“Nothing endures but change” - Heraclitus The IADC is on the move! Your board and committee leaders are continuing to work hard to maximize the value of your membership. We are who we are because of you, and your success and satisfaction are critical to our mission. In this issue of the IADC Docket, we highlight many of our recent activities and connections. We also provide a well-deserved spotlight on some of our members who are achieving legendary status in our profession. I guarantee that the time you spend catching up on your IADC news will be time well spent. As you know, our theme this year is One World. One Mission. One IADC. Our goal has been simple: to continue building the IADC tradition of professionalism, camaraderie, and networking around the world! Our extremely successful Midyear Meeting in Santa Barbara fulfilled that mission. With a record number of attendees and First Timers, the 2019 Midyear Meeting was both very productive and memorable. With a group of members, spouses, and significant others that truly represented the best of who we are, this meeting truly showed the diversity, talent, and treasure that is the IADC. We MUST stay the course, and remember that we are stronger when we each feel empowered to develop and grow professionally and personally. The IADC is committed to making that a reality. Over the next several months, the board will be tackling important issues regarding membership, diversity, and the most substantive and broad provision of CLE to our members. Our committee chairs and members will continue developing great content in their respective practice areas, while making sure that said content is easily accessible and useful. Our valued corporate and insurance members will maintain their tradition of guiding the overall vision of the IADC, understanding that we need their time and critical perspective to succeed. Our international members will remain focused on expanding the worldview of our membership, and developing the themes, programs, events, and more that make the “I” in the organizational name so unique and important. The leadership of the IADC will be in Illinois, Texas, Canada, Scotland, Singapore, Spain and hopefully in a location near you over the next several months spreading the IADC message of professionalism, business development, and fellowship. If you are interested in hosting or learning more about Regional Meetings in your area, please contact the IADC office. Our Regional Meetings are an outstanding way to connect with members, and develop the relationships that lead to business and more. Finally, get set for our Annual Meeting in Asheville, North Carolina from July 7-12! We expect the largest attendance ever for an IADC meeting, so please register early and secure your spots. Alba Romano and the CLE Steering Committee have developed outstanding programs that will enlighten and influence you. Chris and Stephanie Drewry will be leading our family games, and promise to make them epic. Al Vance has created an inspiring “IADC Talks” program with members whose stories will have you inspired and spellbound. General Convention Chairs Michelle and Jon Hernandez, along with the steering committee and our fabulous Director or Meetings, Rebecca Zurcher, have put together an overall program that you and your family will always remember. This is YOUR IADC, and we appreciate you more than ever before – stay focused!
Professional Liability Roundtable May 30, 2019 New York University School of Law New York, New York USA This year the Professional Liability Roundtable will take place on Thursday, May 30 beginning at 12:45 p.m. at the New York University School of Law. The programs center around the theme "Next Generation." We are excited to announce that the Professional Liability Roundtable will offer two concurrent CLE tracks this year - one focused on professional liability issues and one focused on medical liability issues. This all-in-one afternoon schedule and the location of the conference make it extremely accessible to those who cannot afford to spend a full day away from the office. The programming is immediately followed by a cocktail reception. This is a wonderful opportunity to meet with existing clients and be introduced to other insurance law professionals. Take advantage of this great educational and networking opportunity. For full program information and to register, please visit the Professional Liability Roundtable page on the IADC website. Please note: There is no fee for insurance industry and corporate counsel attendees, but advanced registration is requested by May 16.
Craig A. Thompson IADC President
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President's Message is continued on page 11.
