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
FRIDAY, APRIL 19, 2024
Navigating Risk – Hot Insurance Topics in the Construction Industry
9:45 A.M. – 10:45 A.M. – Session 1 (Combined with Insurance Law Track)
The dynamic and risk-laden landscape of the construction industry demands a thorough understanding of the latest insurance trends. This session will explore insurance issues impacting construction, such as additional insured obligations, indemnity limitations, the ability to shift risk between contractors, where to draw the line between design professionals and the construction team, cybersecurity issues, underwriting, and more.
Facilitators
- Kim M. Jackson, Bovis Kyle Burch & Medlin, LLC (Atlanta, GA)
- Thomas A. Ped, Williams Kastner (Portland, OR)
- Kyle Weynand, MehaffyWeber (Houston, TX)
Analysis and Trends in Construction Project Delivery/Procurement Methods
11:00 A.M. – 12:00 P.M. – Session 2
Is it the traditional design-bid-build project delivery/procurement model helpful, or is it broken? This interactive session will dive into the significance of the various alternative project delivery/procurement methods such as construction manager agency, construction manager at-risk, and design-build and how they influence project outcomes, timelines, risk, and costs. One size does not fit all, so careful consideration to project-specific factors, organizational preferences, risk tolerance, and the desired level of collaboration are critical to successful outcomes.
Facilitators
SATURDAY, APRIL 20, 2024
Creative Resolution Strategies
8:30 A.M. – 9:30 A.M. – Session 3
Construction disputes often present complex challenges that require innovative approaches for resolution. We will discuss resolution options other than litigation in court that will likely reduce the time and cost to resolve the matter, including initial decision makers, dispute resolution boards, mediation, arbitration, and other creative alternatives.
Facilitators
- Ben M. Ochoa, Lewis Roca (Denver, CO)
- Louis J. Vogel, Sweeney & Sheehan, P.C. (Philadelphia, PA)
- Jason A. Webber, Rubin and Rudman LLP (Boston, MA)
Potholes, Pitfalls and Tips for Public Projects
9:45 A.M. – 10:45 A.M. – Session 4
Whether you routinely work on public projects or are navigating this space for the first time, working with bonding, DBE goals, financing, and liability issues such as the False Claims Act can be complicated. Learn how to navigate the seemingly complex public project roadmap so you can avoid potholes and pitfalls to minimize delay and maximize goals and profit on your important projects.
Facilitators
- Matthew C. Bouchard, Poyner Spruill LLP (Raleigh, NC)
- Joseph F. Moore, Hanson Bridgett LLP (San Francisco, CA)
Knock, Knock, It’s OSHA
11:00 A.M. – 12:00 P.M. – Session 5
Being prepared for an Occupational Safety and Health Administration (OSHA) inspection on construction sites is critical for ensuring compliance with safety regulations and minimizing potential penalties. But, is it that simple? This session will explore strategies for preparation and reactionary procedures that are critical to success.
Facilitators
INSURANCE LAW
FRIDAY, APRIL 19, 2024
Navigating Risk – Hot Insurance Topics in the Construction Industry
9:45 A.M. – 10:45 A.M. – Session 1 (Combined with Construction Law Track)
The dynamic and risk-laden landscape of the construction industry demands a thorough understanding of the latest insurance trends. This session will explore insurance issues impacting construction, such as additional insured obligations, indemnity limitations, the ability to shift risk between contractors, where to draw the line between design professionals and the construction team, cybersecurity issues, underwriting, and more.
Facilitators
- Kim M. Jackson, Bovis Kyle Burch & Medlin, LLC (Atlanta, GA)
- Thomas A. Ped, Williams Kastner (Portland, OR)
- Kyle Weynand, MehaffyWeber (Houston, TX)
SATURDAY, APRIL 20, 2024
Artificial Intelligence and Underwriting
8:30 A.M. – 9:30 A.M. – Session 3
Artificial intelligence (AI) enables the automation of routine and time-consuming underwriting tasks, including data entry, verification, and preliminary risk assessment, allowing underwriters to focus on more complex and strategic aspects of their work. However, while AI brings significant benefits to insurance underwriting, it also raises considerations related to data privacy, bias in algorithms, and ethical use of AI. As the industry continues to adopt AI technologies, it is crucial to address these challenges and ensure responsible and transparent AI applications in insurance underwriting.
