The world’s legal market is evolving dramatically. It has recently been said that we will see more changes in the way we, as lawyers, conduct business in the next 10 years than we have in the previous 200. Whether we are in-house or outside counsel, every part of the way we practice will be affected: the way we communicate with clients, who runs our firms, how our firms are structured, who can provide legal services and even whether there will be ever-increasing use of artificial intelligence to perform legal work. It is an exciting—yet unnerving—time. To navigate our way properly through the maze of changes, it is necessary for each of us in the legal profession to have a business partner that can keep us abreast of legal trends and connected to the world legal community. This is the only way to efficiently grow our businesses. The IADC is that partner. The IADC is committed to providing cutting-edge educational programs to its members and assisting each member with making connections to build business. For example, the IADC routinely seeks to identify those programs that are new, at times even revolutionary, in the arena of dispute resolution, like the recent “IADC Talks” series at our Midyear Meeting. While it can be challenging even to identify these programs, the IADC commits its resources to finding them to ensure its members are leading from the front and, most importantly, are competitive in the marketplace. The IADC also provides meaningful access to its offerings to lawyers all over the world (48 countries and counting) through educational meetings and Regional Meetings held EVERY YEAR on FIVE continents. And, to top it off, the IADC provides a platform for relationships—true meaningful personal relations—with people from a variety of backgrounds and perspectives. This is a significant enhancement to our personal lives. If you take advantage of these and other membership benefits, the IADC can play a significant role in making you a better 21st Century Lawyer. So relax and enjoy this exciting time. And make the IADC a true partner for you and your practice.
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John T. Lay, Jr. IADC President
2017 | Issue 2
President's Message
www.iadclaw.org
2014 | Issue 4
Secretary-Treasurer Leta E. Gorman Portland, Oregon USA Treasurer-Elect Archibald T. Reeves, IV Mobile, Alabama USA Board Members - Class of 2017 Jeptha F. Barbour Jacksonville, Florida USA Eve B. Masinter New Orleans, Louisiana USA Craig A. Thompson Baltimore, Maryland USA Board Members - Class of 2018 Amy Sherry Fischer Oklahoma City, Oklahoma USA
2017 Annual Meeting
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Information on Upcoming Elections
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45th Annual Trial Academy
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Corporate Counsel College
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Professional Liability Roundtable
Regional Meeting Recaps
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2017 Midyear Meeting Recap
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Legal Writing Contest
New Members
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IADC Successes
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IADC In The News
Resources
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Defense Counsel Journal Now Online
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In Their Own Words
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S. Gordon McKee Toronto, Ontario Canada David J. Rosenberg Pittsburgh, Pennsylvania USA Board Members - Class of 2019 Andrew S. Chamberlin Greensboro, North Carolina USA Deborah G. Cole Chicago, Illinois USA Laura E. De Santos Houston, Texas USA Executive Director Mary Beth Kurzak Chicago, Illinois USA Docket Editor Ashley Fitzgerald Communications Manager afitzgerald@iadclaw.org
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Table of Contents
IADC Board of Directors President John T. Lay, Jr. Columbia, South Carolina USA President-Elect Andrew Kopon, Jr. Chicago, Illinois USA Immediate Past President Joseph E. O'Neil Philadelphia, Pennsylvania USA Vice President of Corporate Patrick J. Conlon Houston, Texas USA Vice President of Insurance Albert C. Hilber New York, New York USA Vice President of International Emmanuèle Lutfalla Paris, France
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2017 Annual Meeting - Québec City, Here We Come!
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We are preparing for a very special 2017 Annual Meeting at the Fairmont Le Château Frontenac in Québec City, Québec Canada. We are excited to be heading to this area of Canada for the first time. You will be truly mesmerized by this quaint and alluring city. The educational component of the Annual Meeting has something of interest for everyone. We are pleased to have Dr. Samantha Nutt, global humanitarian, founder of War Child, and bestselling author, as our Open Forum speaker. She has worked with children and their families at the frontline of many of the world's major crises. We look forward to hearing her share her experiences that have benefited hundreds of thousands of war-affected children globally. Thank you to Open Forum Chair Steven Rosenhek for helping to organize this program. Annual Meeting CLE Program Chair Michele Smith and her Committee have developed a line-up of programs that highlight important and prominent topics. Programs will include a two day trial track series where we gain insight into the mind of a trial lawyer; sex, gender identity, and the law; representing an Asian company in the United States and what you need to know; and many more. With tours that get you exploring the city to fun evening social events, this will be the meeting to bring your family, spouse, or guests. Registration and the full brochure will be available in early April. Members will receive an email with all of this information the day it is released. For updates and all details on the 2017 Annual Meeting, visit the Annual Meeting page on the IADC website.