President's Message
www.iadclaw.org
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Secretary-Treasurer Archibald T. Reeves, IV Mobile, Alabama 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 Board Members - Class of 2020 Molly Hughes Cherry Charleston, South Carolina USA Michael D. Crim Clarksburg, West Virginia USA Spencer H. Silverglate Miami, Florida USA
Upcoming Election Information
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Annual Meeting Preview
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Corporate Counsel College
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Upcoming Regional Meetings
47th Annual Trial Academy
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Scenes from the Midyear Meeting
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Committee Chair Corner Articles
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Regional Meeting Recaps
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LCJ Update
Sponsors
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IADC Foundation Cookbook Mythbusters
New Members
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IADC In the News
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IADC Successes
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Resources
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Board Members - Class of 2021 Mark R. Beebe New Orleans, Louisiana USA Stephanie M. Rippee Jackson, Mississippi USA Thomas Rouhette Paris, France Executive Director Mary Beth Kurzak Chicago, Illinois USA Docket Editor Ashley Hatfield Director of Communications ahatfield@iadclaw.org
Table of Contents
IADC Board of Directors President Craig A. Thompson Baltimore, Maryland USA President-Elect Amy Sherry Fischer Oklahoma City, Oklahoma USA Immediate Past President Andrew Kopon Jr. Chicago, Illinois USA Vice President of Corporate Patrick J. Conlon Houston, Texas USA Vice President of Insurance Frank A. Lattal Hamilton, Bermuda Vice President of International Colin Loveday Sydney, Australia
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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 Corporate, Secretary-Treasurer Elect, 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 next IADC Docket. You can either provide comments onsite at the Annual Meeting or in writing prior to the meeting. The IADC will publish biographies of any member who wishes to be considered for the office of President-Elect. Please inform President Craig Thompson (cathompson@venable.com or 1.410.244.7605) no later than May 13, 2019 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.
Information on Upcoming Elections
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2019 Annual Meeting - Asheville, Here We Come!
We are preparing for a very special 2019 Annual Meeting on July 7 to 12 at The Omni Grove Park Inn in Asheville, North Carolina. We know you will love it and we invite you to explore and experience the vibrant downtown - restaurants, coffeehouses, microbreweries, museums, galleries, bookstores, antique shops, and boutiques. The educational component of the Annual Meeting has something of interest for everyone. Annual Meeting CLE Program Chair Alba Romano and her Committee have developed a line-up of programs that highlight hot topics and follow up on significant and recent developments which are important to our profession. Programs will include how to celebrate diversity without increasing division; what issues face the international insurance market; the importance of managing attention despite constant daily distractions; and real experiences with pro bono issues. With tours that get you exploring the city to fun evening social events, this will be a great meeting to bring your family, spouse, or guests. To register and for all details on the 2019 Annual Meeting, please visit the Annual Meeting page on the IADC website.
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Corporate Counsel College Join the IADC April 11 and 12 for the Corporate Counsel College at The Ritz-Carlton in Chicago - an unparalleled educational experience. Highlights include: The Changing Landscape in Delivery of Legal Services Sending in the Reserves: Litigator Interactions with Finance/Audit #MeToo Allegations and Litigation: Best Practices with Regard to Sexual Harassment in the Workplace Crowdsourcing: What it Is, How it Works, and Its Implications for Corporate America Update: Global Shifts in Class Actions and Third Party Litigation Funding Trying Cases in a Rapidly Changing World Developing the Modern Lawyer Corporate Compliance Preparing Global Companies for Navigating Through U.S. Litigation Lawyers and Mental Health For more program details and information, visit the Corporate Counsel College page on the IADC website.
Upcoming Regional Meetings The IADC organizes Regional Meetings in North America, South America, Europe, and Asia to provide members and guests the chance to convene for short educational programs and connect with one another a bit closer to home. These popular meetings are free of charge, open to guests, and provide an opportunity to discuss relevant issues with local members of the Association. We hope you can join us at one of our upcoming meetings. April 10 - Chicago, Illinois USA April 18 - Houston, Texas USA May 9-10 - Singapore May 30-31 - Istanbul, Turkey June 4 - Toronto, Ontario Canada September 27 - Sao Paulo, Brazil/Miami, Florida USA (Joint In-Person and Webinar Meeting) For event and registration details for each of our upcoming Regional Meetings, please visit the Regional Meeting page on the IADC website.