Facilitators
Insurance Bad Faith
9:45 A.M. – 10:45 A.M. – Session 4
The insurance industry often suffers from criticism for slow processing, claim denials and more. But do insurers intentionally attempt to claw back on obligations to their clients? Do they refuse to pay a policyholder’s legitimate claim or process it within a reasonable period? Is it just about not meeting a customer’s expectations, or does it lead to bad faith insurance? We’ll discuss what this means for extra contractual exposure, how to advise on claims handling and the do’s and don’ts of working with attorneys through the process.
Facilitators
- Lisa Langevin, Kelly Santini LLP (Ottawa, Ontario, Canada)
- John C. Lennon, Pierce Couch Hendrickson Baysinger & Green, LLP (Oklahoma City, OK)
- Andrew B. McDaniel, Strong & Hanni, PC (Salt Lake City, UT)
Best Practices to Select and Prepare the Corporate Witness
11:00 A.M. – 12:00 P.M. – Session 5
This session will focus on Rule 30(b)(6) depositions and how to select and prepare the ideal Rule 30(b)(6) witness. Corporate representatives who are not properly prepared to testify can put your liability defense at risk. This session will discuss the key traits in selecting a witness, whether you select one or more, and whether choosing mid-level or senior-level managers matters. We will also address the effect of considering current or former employees and more.
Facilitators
RETAIL AND HOSPITALITY LAW
FRIDAY, APRIL 19, 2024
Cybersecurity – To Pay Or Not To Pay
9:45 A.M. – 10:45 A.M. – Session 1
Cybersecurity threats are changing daily. Do you or should you have a ransomware readiness plan? From big city hits like Vegas to smaller business interruptions, we’ll discuss lessons learned plus how you can proactively create a plan to address the many what-if situations. We’ll also address insurance options on the market where training and employee turnover can impact overall readiness.
Facilitators
- Karen P. Randall, Connell Foley LLP (Roseland, NJ)
- Christine Viggiano, Corporate Counsel-Litigation, Caesars Entertainment
- Candice Wendt, Kivu Consulting’s Incident Response
Big Brother Saves Nearly Everything – Cell Phone Data in Litigation
11:00 A.M. – 12:00 P.M. – Session 2
This interactive session will address some of the building blocks of smartphone evidence, including local data and cloud data, traditional social media (Facebook, Instagram, etc.), fitness trackers and messaging applications from Slack to WhatsApp. How does all of this play into litigation strategies, what can be subpoenaed, and how do you investigate, mine and preserve the data? We will address discovery, preservation and key strategies in using data at trial.
Facilitators
- Jacqueline Bushwack, Rivkin Radler LLP (Uniondale, NY)
- Ryan C. Holt, Sweeny, Wingate & Barrow, P.A. (Columbia, SC)
- Virginia A. Murphy, Manager-Risk & Insurance Litigation, Energy Transfer LP/Sunoco LP
- Kristin A. VanOrman, Strong & Hanni, PC (Salt Lake City, UT)
SATURDAY, APRIL 20, 2024
Damned If You Do/Damned If You Don’t: The Seeming Inevitability of Bad Outcomes When Trying to Address Problems in the Evermore Litigious World of Retail
8:30 A.M. – 9:30 A.M. – Session 3
Ever feel like claims are trending upwards no matter what you do, or even like efforts to limit claims in the retail space are having a paradoxical effect? You are not alone, and you are not imagining things. Claims and lawsuits are up nationwide, demands are increasingly bigger and they are coming more quickly, and companies in the retail space are often paying these outsized demands as an alternative to expensive, protracted litigation and the trend of upward-rising verdicts too. But all hope is not lost! This session will focus first on identifying and acknowledging the issue, and hearing from clients about what this issue and these trends looks like in each’s corner of the retail or hospitality space, and then hearing from counsel regarding creative and effective tools and strategies to try to stay above the fray.
Facilitators
- Maryalyce Cox, MehaffyWeber (Houston, TX)
- Nicholas P. Resetar, Roetzel & Andress (Cleveland, OH)
- Eddy Silverman, Williams Kastner (Seattle, WA)
- Anne Umberger, Nordstrom, Inc. (Seattle, WA)
Navigating Legal and Professional Boundaries in Witness Preparation
9:45 A.M. – 10:45 A.M. – Session 4
Ethical considerations play a pivotal role in ensuring the confidentiality and privilege of attorney-client communications during witness preparation. How do you walk the tight rope of distinguishing between permissible witness preparation and impermissible witness coaching ? What and when are you obligated to disclose claim information?
