February 27 – March 6, 2010

FDCC Winter Meeting 2010 February 27 – March 6, 2010

©Disney

Disney’s Grand Floridian Resort & Spa Walt Disney World ®, Florida “We have always tried to be guided by the basic idea that in the discovery of knowledge there is great entertainment.” –Walt Disney

Dear Friends,

The scales of justice have been out of whack for some time now and we would like your help in bringing things back into balance. Haven’t you felt it? Too much time is spent checking our emails and not enough time riding the monorails! What happened to all those things we dreamed of doing as children . . . being splashed by a whale, flying on a magic carpet, or winning the family cannonball contest? It is with this desire to put the fun back into our busy lives that we invite you to come be a part of our 2010 FDCC Winter Conference in Disney World where we will work hard and play harder!

You and your family will have the opportunity to explore four theme parks, delight in delectable restaurants, and enjoy ©Disney accommodations in Disney’s most luxurious and conveniently located hotel—The Grand Floridian Resort and Spa. The Grand (as the Disney folks call it) is a classical, Victorian-style hotel that offers all the charm of southern hospitality, along with the elegance and superior amenities that have made Disney famous. This magnificent hotel sits along the white-sand shores of Seven Seas Lagoon, and is one monorail stop from the Magic Kingdom theme park and a short walk to the Polynesian Resort and Spa.

Our hard-working president and first lady, Mike and Jenny Lucey, and your fun loving convention chairs, Robbie and Lib Foster, have planned a conference that will pamper, relax, excite, and educate you . . . all wrapped up in the warmth of the FDCC family we love so much. Vicki Roberts, our program chair, has planned an illuminating and provocative, education-filled week of CLE and entertainment—David Maister, Trial Masters 2010, Bud Krogh (Watergate fame), and much, much more.

Activities begin with early week cocktail receptions around the wonderful Grand Floridian marina, pools, and white sand beaches. Once the full conference activities start on Tuesday, buckle up and prepare for even more fun and excitement. A Great Gatsby President’s Reception, an Indiana Jones spectacular theme party (yes, we will rent out part of the Hollywood Studies Theme Park – WOW is the word), our first-ever FDCC Fashion Show, golf, fishing tournament, behind the scenes Disney tour, and much more. There will be plenty of time for families to explore the Disney parks on their own. We have arranged professional Disney personnel to help you with all your Disney planning needs and desires. Some very exciting youth activities are scheduled during the evenings, so make sure to bring the entire family.

And for those who may be a little Mickey phobic, fear not, you can live the Grand life right where you are; a relaxing full-service spa and salon, fitness center, tennis courts, golf courses, marina for boating activities right on site, daily entertainment in the lobby, three luxurious swimming pools, and even a white beach with cabanas are yours for the asking.

So, please join us in this week-long adventure of fun with friends and your entire family to return balance to lady justice . . . and prove once and for all, FDCC can Work Hard and Play Harder!

Mike and Jenny Lucey Robbie and Lib Foster President and First Lady Convention Chairs

2 Meeting Information

REGISTRATION FOR CREDIT CARD MEETING: PROCESSING Registration forms must be received no later INFORMATION: than January 15, 2010. Hotel reservations at Visa, MasterCard, and American Express will be Disney’s Grand Floridian Resort & Spa must be accepted for convention registration payments. made by you separately. Visit the FDCC web- The $50 administrative fee is waived only when site, www.thefederation.org, for electronic regis- paying by check. tration. Other methods of registration include: Fax: Send the completed form with credit card For more information, please contact the FDCC payment by fax to (813) 988-5837 office at 813-983-0022 or mstreeper@thefederation.org. Mail: Along with credit card information or check, mail your completed form to: REGISTRATION FEES: FDCC 2010 Winter Meeting The registration fees include the base registra- 11812 North 56th Street tion cost and charges for the President’s Recep- Tampa, Florida 33617 tion, Theme Party, Black Tie Dinner and Dance, cocktail receptions Saturday, Sunday, and REGISTRATION OPTIONS: Monday, and the FDCC breakfasts Wednesday Electronic registration will be available through through Saturday. January 15, 2010 on the FDCC website. To register online, log in as a member and click on HOTEL RESERVATIONS: “Meeting Registration” listed on the left under All FDCC members are encouraged to book Member Services. Select the appropriate meet- their room accommodations early. Hotel res- ing registration link, complete the form, and ervations may be made directly with Disney’s click submit. You will receive an email confir- Grand Floridian Resort & Spa at (407) 934- mation immediately. Please contact the FDCC 3372. The FDCC has a group rate at Disney’s office at 813-983-0022 if you need to make any changes or corrections to your registration. By fax, complete the registration form and send it to 813-988-5837. Payment by credit card is required if registration is done by fax. If you prefer to mail your completed registration form, please send it, along with credit card information or check, to: FDCC 2010 Winter Meeting 11812 North 56th Street Tampa, FL 33617

Defense Counsel Registration Form Corporate Counsel Registration Form

3 ©Disney Meeting Information

Grand Floridian Resort & Spa, which depend- CANCELLATION POLICY: ing on the room type and/or view, ranges from We hope you will not have to cancel or ask for a $310 per night. Be sure to mention you are with refund once you have registered for the conven- the Federation of Defense & Corporate Counsel tion. We realize, however, that trial schedules to receive the group rate. and last minute emergencies may require cancellation and a request for a refund. Please be THINGS TO KNOW: advised of the Board approved refund policies. For complete information about the Grand Flo- 1) A refund of registration fees, less $75 and ridian and its features, visit www.disneyconven- any applicable credit card fees, will be given if tionears.com/grandfla. Here you will find special written notice is received by the FDCC office benefits that will be available to you as a guest before the registration deadline of January 15, at the Grand Floridian: 2010. • You can find the special benefits that will be available to you as a guest at the Grand Floridian: 2) No refunds will be given if notice of cancel- • Disney’s Magical Express Transportation lation is received after January 15, 2010. (407-827-6777) , the new service that picks you 3) Amounts refunded by payments made by up at Orlando International Airport and offers credit card will include a deduction for the “hands-free” luggage delivery of your bags from amount the credit card company charges the the plane directly to your room, and then in-hotel FDCC. boarding pass service and a return shuttle to Or- lando International. 4) In the event of “special circumstances,” • Extra Magic Hours offered each day when such as illness or unforeseen family/professional one of the Disney Theme Parks opens an hour emergencies, this refund policy may be suspend- early or stays open three hours after closig so ed or modified (based upon the members written Disney guests can enjoy select attractions. request), only by action of the President upon recommendation of the Convention Chair. • Driving Directions; • Dining and Nightlife; 5) To cancel hotel reservations, call the hotel directly at 407-934-3372. The hotel’s refund and • and a multitude of other needed facts about planning your trip.

©Disney

4 Meeting Information

cancellation policies will control. The Conven- tion Chair has no authority to modify the hotels cancellation and refund policies. 6) Charges paid to the FDCC for separate events and/or tours may be refunded in whole or in part. This decision will be made on a case-by- case basis by the Convention Chair. Members seeking reimbursement for these payments must submit a written request to the Convention Chair. The decision to refund fees will be based, in part, upon the timing of the cancellation and whether there are available convention funds from which to make the refund. Please note, refunds of any payments to independent third parties for tours and other events or services are not the responsibility of the FDCC. Requests for refunds must be made directly to those entities.

Climate: Average temps range from 70-80 degrees in the daytime and 50-70 in the evenings. There is usually plenty of sunshine and days are rain- free. A light jacket may be required, and on the whole, Orlando weather will be a pleasant escape from winter in other parts of the country. ATTIRE: To assist you in your packing, see the suggested attire listed under each event.

