FDCC_in_the_news past_meetings officer_notes new_members from_the_president upcoming_meetings FDCC_impact sister_organizations
A publication of the Federation of Defense & Corporate Counsel
Vol. 41, No. 1 | Fall 2013 | Gregory A. Witke, Editor
New look, new feel, new things . . . Notice anything different? Yes, the Flyer is differ- ent. First of all, you can touch it because it was mailed to your home. We have decided to go back to printing and sending hard copies of the Flyer to make it easier to read in the convenience of your home. After all, the Flyer has always Timothy A. Pratt been intended to be a twice-a-year communica- President tion to our Federation family. The more ways we can make it easier to read and share, the better. By the way, for those who live on smart phones and tablets, and like to use monitors and printers, the Flyer is still available in electronic form. Second, the design of the Flyer is different. We have changed the look and the content. It is shorter and, hopefully, crisper, more infor- mative, and fun to read. But that’s only my opinion—yours is the one that counts. Let us know what you think—what you like or want to see changed. Contact me or our excellent Flyer Editor, Greg Witke. What else is new? Come to the Marco Island Marriott from March 2 - 8, 2014, and you will see. Elizabeth and Jeff Lorell are the Convention Chairs for that meeting, with Howard Merten serving as the Program Chair, and they are preparing a one-of-a-kind meet- ing. Read their columns in this Flyer to get a sense of the changes, but you have to come to Marco Island to get the full flavor. Our goal is to have a record number of corporate counsel attending and participat- ing in section and plenary programming. Marco Island is a magical place where the beaches are white, the water is clear, and the sun always shines. Come share in the magic. What about the new “FDCC CONNECT” roster app for iPhones and Android devices? It’s almost ready to launch. It will be a new and better way to connect with membership, making it easier to call and email members, or forward contact information to colleagues outside of the FDCC. Remember to go to the members-only section of the FDCC website to update your profile and join the substantive law sections that best match your practice. If you do not, you will not be If you can make it there, you can found if someone searches for attorneys with your expertise. make it anywhere! New York City! The FDCC CONNECT is intended to promote the referral power of Federation shows its bright light on a very this elite organization. Go to the website and have a look. Corporate big stage – Times Square. Our FDCC lead- Counsel members should look first at the FDCC roster if they need ership, Tim Pratt, President; Vicki Roberts, attorneys to handle their work. If a Defense Counsel member has a President-Elect; Steve Farrar, Secretary- Trea- client to refer, what better person to handle that client’s work than a surer; and Ed Kaplan, Board Chair, looking fellow member of the “FDCC Family”—experienced, trustworthy, and great in their formal attire, recently graced a proven to be an “above and beyond” attorney. marquee spot on Times Square. FDCC_in_the_news past_meetings officer_notes new_members
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New look, new feel, new things...
What about social media? Please read Andy Downs’ For all that is new, much remains the same. We con- article in this Flyer. The FDCC social media impact has tinue to deliver exceptional experiences and programming been transformational. We are “liking,” “tweeting,” “friend- at our meetings—read the reports on the Annual Meeting ing,’” and “Linking” like never before. Join the revolution. at the Broadmoor, the Corporate Counsel Symposium, and You will have fun and, along the way, learn a lot about the the Insurance Industry Institute (I-3) in this Flyer. We continue FDCC and the law. The FDCC can deliver even more mem- to maintain excellent relationships with our sister organiza- ber value if we collaborate and communicate through all tions—DRI, IADC, and ADTA—and are collaborating on of the available social media vehicles. Imagine this virtual a project with them relating to a model jury instruction on network of FDCC members sharing real-time developments. social media usage. Our amicus and public policy initia- You can now get our “Hot Cases” on Twitter—@FDCCHot- tives are doing well—the FDCC submitted comments to the Cases. Our primary Twitter portal is @FDCCDefense. Committee on Rules of Practice and Procedure supporting For people who are really bored, they can follow me— important changes to the Federal Rules of Civil Procedure. @FDCCPresident. Our substantive law section leaders are working hard and Other new initiatives are proceeding well. The FDCC communicating with section members like never before. The Committee of Five, chaired by Deb FDCC officers and the Kuchler, is looking at issues such as Board are paying atten- whether to change our numerical limits tion to emerging issues on Defense Counsel membership, the For all that is new, and maintaining our strong length and content of our Winter/ financial base. And they Annual meetings, and how we con- much remains the seem to be putting up duct long-term strategic planning. The with me. 21st Century Practice of Law project, same. We continue to Thanks for the privilege headed by Deb Varner, is staffed and deliver exceptional of being president of this looking at how our members can exceptional organization. I thrive in the changing dynamics in the experiences and am proud and humbled. practice of law. Our call for members to nominate “above and beyond” col- programming — Tim Pratt leagues for membership in the FDCC at our meetings... President has generated an impressive group of candidates being considered by the Admissions Committee. Thanks to all of the FDCC members who are work- ing on these various initiatives.
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Get your ticket to paradise now!
