Co-Sponsored by the ACC Sports & Entertainment Law Committee
MANAGING PREMISES LIABILITY CLAIMS IN SPORTS AND/OR ENTERTAINMENT FACILITIES January 25, 2012 Anaheim, California Moderator: Brandon Mead Panelists: David Cohen, Michael Baroni, Katie Rodin #IHCC12 #IHCC12 2012 ACC-SoCal In- House Counsel Conference 1 Co-Sponsor: ACC Sports & Entertainment Committee Moderator and Panelists
Brandon Mead – Chapman University School of Law David Cohen – Angels Baseball LP, General Counsel Michael Baroni – Palace Entertainment, General Counsel Katie Rodin – Anaheim Ducks Hockey Club & Honda Center, Assistant General Counsel
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_2 2 Co-Sponsor: ACC Sports & Entertainment Committee Format…
A tip will be displayed on the screen. Panelists will have 60 seconds to discuss. If they cannot finish in that time, too bad. Next tip is displayed on the screen.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_3 3 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Hire outside inspection experts.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_4 4 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Review your on-site vendor agreements to ensure facility-friendly indemnification language exists.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_5 5 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Mind customer service.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_6 6 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
“Secret Shopper” (incognito inspections)
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_7 7 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Train employees to identify potential risks.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_8 8 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Be flexible and agile
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_9 9 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Strict termination standards for safety infractions.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_10 10 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Designate a single individual to receive all incident reports and ensure proper handling and flow of information.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_11 11 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Be firm.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_12 12 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Relentlessly fight claims
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_13 13 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Be familiar with key terms of your insurance policies to ensure proper handling and flow of information.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_14 14 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
The best defense can be a good offense.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_15 15 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Security cameras.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_16 16 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Maintain a litigation checklist with target dates.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_17 17 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Make a federal case out of it!
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_18 18 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Foreseeable idiocy.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_19 19 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
If a patron is injured on the premises, be prompt, courteous and caring.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_20 20 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Is there a middle ground?
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_21 21 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Perform a claim autopsy.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_22 22 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Consider use of an outside security company.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_23 23 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Exclusive relationships with the right firms.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_24 24 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Sign, sign everywhere a sign.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_25 25 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Train staff regarding alcohol and drug awareness.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_26 26 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Track safety incidents/regular review.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_27 27 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Information is not as good as addition.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_28 28 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Ensure each employee knows the incident reporting process.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_29 29 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Launch a safety 1st campaign.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_30 30 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Have a playbook.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_31 31 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
When gathering responses to discovery, keep your employees informed.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_32 32 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Training to combat admissions of guilt.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_33 33 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Pass the buck.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_34 34 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Work with upper level management to create a claims and risk policy.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_35 35 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Designing out human behavior.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_36 36 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
The fewer the merrier – don’t share the wealth.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_37 37 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Thoroughly train servers of alcohol and consider minimum drinking age.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_38 38 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Designing out both physical and process hazards.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_39 39 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Do some recon.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_40 40 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Maintain a healthy relationship with on-site vendors.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_41 41 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Employees as witnesses (good and bad).
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_42 42 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
Discover social issues.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_43 43 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Review discovery responses and motions with future claims in mind.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_44 44 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Evidence collection and preservation at time of accident.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_45 45 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Cohen
When one fight ends another may begin.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_46 46 Co-Sponsor: ACC Sports & Entertainment Committee Mrs. Rodin
Use each premises liability claim as a learning and teaching opportunity.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_47 47 Co-Sponsor: ACC Sports & Entertainment Committee Mr. Baroni
Don’t live in a box.
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_48 48 Co-Sponsor: ACC Sports & Entertainment Committee Significant Take-Away Points
Take-Away Point #1 – Mr. Baroni Take-Away Point #2 – Mrs. Rodin Take-Away Point #3 – Mr. Cohen
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_49 49 Co-Sponsor: ACC Sports & Entertainment Committee Questions?