KIDS ACTIVITIES: An electronic letter will be sent to members who are attending with children outlining their activities. Look for it soon by email!

More Information: Disney: www.disneyconventionears.com Orlando Area: www.orlandoinfo.com SeaWorld: www.seaworld.com/orlando Universal: www.universalorlando.com ©Disney

5 Activitiesfor the Week

Sunday, February 28, 2010 9:00 a.m. – 4:00 p.m. FDCC Registration

5:30 p.m. – 6:30 p.m. Patio Reception Enjoy a cocktail with FDCC friends at the Grand Floridian’s Summerhouse patio and sand beach. It promises panoramic views of the hotel and Seven Seas Lagoon. Dress is casual.

6:45 p.m. – 10:00 p.m. An Evening With Magic - Orlando Magic NBA Basketball game. Be entertained by Eastern Conference Saturday, Champions Orlando Magic basketball team as February 27, 2010 they host play-off team Miami Heat. Two of the NBA’s brightest superstars and Olympic 2:00 p.m. – 5:00 p.m. Gold Medalists – Dwight Howard (Magic) and FDCC Registration Dwayne Wade (Heat) – square off in an NBA shoot out. Buses will transport you to and from 5:30 p.m. – 6:30 p.m. the Orlando Arena. Tickets are limited for this Welcome Reception at the Grand Floridian event. We must receive your request for tickets Marina by December 1, 2009. Join the FDCC officers and the Board of Direc- tors in welcoming the DRI Board of Directors to the 2010 Winter Meeting. Come enjoy the Monday, sunset and catch up with friends as we gather March 1, 2010 at the Marina Patio & Terrace overlooking the Magic Kingdom Castle. Dress is casual. 9:00 a.m. – 4:00 p.m. FDCC Registration

12:30 p.m. – 6:00 p.m. Afternoon at Sea World Join the FDCC family for an afternoon at the wonderful aquatic Sea World Park. Group tickets and bus transportation makes this afternoon the best way to visit this Park. Ever been “Shamued”. . . .? Prepare for a splash!

6 monday, Whether you are focusing on energizing an inhouse team of professionals, or members of March 1, 2010 your firm, or working with a client, David will provide insight into how best to energize your 6:00 p.m. – 7:00 p.m. team to collaborate and be willing to invest in Cocktails by the Pool their future together. Relax on the Whitehall Patio overlooking the 9:00 a.m. – 10:00 a.m. Magic Kingdom Castle. Enjoy the great Florida Morning Hospitality outdoors and a cocktail with friends. Dress is for the Week Join Jenny, Ann, Jan, and Gretchen in the Presi- casual. dent’s Suite for coffee and tea overlooking the Magic Kingdom Castle. All FDCC spouses and Tuesday, guests are invited for a casual hour of fun and fellowship. March 2, 2010 8:00 a.m. – 12:00 noon 9:00 a.m. – 4:00 p.m. Plenary Session FDCC Registration

David Maister – “Are We In This Together?” 10:00 a.m. – 4:00 p.m. David Maister has long been recognized as the Tour to Winter Park pre-eminent expert on managing professionals Want to see more of beautiful Orlando than and clients. As those of you who have heard Da- Mickey’s world? Come join us for a relaxing af- vid before know, he is both insightful and amus- ternoon with FDCC friends as we tour historical ing. His presentation will focus on better client Winter Park by a scenic boat ride. The one hour relationships, incorporating points from his most ride cruises through beautiful lakes and canals, recent book, Strategy and the Fat Smoker. gives guests an up close look at Rollins College,

Activitiesfor the Week

7 ©Disney Activitiesfor the Week

5:00 p.m. – 6:00 p.m. New Members’ Reception (by invitation only)

6:00 p.m. – 7:00 p.m. New Members’ Orientation (by invitation only)

6:30 p.m. – 10:00 p.m. Tuesday Night Children and Youth Dinner and Activities Ages 4 – 10 Disney would not be complete without celebrat- ing as a princess or a pirate! Join your FDCC friends for a Pirate and Princess Party for an Photo credit: Paul Dimbath evening of dinner, fun, games, crafts. You can come as you are, or dress as your favorite pirate Tuesday, or princess. There will be special entertainment, March 2, 2010 movies, and lots of surprises. Ages 11 & Up Kraft Azalea Gardens, Isle of Sicily, tropical Are you ready for adventure and a little compe- birds, plants, flowers, and magnificent mansions. tition? Join your FDCC friends for special fun The group will lunch at leisure on Park Avenue and set out for MouseQuest at one of the Disney and then be treated to a visit to the Charles theme parks! You’ll explore and experience the Hosmer Morse Museum. It houses the world’s most magical place on Earth as you compete most comprehensive collection of the works of against the clock and other “questing” friends. Louis Comfort Tiffany. This is an excursion not You’ll be on a “hair-raising” expedition that will to be missed! have you experiencing attractions, in addition to peering at windows and snooping in corners. 1:30 p.m. – 4:30 p.m. Your quest will begin with a brief introduction Disney Institute – Innovation In Action to the evening’s events, team assignments, and Did you know Disney World’s Magic Kingdom getting your “Survival Pack.” This party will be is built on top of a vast network of hidden tun- one that you will not want to miss! nels? Have you ever wondered why you never see a delivery truck or any type maintenance 7:00 p.m. – 10:00 p.m. vehicle in the Magic Kingdom? If you have ever The Great Gatsby President’s Reception wondered what goes on behind the scenes at the Calling all flappers and philanthropists! Come Magic Kingdom, then this tour is a must. Show- and join President and First Lady Mike and casing Disney’s attention to detail, you will get Jenny Lucey on the Great Lawn as they an unforgettable glimpse into a side of Disney welcome you to the 2010 Winter Conference World most guests never see. Participants must in Great Gatsby style. Capturing the glamour be at least 16 years of age. of the speak-easy, flapper girls and charleston

8 Tuesday, March 2, 2010

style, guests will enjoy optional 1920’s dress, great food, tasty libations (sorry, no bathtub gin for FDCC), and an amazing Florida sunset overlooking the Seven Seas Lagoon. The Great for the Week Lawn also provides the perfect viewing spot for the Magic Kingdom’s 9pm fireworks display. Attire for the gentlemen is sports coat. Ladies should wear cocktail attire. High heels, however, are not recommended due to the grassy lawn.

Wednesday, ©year/Lucasfilm Ltd & TM March 3, 2010 7:00 a.m. – 10:00 a.m. FDCC Breakfast 10:00 a.m. – 1:00 p.m. 8:00 a.m. – 9:35 a.m. FDCC Registration Substantive Law Section Meetings (See CLE section page 20 for details) 12:30 p.m. – 3:30 p.m. Fishing Tournament 9:45 a.m. – 12:00 noon Our fishing tournament will be right from the Plenary Session Grand Floridian Marina and into the Seven Seas (See CLE section page 22 for details) Lagoon. Very convenient, and the bass fishing is advertised as excellent. No state fishing license 10:00 a.m. – 11:30 a.m. needed, and all tackle and your fishing guide is Book Club provided. Lunch will be included. Always entertaining, Mary Alice Collins has done it again with her selection for the Orlando 6:30 p.m. – 10:00 p.m. meeting of the FDCC Book Club. Last Train to Indiana Jones Theme Party Paradise, by acclaimed novelist Les Standiford, You won’t want to miss this night at Disney’s offers a fast-paced and gripping true account of Hollywood Studios. Come join the fun at the the extraordinary construction and spectacular de- Indiana Jones Epic Stunt Theatre. Indy will mise of the Key West Railroad – one of the great- dodge spears and blow darts as he seeks to est engineering feats ever undertaken, destroyed retrieve the golden idol. It will be a show full in one fell swoop by the Labor Day hurricane of of life-threatening surprises. So come as your 1935. Come join this group for a lively discussion favorite Indiana Jones character as we dine on of a bygone era in Floridian history and the very the streets of Cairo. It will be a feast fit for a human dream of doing the impossible. sultan! After you have had your fill of delicious