Perfection! leave the resort during your week’s the award-winning health spa and Imagine a stay). In fact, there is no better way to terrace, with quiet private pool, sur- place where dine in Florida than by the sea and rounded by the gentle beaches and beautiful white the Marriott offers the only beachfront peaceful waters of the Gulf. sandy beaches restaurants on all of Marco Island. The For our golfers, the Marriott has and sunny days resort also has first class shops right two golf courses that are sure to Elizabeth F. Lorell meet the magic on its premises and the Marriott pools make you smile. The Rookery blends Gordon & Rees, LLP Florham Park, NJ of warm star-lit offer everything a tropical oasis should a resort private course with the na- nights. Your be. In March, average temperatures tive surroundings and is certified with Florida experience, perfected by the are in the 80’s during the days and, Audubon International as a Coopera- FDCC, begins in the Winter of 2014 low 60’s at night. Activities during the tive Sanctuary. At more than 7,100 as we return to the enchanting and week include a guided Waverunner yards in length, the playing experi- blissful Marco Island. Whether you are excursion to the Mangrove Estuary, ence includes five teeing locations, thrill-seeking, or searching for fellow- immaculate turf condition, ship, swimming, sunbathing, hearty and spectacular greens. laughter, or something to keep you and The course at Hammock the kids entertained, you’ll find it with Bay is a par 72 cham- our “Ticket to Paradise.” We understand pionship course with 18 Our spectacular accommodations distinctive holes. At 7,080 at the luxurious Marco Island Marriott that the definition yards, - it’s the perfect tract Beach Resort give a new meaning for casual golfers. to the phrase “a room with a view.” of relaxation can Back by popular Coined as a “personal island within be as diverse as demand, the Federation an island paradise,” it is a world-class Foundation will hold its resort located on three miles of pristine, our members. Silent Auction (so think of sandy beach with the turquoise waters items you can donate to of the Gulf of Mexico just steps away. a great cause)! Our book On the largest of the Ten Thousand club will feature Henriette Islands, it made Conde’ Nast Trav- Lazarides Power, whose eler’s Gold List for 2013 as one of the hopping on an airboat tour through the debut novel, “The Clover House,” World’s Best Places to Stay. This resort Everglades, a fishing trip, and cruising was published by Ballentine Books not only exemplifies paradise, but refines along the coastal waters via catama- in April of 2013 and was a Boston and redefines it. ran, kayak, and paddleboard. If you’re Globe best-seller. Ms. Power will en- We understand that the definition looking for added fun for the kids, take tertain our group with lessons learned of relaxation can be as diverse as your little ones to Tiki Tribe Discovery from an author’s life and regale us our members. From soul-soothing to Day Camp. Then, for a touch of luxury with a book talk on a story that USA heart-pounding, you’ll find it all right and privacy, and your own well-being, Today called “[a] stunning debut here (and you may decide never to you owe it to yourself to experience novel.”
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YOUR Ticket to
Social events are scheduled in the can ALL dine and dance into the night, include our own talented FDCC law- resort. Our cocktail parties, in different enjoy friends (both new and old), and yers, corporate/industry members and and breathtaking venues, will allow bask in the warmth of fine fellowship. guests from Chrysler, Office Depot, IFG you to experience magnificent sunsets On Friday night, our final rendez- Companies, Sciton Inc., State Farm, over the Gulf and breathe fresh salt air. vous will be our theme party, “Miami American Fidelity, Quality Carriers, Eli For our Monday night dine around and Vice on Marco.” Get ready for a one- Lilly, Century Surety, American Fidelity, Wednesday night fellowship dinners, of-a-kind party with a cool, inviting CR Bard, Toyota, and Macy’s. Others explore some of the finest restaurants club-like atmosphere. Experience joining us will be Mark O’Mara (who in and around Marco Island (including “Miami Vice,” which will be cutting- defended George Zimmerman), Billy Naples) and enjoy delicious cuisine. edge, dynamic, and fun! Men should Murphy (the attorney for Michael Vick Join Tim and Christie Pratt, on Tuesday wear a favorite sport jacket with and Don King), and Judge Sanford night, for the President’s Welcoming t-shirt (colored preferred, just like Don Brook. Our keynote speaker is the pro- Reception in a beautiful courtyard and Johnson), and for the women, the sky vocative, entertaining, and compelling garden by the sea. On Wednesday is the limit with vibrant colors and sun Judge Andrew Napolitano, Fox News’ night after dinner, we will gather back dresses. We will dine on South Florida Senior Judicial Analyst since 1998. at the Marriott for our “Fire & Ice Night- cuisine, see favorite snippets of Miami An enchanting destination with cap Party” for libations and delectable Vice, and reminisce as we listen to unique activities, delicious cuisine, first desserts. memorable Miami Vice music. Later rate service, breathtaking views, and On Thursday night, “The Paradise on, a DJ will entertain all of us as we footprints in the sand will leave you Party,” will give us another chance to dance the night away to the great wondering why on earth you didn’t gather with friends and enjoy one heck songs of the 1980’s. This theme party come to Florida sooner. At Marco of a party with Sol Fusion, a great will be great fun, one for the record Island, the skies are bluer, the sun is dance band! In step with this venue books, and truly a night to remember! warmer, and friendships grow richer. and warm summer breezes, our ladies Program Chair Howard Merten is So book your “Ticket to Paradise” will dress in colorful evening cocktail putting together a fantastic program! and we look forward to seeing you in attire, but for the men, no black tie is Our CLE Program, “Objects on the March of 2014 in Marco Island! required. Whether you come solo, Horizon are Closer than they Appear or with your spouse/significant other, – Are you Ready?” — looks to the —Elizabeth and Jeff Lorell this party is being geared so that we future. Expansive and diverse speakers Convention Chairs