2012 ACC-SoCal In-House Counsel Conference #IHCC12
090701_50 50 8th Annual In-House Counsel Conference January 11, 2012 (Beverly Hills, CA) January 25, 2012 (Anaheim, CA) www.acc.com/chapters/socal/
#IHCC12 51 000000_51
Michael L. Baroni – General Counsel, Palace Entertainment 4590 MacArthur Avenue – Suite 400, Newport Beach, CA 92660 (949) 797-9746 / [email protected] ______
Current Position:
General Counsel, Palace Entertainment. World’s 3rd largest amusement park company, with 40 parks in the USA, including America’s oldest park (Lake Compounce in CT, 1847), the world’s #1 rated roller coaster park (Kennywood, in PA), world’s #1 rated kids park (Idlewild, in PA), Boomers!, Raging Waters, L.A. Speedzone, Silver Springs nature preserve in Florida, and Sea Life in Hawaii (swim with the dolphins!).
Career Highlights:
• “Top Attorney” in Orange County – OC Metro magazine • Professional Excellence Award • “Most Innovative Legal Department” Award, Inside Counsel magazine • Super Lawyer • Board of Directors, Orange County Bar Association (“OCBA”) • Founder & Chair, Entertainment, Sports & Marketing Law – OCBA • Board of Directors, California Attractions & Parks Association • Board of Directors, Constitutional Rights Foundation • 100+ articles published (New York Times, National Law Journal, Cosmopolitan, etc.) • Media appearances include Access Hollywood, Inside Edition, MSNBC, 20+ radio stations
Education:
• Hofstra U. School of Law o Hofstra Property Law Journal Hofstra Entertainment and Copyright Law Digest – Managing Editor o st o 1 Place - ASCAP Competition (papers on copyright law)
• Boston College o Honors, English Department & Senior Thesis o Track & Field: Javelin Medalist - Big East Championships; Academic All-American (NCAA)
David S. Cohen is director, Legal Affairs & Risk Management for Angels Baseball LP in Anaheim, California. He is responsible for drafting and negotiating contracts with sponsors, vendors, unions, employees, and Suiteholders. He assists with selecting potential draftees and free agent players, and is involved with all aspects of claims from prevention and incidence through litigation. Mr. Cohen occasionally litigates cases. He recently secured a $1.4 million dollar judgment in favor of the Angels. Mr. Cohen also provides legal support to the Angels flagship radio station AM830 KLAA.
Prior to joining the Angels, Mr. Cohen spent nine years as an athletic trainer in the Baltimore Orioles, Boston Red Sox, and Montreal Expos organizations. The Professional Baseball Athletic Trainers Society honored him as "Minor League Baseball Athletic Trainer of the Year" in 2001.
Mr. Cohen is a leader of the Tort, Trial, & Insurance Practice Section of the American Bar Association, Association of Corporate Counsel and ACC's Southern California Chapter (ACC- SoCal). He currently serves as Vice-President, Services of ACC-SoCal and is the Program Chair of the ACC Sports & Entertainment Law Committee. He is also a member of the ABA Forum on Entertainment & Sports Industries and Sports Lawyers Association. He is also a National Athletic Trainers Association certified athletic trainer.
Mr. Cohen earned a bachelor's degree in exercise physiology and a masters degree in community health education from West Virginia University and a Juris Doctor from California Western School of Law. He is also a graduate of the MLB's Scout Development Program. Kathleen D. Rodin
Katie serves as Assistant General Counsel for Anaheim Ducks Hockey Club and Anaheim Arena Management (manager of the Honda Center). She also serves as Assistant General Counsel for The Rinks (operator of roller and ice rink facilities in Orange County). Her work includes managing all litigation, including premises liability matters, drafting and negotiating sponsorship, premium seating, concession, ticketing and event agreements, handling real estate matters and providing legal counsel to the executives and staff of the Ducks, Honda Center and The Rinks. Previously, she worked for a local law firm that specializes in real estate litigation and serves as general counsel to a number of companies located in Southern California. Katie received a Bachelor of Science, Business Administration from Chapman University and is a graduate of Chapman School of Law. She is an active member of the American Corporate Counsel Association and serves as Secretary of the ACC Sports and Entertainment Committee. Brandon R. Mead
Brandon is a second year law student at Chapman University where he is concentrating on Entertainment and Sports Law. Brandon was fundamental in creating and hosting the First Annual Sports Law Symposium at Chapman University and hopes to use that success to create a journal focusing on Entertainment and Sports Law. Brandon spent his first year summer working for Michael Baroni with Palace Entertainment and the Orange County District Attorney’s Office, Gangs Unit.