Activitiesfor the Week9 Activitiesfor the Week

10:00 a.m. – 12:00 p.m. Knitters’ Nook Back by popular demand, the FDCC Knitter’s Nook will be hosted by Wendy Trigg and Melissa Cook. So bring your current project and enjoy a relaxing couple of hours knitting, crocheting or any handwork you choose. All ages are welcome. ©Disney

12:30 p.m. – 2:30 p.m. and creative cuisine, try your luck at the exciting FDCC Fashion Show and very popular Toy Story Ride. This promises Come and take a break from the parks (and the to be an evening of great food, entertainment crowds) and enjoy a delicious lunch with even and plenty of surprises! more delicious fashions. We have selected the best that Disney’s world class boutiques have to offer, and put them all together for an afternoon Thursday, of fun and fashion. Modeling will be done by FDCC members, spouses, and even children. So, March 4, 2010 make plans to join us for this FDCC first time 7:00 a.m. – 10:00 a.m. ever event! FDCC Breakfast 12:30 p.m. – 6:00 p.m. 8:00 a.m. – 9:00 a.m. Golf Tournament Substantive Law Section Meetings This year’s tournament will be held at the (See CLE section p.23 for details) Osprey Ridge Golf course, the highest rated Disney course (4.5 stars out of 5). This course is 9:05 a.m. – 12:00 noon a short bus ride from hotel. Box lunches will be Plenary Session provided. (See CLE section p.24 for details) 6:30 p.m. – 9:30 p.m. Trial Masters Program – 2010 Dining on Your Own “The Art of Cross Examination” Pick one of the wonderful restaurants in Disney 10:00 a.m. – 12:00 noon or Orlando for your dining pleasure. Please see FDCC Registration our suggested dining list, and make reservations before you arrive at the Grand Floridian. Popu- lar restaurants get booked as much as a month in advance.

10 Thursday, Friday, March 4, 2010 March 5, 2010

7:15 p.m. – 9:30 p.m. 7:00 a.m. – 10:00 a.m. International and Diversity Dinner – Spirit of FDCC Breakfast Aloha Dinner/Show – Polynesian Resort Disney’s Spirit of Aloha Dinner Show is an 7:00 a.m. all-you-care-to-eat, family-style luau featuring Fun Run, Walk, and Swim for the Week hula dancing and fire knife dancers. Meet in the To win the trophy, a final swim will be required. Grand Floridian lobby for a short stroll over to Join Howard and Ronnie Zandman as they lead the Polynesian Resort (10 minute walk). Please you around the property and into the pool! register to attend this dinner on the meeting Registration Form. Be sure to note pricing for 8:00 a.m. – 9:35 a.m. adults and children. Substantive Law Section Meetings (See CLE section p. 25 for details) 9:30 p.m. – 11:00 p.m. Karaoke Dessert Party 9:30 a.m. – 10:30 a.m. Lights, camera, karaoke! Think you’ve got what Annual Business Meeting/Awards it takes … the desire to play a little harder? This late evening of fun is for you. Join co-hosts 10:00 a.m. – 12:00 noon Alan and Tonya Brown and Rich and Barb Traub Plenary Session as they endeavor to bring out the rock stars in (See CLE section p.26 for details) FDCC’s finest. Liquid encouragement, as well as costuming, will be available for those who need it. 10:30 a.m. – 11:00 a.m. Preview of 2010 Summer Meeting – 10:00 p.m. Munich, Germany Silent Auction Conclusion Mills and Carol Anne Gallivan Close out the FDCC Silent Auction with your final bids! 11:00 a.m. – 12:00 noon Keynote Speaker – Bud Krogh Activities“Good People, Bad Choices, and Life Lessons from the White House.” Budfor Krogh worked the in Week the Nixon White House, serving as liaison to the For professional baby-sitting FBI and coordinating Elvis’ visit to the White and/or equipment rental, please visit House. Later, he was made head of its “Special www.all-about-kids.com or call 800-728-6506. Investigation Unit” by John Ehrlichman to address the administration’s obsession with leaks to the press. The rest, as they say, is history. He later went to prison for his role in events that led to the Watergate scandal. Following disbarment in 1975, he successfully petitioned the Washington Supreme Court for re-admission in 1980. Bud has a great tale to tell, one we all lived through. It is a fascinating story, appropriately humorous, in which he uses his personal experience as a warning and an insight into the importance of integrity.

11 Activitiesfor the Week

6:30 p.m. – 7:30 p.m. Cocktails

7:30 p.m. – 11:30 p.m. Below the Barrier Reef Ball Come dressed as a sea urchin or in your finest Black Tie Attire. This night will be full of surprises and excitement you won’t want to miss. Leave your flotation devices at home — the Below the Barrier Reef Ball is taking you rockin’ under the sea! Tap your flipper and shake your fins to one of the area’s hottest nightclub bands, Ace Factor. Dive into one final evening of fine dining and dancing with your FDCC friday, friends before anchoring back down to your March 5, 2010 work desk.

6:30 p.m. – 11:00 p.m. Friday Night Children and Youth Dinner and Saturday, Activities March 6, 2010 Ages 4 – 10 7:00 a.m. – 10:00 a.m. Have you ever been to a Pajama Party with your FDCC Breakfast FDCC friends at Disney? This evening will be one of magic and fun as you come in your pjs, Build-A-Bear that you make and dress to take home, play games, make crafts, and enjoy the latest movies. The entertainment for the night will feature Jerry Darkey, an Orlando magician and balloon artist. Jerry will make special bal- FDCC 2010 ANNUAL M EETING IN MUNICH, BAVARIA, GERMANY loon sculptures for you that you can keep and

do some special magic tricks that will leave you “THE ULTIMATE FEDERATION EXPERIENCE” asking, “How did he do that?” SATURDAY, JULY 24 – SATURDAY, JULY 31, 2010 Ages 11 & Up The night’s activity will be one of fun and See you in Munich adventure as you board the bus, go to dinner at a The FDCC’s maiden voyage to the continent of Europe departs in July of 2010. Don’t miss this local pizzeria, and then on to a “Chocolate-Free- Julyboat! 24-31, The Annual 2010 Meeting in Munich promises to be the most unique in our 70 year history! For-All!” Enjoy the company of your friends as Europe provides the perfect backdrop for an international exchange of knowledge, justice, and you indulge in your chocolate cravings, do some Arabellafellowship. Westin Our goal is to make your European adventure easy, fascinating, and economical. team building, and make your own pound of OrganizedGrand Hotel activities and tours will begin on Saturday, July 24th and run continuously until chocolate treats to take home. Saturday, July 31st with “Early CLE” meetings starting on the 26th. You will not want to miss one day of “THE ULTIMATE FEDERATION EXPERIENCE”, so put the dates on your calendar, book 12 your airline tickets, and reserve your rooms now!

Munich, located in the heart of Europe, is one of the most beautiful cities in the world. It is the capital of Bavaria in southernmost Germany and lies at the base of the Alps. This picturesque city, with its breathtaking panoramas, was officially founded in 1158 on the banks of the River Isar. Its historic “Old World” charm is uniquely combined with modern cosmopolitan sophistication. Munich’s transportation system of trams, subways, cabs, buses, bikes, and rickshaws makes it easy to navigate the city, while the modern train system makes day trips to other destinations within Europe fun and affordable.