hotel_reservations
meeting_registration
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Objects on the Horizon are closer than they appear... Picture yourself here Are you Ready? 2014 Winter Meeting
The CLE Pro- We will also take a long hard look Napolitano. A Fox News’ Senior gram in Marco at the uncertain future of our profession. Judicial Analyst since 1998, Judge Island contains Law schools are in crisis, some may Napolitano broadcasts nationwide something for ev- even fail. Law firms are announcing on the Fox News Channel and Fox eryone – unique layoffs and restructurings too often to Business Network throughout the day, and different pass the news off as mere coincidence. Monday through Friday. Famous for programming for Meanwhile, clients are looking not just his candid remarks, signature wit, Howard M. Merten Partridge, Snow & Hahn the whole fam- for cost-cutting, but whole new ways of and personal anecdotes, Judge Na- Providence, RI ily, cutting-edge delivering legal services. Researchers politano is one of the media’s most section meetings on the cutting-edge of these changes, outspoken analysts of the legal sys- from every substantive section, and in- law firm managers, and general coun- tem, most fervent critic of government sights and input from a wide range of in- sel will share their thoughts about what intervention into personal lives and dustry and in-house members and guests. lies ahead and how we can get ahead commercial transactions, and a pas- It takes a hard look at some important of the curve. sionate defender of the Constitution. challenges ahead, and a thoughtful and Section programming at Marco Is- entertaining look at some challenges land will highlight an amazing array of — Howard Merten overcome in the past. corporate and industry members and Program Chair The program opens with something guests from Chrysler, Office Depot, IFG for the whole family – a One Man Play Companies, Sciton Inc., State Farm, called Darrow. Performed by Judge American Fidelity, Quality Carriers, Eli Sandy Brook – one of the most popular Lilly, Century Surety, American Fidelity, Famous for his candid speakers from our San Antonio meet- CR Bard, Toyota, and Macy’s. Every ing – this play captures the life of one of section is involved and there are sure remarks, signature wit, and our profession’s true icons and portrays to be topics that will directly benefit personal anecdotes, Judge through a personal lens some of the great your practice – criminal liability arising moments in twentieth century legal history. from third party conduct; crazy cover- Napolitano is one of Trial Masters highlights some of our age opinions; what is really happen- the media’s most outspoken own FDCC superstars, but also lawyers ing with alternative fee arrangements; analysts of the legal “ripped from the headlines” -- Mark looming liabilities from BYODs; re- O’Mara (who defended George Zim- emerging torts we thought were gone; system, most fervent critic merman) and Billy Murphy (the attorney changing rules for experts in class of government intervention for Michael Vick and Don King). Along actions and MDLs and for fire experts; into personal lives and with corporate counsel from Eli Lilly and simplifying complex ideas for trial, WR Grace, they will offer concrete ad- protecting key assets from disgruntled commercial transactions, vice on how to represent clients juries employees, and more. and a passionate defender love to hate. How do you alter your Wrapping it all up is our provoca- trial themes, overcome bias, and pre- tive, entertaining, and compelling key- of the Constitution. serve and protect your client’s image? note speaker, Judge Andrew
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from_the_president upcoming_meetings FDCC_impact sister_organizations winter meeting program PLENARY SESSIONS PRESENTERS Scott Salter TUESDAY, MARCH 4, 2014 Starnes Davis Florie LLP; Birmingham, AL Jim Thompson DARROW, A One Man Play, Goodis Thompson & Miller PA; St. Petersburg, FL Sean Martin Performed by: The Honorable Sanford Brook Carr Allison; Chattanooga, TN Reed Bates Clarence Darrow has been heralded by many as the leading trial attorney in Starnes Davis Florie LLP; Birmingham, AL America during the first half of the 20th century. Amongst others, he defended teen- Ronald Clark age thrill-killers Leopold and Loeb, and faced off against Williams Jennings Bryant Bullivant Houser Bailey, PC; Portland, OR in the famous Scopes “Monkey” Trial. The Hon. Judge Sanford “Sandy” Brooke will Debra Tedeschi Varner perform a one act play, “Darrow,” to open the Marco Island CLE program. McNeer Highland McMunn Varner LC; Clarksburg, WV Beth Fitzpatrick The Wall Street Journal described the play as follows: “At a time in our national Hurwitz & Fine, PC; Melville, NY life when the legal profession has suffered setbacks in the eyes of many, Darrow’s Philip Reeves life reminds us that the practice of law has had its great moments in our history, Gallivan White Boyd; Greenville, SC Thayla Bohn and will continue to have them when it is in the hands of men who remember American Fidelity Corporation; Oklahoma City, OK where they came from and why they are here.” Mike Kiernan You and your entire family will not want to miss this play. Traub Lieberman Straus & Shrewsberry LLP; St. Petersburg, FL L. Johnson Sarber III Marks Gray, PA; Jacksonville, FL Lessons from the Old Master Marc Harwell Judge Brook and two FDCC Masters in their own