Facilitators
- Jennifer Cuculich, Jury Consultant, IMS Legal Strategies
- C. Dewayne Lonas, Moran Reeves & Conn, PC (Richmond, VA)
- Constantine “Dean” G. Nickas, Wicker Smith (Coral Gables, FL)
- Michael P. Sharp, Fee Smith & Sharp, L.L.P. (Dallas, TX)
Client Led Hot Topics
11:00 A.M. – 12:00 P.M. – Session 5
What keeps you up at night about your cases and risk management? You tell us and let us address some of your concerns.
Facilitators
- Lloyd Brown, Claims Manager, Wawa
- Hailey M. Hopper, Pierce Couch Hendrickson Baysinger & Green, L.L.P. (Oklahoma City, OK)
- Shaun Jackson, Executive Director, Panda Restaurant Group, Inc.
- Amanda Moore, EHS Program Manager, Advance Auto Parts, Inc.
- Thomas S. Thornton, III, Carr Allison (Birmingham, AL)
TRANSPORTATION AND LOGISTICS
FRIDAY, APRIL 19, 2024
The Defense Response to Dealing with Difficult Plaintiff Tactics
9:45 A.M. – 10:45 A.M. – Session 1
If you are plagued by time limited demands and excessive discovery requests, then this is the topic for you. Led by seasoned legal professionals, this session promises an interactive and informative discussion designed to enhance your litigation expertise and equip you with the tools necessary to navigate and effectively counter difficult plaintiff tactics.
Facilitators
- William M. Davis, Bovis Kyle Burch & Medlin, LLC (Atlanta, GA)
- Meghan Hvizdos, Vice President Commercial Auto Claims, ISC (Integrated Specialty Coverages, LLC)
- Michael P. Sharp, Fee, Smith & Sharp, L.L.P. (Dallas, TX)
Contract Law Meets Truck Accident Litigation
11:00 A.M. – 12:00 P.M. – Session 2
This session aims to dissect the complexities surrounding liabilities that emerge from contracts between carriers and brokers. From contractual obligations to mitigating risks, participants will gain comprehensive knowledge and practical strategies to navigate these critical aspects of the industry.
Facilitators
- Patrick E. Foppe, Lashly & Baer, P.C. (St. Louis, MO)
- Roland Lowell, General Counsel, Western Express, Inc.
- John F. Wilcox, Jr., Dysart Taylor (Kansas City, MO)
SATURDAY, APRIL 20, 2024
Developing a Swiss-Army Knife of Liability Expertise
8:30 A.M. – 9:30 A.M. – Session 3
Many cases turn on expert opinions. However, hiring professionals expertise beyond accident reconstruction can be crucial to the success of the defense strategy. Come engage in a discussion of when to hire these experts, which cases call for these additional experts, and the valuable information they can impart on a case.
Facilitators
- Tamara B. Goorevitz, Franklin & Prokopik, P.C. (Baltimore, MD)
- Earl W. Houston, II, Martin, Tate, Morrow & Marston, P.C. (Memphis, TN)
- Scott E. Ortiz, Williams, Porter, Day and Neville PC (Casper, WY)
Defending Companies Upstream from the Motor Carrier in Truck Accident Lawsuits
9:45 A.M. – 10:45 A.M. – Session 4
Engage in a discussion of the recent trend in suits seeking to extend trucking liability to our upstream partners. This session will include risk mitigation strategies to protect against potential legal and financial repercussions, as well as examples on how to combat these dangerous claims once suit has been initiated. Participants will gain invaluable insights into identifying, managing, and mitigating risks associated with upstream liabilities in trucking operations.
Facilitators
- Jeffrey Y. Choi, Snyder Burnett Egerer, LLP (Santa Barbara, CA)
- Peter T. DeMasters, Flaherty Sensabaugh Bonasso PLLC (Morgantown, WV)
Client Led Hot Topics
11:00 A.M. – 12:00 P.M. – Session 5
What keeps you up at night about your cases and risk management? You tell us and let us address some of your concerns.
Facilitators
- Rocky Coe, Director of Claims, McLane Company, Inc.
- John T. Pion, Pion, Nerone, Girman & Smith, P.C. (Pittsburgh, PA)