2019 Annual Meeting Photos
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The 2019 Annual Meeting, held at The Omni Grove Park Inn in Asheville, North Carolina this past July was a huge success with timely programming and many fun social activities. Thank you to the Planning Team, CLE Steering Committee, and our sponsors SEA, Ltd., Exponent, MRC, Berkeley Research Group, LLC, and Baker Tilly for all of their work and support. Scroll through the photo gallery above for a peek into the meeting.
2019
Denver Regional Meeting Recap
The IADC’s 2019-2020 Regional Meeting season has officially kicked off! On September 11, more than 25 attendees gathered at Coors Field in Denver to enjoy a great presentation on “Whistleblower, Qui Tam, and Workplace Complaints” followed by the Rockies game. Thank you to our Hosts Bill Kelly and Julie Walker with Kelly & Walker LLC, as well to all of our generous sponsors. The Rockies capped off the festivities with a win! For upcoming meeting dates, visit the IADC website.
President's Message Resources | what you may have missed Welcome | new members of the IADC Upcoming Events | engage and connect IADC Successes | your accolades, courtroom wins, and pro bono accomplishments And more inside...
What's Inside
Issue Four
"Leaders don't create followers, they create more leaders." - Tom Peters Nowhere is this statement more true than in the IADC. With the incredible year we had under the leadership of Immediate Past President Craig Thompson, we are going into our Centennial Celebration without missing a beat. The IADC Board of Directors is joined this year by more outstanding new leadership in the form of President-Elect Andrew Chamberlin, Vice President of Corporate Counsel Al Vance, Treasurer-Elect Donna Lamontagne, and first year Board members Bonnie Mayfield, Michele Smith, and Trea Southerland. This group, along with the rest of the Board, is hard at work to bring unique ideas and different perspectives to the Association this year. We are kicking off our exceptional year with Regional Meetings and the International Corporate Counsel College. By the time you read this, we will have already had the first Regional Meeting in Denver at Coors Field. The meetings will continue throughout the year, all around the globe. We will celebrate the third year Board members in Charleston, SC; Miami, FL; Mobile, AL; Sydney, Australia; and Charleston, WV. We will also go to Dublin, Asia, New Orleans, and more. Additionally, the International Corporate Counsel College will take place at the Swiss Re Centre for Global Dialogue near Zurich, Switzerland in October. Jodok Wicki has put together an incredible two-day program that all members, in-house and outside counsel, will want to hear. Every year, but especially in this Centennial year, I encourage everyone to attend a meeting. Our leaders of these fine meetings are creating opportunities for IADC members to meet, to learn, to build business, and to make friends. It is an exciting time to be members of the IADC. We are working to make this year the best introduction to the next 100 years of the IADC as possible. All of our IADC leaders and members now are creating the path for the next generations of IADC leaders and members. I am so thrilled you are all part of the journey. It is an honor and a privilege to be the President of the IADC for the Centennial year. Let's celebrate our history and progress and lay the groundwork for all that is to come. We are One World, One Mission, One IADC.