right, take up where the play Leitner, Williams, Dooley & Napolitan, PLLC; Chattanooga, TN leaves off and discuss what can we learn from Clarence Darrow, one of the Mike McDonald QualityDistribution; St. Petersburg, FL storied masters of our profession. Do strategies and trial tactics employed during Stephen Feldman the Scopes Monkey Trial, the defense of Leopold and Loeb and early twentieth Ellis & Winters LLP; Raleigh, NC century union fights have any relevance in the age of 3-D modeling and trial pre- Sidney Hardy sentation software? Can we get away with what Clarence Darrow did in court? McCranie, Sistrunk, Anzelo, Hardy, McDaniel & Welch, LLC; New Orleans, LA Should we try? Paul Finamore Niles, Barton & Wilmer, LLP; Baltimore, MD WEDNESDAY, MARCH 5, 2014 Howard Zandman Habif, Arogeti & Wynne; Atlanta, GA Trial Masters Program: Elizabeth F. Lorell Gordon & Rees LLP; Florham Park, NJ Monsters in the Mirror: Representing Howard Merten Partridge Snow & Hahn; Providence, RI Defendants That Juries Love To Hate Tim Pratt Boston Scientific, Inc.; Boston, MA How do you approach a high profile or exposure trial when you have a client The Honorable Sanford Brooks that jurors love to hate? What can you do to combat preconceived perceptions Judicial Arbiter Group, Inc.; Denver, CO of your client? What can you do during voir dire to try to get a fair jury? How can you deal with a hostile judge? Can focus groups help and should they be used differently, earlier, more often? A star-studded panel of our own FDCC trial
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lawyers who have been through this wringer will join forces with famous lawyers “ripped from the headlines” and clients who have faced these kinds of challenges PRESENTERS to share insights learned through experience. Clark Hudson Neil, Dymott, Frank, McFall & Trexler APLC; San Diego, CA Mark O’Mara, attorney for George Zimmerman, will be the keynote speaker for Phil Richards our panel of outside counsel who will speak about tips and tactics from the trial Richards & Connor; Tulsa, OK lawyer perspective. Eric Schneider Anderson, McPharlin & Conners LLP; Los Angeles, CA Billy Murphy, who has represented Michael Vick and Don King, amongst others, Amy Miletich will be the keynote speaker for the second panel which will focus on these diffi- MiletichCohen PC; Denver, CO cult issues from the client’s perspective. Cori Cook Employee Benefit Management, Inc.; Billings, MT Violet Clark THURSDAY, MARCH 6, 2014 Laner Muchin, Ltd; Chicago, IL David Governo The Future of Our Profession Governo Law Firm LLC; Boston, MA Evelyn Davis Law Schools in Crisis – Law school enrollment is tanking and threatening the via- Hawkins Parnell Thackston & Young LLP; Atlanta, GA bility of some law schools. The reason is obvious, and ominous. The marketplace Mitch Frost Ferguson, Frost & Dodson, LLP; Birmingham, AL has spoken and smart young people are turning away from a future as lawyers. David Neave The troubling question is what will this brain drain do to the law firms – and ulti- Blake, Cassels & Graydon LLP; Vancouver, BC mately, the clients whom they serve -- in the long term? Marisa Trasatti Semmes, Bowen & Semmes; Baltimore, MD Law Firms in Crisis – Law firms and corporate legal departments are scrambling April Elkovitch to keep up with accelerating threats to their current business models -- permanent Meadowbrook Insurance Group; Westerville, OH pricing pressures; continued commoditization; new sources of competition; and Frank Gassler accelerating technology-based and process-driven alternatives to traditional law- Banker Lopez Gassler PA; Tampa, FL yering. Much is uncertain, but this much is clear: law firms that do not begin to G. David Godwin Carroll, Burdick & McDonough LLP; San Francisco, CA adapt – now -- to changes in the marketplace will find themselves well behind the Marc Young curve (if not out of business). Cokinos Bosien & Young; San Antonio, TX Clients’ Expectations for the Future – Steve Pasarow The dramatic changes in the legal world Knapp, Petersen and Clarke; Glendale, CA are not happening in a vacuum. Clients and client needs are driving the process. Thomas G. Oakes Clients are looking for firms to not just cut costs, but rather to change the value Thomas G. Oakes, Associates, LLC; Cherry Hill, NJ proposition in legal service delivery. Corporate clients are past the point of toss- Ed Stewart ing work out to hundreds of outside lawyers who need significant oversight and Wheeler Trigg O’Donnell LLP; Denver, CO training. This panel of leading in-house and industry counsel will explore how Mark O’Mara O’Mara Law Group; Orlando, FL practicing attorneys, located in-house and at outside firms, can navigate through Gray Culbreath the current turbulence roiling law schools and law firms alike, in order to align Gallivan, White & Boyd, PA; Columbia, SC with their clients’ needs and continue to provide successful and cost-effective legal Mike Lucey services as they move forward into an uncertain future. Gordon & Rees LLP; San Francisco, CA John Scott Starnes Davis Florie LLP; Birmingham, AL FRIDAY, MARCH 7, 2014 Billy Murphy Murphy, Falcon & Murphy; Baltimore, MD KEYNOTE SPEAKER Judge Andrew P. Napolitano Mike Harrington Eli Lilly and Company; Indianapolis, IN Our keynote speaker is the provocative, entertaining and compelling Judge Jay Hughes Andrew Napolitano. Fox News’ Senior Judicial Analyst since 1998, Judge W.R. Grace & Co.; Columbia, MD Napolitano broadcasts nationwide on the Fox News Channel and Fox Business Allen Campo American Jury Centers; Sun Valley, ID Network throughout the day, Monday through Friday. Famous for his candid Sandra Clark remarks, signature wit, and personal anecdotes, Judge Napolitano is one of the Mehaffy Weber Law Firm; Beaumont, TX media’s most outspoken analyst of the legal system, most fervent critic of govern- ment intervention into personal lives and commercial transactions, and a passion- ate defender of the Constitution.