The Election Process Elections of new Board Members and Officers will take place at the Annual Meeting in July. Per our bylaws, any Member in good standing is eligible for nomination and election to any elective office in the IADC. At the Annual Meeting Closing Session, a Nominating Committee appointed by the President will report to the Association with its nominations to fill the following positions: President-Elect, Vice President of International, and three new Board members. Additional nominations for these offices may be made from the floor at that time provided that the intention to make such a nomination, identifying the intended candidate(s), shall have been given to the Secretary no later than the Opening Session of the Annual Meeting. Information on how to submit comments to the Nominating Committee will be published in the June IADC Docket. You can either provide comments onsite at the Annual Meeting or in writing prior to the meeting. The IADC will publish biographies in June of any member who wishes to be considered for the office of President-Elect. Please inform President John T. Lay (jlay@gwblawfirm.com or 1.803.779.1833) no later than May 1, 2017 if you wish to be considered for this position and want your biography published in June with the election materials. Prohibitions on Campaigning The IADC's policy is to prohibit public or private campaigning for a position on the Board of Directors or as an Officer. Members should not campaign on behalf of anyone whom they are supporting for a position on the Board or as an Officer. Participate in the Process We encourage all members to participate in the process. When providing comments to the Nominating Committee, you can comment on one open position or all open positions. If you don't have a particular member to endorse for the Board but want to offer input on the direction our leadership can go, you can do that as well.
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George J. Lavin, Jr. Memorial Scholarship Available for One Trial Academy Candidate Do you know a good lawyer who works in the non-profit or public sector who could benefit from the 45th Annual Trial Academy? Encourage them to apply today for the George J. Lavin, Jr. Memorial Scholarship. The George J. Lavin, Jr. Memorial Scholarship, funded by the law firm of Lavin, O'Neil, Cedrone & DiSipio, is intended to provide assistance to one Trial Academy candidate employed by a non-profit corporation, non-profit organization, or public sector entity. Successful candidates will demonstrate a dedication to this kind of practice and an interest in expanding their knowledge of trial law. To review the guidelines, view the application form, or for more information about the scholarship, click here. Applications will be accepted through April 10.
"Spencer - I just wanted to drop you a line and thank you (and, by extension, all of the faculty from last year's Trial Academy). I just finished my first jury trial in federal court and the skills I learned at the Trial Academy were invaluable in helping me make it through. I was far from comfortable during the trial - it was truly baptism by fire - but I would have been lost if not for my week at the Trial Academy. At the time, I knew that the Trial Academy was a valuable experience, but I don't think I fully appreciated how valuable it was until I was getting ready for opening statement, cross examination, etc. over the past few weeks. So, thanks for all of your hard work in putting the Trial Academy together." - Testimonial from 2015 Student Pete Gallagher, Porzio, Bromberg & Newman, P.C.
The IADC's Trial Academy is the preeminent defense trial advocacy training program and is referred to as the IADC's "crown jewel" for good reason. The 45th Annual Trial Academy will be held July 29 to August 4 at Stanford Law School in Palo Alto, California. Commit to sending someone from your firm to the Academy today. Once they finish the program, they will walk away with more experience, motivation, and courtroom confidence which will lead to immediate and lifelong benefits. Enroll today and for full program details, visit the Trial Academy page on the IADC website.
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2017 Corporate Counsel College April 27 - 28, 2017 LondonHouse Chicago, Illinois The Corporate Counsel College is a two-day program designed specifically for in-house counsel and their trusted outside advisors. Outside counsel members must attend with a guest, so start talking with your in-house clients today! If outside counsel or inside counsel are looking for someone to attend the conference with, email Amy O'Maley McGuire at aomaley@iadclaw.org about our match program. To register and view the brochure, visit the Corporate Counsel College page on the IADC website. Programs topics will include: Keynote Speaker Mark C. Fava, Chief Counsel, The Boeing Company The Battles of Two Innocent Companies for Vindication Practical Advice for Responding to Employee Complaints and Government Investigations: Keeping the Mole Hill from Becoming a Mountain What Now - A Look at the First 100 Days of the Trump Administration. What Does It All Mean for Employers and What Can We Expect in the Future? The Enemy Within Your Organization In the Crosshairs of Class Actions, MDLs, and Serial Litigation Taking Control of Your Law Department - Practical Uses of Legal Project Management
One day program highlighting professional liability topics professional liability roundtable This year the Professional Liability Roundtable will take place on Thursday, May 18 beginning at 12:45 p.m. Program Chair Samuel W. Outten of Nelson Mullins Riley & Scarborough LLP and a planning team comprised of IADC members have arranged a terrific lineup of pertinent CLE. The featured topics center around the theme "Experts and Social Media: New Issues and Some That Won't Go Away" and include the use of expert testimony and malpractice exposure and ethical concerns with lawyers' misuse of social media. The Roundtable is returning to New York and will be held at New York University School of Law. This all-in-one afternoon timing and the location of the conference make it extremely accessible to those who cannot afford to spend a full day away from their practice. The CLE sessions are followed by a cocktail reception from 4:30 to 5:30 p.m. This is a wonderful opportunity to meet with existing clients and be introduced to other insurance law professionals. Take advantage of this great networking opportunity. For full program information and to register, visit the Professional Liability Roundtable page on the IADC website.
