“In any moment of decision, the best thing you can do is the right thing. The worst thing you can do is nothing.” ― Theodore Roosevelt This issue of the IADC Docket will be my last as president of our wonderful organization. The above quote by President Roosevelt summarizes our approach to leadership this year: attempting to do the right thing: moment by moment; decision by decision. Your board has worked diligently to ensure the continued vitality and solvency of the IADC. Your Committee Chairs have continued the organization’s tradition of outstanding programming and successful networking. Your Foundation has expanded our efforts to make our communities better, and encouraged us to do all we can for the greater good. Your IADC staff has exceeded all expectations of excellent service, and elevated us to even greater prominence in the defense bar and legal space. Your fellow members have demonstrated brilliance in and out of the courtroom, representing our organization with professionalism and tremendous grace. This is the IADC! Check out this issue of the Docket to get caught up on our recent accomplishments, and get a sense of what lies ahead. I am certain that you will see the value in your membership, and resolve to get more engaged. Each One, Reach One! It has been an absolute pleasure and honor serving as your president, and my family looks forward to connecting with you in Asheville for the Annual Meeting and in the future! One World. One Mission. One IADC.
Election Information The IADC circulated the 2019-2020 Election Information at the end of May. At the upcoming Annual Meeting, we will be electing new members to the IADC Board of Directors. Open positions that will be filled include President-Elect, Vice President of Corporate, Treasurer-Elect, and three at-large Board members. Information can be found here. We encourage your participation in this process. You can offer comments on any or all positions that are open. We look forward to seeing you at The Omni Grove Park Inn, but if you are unable to attend and give your comments in person, please consider sending comments to Nominating Committee Chair Tripp Haston with copy to Mary Beth Kurzak, Executive Director. All comments are confidential and relayed only to Committee members. For helpful suggestions on how to prepare your comments, click here.
Craig A. Thompson IADC President
2019 | Issue 3
President's Message is continued on page 11.
President's Message
www.iadclaw.org
2014 | Issue 4
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
International Corporate Counsel College
3
Annual Meeting - Join Us!
4
Corporate Counsel College Recap
Professional Liability Roundtable Summary
5
Regional Meeting Recaps
6
Committee Chair Corner Articles
7
Diversity and Inclusion Award Winner
8
New Members
9
Sponsors
10
IADC Successes
12
Member Resources
13
IADC In the News
14
Lawyers for Civil Justice Update
15
Benefits of Membership
16
Upcoming Events
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 New Hope, Pennsylvania USA Vice President of International Colin Loveday Sydney, Australia
2019 | Page 2
2019 | Page 3
International Corporate Counsel College REGISTRATION AND BROCHURE NOW AVAILABLE October 24 - 25, 2019 Swiss Re Centre for Global Dialogue 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. This year's theme is "Law=Change: Navigating Unsteady Waters with the Rule of Law" and programming will highlight topics such as risk management, global compliance programs, GDPR, legal privilege, in-house legal set-up, smart contracts, and international disputes. Registration is now open! Register online or by filling out the registration form and fax it to the IADC office at 1.312.368.1854. Click here to view the program brochure. The 2019 International Corporate Counsel College will take place October 24 and 25 at Swiss Re Centre for Global Dialogue in Rüschlikon, Switzerland. For up-to-date conference information, visit the International Corporate Counsel College page on the IADC website.
Join us in Asheville, North Carolina at the 2019 Annual Meeting! We have great programming planned, fun social events, and time allotted to enjoy the area. To register and for all details on the 2019 Annual Meeting, please visit the Annual Meeting page on the IADC website.
2019 | Page 4
The 2019 Corporate Counsel College was held April 11 and 12 in Chicago at The Ritz-Carlton. Attendees enjoyed the intimate and interactive atmosphere and dynamic learning for the in-house and outside counsel legal team. The programming featured exceptional panelists and included keynote speaker, St. John’s University Professor John Q. Barrett. Thank you to Corporate Counsel College Dean Joe O’Neil and the College Advisory Board for all of their hard work to put together this excellent conference. Thank you to our sponsors Baker Tilly, Exponent, and Lighthouse for helping make this conference possible.
IADC members are the best of the best! If an opportunity arises to refer business, please Think IADC First.
In Memoriam
John Costello Rapid City, South Dakota USA
NOMINATE If you'd like to nominate someone for IADC membership, click here.
We offer our sympathy to the family and friends of this IADC member.