For your enjoyment during our week in Munich, you will be provided with a broad variety of activities, as we are planning to offer you the highlight experiences of the “must see and do” adventures in and around the city:

CASTLES ― The Wittelsbach family ruled Bavaria from 1180 to 1918, and two of their incredible homes, The Residenz and Schloss Nymphenburg, are in the city. The famous Schloss Neuschwanstein and Herrenchiemsee are also just a short distance away from Munich.

HISTORIC SITES ― Munich has many beautiful historic buildings and churches, especially near the Marienplatz, the center of the “Old Town.” There, you will find Munich’s famous Glockenspiel, the chiming clock with dancing figures, atop the Neues Rathaus and the Peterskirche with its bell tower, Alter Peter. Dauchau, 30 km away, is a grim reminder of the need for a strong system of justice.

MODERN BUILDINGS ― Architecturally inventive sites sit amidst the old, like the Olympiapark (1972), the “Ohel Jakob” Synagogue (2006), the BMW Museum (renovated 2008), and the BMW Welt (2008).

MUSEUMS ― Famous museums, such as the Alte Pinakothek, the Neue Pinakothek, the Pinakothek der Moderne, and the Deutsches Musuem, display world class art and engineering feats.

OUTDOOR ACTIVITIES ― There are limitless summer outdoor activities available with the rivers, lakes, and Alps at Munich’s doorstep including: log rafting down the River Isar, biking and hiking trips, and boating adventures at the nearby Starnberger See and the Chiemsee. The beautiful Englischer Garten is a recreational oasis in the middle of the city.

RESTAURANTS ― Munich boasts many fine restaurants specializing in German, Italian, French, and other international cuisines; however, it is probably best known for its beer halls and relaxed beer gardens, like the famous Hofbrauhaus, the Augustinerkeller, the Chinesischer Turm, and the Seehaus, to name a few. for the Week Diningat The Grand Floridian

Narcoosee’s

Victoria & Albert's Grand Floridian Café 407-939-3463 407-939-3463 Recipient of the annual AAA Five Diamond Grand Floridian Café offers a la carte American Award since 2000, Victoria & Albert's offers favorites daily in a casual setting overlooking incomparable cuisine and gracious hospitality the courtyard. Breakfast is served from 7:00- in a regal setting. An elite prix fixe menu paired 11:30 a.m., lunch from 11:30-2:00 p.m., and with world-class international wines is prepared dinner from 5:00-9:00 p.m. nightly in a presentation that is sheer artistry. Two seatings each evening. Fine dining at its best. Reservations required. 1900 Park Fare 407-939-3463 Enjoy a breakfast or dinner buffet with Citricos Disney characters at 1900 Park Fare. The 407-939-3463 Supercalifragilistic Breakfast features Mary Featuring a fusion of French and Mediterranean Poppins and friends daily from 8-11 a.m. Enjoy cuisine with a Florida twist, Citricos offers an a fairy tale-inspired evening during Cinderella's acclaimed dinner menu nightly from 5:30-10:00 Happily Ever After Dinner nightly from 4:30- p.m., plus an award-winning international wine 8:20 p.m. Fun for the kids. list. Excellent fine dining, but more casual than 1900 Park Fare Victoria & Albert's.

Narcoosee's 407-939-3463 Nestled on the shores of the Seven Seas Lagoon, Narcoosee's features seafood from North American waters nightly from 5:30-10:00 p.m., plus creative selections of California and international wines. Surf and turf is outstanding. Tables by the water will provide excellent viewing for the 9:00 p.m. fireworks show.

13 at Other Disney Dining Area Resorts California Grill Sanaa 407-939-3463 407-939-3463 The California Grill is upscale dining California Sanaa is located in Kidani Village outside the style. From its location atop the Contemporary Animal Kingdom Lodge. It’s a table service Resort, it offers spectacular views of the Magic venue serving lunch from 11:30am – 3:00pm Kingdom. There's an observation deck where and dinner from 5:00pm to 9:00pm. The guests can enjoy the fireworks. The menu is restaurant overlooks a huge savannah with based on the freshest seasonable ingredients zebras, giraffes, wildebeests, and ostriches and changes frequently. California Wines are grazing outside the floor to ceiling windows. featured. There's a lounge and full service bar. It's a terrific site and some of Disney’s most Resort Casual Dress Policy, no tank tops or “exotic” fare. The restaurant and the views are swimwear. Open for lunch and dinner. absolutely stunning. Really fun for all ages, but kids will love the wild animals during lunch. Jiko 407-939-3463 Ohana Located in Disney's Animal Kingdom Lodge, 407-939-3463 Jiko fuses the bold flavors of traditional African, Ohana at the Polynesian Resort welcomes you Indian and Mediterranean cuisine. The menu with the bellow of conch shells. Experience includes vegan, vegetarian, and meat-based storytellers and coconut races across the dishes that change seasonally, along with hardwood floor down the center of the conventional favorites. The wine list features restaurant. Kids are encouraged to play with one of the largest selections of South African hula hoops and dance to island music. Ohana's vintages in North America and has won theme is "a place of family, laughter and multiple awards, including the Wine Spectator sharing." Meal service is "family style" meaning Excellence Award for Most Outstanding Wine the food is unlimited and served in big bowls List. Hours are 5:30 p.m. until 10:00 p.m. and platters at each table. Fun for family dinner. Ohana's Best Friends Breakfast with Lilo & Jiko Stitch starts the day with an American breakfast influenced by the exotic tastes of Polynesia. Ohana serves breakfast and dinner. A 10-minute walk from the Grand Floridian.

14 Dining Shula's Steak House 407-939-3463 Shula's Steak House is located on the Ground Floor in Disney' Dolphin Resort. Shula's serves only the biggest and the best, including Certified Angus Beef, the freshest seafood, and 3-5 lb. live Maine lobsters. Critic's choice for Orlando's Best High-End Steak House and six-time recipient of Wine Spectator's Award of Excellence. For football fans, a grand football atmosphere (be prepared to throw or catch a real NFL football). Open for lunch and dinner.