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Thank You to These Firms Who Have Sponsored Someone From Their Firm To Participate
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The IADC's Trial Academy is the preeminent defense trial advocacy training program. This seven-day, intensive program will give a tried-and-true trial lawyer the opportunity to fine tune their advocacy skills or an associate the trial experience they are lacking. The 47th Annual Trial Academy will be held July 27 to August 2 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.
Alston & Bird LLP Anderson Murphy and Hopkins ASBZ Advogados Baker Donelson Bearman Caldwell & Berkowitz Bodyfelt Mount LLP Bowman and Brooke LLP Bradley Arant Boult Cummings LLP Butler Weihmuller Katz Craig LLP Butler Snow LLP Campbell Conroy & O'Neil, P.C. Christian & Small, LLP Conn Kavanaugh Rosenthal Peisch & Ford, LLP Connell Foley LLP Duane Morris LLP Dykema Gossett PLLC Ellis & Winters LLP Federal Express Corporation Flaherty Sensabaugh Bonasso PLLC Foulston Siefkin Frost Brown Todd LLC Gibson, McAskill & Crosby, LLP Goldman Ismail Tomaselli Brennan & Baum LLP Gordon Rees Scully Mansukhani, LLP Greenberg Traurig, LLP Hand Arendall Harrison Sale LLC Irwin Fritchie Urquhart & Moore LLC James Ryan III & Associates, LLC Kenney & Sams, P.C. King & Spalding LLP Kopon Airdo, LLC Lederer Weston Craig PLC Nelson Mullins Riley & Scarborough LLP Nixon Peabody LLP Osler, Hoskin & Harcourt LLP Paul Hastings LLP Peabody & Arnold LLP Pearce Durick PLLC Phelps Dunbar LLP Pitzer Snodgrass, P.C. Porter Wright Morris & Arthur LLP Quattlebaum, Grooms & Tull PLLC Rasmussen, Dickey & Moore, L.L.C. Ricci, Tyrrell, Johnson & Grey Soha & Lang, PS Thompson & Knight LLP Venable LLP Vinson & Elkins, LLP Watkins & Eager PLLC Weinberg, Wheeler, Hudgins, Gunn & Dial Williams Law Firm, P.C.
The Midyear Meeting took place February 23 - 28 at The Ritz-Carlton Bacara in Santa Barbara, California. The meeting was successful with extremely relevant CLE offerings and lots of social activities. Thank you to everyone who worked so hard on the Midyear Meeting. A special thanks goes out to Jim Rogers who led the CLE planning efforts of the CLE Steering Committee along with Wendy May, the CLE Committee Chair. Another big thank you goes to the Midyear Meeting Planning Team of Craig Thompson and Deborah St. Lawrence Thompson, Convention Chairs Michelle and Jon Hernandez, and Amy Sherry Fischer and Tim Fischer. We also want to thank our Midyear Meeting sponsors: SEA, Ltd., Exponent, Trial Behavior Consulting, Lighthouse eDiscovery, MRC, Berkeley Research Group, LLC, and Baker Tilly.
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BENEFITS OF MEMBERSHIP To learn about some of the key ways you can utilize the benefits of your membership, view our Welcome Membership Packet.
IADC Merchandise Available!
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
Recent Committee Chair Corner Articles
The homepage of our website features the Committee Chair Corner. Every two weeks, a new column is posted from a different Committee Chair. The columns address topics that are important to the Committee and also discuss what the Committee is doing within the Association. This gives great insight into what each of the 25+ Committees has to offer the membership. Click any of the photos below to read the Chair's Committee Chair Corner article. If you would like to join any of the IADC Substantive Law Committees, please email Maria Juarez, Registrar, at mjuarez@iadclaw.org.