Professional liability roundtable summary The Professional Liability Roundtable is a half-day program that is unique for the IADC, combining an outstanding educational opportunity with the kind of intimate networking and interaction between industry professionals and outside counsel that only the IADC can provide. This year's well-attended event was held on May 30 at New York University School of Law. In addition to the regular professional liability programming, this year we added a medical liability track option. Both tracks provided the audiences with outstanding programming throughout the afternoon. Attendees also enjoyed a networking reception following the programming. Thank you to PLR Program Chair Cal Watson of Sowell Gray Robinson Stepp & Laffitte, MLR Program Chair Doug Vaughn of Deutsch Kerrigan, LLP, and their Planning Committees for their hard work in putting together the program. Additionally, thank you to the moderators and panelists for their expert contributions and to event sponsor Minnesota Lawyers Mutual for their continued support.
2019 | Page 5
2019 | Page 6
Midwest Regional Meeting - Chicago, Illinois USA - April 10, 2019 Attendees included Corporate Counsel College registrants and their guests, as well as many local members. This was a great opportunity for all attendees and members in the area to connect before the Corporate Counsel College. Thank you to Host Chuck Cole of Lewis Brisbois Bisgaard & Smith LLP. Southwest Regional Meeting - Houston, Texas USA - April 18, 2019 Our Texas members had a wonderful evening together in Houston! The event kicked off with a CLE program on “The Implications of Retaining Public Relations Firms on Attorney-Client Privilege" by IADC member Alex Hagan. Attendees then enjoyed a cocktail hour followed by a group dinner at a nearby steakhouse. Thank you to Host Joe Cohen of Porter Hedges LLP. Singapore Corporate Counsel Symposium and Asian Regional Meeting - Singapore - May 9-10, 2019 Hosted by Tan Chuan Thye SC of Rajah & Tann Singapore LLP, the Singapore Corporate Counsel Symposium was held in collaboration with the Singapore Corporate Counsel Association on May 9. Panelists discussed the most pertinent issues surrounding the top of every corporate counsel’s agenda. The Symposium was followed by the Regional Meeting hosted by Benjamin Gaw of Drew & Napier LLC. More than fifty members and guests attended a full day of programming. European Regional Meeting - Istanbul, Turkey - May 31, 2019 Istanbul marked our second European Regional Meeting this year! Thank you to our host Döne Yalçin of CMS Turkey for all her hard work in putting together a fantastic event for our twenty-five members and guests from Europe and beyond. Attendees met for a full day of programming and camaraderie with additional planned excursions to explore the city of Istanbul. Canadian Regional Meeting - Toronto, Ontario Canada - June 4, 2019 The IADC wrapped up its year of Regional Meetings with one last stop in Toronto! The bustling Canadian city welcomed more than forty IADC members and guests for an afternoon of outstanding programming followed by a reception and group dinner. Thank you to our Hosts Grant Worden of Torys LLP and Susan Gunter of Dutton Brock LLP.
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.
Bill Ruskin Toxic and Hazardous Substances Litigation Committee
Jessie Zeigler Product Liability Committee
2019 | Page 7
Mark Hansen Medical Defense and Health Law Committee
Sandy Wunderlich Intellectual Property Committee
We are pleased to announce that the IADC Diversity and Inclusion Committee is presenting its first award at this year's Annual Meeting. The recipient is the Diverse Attorney Pipeline Program (DAPP). DAPP, a non-profit organization founded to advance opportunities for women of color and the creator of DAPP Direct, the first and only national job placement fair for women of color law students. “We are thrilled to launch the IADC Diversity and Inclusion Award to help raise awareness of the value of and need for a diverse and inclusive legal profession,” said IADC President and Venable LLP partner Craig A. Thompson. “We congratulate the DAPP as the inaugural recipient of the award as an organization that has helped talented and highly qualified women of color get hired, retained, and promoted at large law firms across the country.” The IADC Diversity and Inclusion Award recognizes an individual, group, organization, company or country that has championed diversity and inclusion within the legal profession. The recipient also has taken purposeful, tangible actions that have yielded positive outcomes in helping to achieve diversity