Todd English's bluezoo 407-939-3463 Set inside the Dolphin Resort, the bluezoo is the hippest, hottest, most happening place to dine in town. Internationally acclaimed Chef Todd English has created an amazing menu of fresh Shula’s seafood and coastal dishes that are served in an Steak House artsy undersea setting. An exhibition kitchen to her people and her traditions. Show time showcases the chefs at work, and the dining seatings are 5:15 p.m. and 8:00 p.m., Tuesday – areas feature a contemporary decor scheme Saturday. Memorable family dinner and show. designed to evoke the ocean, with lots of hip Walking distance from the Grand Floridian (5 lighting and curved walls. Unlike the portions at minutes). many upscale restaurants of this caliber, those served here are meal-worthy, not minuscule. bull & bear steakhouse Dress is casual, though the atmosphere is 407-597-5500 definitely adult and upscale. This Orlando restaurant, located in the new Waldorf Astoria on Bonnet Creek Resort Lane Spirit of Aloha Show and close to Disney, exudes a club-like warmth, 407-939-3463 complimenting its handsome furnishings and Disney’s Spirit of Aloha Show is located in the impeccable service. Chandeliers, a coffered Polynesian Resort and is an all-you-care-to-eat, ceiling, and beveled glass windows lend an air family-style luau featuring hula dancing and of stateliness. The menu offers hearty portions fire knife dancers. Situated on the Seven Seas of classic fare, much like the trend-setting Lagoon, the open-air covered dining theater original, which was the first restaurant on the provides a comfortable setting for authentic Eastern Seaboard to serve USDA-Certified music and dances, with beautiful costumes, Angus Beef. Other culinary delights include irresistible rhythms and the show-stopping fire- Oak Plank Grilled Wild Salmon, or a delectable knife dance! The many nations of the South Double-Rib Colorado Lamb Chip. These are but Pacific unite in an evening of spellbinding a few of the epicurean delights created by their magic that tells the tale of a native girl returning inspired chefs. at Other Disney Area Resorts Dining 15 Dining Additional Options le coq au vin Emeril's 407-851-6980 407-224-2424 Since 1976, Le Coq au Vin has been a place Emeril's encompasses high energy, bold exciting locals have counted on for unpretentious flavors and a memorable experience. Chef fine dining. With a menu that celebrates the Emeril Lagasse’s fifth restaurant is a fitting best of classic French cookery, chef Louis addition to the line-up at Universal CityWalk. Perrotte and his wife Magdalena have created Upon entering the restaurant, your eyes take the go-to place for special occasions. Part of you on a ride up the metal staircase, across the Le Coq au Vin’s charm is its simple, cozy Gertjejansen artwork, down the wall of wine, dining. Settings are elegant without over-the- over the Ochsner portrait, and stopping for a top opulence. Specialties include the soufflé moment at the food bar. The dining room bustles au fromage, tarte a l’olgnon, and many other with energy with a view of the chef and the French dishes. The heart and soul of this brilliance in the kitchen. Reservations required. Orlando classic is the kitchen and its staff. From Casual dress. Open for lunch and dinner. About wine recommendations to food preparation, a 20-minute drive from the Grand Floridian. everything is wonderful. A 20-minute drive from the hotel. Hollywood Brown Derby 407-939-3463 Wolfgang Puck Patterned after the famous Hollywood landmark 407-828-0107 Brown Derby restaurant, the walls of the The famous Hollywood chef, one of the lovely Hollywood Brown Derby are lined inventors of California Cuisine brings his unique with caricatures of the Stars. A must for all our style to Orlando at Wolfgang Puck's Grand Café. California attendees. The tables are covered in Chef Puck is one of the inventors of California crisp white linens and rich, wood paneling is Cuisine and his signature is combining used throughout. There's an upscale ambiance ingredients in new and exciting ways. to the Brown Derby, but you're welcome to Downstairs at Wolfgang's is The Cafe, featuring dine in your park garb. Located in Hollywood a menu that includes some of Orlando's best Studios, the Brown Derby serves lunch from sushi. The Café is the choice for great food at a 11:30-3:00 p.m. and dinner from 3:30 – 10:30 moderate price. Upstairs, you'll find the upscale p.m. Great place for lunch or dinner if you are in Dining Room. This is fine dining a la Puck. This Hollywood Studios theme park. restaurant is located in Downtown Disney, a 10-minute drive from the Grand Floridian. Tusker House 407-939-3463 Fulton's Crab House Tusker House Restaurant is in the Animal 407-934-2628 Kingdom theme park. The flavors of Africa Whimsy and abandon will sweep you away are drummed up in exotic lunch and dinner as you walk over the gangplank and enter this buffets that include a variety of vegetarian and grand riverboat. The authentic nautical dining meat-based options. Beer and wine are served room at Fulton's Crab House is accented with at the Dawa Bar next door to Tusker House an eclectic mix of seafaring history, folk art Restaurant. In addition to lunch and dinner, and traditional hues of blue. Dine under the Donald and friends quack up your morning at stars on one of the popular three outdoor decks. Donald's Safari Breakfast at Tusker House. This The opulent wine cellar holds more than 2,000 is a great restaurant for character autographs. bottles, a fitting showcase for the eleven-time In Animal Kingdom Park, so visit while at the Wine Spectator Award of Excellence winner. Park. Excellent seafood and choice cuts of beef. Located in Downtown Disney, Fulton's is open for lunch and dinner. A 10-minute drive from the Grand Floridian.

16 For the primary Disney Theme Things to do in Orlando Parks – Magic (other than Disney’s Primary Theme Parks) Kingdom, Epcot, Animal Kingdom and Hollywood Aquatica™ 407-351-3600 Studios – a Disney www.AquaticaBySeaWorld.com concierge will be At Aquatica™ – an all-new one-of-a-kind available to help waterpark that could only come from SeaWorld you plan your – you’ll experience the sea’s refreshing, carefree playfulness. From enclosed tub slides through a Disney Theme lagoon of black and white dolphins to tranquil and Park visit. rapid rivers, the fun here is as endless as the sea.

Blue Man Group 407-258-3636 Experience Blue Man Group, the popular theatrical show that combines exciting music, outrageous comedy and multimedia theatrics to produce a totally unique form of entertainment. Spring Training Baseball Their critically acclaimed show, with its blissful If you are a baseball fan, you have officially party atmosphere, has been called "visually died and gone to heaven while in Orlando in stunning," "wildly inventive" and "hysterically March. Several professional baseball teams have funny." spring training baseball within 45 minutes of Orlando. Boggy Creek Airboat Rides 407-344-9550; www.bcairboats.com Orlando Magic Basketball A world-famous attraction, "Florida’s Official Last year’s Eastern Conference Basketball Airboat Ride," has been visited by over one Champions will be in season in March. Right million passengers! Continuous 1/2–hour, in downtown Orlando, you can take in a private tours, or 1-hour night tours are offered. professional basketball game 20 minutes from Guided by experienced Master Captains, explore the Grand Floridian Hotel. Games are scheduled breathtaking natural swamps in the wilderness for Sunday, Feb. 28 and Wednesday, March 3. of the Central Florida Everglades, filled with bald eagles, alligators and other wildlife! The Richard Petty Driving Experience Capone’s Dinner & Show 1-800-237-3889 407-397-2378 This driving thrill puts you in the seat of 600 Grab the gang and head for Capone’s. This one- horsepower of pure speed you’ve only dreamed of-a-kind, prohibition-era Speakeasy & Cabaret about. Drive yourself or ride as a passenger is a blast from the past! Offering more delicious with a professional driver. dinner choices on the buffet and more alcoholic beverage choices than any other dinner show in Sammy Duvall’s Watersports town. Best dinner theater in Orlando, based on Centre opinions from our Orlando members. 407-939-0754 Race across the water or soar through the skies DisneyQuest® with Sammy Duvall’s Watersports Centre, where 407-828-4600 parasailing and skiing are just the beginning. www.disneyquest.com Tubing, boat rentals, and other water activities Venture into five floors of interactive fun for are offered. the whole family. At DisneyQuest® Indoor MORE