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Southeast Regional Meeting – Jacksonville, Florida – January 26, 2017 Twenty-five attendees gathered for the Southeast Regional Meeting held on January 26. The surroundings, socializing, and presentation from Jason Mehta, Assistant US Attorney were great. Thank you to Hosts Jill Bechtold of Marks Gray, P.A. and Clemente Inclan of Saalfield Shad P.A. Northwest Regional Meeting – Portland, Oregon – March 2, 2017 The Northwest Regional Meeting took place in Portland on March 2. Attendees enjoyed a professional networking reception along with a program where in-house counsel panelists discussed their thoughts on running a global company under the Trump Administration. Thank you to Host Heidi Mandt of Bullivant Houser Bailey PC. Southern Regional Meeting – New Orleans, Louisiana – March 15, 2017 Attendees of the Southern Regional Meeting in New Orleans toured the New Orleans Center for Creative Arts and listened to a panel of distinguished judges discuss diversity and the law. Attendees found the presentation excellent and engaging, wanting more. Thank you to Hosts Monica Frois of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC and Mark Beebe of Adams and Reese LLP.
Upcoming Regional Meetings April 26 Chicago, Illinois USA May 11 Baltimore, Maryland USA May 25-26 Singapore, Singapore June 6 Toronto, Ontario Canada June 8-9 Paris, France June 15 Columbia, South Carolina USA For event and registration details, please visit the Regional Meeting page on the IADC website.
Scenes from the 2017 Midyear Meeting Scottsdale, Arizona USA
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The Midyear Meeting took place February 18 - 23 at the JW Marriott Camelback Inn in Scottsdale, Arizona. The meeting was extremely successful with fantastic speakers and CLE programs, great fellowship opportunities for attendees, and wonderful Arizona views. Thank you to everyone who worked so hard on putting this conference together. A special thanks goes out to Brigid Carpenter who led the CLE planning efforts of the CLE Steering Committee along with Chris Berdy, the CLE Committee Chair. Another big thank you goes to the Midyear Meeting Planning Team of John T. and Sharon Lay, Convention Chairs Ivan and Stephanie Rodriguez, and Andy and Lynn Kopon. We also want to thank our Midyear Meeting sponsors: Welcome Reception Sponsor SEA, Ltd., Golf Tournament Sponsor Exponent, Progran Sponsor Trial Behavior Consulting, Meet and Greet Breakfast Sponsor Thomas G. Oakes Associates, After Dinner Gatherings Sponsor Berkeley Research Group, LLC, Program Sponsor Discovia, Program Sponsor MRC, and Program Sponsor Commercial Surety Bond Agency. We look forward to seeing you at the 2018 Midyear Meeting on February 10-15 in La Quinta, California!
Click the arrows to view the photo gallery.
Encourage Law Students to Enter the 2017 Legal Writing Contest
If you have law students working for your firm or company or you teach at a law school, encourage them to enter the IADC's annual Legal Writing Contest by the May 19, 2017 deadline. Winning and honorable mention entries are considered for publication in the Defense Counsel Journal. First, second, and third place winners also earn cash prizes of $2,000, $1,000, and $500, respectively. Entrants must write on subjects in the fields of tort law, insurance law, civil procedure, evidence, or other areas of the law of practical concern to lawyers engaged in the defense or management of the defense of civil litigation. The contest is judged by a committee of the IADC. For more information, click here or contact Melisa Maisel Vanis, Professional Development Manager, at mmaisel@iadclaw.org.