and inclusion in the legal profession and/or has significantly advanced understanding of the need for diversity and inclusion in the profession. “The IADC recognizes that diversity and inclusion is a core tenet and central to our organization,” said Bonnie Mayfield, Chair of the IADC’s Diversity and Inclusion Committee and of the Employment Law Committee. “This award is designed to identify and honor those persons or entities who have championed diversity and inclusion in the legal profession through meaningful and tangible actions. We believe what gets recognized gets repeated.” Mayfield, who is a product liability and labor and employment defense lawyer at Dykema Gossett PLLC, stressed that the legal profession is not where it needs to be in terms of increasing diversity and inclusion, and that recent studies on diversity in the profession confirm that that African American/Black equity partners are rare and may even be declining. “DAPP is precisely the type of organization that the IADC wants to recognize and celebrate through this award for its tangible contributions to helping diverse individuals succeed in the legal profession,” Mayfield added. Founded in 2014, DAPP is a non-profit corporation that addresses the continued and systemic decline of women of color lawyers in law firms and across other coveted positions in the legal profession. Through its scholars program and national job placement program, DAPP Direct, DAPP works to expand opportunities for women of color law students to succeed in law school and secure paid summer positions at law firms and corporations following their first year of law school. DAPP Direct pairs law firms with women of color in-house counsel who interview on their behalves and place talented, first-year women of color law students in paid law firm internships across the nation. The DAPP Scholars Program, run in Chicago, Illinois, provides scholars with placement assistance, academic support, coaching, counseling, book stipends, tutoring, seminars and workshops, tailored professional development, mentorship, and more. DAPP was started by two African-American female attorneys who graduated from law school during the height of the recession, and through their leadership positions in minority bar associations and diversity organizations, witnessed the barricades to, and rapid decline of, women of color in big law. In honor of the award, the Foundation of the IADC will be giving a $5,000 grant to DAPP to support its work. To learn more about DAPP and to contribute to support its efforts, please visit https://dapprogram.org/.
2019 | Page 8
IADC Announces Diverse Attorney Pipeline Program as Inaugural Winner of Diversity and Inclusion Award
Ellen A. Brinkman Briggs and Morgan, PA Minneapolis, MN USA Jason Britt Textron Specialized Vehicles Augusta, GA USA Elizabeth Sorenson Brotten Foley & Mansfield, PLLP Minneapolis, MN USA J. Pablo Caceres Butler Weihmuller Katz Craig LLP Tampa, FL USA James R. Coltharp, Jr. Whitlow, Roberts, Houston & Straub, PLLC Paducah, KY USA Laura M. Kidd Cordova Crowell & Moring Washington, DC USA Robert Cox Glassman, Wyatt, Tuttle & Cox, P.C. Memphis, TN USA Lucy R. Dollens Quarles & Brady LLP Indianapolis, IN USA Michael W. Eady Thompson, Coe, Cousins & Irons, LLP Austin, TX USA Joel D. Eagle Thompson Hine LLP Cleveland, OH USA Laura J. Eakes Walker & Eakes LLC Anchorage, AK USA June J. Essis Weber Gallagher Simpson Stapleton Fires & Newby, LLP Philadelphia, PA USA Heather Russell Fine Marshall, Dennehey, Warner, Coleman & Goggin Philadelphia, PA USA Sherylle A.O. Francis Ackerman LLP Fort Lauderdale, FL USA William P. Geraghty Shook, Hardy & Bacon L.L.P. Miami, FL USA Edward P. Gibbons Walker Wilcox Matousek LLP Chicago, IL USA Lars E. Gulbrandsen Quarles & Brady LLP Milwaukee, WI USA Amy Guldner Tokio Marine Claims Services Pasadena, CA USA Rochelle Gumapac White and Williams LLP Wilmington, DE USA John S. Guttmann Beveridge & Diamond Washington, DC USA Duarte G. Henriques BCH Lawyers Lisbon, Portugal Michaela Herron Mason Hayes & Curran Dublin, Ireland Kelly Hodges Hodges Walsh & Burke, LLP White Plains, NY USA William J. Hubbard Thompson Hine LLP Cleveland, OH USA Shannon R. Joseph Morningstar Law Group Raleigh, NC USA Edwina V. Kessler Catri, Holton, Kessler, & Kessler, P.A. Fort Lauderdale, FL USA Nathan D. Leming Baker Sterchi Cowden & Rice LLC. Saint Louis, MO USA Stephanie E. Lewis Jackson Lewis P.C. Greenville, SC USA William Linero, Jr. Butler Weihmuller Katz Craig LLP Tampa, FL USA Kellen J. Mathews Adams and Reese LLP Baton Rouge, LA USA Jason P. Mehta Bradley Arant Boult Cummings LLP Tampa, FL USA Christy M. Mennen