17 Things to do in Orlando (other than Disney’s Primary Theme Parks)

For the primary Disney Theme Interactive Theme Park, you are in control of the at Shamu’s Happy Harbor. There is simply no Parks – Magic adventure. You can do everything from hunting comparable experience — anywhere. Kingdom, Epcot, for pirate gold and designing and riding your own roller coaster, to climbing aboard a real Universal Orlando® Resort Animal Kingdom river raft and shooting the rapids on a jungle 1-877-688-8011 cruise. Excellent for rainy day activities for the and Hollywood It’s two amazing theme parks, non-stop nightlife kids. Hot air balloon ride worth it! and more, all in one convenient location. Studios – a Disney Jump right into the action of the movies at Downtown Disney® Universal Studios®. Feel the rush of adrenaline concierge will be 407-939-2648 at Universal’s Islands of Adventure®. Enjoy available to help Explore more than 70 shopping, dining and live music, dining and dancing at Universal entertainment options! Sample savory selections CityWalk®. It’s all at Universal Orlando® you plan your from restaurants like Wolfgang Puck, Ragian Resort – an entire universe of action, thrills and Road™, Planet Hollywood and Rainforest Café. excitement for every member of the family. Disney Theme La Nouba™ by Cirque Du discovery cove Park visit. Soleil® 1-877-434-7268 407-939-7600 Cool off after your meeting by immersing La Nouba™ transforms the ordinary into the yourself in a secluded tropical retreat with the extraordinary and stimulates the imagination Discovery Cove’s Afternoon Escape! Enjoy the from beginning to end with dazzling experience of a lifetime and swim with dolphins, choreography, vibrant music, whimsical rays, and tropical fish. Hand-feed exotic birds in characters, and an international cast of renowned our free-flight aviary. All afternoon, enjoy first- acrobats, athletes, and performance artists at class activities and unlimited food and beverage. Downtown Disney®. Florida EcoSafaris Kennedy Space Center 407-957-9794; www.floridaecosafaris.com Visitor Complex Experience Florida at its wildest! Take an 321-449-4444 unforgettable journey into Forever Florida. Strap in for a day of space exploration at Adventures include the thrilling Zipline Safari, Kennedy Space Center Visitor Complex. Get the Horseback Safari, and even a comfortable vertical on the new Shuttle Launch Experience, Coach Safari. This special 4700 acre eco-ranch tour behind the scenes, see shuttle launch features an endless array of natural flora and pads, and walk beneath a moon rocket. Meet fauna, including alligators, black bears, white- a real astronaut, enjoy IMAX® films, and ride tail deer, nearly two hundred species of birds, realistic astronaut training simulators. Just east and the endangered Florida Panther. of Orlando. Other Orlando Area SeaWorld® Orlando Activities include: 407-351-3600 At SeaWorld® Orlando, take a one-of-a-kind Lake fishing; www.orlandofishing.com journey to a place where up-close encounters Magic Sunrise Ballooning; connect you to the energy, excitement, and www.magicsunriseballooning.com mystery of the sea. Catch all-new family rides

18 CLE FDCC

Disney’s Grand Floridian Resort & Spa

® Winter Meeting 2010 Walt Disney World , Florida February 27 – March 6, 2010

Tuesday, March 2, 2010 Plenary | 8:00 a.m. to 12:00 p.m.

Introduction of the Program Victoria H. Roberts, Meadowbrook/Century Insurance Groups, Scottsdale, Arizona; Program Chair

“Are We In This Together?” n David Maister, Boston, Massachusetts Introduction by John Fitts, Progressive Insurance Company, Cleveland, Ohio; President, Federation Foundation

David Maister has long been recognized as the pre-eminent expert on managing professionals and clients. As those of you who have heard David before know, he is both insightful and amusing. His presentation will focus on better client relationships, incorporating points from his most recent book, Strategy and the Fat Smoker.

Whether you are focusing on energizing an inhouse team of professionals, or members of your firm, or working with a client, David will provide insight into how best to energize your team to collaborate and be willing to invest in their future together.

Registered attendees will have an opportunity before the meeting to submit a description of a real problem they face or have dealt with in the past. David will incorporate as many of these as possible into his discussion, focusing on alternative solutions.

All participants will be using hand held voting devices so that your reactions and inter- ests will be tabulated and used in the presentation.

19 Winter Meeting 2010 CLE February 27 – March 6, 2010

Wednesday, March 3, 2010 Substantive Law Section Meetings | 8:00 a.m. to 9:35 a.m.

1. Property Insurance “Stayin’ Alive” (at all costs) – Property Insurers As Deep Pocket Targets in Uncertain Economic Times” As the economy has worsened, Ponzi schemes have surfaced and, thankfully, the hurricane seasons of 2004-2005 have not repeated themselves for four years, so insureds, public ad- justers, and plaintiffs’ attorneys have found unique and original ways to seek reimbursement for economic hard times from property carriers. Three panelists will discuss different aspects of this phenomenon: the increase and implications of arson and fraud in home foreclosure situations; the coverage claims and assertions made by both individual and commercial insureds for recoupment of losses suffered in Madoff and other Ponzi schemes; and the pro- liferation of 2004-2005 “supplemental” hurricane claims over the past year—raising some novel questions concerning rights to appraisal, the defense of late notice and the applicability of other policy conditions.

n Moderator: Rebecca Levy-Sachs, Robinson Cole, Sarasota, Florida n Panelists: Rick L. Hammond, Johnson & Bell Ltd., Chicago, Illinois Dennis D. Fitzpatrick, Clausen Miller PC, Chicago, Illinois W. Douglas Berry, Butler Pappas Weihmuller Katz Craig LLP, Tampa, Florida

2. Corporate; International Practice & Law; Trial Tactics, Practice & Procedures “Mr. Toad’s Wild Ride” – Surviving (30)(b)(6) Depositions and Maybe Even Enjoying the Ride The panel will discuss the various practical and legal issues that arise before, during, and after a 30(b)(6) deposition, how courts have addressed those issues, and practical tips on handling them, including: • The offensive uses and defensive danger zones presented by this powerful weapon • Presenting and preserving case themes through these depositions, including how to deal with smoking gun documents • Ethical issues surrounding these depositions, including what are the limitations and pitfalls when preparing witnesses, privilege issues, and dealing with difficult opposing counsel • The corporate perspective—what companies expect of their outside counsel when their very own must testify beyond their personal knowledge on behalf of the corporation • How corporate depositions are handled outside the U.S. n David A. Bertschi, Bertschi Orth Smith LLP, Ottawa, Ontario n Marcus V. Brown, Entergy Services, Inc., New Orleans, Louisiana n Howard M. Merten, Partridge Snow & Hahn, Providence, Rhode Island n Stephen C. Pasarow, Knapp Peterson & Clarke, Glendale, California

20 Winter Meeting 2010 February 27 – March 6, 2010 CLE

3. Technology & E-Commerce; Toxic Tort & Environmental Law “It’s a Small World After All – Nanotechnology – The Next Asbestos?” Nanotechnology is the branch of engineering that deals with things smaller than 100 nano- meters (nm). [For comparison, a human hair is 80,000 nm thick.] Nanoparticles are tiny pieces of material that, by virtue of being small, have extraordinary properties and character- istics. The science and engineering of these small particles has the potential to revolutionize fields such as medicine, electronics, energy, and consumer products – and with that comes the potential for a wide array of new litigation. Topics will include: • What is Nanotechnology? • Government Regulation Issues • Coverage Issues Involving Nanotechnology • Nanotechnology’s Impact on the Drug and Device Sectors (Near Term and Beyond) n Moderator: John E. Quinn, Manier & Herod, Nashville, Tennessee n Panelists: Weaver H. Gaines, Nanotherapeutics, Inc., Alachua, Florida David E. Moore, P.E., Packer Engineering, Inc., Naperville, Illinois Thomas F. Segalla, Goldberg Segalla LLP, Buffalo, New York

4. Drug, Device & Biotechnology The section will address three topics of current interest: • Preemption is not dead. . . yet • Conte v. Wyeth – lessons from the courtroom • The “new” FDA – legal and regulatory changes. n Moderator: Joseph M. Fasi II, Gonzalez Saggio & Harlan LLP, Milwaukee, Wisconsin n Panelists: Howard M. Cyr III, Senior Corporate Counsel, Wyeth Pharmaceuticals, Collegeville, Pennsylvania Jeffrey R. Pilkington, Davis Graham & Stubbs LLP, Denver, Colorado

5. Management, Economics & Technology of Practice; Professional Liability “A Lawyer’s Risk Management Program: 60 Tips in 59 Minutes” There are matters of common interest to firms that are particularly relevant during these times of uncertainty. We will provide insight on how firms can be pro-active in heading off risk rather than reacting to risk.

n Moderator: Craig S. Neckers, Smith Haughey Rice & Roegge, Grand Rapids, Michigan n Panelists: Charles J. Baker III, Buist Moore Smythe McGee PA, Charleston, South Carolina Brett J. Preston, Hill Ward & Henderson, Tampa, Florida John S. Wilkerson III, Turner Padgett Graham & Laney PA, Charleston, South Carolina Linda S. Woolf, Goodell DeVries Leech & Dann LLP, Baltimore, Maryland

21 Winter Meeting 2010 CLE February 27 – March 6, 2010

Plenary | 9:45 a.m. to 12:00 p.m.