Amy Sherry Fischer
2019 | Issue Four
President's Message
Committee Newsletters
Settling the Split: The Supreme Court Clarifies Unavailability of Punitive Damages for Seaman in Dutra Group v. Batterton By Michael A. Golemi, Don Haycraft, and Jody M. Schisel-Meslin Environmental and Energy Law Committee Advertising Liability in Canada: Blue Mountain Log Sales Ltd. v. Lloyd's Underwriters, 2019 BCCA 240 By Harmon C. Hayden Insurance and Reinsurance Committee One Bad Apple: Navigating through Sexual Battery and Other Intentional Torts By Constance A. Endelicato Medical Defense and Health Law Committee Old and New Targets: IARC Releases its 2020-2024 Priority List for Evaluation By Eric G. Lasker and John M. Kalas Product Liability Committee Do Applicants Have a Disparate Impact Claim Under the ADEA? By Larry D. Smith Employment Law Committee U.S. Supreme Court in Prescription Pharmaceutical Case Holds Implied Preemption is Legal Issue for Judge, Not Question of Fact for Jury By Joseph J. Stroble and Stanley E. Blackmon Drug, Device and Biotechnology Committee Sixth Circuit Rejects Disparate Impact Discrimination Claim against Health Insurer under the Affordable Care Act By Bryan D. Bolton Insurance and Reinsurance Committee Overcoming Sticker Price: The Emergence of the Reasonable Value Approach By Tom Dawson, Rick Farlow, Tom Geroulo, and Tyler Robinson Medical Defense and Health Law Committee Bad Faith Personal Liability of Claims Adjusters Arising Out of Claims-Handling Conduct By Bryan M. Weiss Insurance and Reinsurance Committee An Update on Efforts to Create a Set of Rules for Multidistrict Litigation By Albert G. Bixler and Immon Shafiei Drug, Device and Biotechnology Committee Design Thinking for Litigators By Whitney Frazier Watt and Jennifer Henry Jackson Product Liability Committee Summary Judgment Evidence By James A. King Trial Techniques and Tactics Committee Alert: Deceptive Plaintiff Lawyer Advertising is Harmful to Public Health… and States are Taking Action By Mark Behrens and Ashley Garry Civil Justice Response Committee and Drug, Device and Biotechnology Committee “In-Concert Liability Claims”: One of the More Difficult Pitfalls for Lawyers to See and Avoid when Representing a Client Who May Have a Legal Relationship with a Non-Client By Brian G. Boos and Kelvin J. Fisher Professional Liability Committee Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation By Constance A. Endelicato Medical Defense and Health Law Committee
what you may have missed
Resources |
Webinars
Buyer Beware: The DOJ and SEC are Serious about FCPA Successor Liability Presented by - Corporate Counsel Committee, International Committee, and White Collar Defense and Investigation Committee Presenter: William Lawler, Vinson & Elkins LLP PDF of Presentation | Webinar Recording Who's on Deck: A Panel Discussion on Retaining Clients for the Next Generation Presented by - In-House and Law Firm Management Committee, Product Liability Committee, and Toxic and Hazardous Substances Litigation Committee Presenters: Matt Cairns, Textron Inc. and Carol Michel, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC PDF of Presentation | Reference Materials | Webinar Recording Preservation, Discovery, and Presentation of Cyber Evidence Presented by - Business Litigation Committee, Cyber Security, Data Privacy and Technology Committee, Intellectual Property Committee, and Trial Techniques and Tactics Committee Moderator: Jeff Golub, Beck Redden LLP Presenters: Bains Fleming, Norman, Wood, Kendrick & Turner; Paige Hunt Wojcik, Lighthouse eDiscovery; Sandra Wunderlich, Tucker Ellis LLP PDF of Presentation | Webinar Recording
President's Page By Amy Sherry Fischer Editor's Page By Kenneth R. Meyer Federal Civil Rule Reform: An Update By Christopher E. Appel and Mark A. Behrens Online Article | PDF to Print Insurance Coverage Rules for Inverse Condemnation Actions Involving Public Water Systems By Paul Fuller Online Article | PDF to Print In the Wake of Devries: Revisiting the Extension of Maritime Jurisdiction Over Asbestos Claims By Brian J. Schneider Online Article | PDF to Print
Podcast: IADC Speaks
Weathering the Storm - Michele Smith and Bob Black Michele Smith, IADC Board member and Shareholder at MehaffyWeber, interviews Bob Black, Managing Shareholder at MehaffyWeber. They discuss literal and figurative storms facing the legal profession including disaster preparedness, keeping pacing with evolving technology, and succession planning. Play the episode on the IADC website
Defense Counsel Journal - Volume 86, Number 3
The Diversity and Inclusion Committee produced a quote book that includes quotes that have been displayed on the IADC website. These quotes encourage you to think about and discuss the benefits of diversity and inclusion. Diversity and Inclusion Quote Book
Diversity and Inclusion Quote Book
Amicus Curiae Briefs
The Product Liability Committee created a Data Transfer/Data Privacy Laws Guide. It addresses data transfer/data privacy laws in 13 countries. Product Liability Data Transfer/Data Privacy Laws Guide
In April, the Amicus Committee filed a brief for Monster Energy vs. Schechter, involving the enforceability of a confidentiality clause in a settlement agreement against a lawyer that signed it when the agreement said the lawyer’s signature signified he was agreeing to “approved as to form and content.” The IADC amicus brief explained the importance of settlement and confidentiality to the ability of parties to resolve their disputes, as well as the need to adhere to the reasonable expectations of the parties in signing the settlement contract. On July 11, 2019, the California Supreme Court ruled in support of the IADC's position.