Zafer Karaca Karaca Associates Istanbul, Turkey Jeffrey M. Karp Sullivan & Worcester, LLP Washington, DC USA Rory Kirrane Mason Hayes & Curran Dublin, Ireland Howard Klar Gallo Vitucci Klar New York, NY USA Jill M. Lawrie Blake, Cassels & Graydon LLP Toronto, ON Canada Robert Maldonado Cooper & Dunham LLP New York, NY USA
Click on a new member's name to view their firm or LinkedIn profile. Mary-Claire Coakley DFMG Solicitors Dublin, Ireland Penelope Dixon Walmart Stores, Inc. Bentonville, AR USA Linda Drucker Charles Schwab San Francisco, CA USA Seth Eichenholtz Mastercard Purchase, NY USA W. M. Bains Fleming, III Norman, Wood, Kendrick & Turner Birmingham, AL USA Jim Frederick Goodell, DeVries, Leech & Dann, LLP Baltimore, MD USA
Erik Albright Smith Moore Leatherwood LLP Greensboro, NC USA Matthew W. Bailey Irwin Fritchie Urquhart & Moore, LLC Baton Rouge, LA USA Philipp Behrendt Taylor Wessing Hamburg, Germany Nicola Bonante Gianni, Origoni, Grippo, Cappelli & Partners Milan, Italy Dan Boone Stewart McKelvey St. John's, NL Canada Cristobal Jimeno Chadwick Gutiérrez, Waugh, Jimeno & Asenjo Abogados Santiago, Chile
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Sylvie Gallage-Alwis Hogan Lovells (Paris) LLP Paris, France Marissa Goldberg Eversource Energy Boston, MA USA Bryan J. Haydel, Jr. Porteous, Hainkel and Johnson, L.L.P. Baton Rouge, LA USA Laurie Henry Shook, Hardy & Bacon L.L.P. Kansas City, MO USA Javier Izquierdo Gomez-Acebo & Pombo Abogados, S.L.P. Madrid, Spain
WELCOME NEW MEMBERS
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Click on a new member's name to view their firm or LinkedIn profile.
Thank You to Our Sponsors
Kate Skagerberg Beck Redden Houston, TX USA Evan Stephenson Wheeler Trigg O'Donnell LLP Denver, CO USA Tom Tobin Gordon & Rees, LLP San Diego, CA USA Kevin Truxillo Garrison, Yount, Forte & Mulcahy L.L.C. New Orleans, LA USA John F. Van De Poel, Jr. Van De Poel, Levy, Allen & Arneal, LLP Walnut Creek, CA USA Evan G.E. Vincent Crowe & Dunlevy Oklahoma City, OK USA
If you'd like to nominate someone for IADC membership, click here.
Berkeley Research Group, LLC Big Square Commercial Surety Bond Agency Discovia Exponent InCourt Technologies Minnesota Lawyers Mutual MRC Precise, Inc. RGL Forensics SEA, Ltd. Thomas G. Oakes Associates Trial Behavior Consulting
Molly K. Marcum Keating Jones Hughes, P.C. Portland, OR USA James Merlino Hannum Feretic Prendergast & Merlino New York, NY USA Manuel Moctezuma Moctezuma Castro Mexico City, Mexico Jerome C. Muys Sullivan & Worcester, LLP Washington, DC USA Patricia Nacimiento Herbert Smith Freehills Frankfurt Am Main, Germany Scott O'Connell Nixon Peabody LLP Boston, MA USA
Pamela J. Paluga Kennedy Bowles, P.C. Portland, OR USA George P. Pappas Sheehy, Ware & Pappas, P.C. Houston, TX USA Rebecca Roser Santee Cooper - Office of General Counsel Moncks Corner, SC USA Jordi Ruiz de Villa JAUSAS Legal Y Trigutario SLP Barcelona, Spain Christian J. Singewald White and Williams LLP Wilmington, DE USA Dorothy Siron Zhong Lun Law Firm Hong Kong, China
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President's Message continued...
The IADC is investing resources into a PR firm to help place IADC members as experts in articles.
BENEFITS OF MEMBERSHIP To learn about some of the key ways you can utilize the benefits of your membership, view our Welcome Membership Packet.
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Click on the member's name to view their firm or LinkedIn profile.