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MARCO SECTION MEETING QUICK SHOTS: PRESENTERS Corporate Counsel and Insurance Industry Roundtable – The Road Ahead – An Joe Garza Dex Media, Inc.; Dallas/Fort Worth, TX open discussion amongst corporate and industry counsel members and guests William Henderson about what they see on the horizon. Professor, Indiana University Maurer School of Law Robert Fulton Keep Up or Get Burned: Changing the Rules for Fire & Explosion Investiga- Hill Ward Henderson; Tampa, FL tions – NFPA 921 was recently amended and major changes loom for NFPA William Vita 1033. What are the changes under Daubert and Carmichael? Westerman Ball Ederer Miller & Sharfstein, LLP; Uniondale, NY Thomas Clay Topics on the Horizon in Reinsurance, Excess, and Surplus Lines – Experienced Altman Weil, Inc.; Newtown Square, PA practitioners, industry insiders, and section members engage in an up-to-the- Michael Bonasso minute roundtable. Flaherty, Sensabaugh & Bonasso, PLLC; Charleston, WV
Linda Woolf Alternative Fee Arrangements – What works? What’s Happening? – Cut Goodell, DeVries, Leech & Dann, LLP; Baltimore, MD through all the chatter about AFAs and hear from two in-house lawyers who have Mercedes Colwin successfully implemented alternative fee programs. Gordon & Rees; New York, NY Jean F. Holloway Sampling, Extrapolation, and Experts: What’s Left? – Recent Supreme Court de- CR Bard, Inc.; Murray Hill, NJ cisions have limited the use of sampling and of experts in class action litigation. Sandra Phillips Toyota Motor Sales, Inc.; Torrance, CA Are you the Criminal? Liability for Criminal Acts of Third Parties and Mitch Borger Employees – When are business or premises owners liable for the criminal acts Macy’s, Inc.; New York, NY of a third party or employee? When do they face criminal exposure? Jason Fogg Monitor Liability Managers, Inc.; Rolling Meadows, IL Thank God it Wasn’t My Case! Top Ten Craziest Coverage Decisions – In rota- Roger Krupp tion, 5 speakers will discuss 2 outrageous coverage decisions, including where State Farm Mutual Automobile Insurance Company; Bloomington, IL the court went wrong. Terry-Dawn Hewitt Old Foes Exploring New Recoveries – Emerging Plaintiffs’ Tactics in Transpor- Adjunct Professor, University of Denver; Denver, CO tation Claims – As “Tort Reform” has impacted med mal and products recoveries, Rick Hammond Johnson & Bell Ltd.; Chicago, IL plaintiffs’ attorneys have sought out new targets. They’re bringing unusual and Randy Watson creative tactics to transportation litigation SEA Limited; St. Louis, MO “Take this Job and Shove It, I Aint Workin’ Here No More.”“What Happens Stuart Sklar Fabian, Sklar & King; Farmington Hills, MI When Johnny Takes More than a Paycheck?” – What urgent issues will you David Evinger face when a top employee, with all the keys to the client’s kingdom, suddenly Grotefeld Hoffmann LLP; Minneapolis, MN leaves to join the main competitor? Stephen Carter Carter Perry Bailey LLP; London, England Trouble in the Sandbox – Looming Headaches and Looming Liability for Elisa Garcia BYOD – Do you know best practices for dealing with these ubiquitous devices? Office Depot, Inc.; Boca Raton, FL Louann Van Der Wiele They’re Not Dead Yet – New Twists on Old Torts – Recent Chrysler LLC; Auburn Hills, MI developments initiated by plaintiffs’ attorneys, regulatory Chris DePhillips agencies, and the courts have breathed new life into torts Porzio Bromberg & Newman, PC; Morristown, NJ that we thought had run their course. Terrance Ridley Wheeler Trigg O’Donnell LLP; Denver, CO Handle With Care: Bad Faith in the Absence of Coverage – Experienced insurance industry insiders and their counsel discuss the current state of such claims. Simplifying a Complex World – 3D Printers, computer animations, visual presentation systems in the court- room... Learn how to keep things simple and communi- cate through all the clutter.