IADC Committee Chairs give insight into Committee happenings and share ways you can get involved. Bonnie Mayfield, Employment Law Chair
Committee Chair Corner Articles
Product Liability Data Transfer/Data Privacy Laws Guide
Welcome |
new members of the IADC
Whether you have been a member for a short or a long period of time, you may not know everything your membership affords. View our Welcome Membership Packet to learn about some of the key ways you can utilize the benefits of your membership.
Myriam Brixi Lavery, de Billy L.L.P. Montreal, Quebec Canada Donald L. Myles Jones Skelton & Hochuli Phoenix, Arizona USA Robin Shah Skadden, Arps, Slate, Meagher & Flom LLP New York, New York USA Nicholas Bettinger McDonald Sanders, P.C. Fort Worth, Texas USA V. Stephen Cohen Bajo, Cuva, Cohen & Turkel Tampa, Florida USA Joseph R. Falasco Quattlebaum, Grooms & Tull PLLC Little Rock, Arkansas USA Heather Heiskell Jones Spilman Thomas & Battle, PLLC Charleston, West Virginia USA Joel H. Smith Bowman and Brooke LLP Columbia, South Carolina USA Robin Linley Blake, Cassels & Graydon LLP Toronto, Ontario Canada Martha Leach Thompson Balch & Bingham LLP Birmingham, Alabama USA Stuart J. Goldberg Eastman & Smith LTD. Toledo, Ohio USA Joseph Mannion Chubb Philadelphia, Pennsylvania USA James M. Proctor, II McWane, Inc. Birmingham, Alabama USA Christine Egner Continental Tire the Americas Fort Mill, South Carolina USA Brian J. Hunt The Hunt Law Group LLC Chicago, Illinois USA Katherine Romano Walsh Pizzi O'Reilly Falanga LLP Newark, New Jersey USA Margaret Oertling Cupples Bradley Arant Boult Cummings LLP Jackson, Mississippi USA Amy Todd Klug Daiichi Sankyo, Inc. Basking Ridge, New Jersey USA Kevin S. Little Hamil Little Augusta, Georgia USA Guilherme Carneiro Monteiro Nitschke RozziniFreire Advogados Porto Alegre, RSI Brazil David W. Silke Gordon Rees Scully Mansukhani, LLP Seattle, Washington USA Aleksandra Zivanovic SGI Canada/Coachman Toronto, Ontario Canada Scott Slater Siemens Corporation Alpharetta, Georgia USA Monique Gougisha Doucette Ogletree, Deakins, Nash, Smoak & Stewart, P.C. New Orleans, Louisiana USA John J. Powers Drinker Biddle & Reath San Francisco, California USA Charles Stauber Hallmark Financial Services Inc. Dallas, Texas USA Robert A. Biggs Biggs, Ingram & Solop PLLC Jackson, Mississippi USA Lynne Jones Blain Harman, Claytor, Corrigan & Wellman, P.C. Richmond, Virginia USA James A. Pardo McDermott Will & Emery New York, New York USA Paw Fruerlund Kammeradvokaten/ Advokatfirmaet Poul Schmith Copenhagen, Denmark William A. Bulfer Teague Campbell Dennis & Gorham, LLP Asheville, North Carolina USA Ricardo Lewandowski Clyde & Co LLP London, England Jonathan R. Vaughn Vorys, Sater, Seymour and Pease LLP Columbus, Ohio USA Meghan Rohling Kelly Dechert LLP Philadelphia, Pennsylvania USA Mark E. King Brown & Brown, Inc. Daytona Beach, Florida USA Melanie D. Margolin Wabash National Indianapolis, Indiana USA Paul A. Derks Fee, Smith, Sharp & Vitullo LLP Dallas, Texas USA Rongrong Yan JunHe Law Offices Shanghai, China Charles Stauber Hallmark Financial Services Inc. Fort Worth, Texas USA Ranjit Dhindsa Hollingsworth LLP Washington, District of Columbia USA Michael E. Johnson Rollins Inc. Atlanta, Georgia USA Stuart A. McMillan Bowles Rice LLP Charleston, West Virginia USA John T. Crook