Drinker Biddle & Reath opened an office in Texas with the arrival of 23 lawyers in Dallas, one of the largest entries into the Dallas legal market in recent years. The office is led by nine partners which include IADC members E. Paul Cauley, Jr. and Travis S. Gamble. Christopher A. Kenney, co-founder of Kenney & Sams, P.C., successfully defended his client, a national sales executive. Peter E. Sperling, a partner at Frilot, LLC, received the 2016 Arceaneaux Professionalism Award from New Orleans Bar Association. Sandra J. Wunderlich joined Tucker Ellis as Partner in their St. Louis office. Craig A. Thompson, a partner at Venable LLP, authored an article for Minority Corporate Counsel Association's publication Diversity and the Bar about lessons learned over his twenty-plus year legal career.
Understanding How Blockchain Could Impact Legal Industry by R. Douglas Vaughn and Anna Outzen (January 11, 2017) Changing landscape of Canadian takeover law by Éric Azran and Patrick Desalliers (January 27, 2017) Contingent Payment Clauses: How to Make Them Viable by Christopher S. Drewry (March 1, 2017) Case Management Lessons Learned From the Lone Pine Controversy in the Zimmer Multi-District Litigation Proceeding by Anthony G. Hopp and David M. Cummings (March 2017)
IADC RESOURCES
Here are the latest IADC resources since the last issue of the Docket:
AMICUS BRIEFS - IADC amicus brief letter filed: Sun v. Superior Court of Orange County (Young) (January 13) - IADC amicus brief filed: Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco, et. al. (March 9) To read about these amicus curiae briefs, view the Recent IADC Amicus Briefs section on the Amicus Curiae page on the IADC website. QUICK REFERENCE GUIDE The Construction Law and Litigation Committee and Insurance and Reinsurance Committee created a 50 State Prejudgment Interest Quick Reference Guide that provides prejudgment interest information on the 50 U.S. states, as well as Washington, DC, Puerto Rico, and the U.S. Virgin Islands. Information in the Guide includes jurisdiction where prejudgment interest is awarded as a matter of right or law; jurisdiction where the award of prejudgment interest is discretionary; and applicable case/statute. To access the guide, click here. WEBINARS - Working with Experts: Best Practices: January 18 (Presentation and Recording) - The Rise of Direct Primary Care and Free Market in Healthcare: January 25 (Presentation and Recording) COMMITTEE NEWSLETTERS From January 5 to March 15, IADC Committees published 16 newsletters. The following Committees published newsletters during this time: Business Litigation; Drug, Device and Biotechnology; Employment Law; Insurance and Reinsurance; Intellectual Property; Medical Defense and Health Law; Technology; Toxic and Hazardous Substances Litigation; Transportation; and Trial Techniques and Tactics. To view the newsletters, please click on the Committee to go to its Committee Business page where the newsletters are archived. If you would like to join a Substantive Law Committee, please email Maria Juarez, Administrative Support Coordinator, at mjuarez@iadclaw.org.
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New Defense Counsel Journal Online
Defense Counsel Training Manual Now Available in E-Reader Format
The Defense Counsel Journal is now being published solely in an open-access digital format. The Journal will no longer be offered in print, but rather in an online format that is easy to access and is searchable online. You can view and reach the Journal anytime, free of charge, without needing a login or password on its new home on the IADC website. You can find the Defense Counsel Journal under the "Publications & News" section of the IADC website. The Journal still has the same high caliber of legal analysis, but its online format makes it effectively searchable and its resources and references more easily reachable. Volume 84, Number 1 is now online! You can access the contents of the entire issue by clicking here.
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The Third Edition of the Defense Counsel Training Manual is now available in e-reader format! You can order the e-reader version through Barnes and Noble for Nook or through Amazon for Kindle. First published in 1989 with a Second Edition to follow in 1994, the Defense Counsel Training Manual has become a staple reference piece for many throughout the years. The Manual is a collection of articles authored by some of the most experienced trial counsel and the 500+ pages include useful information and tips for trial lawyers handling every aspect of a case. The Defense Counsel Training Manual is also currently available in print and for free in PDF form for IADC members. Members can find the PDF version under the Members Only section of the IADC website.
Click the videos below to hear from IADC member Laura De Santos as she describes how the incorporation of family sets the IADC apart from other associations and from IADC member Molly Craig as she describes the Think IADC First referral opportunities that arise in the IADC.
For more information about Regional Meetings, Webinars, or these events, visit our Upcoming Events page.
April 27-28, 2017 Corporate Counsel College LondonHouse Chicago, Illinois USA May 18, 2017 Professional Liability Roundtable New York University School of Law New York, New York USA July 9-14, 2017 Annual Meeting Fairmont Le Château Frontenac Québec City, Québec Canada July 29 to August 4, 2017 45th Annual Trial Academy Stanford Law School Palo Alto, California USA
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