Chip Magid Business Litigation Committee
Mark Behrens Civil Justice Response Committee
Michael Airdo Alternative Dispute Resolution Committee
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Michele Smith In-House and Law Firm Management Committee
Steve Vescovo Transportation Committee
Western Regional Meeting - Los Angeles, California USA - January 16, 2019 Thank you to our host Chip Farrell of Murchison & Cumming, LLP for welcoming our Western Regional Meeting attendees. Members and guests who joined us in Los Angeles listened to a program titled "The Top 10 California Decisions in 2018 Impacting Your Practice" presented by Chip Farrell and Bryan Weiss which was followed by a networking cocktail reception. Thank you to our presenters and meeting sponsors. Eastern Regional Meeting - Raleigh, North Carolina USA - March 12, 2019 Thank you to our hosts Jon Berkelhammer, Mary Dillon, Alex Hagan, and Dixie Wells. Meeting attendees listened to IADC President Craig Thompson present on "Diversity and Inclusion in the Legal Profession: Predict the Future by Creating It" and then enjoyed each others company during a cocktail reception. Thank you to all of our meeting sponsors.
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Western Regional Meeting
Baker Tilly Berkeley Research Group, LLC Exponent InCourt Technologies Lighthouse eDiscovery Minnesota Lawyers Mutual Insurance Company MRC SEA, Ltd. Trial Behavior Consulting
IADC Foundation Cookbook Mythbusters The IADC Foundation is still gathering recipes for a cookbook to raise funds for the Foundation and celebrate the IADC's Centennial in 2020. Here are the Top Four Myths that may be holding you up from sending in a recipe: 1) Your recipe may be rejected. NO recipe will be rejected. We do have a testing committee, but their purpose is to determine if there are any ambiguities in the instructions provided. 2) You can’t provide a recipe without pictures or a story. Although we’d love to have pictures and a story, don’t let that stop you. We are getting many recipes without them. 3) You can only submit one recipe. We have NO limit on the number of recipes from any person or family. 4) We only want one recipe from each state, province, or country. We are delighted to get multiple recipes from every location. We need recipes from the following countries: Argentina, British Virgin Islands, Chile, Colombia, Costa Rica, Czech Republic, Germany, Greece, Hungary, India, Indonesia, Ireland, Israel, Kenya, Malaysia, Mauritius, Netherlands, Nigeria, Norway, Peru, Philippines, Puerto Rico, Saudi Arabia, Singapore, South Africa, Spain, Ukraine, United Arab Emirates We still need recipes from the following states: Alaska, Colorado, Iowa, Kansas, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Utah, Vermont, West Virginia, Wisconsin, Wyoming To check out instructions and guidelines on how to submit recipes, visit the Centennial Fundraiser Cookbook page on the IADC Foundation website.
Thank You to Our Sponsors
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President's Message continued...
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Click on a new member's name to view their firm or LinkedIn profile.