Bailey & Dixon, LLP Raleigh, North Carolina USA Stacy L. Douglas Collinson, Daehnke, Inlow & Greco Torrance, California USA Katheleen Ann Ehrhart Freeborn & Peters LLP Chicago, Illinois USA Jonathan Crompton Reynolds Porter Chamberlain Hong Kong John A. Fabello Torys LLP Toronto, Ontario Canada Patricia A. Barbieri Daiichi Sankyo, Inc. Basking Ridge, New Jersey USA Zachary B. Busey Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Memphis, Tennessee USA Stephen J. Lieb Wissing Miller LLP New York, New York USA William D. Deveau Connell Foley LLP Jersey City, New Jersey USA Philip R. Green King & Spalding LLP Atlanta, Georgia USA Johannes Juranek CMS Reich-Rohrwig Hainz Rechtsanwalte GmbH Vienna, Austria Kathryn S. Lehman King & Spalding LLP Atlanta, Georgia USA Alicia Still Alltech, Inc. Nicholasville, Kentucky USA Maria Z. Vathis Bryan Cave Leighton Paisner Chicago, Illinois USA Scott Parrish Miller & Martin PLLC Chattanooga, Tennessee USA Jennise Walker Stubbs Shook, Hardy & Bacon L.L.P. Houston, Texas USA James C. Young, Sr. Law Offices of James C. Young Metairie, Louisiana USA Kathleen Buck AXA XL Insurance Company Atlanta, Georgia USA Chad R. Brown Thompson Holdings, Inc. Mobile, Alabama USA Danielle M. Waltz Jackson Kelly PLLC Charleston, West Virginia USA
Sept 19 - 22
2019 Fall Board of Directors Meeting Chicago, Illinois USA
Sept 25
Webinar: When the Unthinkable Happens: Mitigating Risk and Defending Workplace Violence Claims | More Details |
Sept 26
2019 Asian Regional Meeting Seoul, Korea | More Details |
Sept 27
2019 Sao Paulo/Miami Regional Meeting Sao Paulo, Brazil and Miami, Florida USA | More Details |
Oct 2
Webinar: TCPA Class Actions | Save the Date |
Oct 16
Webinar: The 21st Century Cures Act and Real-World Evidence: What the Trial Lawyer Needs to Know | Save the Date |
Upcoming Events |
engage and connect
Below is a list of upcoming Association events that will take place in the next few months. If program or registration information is available, it will be noted. For up-to-date information on all upcoming events, please visit the IADC website at www.iadclaw.org.
2019 Member Reception at DRI Annual Meeting New Orleans, Louisiana USA | More Details |
Oct 23 - 25
2019 International Corporate Counsel College Rüschlikon, Switzerland | More Details |
Oct 30
Webinar: Top Ten Things You Can Do to Prevent Trade Secret Theft | Save the Date |
Nov 6
Webinar: Hospital Liability: Trends and Tactics in Plaintiffs' Search of the "Mega Verdict" | Save the Date |
Nov 13
2019 Eastern Regional Meeting Charleston, South Carolina USA | Save the Date |
Nov 20
Webinar: Leveraging Diversity and Inclusion for Success | Save the Date |
Dec 4
Webinar: Pick Me, Pick Me! Panel Voir Dire and Jury Selection | Save the Date |
Dec 11
Webinar: Shifting Sands of U.S. Privacy Laws | Save the Date |
Jan 15
Webinar: Issues in Modern Cross-Border Mass Torts Litigation | Save the Date |
Jan 20
2020 Regional Meeting and Joint BIICL Conference London, England | Save the Date |
Jan 29
Webinar: Digitization and its Impact on the Labor Market and Employment Law | Save the Date |
Feb 22 - 27
2020 Midyear Meeting Pebble Beach, California USA | Save the Date |
M.C. Sungaila, a partner at Haynes and Boone, LLP, is one of 27 U.S. lawyers included in the National Law Journal's 2019 Equity Trailblazers List.