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MARCO ISLAND BOOK CLUB
Henriette Lazaridis Power’s debut novel, examination of family secrets and the The Clover House, was published by things we inherit, a powerful search for Ballantine Books in April 2013 and self that feels both unique and univer- was a Boston Globe best-seller and sal. Henriette Lazaridis Power immerses a Target Emerging Authors pick. The the reader in a world of tradition and Clover House centers on Calliope No- resilience, creating characters who lin- taris Brown, a young Greek-American ger long beyond their final pages. This woman who has always felt trapped is one of the best books I’ve read in a between two cultures. In Boston, with long time.” her compassionate fiancé, she can Power is herself a first-generation re-invent herself as Callie Brown, but Greek-American whose parents emi- when Callie receives a call that her grated to the United States in the late beloved uncle has passed away, she 1950s. Greek is her first language, is drawn back to her roots to claim her and she grew up steeped in Greek inheritance. Callie’s mother, Clio—with culture at home and during yearly whom Callie has always had a difficult summer-long trips back to Greece. relationship—tries to convince her not to Devoted to storytelling since her make the trip. Unsettled by her mother’s childhood bedtime stories from the strange behavior, and uneasy about Odyssey, Power earned three degrees her own recent engagement, Callie in English literature from Middlebury decides to escape Boston for the city of College, Oxford University, where she her childhood summers. After arriving was a Rhodes Scholar, and the Univer- an online literary magazine publish- at the heady peak of Carnival, Cal- sity of Pennsylvania. She went on to ing short fiction and essays exclusively lie begins to piece together what her teach English literature at Harvard for in audio form. A competitive rower, mother has been trying to hide. Among ten years. Her work has appeared in Power trains regularly on the Nestor’s belongings, she uncovers clues publications including Narrative Maga- Charles River in Boston. You can find to a long-kept secret that will alter every- zine, Salamander, the New England her on Facebook, Twitter, and at thing she knows about her mother’s past Review, The Millions, The New York www.henriettepower.com. and about her own future. Alternating Times online, and the Huffington Post. between contemporary and WWII- She is the founding editor of The Drum, occupied Greece, The Clover House is a novel of the search for identity, the challenges of love, and the shared his- tory that defines a family. USA Today called The Clover “A Peak Ahead… House “[a] stunning debut novel,” and the Boston Globe found the book to be Author Robert Edsel will be a keynote speaker “[an] insightful examination of memory at The Greenbrier. His book, The Monuments and the stories that hold us together— Men, describes the heroes who retrieved or perhaps tear us apart.” Brunonia and preserved European art treasures after Barry, New York Times and interna- World War II. The book is currently being tionally bestselling author of The Lace made into a movie, directed by and starring Reader and The Map of True Places, George Clooney, which will be released in had this to say: “Layered and complex, early 2014.” The Clover House is a provocative
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2014 Litigation Management College & Graduate Program Poised to Build on Past Success
“The Nation’s best claims-management cago. Students dissect and analyze the faith claims handling. Audrey Nelson, conference,” the Federation of De- fact pattern, consider the legal claims Ph.D. will also return to present her pro- fense of Corporate Counsel Litigation and defenses, size up the credibility gram, “Victors without Victims,” which Management College and Graduate of witnesses, and engage in other provides guidelines and techniques for Program, hopes to build on the great “hands-on” activities. Students learn managing conflict for a positive out- attendance and programming experi- how to handle claims more effectively, come. Laura Dominic and Jill Schmid enced in 2013. Next year’s College work more efficiently, analyze prob- Ph.D., of Tsongas Trial Consultants, will will be held at Emory University in lems more strategically, and negotiate discuss the art of preparing for and giv- Atlanta, Georgia, and “Save the Date” more successfully. In accomplishing that ing a good deposition. postcards have already been sent out result, industry experts and attorneys of- The LMC and Graduate Program to prospective students highlighting the fer expertise and strategic pointers on are described as “hands-on” for a 2014 LMC and Graduate Program a variety of topics including budgeting, reason. Students are expected to work dates of June 8-12, 2014. strategically together in teams, ne- The LMC and Graduate Program gotiate during mediation sessions, have traditionally been offered to insur- give presentations to the group, ance claims professionals who want ...industry experts and prepare both budgets and to reach the next level in their careers. and attorneys litigation case plans. Under the The 2014 edition of the LMC will also guidance and direction of Laura be expanded to targeted risk manage- offer expertise and Dominic and Jill Schmid Ph.D., of ment professionals as well as in-house Tsongas Trial Consultants, students counsel. The Graduate Program runs strategic pointers... give depositions in which they are side-by-side and draws more experi- cross-examined by seasoned trial enced claims professionals and the lawyers in the context of a mock alumni of the LMC. bad faith suit. In the Graduate In 2014, Scott Kreamer will return considerations of insurance coverage, Program, students “make their case” for as Dean of the College with Helen negotiation, mediation, partnering with authority to upper level management Alford serving as Dean of Curriculum defense counsel, and preparing litiga- and further develop negotiations skills for the LMC. The Graduate Program tion case plans. in