Nilan Johnson Lewis PA Minneapolis, MN USA Chié Nakahara Nishimura & Asahi Tokyo, Chiyoda Japan Shannon Nessier Hanson Bridgett LLP San Francisco, CA USA Jodi Dyan Oley Eckert Seamans Cherin & Mellott LLC Philadelphia, PA USA John T. Pion Pion, Nerone, Girman, Winslow & Smith, P.C. Pittsburgh, PA USA George Power Johnson & Johnson Medical Sydney, Australia Diane Pradat Pumphrey Wilkins Patterson Smith Pumphrey & Stephenson, P.A. Jackson, MS USA Sherry A. Rozell McAfee & Taft Tulsa, OK USA Gina M. Saelinger Ulmer & Berne LLP Cincinnati, OH USA Charles Scott Schwager Waste Management, Inc. Houston, TX USA Gabriel Sidere CMS Cameron McKenna Nabarro Olswang LLP S.C.P. Bucharest, Romania Bryan E. Stanton Pierce Couch Hendrickson Baysinger & Green LLP Tulsa, OK USA Walker S. Stewart Hall, Bloch, Garland & Meyer, LLP Macon, GA USA Sabrina H. Strong O'Melveny & Myers LLP Los Angeles, CA USA Carmen R. Toledo King & Spalding LLP Atlanta, GA USA Lisa Wychgram Kluzik The Doctors Company Chicago, IL USA Hans Georg Ziller Gruenenthal Pharma GmbH & Co KG Aachen, Germany
WELCOME NEW MEMBERS
Click on a new member's name to view their firm or LinkedIn profile.
2019 | Page 9
Baker Tilly Berkeley Research Group, LLC Exponent InCourt Technologies Lighthouse eDiscovery Minnesota Lawyers Mutual Insurance Company MRC SEA, Ltd. Trial Behavior Consulting
Thank You to Our Sponsors
2019 | Page 10
2019 | Page 11
President's Message continued...
2019 | Page 12
Click on the member's name to view their firm or LinkedIn profile.
Stephanie M. Rippee and Lanier Brown, members at Watkins & Eager, PLLC, obtained a jury verdict in a fraudulent conveyance action in Sumter County, Alabama on March 20. Anthony J. Fernandez, a partner at Quintairos, Prieto, Wood & Boyer, P.A., achieved a defense verdict in a jury trial for a board certified emergency medicine physician. Döne Yalçın, a partner at CMS Turkey, was appointed to the Management Committee of CMS in Vienna. Jennifer G. Cooper, a shareholder at Baker Donelson, was named the Chair of the firm's Product Liability and Mass Tort Group. Scott D. Marrs, Regional Managing Partner - Texas for Akerman LLP, was appointed a Fellow of the Chartered Institute of Arbitrators, a leading professional membership organization representing the interests of alternative dispute resolution practitioners worldwide. Matthew Moscon was named the new office managing partner for Stoel Rives' Salt Lake City office. Todd Wooten, an attorney with Dover Dixon Horne, obtained a summary judgment on behalf of a psychologist in a medical malpractice action. J.T. Wilson III, a partner with Dinsmore & Shohl LLP, secured a favorable outcome for a railroad client in an alleged FELA negligence case. M.C. Sungaila, a partner at Haynes and Boone, LLP, was named one of the Top Women Lawyers in California by the Daily Journal for the 10th year in a row. Michael Aylward, a senior partner at Morrison Mahoney LLP, was elected to a one-year term as President of the American College of Coverage Counsel. Christopher C. Lam, managing partner of the Bradley Arant Boult Cummings LLP Charlotte office, was installed as president of the Mecklenburg County Bar for 2019-2020. Michael W. Magner, a partner at Jones Walker, secured a complete trial victory for an accused captain following a four day jury trial.
IADC RESOURCES
2019 | Page 13
WEBINARS - Emerging Trends in Slack-Fill Litigation: April 4 (Presentation and Recording) - Moving Diversity and Inclusion Forward: A Conversation with Justice Michael H. Tulloch and Judge Shira Scheindlin on Tips for Success From the Bench: April 17 (Presentation and Recording) - How Personal Jurisdiction is Slowly Reshaping Toxic Tort Litigation: May 1 (Presentation and Recording) - Product Liability: What Should Worry You in the EU?: May 15 (Presentation and Recording) COMMITTEE NEWSLETTERS From March 28 to June 14, IADC Committees published 11 newsletters. The following Committees published newsletters during this time: Corporate Counsel; Drug, Device and Biotechnology; Employment Law; Insurance and Reinsurance; Medical Defense and Health Law; Product Liability; 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, Registrar, at mjuarez@iadclaw.org. DEFENSE COUNSEL JOURNAL To access the current issue of the Defense Counsel Journal, click here. AMICUS CURIAE BRIEFS The Amicus Committee filed a brief for Monster Energy vs. Schechter, a case pending in front of the California Supreme Court 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." 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:
IADC In The News
2019 | Page 14
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.