Butler Snow attorney Meade W. Mitchell was elected revenue officer of the American Bar Association's Tort Trial and Insurance Practice Section.
IADC Successes |
Connie Lewis Lensing joined Bradley Arant Boult Cummings LLP as counsel after being with FedEx Express for nearly 30 years.
your accolades, courtroom wins, and pro bono accomplishments
Robert D. Allen, of The Allen Law Group, was elected to a term on the Board of Regents for the American College of Coverage Counsel.
Chris Lam, a partner at Bradley Arant Boult Cummings LLP, was named a 2019 North Carolina Lawyers Weekly Leaders in the Law.
Philip L. Willman of Brown & James in St. Louis obtained a defense win in a medical malpractice case involving loss of eye from uveitis infection.
Many IADC members were recognized in the 2020 listing from The Best Lawyers in America. You can find some of those recognized here.
To submit an accolade, courtroom win, or pro bono accomplishment, email Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Murphy & Grantland, PA shareholder Anthony Livoti has been awarded the 2019 Fred H. Sievert Award from DRI.
Steven M. Sitek, a shareholder at Bassford Remele, fulfilled the requirements of the Minnesota State Bar Association's certification program.
Christopher S. Drewry authored an article for Modern Contractor Solutions' August issue on the topic of risk in construction management.
Spencer H. Silverglate, a partner at Clarke Silverglate, P.A., obtained a final summary judgment for client M&M Management.
Lori Johnson, of Parker Daniels Kibort, LLC, won a $2 million slander verdict on behalf of client Fargo, which is the largest slander verdict in North Dakota history.
Tammy Meyer, with the Metzger Rosta firm in Noblesville, Indiana, has been certified as a member by Lawyers of Distinction.
Andrew Laws and his law firm Babbé have been shortlisted in multiple categories for Citywealth's International Financial Centre Awards 2020.
Michael W. Drumke, a partner at Swanson, Martin & Bell, LLP, has been elected to the American Bar Association Board of Governors for a three-year term.
George Parker, partner at Bradley Arant Boult Cummings LLP, was appointed to the Executive Committee of the Alabama State Bar for 2019-2020.
Gordon Sproule and Jennifer Segers, of Huie, Fernambucq & Stewart, obtained a defense verdict on behalf of a long-term care facility.
Neftali Garro, a partner at BLP, was elected President of the Board of Directors of Insuralex Global Insurance Lawyer Group.
Caryn Jorgensen joined Stokes Lawrence law firm in Seattle, Washington on September 1 as shareholder.
Numerous members were recognized by Who's Who Legal in their Product Liability Defence 2019 analysis, which you can see here.
Paul Lefebvre, a partner at Hanotiau & Van Den Berg, successfully represented Facebook in Belgian litigation.
Tom Buckley of Goldberg Segalla authored an article for Modern Contractor Solutions' July issue on construction defect claims in the concrete industry.
David J. Rosenberg, a partner at Weber Gallagher, won a contentious case on summary judgment in Mercer County, Pennsylvania.
Chris Lam, of Bradley Arant Boult Cummings LLP, was appointed to the Judicial Independence and Integrity Committee of the North Carolina Bar Association.
Glenn A. Duhl of Zangari Cohn Cuthbertson Duhl & Grello P.C. authored an article for Modern Restaurant Management on restaurant industry gratuities.