WELCOME NEW MEMBERS
Brenton S. Bean Freeman Mathis & Gary, LLP Atlanta, GA USA Nicolas Brooke Société Générale Paris La Défense 7, France William S.W. Chang Crowell & Moring Washington, DC USA Christine Vargas Colmey Sovos Compliance, LLC Wilmington, MA USA Floyd G. Cottrell Cottrell Solensky, P.A. Newark, NJ USA J. Bennett Crites, III Shumaker Loop & Kendrick LLP Charleston, SC USA Paul Emerson Berkshire Hathaway Specialty Insurance Toronto, ON Canada Stephanie F. Erhart Sheehy, Ware & Pappas, P.C. Dallas, TX USA Jean Elizabeth Faure Faure Holden Attorneys At Law, P.C. Great Falls, MT USA Karsten Fehn FEHN Legal Cologne, Germany Zandra E. Foley Thompson, Coe, Cousins & Iron, LLP Houston, TX USA Richard M. Gaal McDowell Knight Roedder & Sledge, L.L.C. Mobile, AL USA Renee A. Gallagher JetBlue Airways Long Island City, NY USA Ashley Garry Eli Lilly and Company Indianapolis, IN USA George Gigounas DLA Piper LLP (US) San Francisco, CA USA Lisa N. Higgins Drew Eckl & Farnham, LLP Brunswick, GA USA Aaron H. Levine Arnold & Porter Kaye Scholer LLP New York, NY USA Lori McAllister Dykema Gossett PLLC Lansing, MI USA Michael J. Miller Strong & Hanni Salt Lake City, UT USA M. Shane O'Dell Naman Howell Smith & Lee PLLC Fort Worth, TX USA Michael Payton Clyde & Co LLP London, England Zane C. Riester Johnson & Johnson New Brunswick, NJ USA Adam F. Rust Lewis Thomason Knoxville, TN USA Azusa Saito Nishimura & Asahi NY LLP New York, NY USA Paul Salazar Siemens AG München, Germany Mitesh Shah Vulcan Materials Company Birmingham, AL USA Stephen J. Shapiro Schnader Harrison Segal & Lewis LLP Philadelphia, PA USA Mark K. Silver Coughlin Duffy, LLP Morristown, NJ USA Jennifer Vance Illinois Agricultural Association Bloomington, IL USA Sharon Vogel Singleton Urquhart Reynolds Vogel LLP Toronto, ON Canada Tamera D. Westerberg Wheeler Trigg O'Donnell LLP Denver, CO USA
IADC In The News
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The IADC is investing resources into a PR firm to help place IADC members as experts in articles. Articles are linked if we have permission to share them.
Tom Buckley authored "Navigating OSHA's Rules on Silica Dust Exposure" for Modern Contractor Solution's January edition. (January 16) Erik Legg and Stephanie Rippee authored "Challenging the Plaintiff's Economic Expert" for HarrisMartin's Drugs & Medical Devices Publication. (February 4) Jonathan Barton authored "Introduction to AI and IoT issues in product liability litigation" for Thomson Reuters Westlaw. (February 20) Chris Drewry authored "What Are the Contractor's Options in Response to Lower Tier Mechanic's Liens?" for Modern Contractor's Solution's February edition. (February 21)
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Click on the member's name to view their firm or LinkedIn profile.
Mica Nguyen Worthy, a partner at Cranfill Sumner & Hartzog LLP, obtained favorable results in 2018 for two aviation clients. Morgan Carlo Downs and Ward & Herzog merged to form law firm Downs Ward Bender Hauptmann & Herzog, P.A. IADC members Mary Alane Downs and Margaret Fonshell Ward are both partners. IADC members Thomas Rouhette, Sylvie Gallage-Alwis, and Emmanuéle Lutfalla launched the French law firm office of Signature Litigation AARPI. Michael Drumke, a partner at Swanson, Martin & Bell LLP, was nominated to the American Bar Association Board of Governors. Paul Lefebvre, a partner at Hanotiau & van den Berg, successfully represented the European Commission in Belgian Supreme Court in November 2018. On February 8, the Supreme Court of Belgium set aside a decision whereby a Belgian Court declares it has no jurisdiction on the basis of a recourse filed by Paul. Manuel Barrocas, of Barrocas & Associadoes - Sociedade de Advogados, was given 'The Order of Sacred Treasure with Gold Rays' award from the Council of Ministers of Japan. Chuck Cole, a partner at Lewis Brisbois, obtained a defense jury verdict on January 17 in a medical malpractice action. J.T. Wilson, a partner at Dinsmore & Shohl LLP, received a summary judgment in favor of a public official. Philip Willman, of Brown & James, obtained a defense victory in a case leading to near blindness in both eyes. Nineteen IADC members were recognized as Global Elite Thought Leaders by Who's Who Legal. See the list here. Gord McKee, a partner at Blake, Cassels & Graydon LLP, was awarded Product Liability Litigator of the Year by Benchmark Canada. Anna Early had a successful settlement with the Consumer Product Safety Commission. She is a Senior Associate Counsel and Head of Legal for the Americas at Britax, and was involved in helping settle the action without a recall. She also recently received the "Outstanding Corporate Counsel" award from the Charlotte Business Journal. Past President Andy Kopon Jr., a founding partner of Kopon Airdo, obtained a win in Illinois First District Appellate Court on March 25.