Andrew Kopon Jr. was interviewed by Chicago Lawyer for the article "Playing defense: Special interrogatories, workers' comp exemptions and BIPA are three trends to watch in Pritzker's Illinois." (April 1) Harmon C. Hayden authored the article "Follow the settlements...The Supreme Court ends the winding legal journey of a reinsurance contract that did not contain a 'follow-the-settlements' clause" for Canadian Underwriter. (April 14) Constance Endelicato was interviewed by Part B News for the article "Professional liability expert weighs in on protecting your practice from opioid doc arrest fallout." (April 17) Tom Buckley authored the article "Q is for Concrete: A summary of OSHA regulations governing concrete construction" for Modern Contractor Solutions. (April 2019) The IADC was mentioned in the article "Monster Energy Says Confidentiality Agreement Binds Lawyer" in Bloomberg Law in relation to the amicus brief we filed. (May 7) Chris Drewry authored the article "Learning Curves & Lost Productivity Claims" for Modern Contractor Solutions. (May 23) Glenn Duhl authored the article "Gratuities in the Restaurant Industry - What's Going On?" for Modern Restaurant Management. (June 7)
2019 | Page 15
Member Spotlight - LCJ Expert Evidence Committee Co-Chair Lee Mickus What practice areas does your work most revolve around? I focus on product liability defense, and in particular trials, dispositive motions, and discovery involving experts and corporate knowledge. What would you say are some of your key accomplishments within those areas? I have tried product liability cases successfully to verdict in more than ten states across the country, and I have especially enjoyed drawing on this courtroom experience to develop legislation affecting civil liability issues such as punitive damages, seat belt evidence admissibility, and product liability. What inspired you to get involved with Lawyers for Civil Justice? I came to LCJ to pursue my interest in reforms that make a meaningful impact on how courts address civil litigation and how parties are affected. LCJ has taken a major role in shaping revisions to the Federal Rules of Civil Procedure. What specific LCJ efforts have you been most involved in, and what role have you played? Most recently I worked on several of LCJ's comments on proposed amendments to Rule 30(b)(6), and I testified before the Advisory Committee during the Phoenix hearing on those issues. Prior to that, I worked with the Discovery Committee on the Rule 26 and Rule 37 amendments and testified at the Dallas Advisory Committee hearing on those proposals. What was it like to testify in front of the Federal Rules of Civil Procedure Advisory Committee regarding proposed amendments to Rule 30(b)(6)? Testifying in Phoenix was a career highlight for me. The committee members were deeply engaged in the issues and genuinely interested in hearing from experienced practitioners about how the proposed amendments would change the discovery process and potentially create new efficiencies or new problems. What future accomplishments do you hope to achieve in your new role with the LCJ Expert Evidence Committee? My goal is to engage the legal community in a productive discussion about how to ensure that proposed expert testimony receives sufficient scrutiny. The integrity of the trial system depends on filtering out dubious opinion testimony to prevent distracting and misleading a jury. Do you have a favorite rule? I'd say Rule 1 with its aspiration for "the just, speedy, and inexpensive determination of every action" is my overall favorite, although I would like to see it taken more to heart. Rule 1 ought to set the tone for how all aspects of litigation are conducted and the mindset parties and judges should bring to court.
Lawyers for Civil Justice Update Did you know the IADC is one of the original founders of LCJ? Learn more about the newly appointed Expert Evidence Chair below.
Text
BENEFITS OF MEMBERSHIP To learn about some of the key ways you can utilize the benefits included in your membership, view our Welcome Membership Packet.
For information about Regional Meetings, Webinars, or these events, visit our Upcoming Events page.
GET SOCIAL
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
2019 | Page 16
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 February 22 - 27, 2020 Midyear Meeting The Inn at Spanish Bay Pebble Beach, California USA April 16 - 17, 2020 Corporate Counsel College The Ritz-Carlton Chicago, Illinois USA
IADC Merchandise Available!