Paul Mogin of Williams & Connolly LLP authored an article titled "Grounded on Newly Discovered Evidence" for the American Criminal Law Review.
Duarte Henriques and Guilherme Rizzo Amaral spoke at the New York International Arbitration Center Grand Central Forum in New York.
Alexandra Simotta is teaching a class on International Civil Procedure this coming semester at the Faculty of Law of Austria’s Sigmund Freud University.
The 47th Annual Trial Academy was held at Stanford Law School, July 27 to August 2. Students and faculty convened for a week of trial skills training and left as better advocates as well as close colleagues. From opening statements to closing arguments, from the opening cook-out to the closing banquet, attendees worked together, learned together, and had fun together. Everyone saw improvements in their performance as each day went by. “This program has been an absolute game changer for my practice,” said Jamison McCune of Bodyfelt Mount LLP. The impact of the Academy will reverberate with participants for years to come. The faculty are known collectively as “Nancy's Ninjas” and have already started planning their reunion. The students now back to regular business have started employing the tools and tips they picked up. Alexis Theriault of Conn Kavanaugh Rosenthal Peisch & Ford commented, “Trial attorneys are made not born. Start to finish, the Trial Academy made us all trial attorneys.” Another student summarized the sentiments of many reflecting on their time, “Thank you for a great experience at what I have been fondly referring to as 'lawyer camp'! I'm sad it's over.” A special thank you goes to Trial Academy sponsors, InCourt Technologies and Baker Tilly, whose professionals donated countless hours of time to the program. Also a huge thank you goes to Nancy Erfle, 2019 Director, and Mike Brown, Director-Elect, for their leadership of a tremendous class of faculty including Sonia Bjorkquist, Jane Bockus, Maja Eaton, Dennis Ellis, Gary Elliston, Peter Fazio, Mark Prost, Chad Hutchinson, Caryn Geraghty Jorgensen, Michael Klatt, Kim Bessiere Martin, Tammy Meyer, Terrence Reed, and John Tull.
47th Annual Trial Academy Recap |
Celebrating 100 Years
As we celebrate our Centennial in 2020, we invite every single member to actively participate in the Association. There are so many ways you can do that. Look at our upcoming event schedule, including our educational conferences, complimentary Webinars, and free Regional Meetings that allow you to network closer to home. Get involved in our 25+ Committees. Attend your Committee's monthly conference calls, write Committee Newsletters or Defense Counsel Journal articles, be a speaker for one of our CLE programs or podcasts, or work on special Committee-based projects. Access member resources (found within this Docket and on the IADC website). These include past Webinar materials, podcasts, Defense Counsel Journal articles, Committee Newsletters, Quick Reference Guides, and the Defense Counsel Training Manual. Think IADC First to your highly-regarded peers if an opportunity arises to refer business. Connect with new members. After a meeting, reach out to someone you just met. Become an IADC Ambassador and help members find their place in the IADC. To become an Ambassador, contact T.C. Bastin at tbastin@iadclaw.org. Get social! Connect with us and each other through Facebook, Twitter, LinkedIn, Instagram, and YouTube. Make sure and tag us and use our hashtags - @IADCLaw #IADC100 #iadcmeetings Nominate and sponsor potential members. We want to make sure going into our Centennial that we have the very best in our ranks. Submit your photos or memories of the IADC easily online.
IADC members are the best of the best! If an opportunity arises to refer business, please Think IADC First.
In Their Own Words
Colin Loveday tells us what the selling point of IADC membership is for him as an international member.
NOMINATE We want to make sure going into our Centennial that we have the very best in our ranks. If you'd like to nominate someone for IADC membership, click here.
IADC Merchandise Available
Thank You to Our Sponsors
Visit our IADC store for branded items that are available for purchase that will help show your association pride. From t-shirts to luggage tags to mouse pads, we've got lots of options! https://www.zazzle.com/iadc_store
Baker Tilly Berkeley Research Group, LLC Exponent InCourt Technologies Lighthouse eDiscovery Minnesota Lawyers Mutual Insurance Company MRC SEA, Ltd. Trial Behavior Consulting