9:45 a.m. Welcome to Convention n Robert W. Foster, Jr., Nelson Mullins Riley & Scarborough LLP, Columbia, South Carolina; Convention Chair

Introduction of Past Presidents and New Members n Michael T. Lucey, Gordon & Rees, San Francisco, California; FDCC President Welcome to Florida

10:15 a.m. “Trial By Cartoon: The Use of Computer-Generated Animations and Simulations at Trial” n Guy A. Cellucci, White and Williams LLP, Philadelphia, Pennsylvania Numerous examples of effective and ineffective animations and simulations will be presented in this multi-media program, which will teach you how to make the best of cutting-edge technology in presenting your case, and how to exclude your opponent’s computer-generated evidence.

11:00 a.m. “Diversity in a Downturn - Keeping Your Diverse Attorneys through Tough Economic Times” Your firm has hired diverse and multi-cultural associates. Now what? How do you help them to be as productive as possible? How can you maximize your return on investment so they succeed and thrive? What pitfalls and hurdles exist that you don’t even know about?

Judge Alex Sanders will inspire us with a talk about leadership and diversity. The Diversity Committee will then present a superb panel to discuss the critical issues law firms are experiencing in these areas, the best practices that have been developed nationally, and concrete steps you can take to enhance your firm’s culture and its most important asset: your people. Although focused on diversity, this discussion will have widespread application to firm and law department management of younger lawyers in general.

n Moderator: David M. Louie, Roeca Louie & Hiraoka, Honolulu, Hawaii n Speaker: Judge Alex Sanders, Sanders & Nettles, Columbia, South Carolina n Panelists: Wilhelmina Tribble, Lowe Tribble & Associates, Inc., Orlando, Florida James C. Dockery, Wal-Mart Stores, Inc., Bentonville, Arkansas Susan B. Harwood, Boehm Brown Fisher Harwood Kelly & Scheihing, Orlando, Florida Joseph M. Fasi II, Gonzalez Saggio & Harlan LLP, Milwaukee, Wisconsin

22 Winter Meeting 2010 February 27 – March 6, 2010 CLE thursday, March 4, 2010 Substantive Law Section Meetings | 8:00 a.m. to 9:00 a.m.

1. Appellate; Intellectual Property “Federal Court or Fantasy Land?” You really can get your case dismissed: the impact of Ashcroft v. Iqbala. Are more changes coming?” n Howard M. Merten, Partridge Snow & Hahn, Providence, Rhode Island n Allison D. Van Laningham, Smith Moore Leatherwood LLP, Greensboro, North Carolina

2. Civil Rights & Public Entity Liability “Fee Shifting Statutes and How They Affect Your Case” Come hear practical tips on how to win your client’s case in the defense of fee petitions when plaintiff seeks attorneys’ fees in a variety of State and Federal causes of action, including Title VII and Section 1983 claims.

n Moderator: Latha Raghavan, Goldberg Segalla LLP, Albany, New York n Panelists: David M. Fuqua, Fuqua Campbell PA, Little Rock, Arkansas Robert D. Meyers, Kieswetter Wise Kaplan Prather PLC, Memphis, Tennessee Todd M. Raskin, Mazanec, Raskin, Ryder & Keller Co., LPA, Cleveland, Ohio

3. Class Action & MDL Litigation

“CAFA Notice Requirements for Class Action Settlements” n Andrew B. Downs, Bullivant Houser Bailey PC, San Francisco, California

“Consumer Protection Statute Class Actions” n Terence M. Ridley, Wheeler Trigg Kennedy LLP, Denver, Colorado

“Class Actions Based on the Telephone Consumer Protection Act” n Daniel J. Gerber, Rumberger Kirk & Caldwell, Orlando, Florida

4. Transportation

“Recent Regulatory Developments and Other Hot Topics In the Commercial Transportation Industry” n Clay R. Porter, Dennis Corry Porter Smith LLP, Atlanta, Georgia

“Effective and Efficient Management of Experts in the ‘Less-than-Catastrophic’ Case” n Marc H. Harwell, Leitner Williams Dooley & Napolitan PLLC, Chattanooga, Tennessee

23 Winter Meeting 2010 CLE February 27 – March 6, 2010

5. Alternative Dispute Resolution; Commercial Litigation

“Disregarding “Manifest Disregard”: The Effect of Hall Street Associates, LLC v. Mattel, Inc. and Its Progeny on the Standard for Arbitral Review.” This program will discuss the Hall Street case and its decision regarding the viability of the manifest disregard standard to vacate or modify arbitral awards. Also covered will be the subsequent divergent opinions of federal and state courts in interpreting Hall Street. n Reid S. Manley, Burr & Forman LLP, Birmingham, Alabama

“Avoiding Pessimism in Mediation –‘The Greatest Game Ever Played’” This is a unique topic that is often overlooked by mediators, the parties, and their advocates. n Nicholas V. Pulignano Jr., Marks Gray PA, Jacksonville, Florida n Jeffrey W. Lorell, Saiber LLC, Newark, New Jersey n John C. Trimble, Lewis Wagner LLP, Indianapolis, Indiana

Plenary | 9:05 a.m. to 12:00 p.m.

Trial Masters Program - 2010 – “The Art of Cross Examination” Join us for an enlightening session as this year’s Trial Masters Program focuses on The Art of Cross Examination. Our panelists will challenge the established notion that good cross examination only requires following simple advice like “ask leading questions” or “don’t ask a question to which you don’t know the answer.” The 3-hour program will include demon- strations, tools, tactics, pointers, and take-aways that make attendance a “must.” We have assembled a collection of true “trial masters” to delve deeply into the techniques that will turn your cross examination into an inspired art.

n Philip S. Beck, Bartlit Beck Herman Palenchar & Scott LLP, Chicago, Illinois n Sandra Clark, Mehaffy Weber, Beaumont, Texas n Gray T. Culbreath, Collins and Lacy, P.C., Columbia, South Carolina n J. Ric Gass, Gass Weber Mullins, Milwaukee, Wisconsin n The Honorable John Marshall Kest, Circuit Judge, Ninth Judicial Circuit, Orlando, Florida n Wayne B. Mason, Sedgwick Detert Moran & Arnold, Dallas, Texas n Timothy A. Pratt, Boston Scientific Corporation, Natick, Massachusetts

24 Winter Meeting 2010 February 27 – March 6, 2010 CLE friday, March 5, 2010 Substantive Law Section Meetings | 8:00 a.m. to 9:35 a.m.