IADC RESOURCES
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WEBINARS - Differential Diagnosis, Specific Causation, and Daubert: An Update on Courts' Exclusion of Unreliable Expert Opinions in Toxic Tort and Other Product Liability Cases: January 16 (Presentation, Reference Materials, and Recording) - The Case for MDL Rulemaking: Current Practices and Future Procedure: January 23 (Presentation and Recording) - The Legal Risks of Biometric Data Usage: January 30 (Presentation and Recording) - Catastrophic Thermal Battery Failures in Vaping Devices and in Pockets: Why Do They Happen?: March 13 (Presentation and Recording) - Damages Recoverable in Delay of Construction Coverage in Builders Risk Insurance: March 20 (Presentation, 2018 Florida Statutes Reference Material, AIA Insurance and Bonds Document Reference Material, and Recording) COMMITTEE NEWSLETTERS From January 12 to March 27, IADC Committees published 9 newsletters. The following Committees published newsletters during this time: Corporate Counsel; Drug, Device and Biotechnology; Employment Law; Insurance and Reinsurance; Intellectual Property; Medical Defense and Health Law; and Product Liability. 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, Registrar, at mjuarez@iadclaw.org. AMICUS CURIAE BRIEFS The Texas Supreme Court issued its opinion in City of Dickinson v. Texas Windstorm on February 15. The Court ruled in Texas Windstorm's and the IADC's favor. To read the opinion, click here. To read the amicus brief the IADC filed in the case, click here.
Here are the latest IADC resources since the last issue of the Docket:
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International Corporate Counsel College SAVE THE DATE October 24 - 25, 2019 Swiss Re Centre for Global Dialogue Rüschlikon, Switzerland Registration and full program details will be available in late spring, but please save the date for the International Corporate Counsel College. The 2019 International Corporate Counsel College will take place October 24 and 25 at Swiss Re Centre for Global Dialogue in Rüschlikon, Switzerland. The International Corporate Counsel College brings together in-house counsel and their law firm counterparts for two days of education and discussion on the latest legal issues affecting global companies. This distinctive meeting format creates an intimate environment, providing the opportunity for in-house counsel and their trusted advisors to gain knowledge together and spend time with others who face similar issues. For up-to-date conference information, visit the International Corporate Counsel College page on the IADC website.
Upcoming Events
We offer our sympathy to the family and friends of this IADC member.
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For information about Regional Meetings, Webinars, or these events, visit our Upcoming Events page.
GET SOCIAL
SAVE THE DATE FOR OUR 2020 MEETINGS 2020 Midyear Meeting, February 22 - 27, The Inn at Spanish Bay, Pebble Beach, California USA 2020 Annual Meeting, July 4 - 9, Fairmont Chicago, Chicago, Illinois USA
Jay Chock, Portland, Oregon USA
NOMINATE If you'd like to nominate someone for IADC membership, click here.
In Memoriam
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April 11 - 12, 2019 Corporate Counsel College The Ritz-Carlton Chicago, Illinois USA May 30, 2019 Professional Liability Roundtable New York University School of Law New York, New York USA July 7 - 12, 2019 Annual Meeting The Omni Grove Park Inn Asheville, North Carolina USA July 27 - August 2, 2019 47th Annual Trial Academy Stanford Law School Palo Alto, California USA October 24 - 25, 2019 International Corporate Counsel College Swiss Re Centre for Global Dialogue Rüschlikon, Switzerland