driven data and various other benchmarks that not only reflect the composition of the firm, but also potential case assignments and other criteria. This session is an interactive discussion regarding what law firms, small to large, can do to best position themselves from a business perspective to respond to the needs of clients, including best practices that some of our firms have already implemented. The discussion will also include clients sharing their initiatives and growing need to account for DEI in professional services partners and what law firms can do to assist them.

Diversity Counsel Leadership, Track Co-Chairs, and Session Facilitators

Insurance Law

SATURDAY, APRIL 1, 2023

8:30 A.M. – 9:30 A.M. – Session 1

React Early And Often – Defending Under A Reservation Of Rights
This interactive session will discuss the urgency and importance of sharing information and will address roles and issues related to defending a lawsuit under a reservation of rights, including:  the ethical obligations of defense counsel; the insured’s right to control the defense; fees and reporting obligations of  independent counsel; obtaining a settlement valuation from defense counsel; and when it is advisable to split the file.

 9:45 A.M. – 10:45 A.M. – Session 2

Playing Nicely In The Sandbox – Issues Between Primary And Excess Carriers
Claims handling issues between a primary and excess carrier can be challenging, especially in a large loss. While there are often common interests between primary and excess carriers, the potential for conflict is always present. This session will discuss a variety of issues that can arise in this relationship, such as sharing documents regarding the defense and coverage, how to handle disagreements regarding defense and coverage strategy, evaluating and responding to settlement demands and exposure for trial, and privilege as to communications between primary and excess carriers.

 11:00 A.M. – 12:00 P.M. – Session 3 – Joint Session with Construction Law Track

Does It All Flow Down? – Additional Insured And Indemnity Limits
The ability to shift risk between contractors is becoming increasingly difficult in the construction industry. Additional insured endorsements have been evolving in response to the requirement for additional insured coverage in construction contracts. This session will address the effect of various anti-indemnity legislation, additional insured endorsements and policy exclusions, how these are changing in today’s market, and how courts interpret the issues.

Insurance Law Leadership, Track Co-Chairs, and Session Facilitators

RETAIL AND HOSPITALITY TRACK

FRIDAY, MARCH 31, 2023

9:45 A.M. – 9:55 A.M.

Preparation for Let’s Have a Scavenger Hunt
This is an introduction to the Session 5 scavenger hunt and distribution of colors to form teams that will work together to spot hospitality potential risks throughout the next 24 hours.

9:55 A.M. – 10:45 A.M. – Session 1

Protecting Your Company’s Representatives and Record Keepers:  Things to Know About Person Most Knowledgeable/30(b)(6) Depositions
They may not seem sexy, but corporate representatives/Rule 30 (b)(6) depositions can make or break a case. Corporate representatives who are not properly prepared to testify can put your liability defense at risk. This session will address what it takes to correctly identify and prepare corporate representatives for deposition and delve into nuanced tactics used by the Plaintiffs’ Bar that corporate representatives need to be aware of as they approach these depositions.

11:00 A.M. – 12:00 P.M. – Session 2

Starting Off Right With Spoilation Letters
Pre-suit or not, spoliation letters are a tool in almost every plaintiff lawyer’s toolbox and can have dynamic consequences. This interactive session will deconstruct best practices toward addressing preservation letters and flipping the script with the Plaintiffs Bar.

SATURDAY, APRIL 1, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Behind the Curtain From the Plaintiff Lawyer’s Perspective (What Do You Want To Know?) 
If you represent defendants in personal injury cases, it’s important for you to hear from those who get great results for the other side. In this session, you will hear from a high-caliber plaintiffs’ attorney and get to ask questions about the topics most important to you: Initial screening of a claim? Selecting experts? Conducting discovery? Case evaluation? Trial? Whatever the topic, this insight will offer a unique perspective.

9:45 A.M. – 10:45 A.M. – Session 4

A Candid Discussion About Independent, Internal Pre-Suit Investigations
There are universal issues—both from an investigative and work-product perspective—that companies must consider when conducting independent or internal investigations. This session addresses the who, what, when, and how for strategically performing pre-suit investigations, including tips for ensuring they are valuable and ways to apply privilege to your efforts.

11:00 A.M. – 12:00 P.M. – Session 5

Scavenger Hunt Debrief
Abraham Lincoln once said, “A lawyer’s time and advice are his stock in trade.” In this interactive session, attendees will have spent 24-hours preparing to share advice aplenty when teams face off to discuss practical thoughts, observations, and suggestions about the risks observed during our time in Miami Beach.

Retail and Hospitalty Leadership, Track Co-Chairs, and Session Facilitators

TRANSPORTATION AND LOGISTICS

FRIDAY, MARCH 31, 2023

9:45 A.M. – 10:45 A.M. – Session 1

How To Tell the Story of the Trucking Company and Its Driver
Plaintiff’s lawyers are very good telling not only the story of their client, but also crafting a story about our clients and drivers. This program is designed to be a thoughtful discussion of ways we as lawyers and clients can reclaim the narrative and tell an effective, holistic, and humanizing story of both our companies and drivers.

11:00 A.M. – 12:00 P.M. – Session 2

How To Combat Against Trucking Technology from Changing the Standard of Care
The use of technology in the trucking industry has made everyone safer, but there are increasing numbers of negligence claims being brought for not having your fleet equipped with the newest state of the art equipment. We will discuss best practices and emerging legal strategies to defeat these claims, while also preserving your company’s ability to demonstrate to a jury that it has implemented technology as part of its and the industry’s broader efforts to increase public safety.

SATURDAY, APRIL 1, 2023

8:30 A.M. – 9:30 A.M. – Session 3

How Do We Break the Litigation System in Order to Fix It? Tips for Engaging in and Compelling Tort Reform
With the cost of business skyrocketing due to large verdicts, increasing numbers of claims and rising insurance premiums, is trucking becoming like the medical malpractice crisis? With the size of verdicts coming out of certain geographic areas, are there places where the industry just should not go? We will discuss ideas and seek input from clients and attorneys about taking more aggressive measures to compel regulators and lawmakers to take action in recognition of the fact that the trucking industry is bearing more than its fair share of the burden of a broken system.

9:45 A.M. – 10:45 A.M. – Session 4

How To Keep Angry People Off Your Jury When Everyone Seems Angry
Research has shown that angry jurors are the ones that render large verdicts. We will discuss the changing landscape of who these jurors typically are and how to weed out jurors who may have an anti-trucking agenda and be pre-disposed to render a big verdict.

11:00 A.M. – 12:00 P.M. – Session 5

Open Mic- What’s On Your Mind?
This session is intended to be an open hot topics session to discuss what the participants are interested in. Suggestions include, re-sensitizing the public to damages in trucking cases; program for attorneys to try low-exposure cases; etc.

Transportation and Logistics Leadership, Track Co-Chairs, and Session Facilitators

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