1. Employment Practices & Workplace Liability; Healthcare Practice; Life, Health & Disability “The Good, the Bad, and the Ugly: Understanding Healthcare Reform Legislation” An FDCC town meeting: an overview of the healthcare debate and the legislation proposed or enacted to change America’s healthcare system. Speakers with competing perspectives will address how the legislation affects each of us as individuals and as employers, and how it will impact the health insurance industry.

n Moderator: Brett J. Preston, Hill Ward & Henderson, Tampa, Florida n Invited Guest: U.S. Representative Kathy Castor (D. Florida) Jennifer E. Johnsen, Gallivan White & Boyd, Greenville, South Carolina Thayla P. Bohn, Feldman Franden Woodard & Farris, Tulsa, Oklahoma Debra Topol, Celtic Insurance Company, Chicago, Illinois

2. Construction Litigation; Extracontractual Liability; Insurance Coverage; Insurance Industry; Reinsurance, Excess, & Surplus Lines “Current Bad Faith Issues in Key States” This joint program by leaders of the coverage bar will center on critical and troubling coverage, extracontractual and bad faith issues from the perspective of various key states. The focus will be on the identification of the issues, a state by state comparison and suggested resolutions and strategies from a practical standpoint.

n Moderator: Thomas F. Segalla, Goldberg Segalla LLP, Buffalo, New York n Panelists: Joanne T. Blackburn, Gordon Thomas Honeywell Malance Peterson & Daheim LLP, Seattle, Washington James L. Crandall, Crandall Wade & Lowe, Irvine, California Susan Harwood, Boehm Brown Fischer Harwood Kelly & Scheihing PA, Orlando, Florida Douglas G. Houser, Bullivant Houser Bailey PC, Portland, Oregon Alex A. Jivan, Farmers Insurance, Westlake Village, California Mary T. Porter, Selective Insurance Company of America, Branchville, New Jersey

3. Premises & Security Liability; Products Liability “The Sophisticated User Defense in Product Liability and Premises Liability Cases” The “sophisticated user” defense is usually asserted in product liability cases. However, a variation of this defense can successfully be used by premises defendants in industrial and construction accident cases. The training and experience of the worker and employer is the equivalent of sophisticated knowledge about a particular product. Our joint section panel will address the legal elements of this defense, practical considerations in using and proving it, and pitfalls and hurdles to avoid.

25 Winter Meeting 2010 CLE February 27 – March 6, 2010

n Heidi G. Goebel, Christensen & Jensen PC , Salt Lake City, Utah n Salvatore J. DeSantis, Molod Spitz & DeSantis PC, New York, New York n Joseph M. Fasi II, Gonzalez Saggio & Harlan LLP, Milwaukee, Wisconsin

Plenary | 10:00 a.m. to 12:00 p.m.

10:00 a.m. Business Meeting Recognition of 50 year members; sports award winners; Admissions Committee report; Me- morial report; Sites Committee report

10:20 a.m. Preview of the 2010 Annual Meeting in Munich n Convention Chairs: H. Mills & Carol Anne Gallivan, Gallivan White & Boyd, Greenville, South Carolina n Program Chair: Deborah D. Kuchler, Kuchler Polk Schell Weiner & Richeson LLC, New Orleans, Louisiana

10:50 a.m. Keynote n Egil Krogh, Seattle, Washington “Good People, Bad Choices, and Life Lessons from the White House” Egil “Bud” Krogh worked in the Nixon White House, serving as liaison to the FBI and coordinating Elvis’ visit to the White House. Later, he was made head of its “Special Investiga- tion Unit” by John Ehrlichman to address the administration’s obsession with leaks to the press. The rest, as they say, is history. He later went to prison for his role in events that led to the Watergate scandal. Following disbarment in 1975, he successfully petitioned the Washington Supreme Court for re-admission in 1980.

Bud has a great tale to tell, one we all lived through. It is a fascinating story, appropriately humorous, in which he uses his personal experience as a warning and an insight into the importance of integrity.

26 CommitteeSchedule

Sunday, 7:00am – 12:00pm Board Breakfast and Meeting February 28, 2010 12:00 – 2:00pm Finance & Budget Luncheon Meeting Admissions Luncheon Meeting

2:00 – 3:00pm CLE

2:00 – 3:30pm Sites

3:00 – 4:00pm Publications and Website

3:30 – 4:30pm Bylaws/Resolutions

4:00 – 5:00pm Visibility

monday, 7:00am – 12:00pm Board Breakfast and Meeting march 1, 2010 12:00 – 2:00pm Membership Development

2:00 – 3:00pm State and International Representatives Corporate Counsel Initiatives Convention Exhibitors Ethics and Professionalism Defense of the Judiciary

3:00 – 4:00pm CCS Diversity Amicus Leadership Institute

tuesday, 7:00 – 8:00am P&O Breakfast Meeting march 2, 2010 Foundation Board Breakfast Meeting

2:00 – 4:00pm LMC; LMC Graduate Programs Insurance Initiatives

24 27 Sea World Excursion John Albert Frank & Diane Ciano Sid & Melissa Cook David & Cindy Dunbar

Book Club HostCommittees Mary Alice Collins Morning Hospitality Jenny Lucey Winter Park Tour Ann Cordell Christie Pratt Gretchen Barney Alex Pratt Donna Mason Mimi Ford Lib Foster

Fishing Tournament Fun Run, Walk, and Swim Reid Manley Howard & Ronnie Zandman General Convention Chairs Mike Aylward Robbie & Lib Foster Jim Thompson Disney Institute Elizabeth & Jeff Lorell Program Chair President’s Reception Rick & Donna Hammond Vicki Roberts Colin & Claire Croly Dave & Amy Moore Dessert Karaoke Party Registration Chair Heidi Goebel & Chris Barrett Alan & Tonya Brown Charlie Henderson Eddie & Josephine Laney Rich & Barb Traub Frank & Diane Ciano Children Activities Kurt & Pamela Rozelsky Epcot Dine Around Johnny & Grace Sarber Marisa Trasatti Dan & Donna Gerber Todd & Debra Roberts Mike & Darla Kiernan Rick & Barb Fulmer International Dinner Marc & Holly Harwell Clark & Debbie Hudson David Bertschi & Debbie Orth Reid & Allison Manley Dave & Michelle Nicholas Gale White & Charlie Henderson Tom & Nada Hanekamp Joyce Wang Knitters’ Corner Frank & Ana Ramos Melissa Cook Orlando Magic Wendy Trigg Black Tie Dinner David & Kimberly Corso Mike & Martiele Schroder Saturday Reception Susan Harwood Theme Party Greg & JoEllyn Witke Brad & Amy Waring Rob & Sue Adams Chuck & Betsy Baker Gray & Virginia Culbreath Greg & JoEllyn Witke Marc & Holly Harwell Chuck & Betsy Baker Sunday Reception Johnston & Allison Cox Mike & Linda Bonasso Rob & Sue Adams Geneace Williams Scott & Susan Kreamer Scott & Susan Kreamer Ken Lewis Golf Monty & Sissy Todd Monday Reception Fred Johs Mike & Linda Bonasso, Jeff & Robin Kinsel Spring Training Baseball Monty & Sissy Todd Luke Collins Fashion Show Jacob Nicholas Diversity Dinner Michele Dillon Dan & Donna Gerber Frank & Ana Ramos Mike & Darla Kiernan

28 Thanks to our exhibitors American Jury Centers (AJC Consulting) Atlas Settlement Group, Inc. BMW of North America, LLC Habif, Arogeti & Wynne Packer Engineering Rust Consulting, Inc. Thomas G. Oakes Associates

Special thanks to Frank Crystal & Company for their continued support. www.frankcrystal.com

Contact Ken or Greg Gamble at 212-504-5873 for quotes on your firm’s professional liability insurance.

FEDERATION OF DEFENSE & CORPORATE COUNSEL

11812 North 56th Street • Tampa, FL 33617 813-983-0022 • 813-988-5837 Fax E-mail: [email protected]