mediation. will be led by Dean Bruce Dickinson In 2014, the LMC and Graduate The 2013 LMC was a great suc- and Assistant Dean Richard Traub. Last Program will welcome Marty Latz of cess and we hope to capitalize on this year, 100% of the students in the LMC the Latz Negotiation Institute to train momentum by raising the bar again and Graduate Program rated their ex- students in the art of negotiation. In ad- in 2014. If you have a client or col- perience as “excellent” and many have dition, Marty Latz is expected to intro- league who might be interested in at- proclaimed it “the best educational duce ExpertNegotiator, a web-based tending the LMC or Graduate Program, experience ever…”. negotiation software to help implement please have them contact Todd A. Rob- The LMC focuses on a detailed negotiation best practices. John Intondi, erts of Ropers Majeski Kohn & Bentley, true-life fact pattern that resulted in Senior Vice President of Axis Insurance, who serves as Dean of Admissions, at wrongful death claims arising out of a will provide insights, including how [email protected] fire in a high-rise office building in Chi- best to avoid any allegation of bad
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Come Home …to the Greenbrier – America’s Resort
July 27-August 2, 2014 coast. There are flights from several tours, but you may also enjoy exploring the quaint town and excellent restau- White Sulphur Springs, West Virginia major airports directly to the Green- brier Valley Airport, just minutes from rants on your own. Whitewater rafting, Come experi- the resort. You can also fly to Roanoke kayaking, and caving are also easily ence the magic Virginia and enjoy a scenic 70 mile accessible. of FDCC fel- drive. If you enjoy traveling by train, Keynote speaker: Michael lowship and you can take a train directly to The Scott has secured a very exciting and tradition at the Greenbrier. timely keynote speaker -- Robert Edsel, 2014 Annual Weather: We will enjoy pleas- the author of The Monuments Men: Leslie C. Packer ant, balmy days and crisp evenings. Allied Heroes, Nazi Thieves and the Ellis & Winters, LLP Meeting at Raleigh, NC the beautiful The average temperatures at the time Greatest Treasure Hunt in History. Mr. Greenbrier of year when we will be there are a Edsel’s book describes the heroes who Resort! This historic resort is nestled in high of 82 and a low of 57. retrieved and preserved European art a gorgeous setting, and is equally stun- Activities: We are planning a treasures after World War II. The book ning inside, having recently been pur- variety of activities, both at the resort is currently being made into a movie, chased and completely renovated by a and nearby. At the resort, you will directed by and starring George Cloo- local business and community leader. be able to take your pick of history ney, which will be released in early Plan to come help President Tim Pratt tours, bunker tours, nature hikes, fly 2014. Mr. Edsel’s talk with be all the and Christie Pratt celebrate their year fishing, sporting clays, casino lessons, more fascinating on the heels of the of leadership in this spectacular locale. horseback riding, archery, falconry, release of the film. We are planning a week of fun and much more. The golfers among So, make your plans to Come activities and social events, while Pro- us will be able to enjoy not only the Home to The Greenbrier this summer to gram Chair Michael Scott has been resort’s championship courses, but also join your FDCC friends in fellowship, putting together a spectacular pro- the recently restored historic nine-hole fun, learning, and celebration! gram. Here are some facts to help you Oakhurst Links. There is also plenty to plan your trip. do outside the resort. The Greenbrier —Leslie and Tom Packer Travel: The Greenbrier, just is just minutes from Lewisburg, recently Convention Chairs across the Virginia border, is easily ac- voted “America’s Coolest Small Town.” cessible by car for many on the east We will be offering Lewisburg lunch
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F DC C E VE N T S
2014 Meetings Future Winter
March 2 - 8, 2014 & Annual Locations FDCC Winter Meeting Marco Island Marriott Winter 2015 Marco Island, Florida February 28 - March 7, 2015 Waldorf Astoria El Conquistador June 8 - 12, 2014 Fajardo, Puerto Rico Litigation Management College & Graduate Program Annual 2015 Emory Conference Center July 25 - August 1, 2015 Atlanta, Georgia Fairmont Banff Springs Hotel Banff, Alberta July 27 - August 2, 2014 FDCC Annual Meeting Greenbrier Winter 2016 White Sulphur Springs, West Virginia February 28 - March 6, 2016 Hotel Del Coronado September 16 - 17, 2014 San Diego, California P&O Meeting Arizona Biltmore Annual 2016 Phoenix, Arizona July 23 - 30, 2016 Fairmont Le Manoir Richelieu September 17-19, 2014 La Malbaie, Quebec Corporate Counsel Symposium Arizona Biltmore Winter 2017 Phoenix, Arizona March 4 - 10, 2017 Omni Amelia Island Amelia Island, Florida
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The Federation Expands its Social Media Presence
For some time, we’ve had Facebook and LinkedIn pages. This year, however, we’ve greatly expanded our use of Social Media and have integrated it more closely with Do you follow the website. Our goal is to make the Federation more of your daily life, and to provide greater benefits to all the members. If you use any form of social media, following the FDCC on the FDCC will keep you up-to-date on Federation activities Andrew B. Downs and initiatives, breaking legal developments, and the ac- Bullivant Houser Bailey, PC social media? San Francisco, CA tivities of your Federation friends. Many of the attendees at the Annual Meeting enjoyed our special Twitter feed for that meeting and used it to share information regarding activities. Twitter: The FDCC is now on Twitter with multiple accounts. For general FDCC news and information, follow @FDCCDefense. We’ll provide you with information on FDCC activities, new content on the website, and the successes of your Federation friends. If you have a success you wish to share, please tell Marty Streeper – [email protected] – about it. If you’ve used Hot Cases, but twitter HOT CaSES don’t visit the website daily, follow Hot Cases on Twitter @FDCCHotCases and twitter every Hot Case will come to you in a Tweet. If you’re attending a convention, the f dEFENSE CCS, or the I-3, follow the dedicated Twitter feeds for each of those programs, @FDCC2014 for the Winter and Annual Meetings, @FDCC_CCS for the CCS, liNked iN and @FDCCI3 for the I-3. Individual Twitter accounts for the substantive law sec- f tions will be coming soon. facebook LinkedIn: The FDCC LinkedIn Group was revamped last year to include a members-only group to which marketing people don’t have access. We encour- age you to join and use it as a resource. If you’ve taught or been a student at the Litigation Management College in recent years, you should have received an invitation to join a members-only group for the LMC. The LMC has also created a Deans’ Blog containing interesting posts about litigation management and case evaluation tools. We’ve also created a members-only group for past attendees at the Insurance Industry Institute. Facebook: We still have a Facebook group and your family members are encouraged to join as well. Facebook can be an important part of sharing the fellowship of the Federation between meetings. The FDCC Website: If you have not been to the website lately, please visit. The website was revised last year and it gives greater prominence to the Article of the Month and the FDCC Blog. The Blog includes substantive postings on a variety of issues, Tim Pratt’s Commandments for Leadership, Frank Ramos’ Tips for Young Lawyers, Marisa Trasatti’s substantive posts, and others. If you would like to contribute to the blog, simply log-in to the member side of the website and, on the member services page, click on submit a blog post. We look forward to seeing you on-line.
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from_the_president upcoming_meetings FDCC_impact sister_organizations The 21ST Century Practice of Law
It’s always bloody when you’re the first one through the wall. In taking on the task of leading the team on the study of The 21st Century Prac- tice of Law, instantly instructive is a quote from Moneyball. “For forty one million, you built a playoff team. You lost Damon, Giambi, Isringhausen, Pena, and you won more games without them than you did with them. You won the exact same
Debra Tedeschi Varner number of games that the Yankees won, but the Yankees spent one point four mil- McNeer Highland McMunn Varner LC lion per win and you paid two hundred and sixty thousand. I know you’ve taken Clarksburg, WV it in the teeth out there, but the first guy through the wall always gets bloody, always. It’s the threat and not just the way of doing business, but in their minds it’s threatening the game. But really what it’s threatening is their livelihoods, it’s threatening their jobs, it’s threatening the way that they do things. And every time that happens, whether it’s the government or a way of doing business or whatever it is, the people holding the reins have their hands on the switch. They will bet you’re crazy. I mean, anybody who’s not building a team right and rebuilding it using your model, they’re dinosaurs. They’ll be sittin’ on their &@#! on the sofa in October, watch[ing] the Boston Red Sox win the world series.” Red Sox Owner John Henry to Billy Beane in Moneyball. Developed as an initiative of President Tim Pratt, the 21st Century Practice of Law Committee is comprised of attorneys from firms large and small, from cities large and small, corporate counsel, and industry counsel. Although this topic is be- ing studied by many, the Committee put together by President Pratt is the first known to include corporate and industry members. These members will provide unique perspectives as to their expectations from lawyers in the coming years. Through the generosity of the FDCC Foundation, the Committee will be working with a consul- tant to guide each of us through the wall, without the blood, of course. The focus of this project is to bring together an experienced and diverse group and identify the role, as well as the look of the 21st Century Lawyer. How will the legal arena take shape in the next fifteen years? What will the attorney/ client relationship look like in each area? How will cases be tried? Who will be trying the cases that get to trial? How will law firms be made up and where will law firms be housed? Is the ivory tower a necessity or a thing of the past? What about outsourcing? Are once required websites passé? What about the matrix? Will lawyers be hired based upon their trial skills, or will retention be purely num- bers based? This project will identify what lawyers need to do to keep up, what companies need to do to keep up, and what law firms need to do, not only to keep up, but to succeed in the next fifteen years. Failing to adapt in a positive way to the needs of future, as is evident from the recent past, will threaten liveli- hoods, jobs, and the way that things are done in the legal profession. Opening one’s mind and attending the presentation of this topic at the 2014 Annual Meet- ing will prepare you for the future. We hope that you will be part of the journey through the wall.
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from_the_president upcoming_meetings FDCC_impact sister_organizations AMICUS & public policy INITIATIVES
Since its founding in 1936, the party is under 1 that litigation should be “just, speedy affirmative duty and inexpensive.” Our President, Tim FDCC has been dedicated to the to preserve Pratt, will appear January 9, 2014 principles of knowledge, justice, information un- before the Rules Committee to testify der Rule 37(e). regarding the proposed Federal Rule and fellowship. Consistent with The FDCC amendments. Stacy A. Broman suggested that The amicus side of the Amicus Meagher & Geer PLLP the principle of justice, the Minneapolis, MN Rule 37(e)(i) and Public Policy Committee has also adopt a “com- been busy. An amicus brief was filed Amicus Committee has recently mencement of the litigation” trigger for in Maria Auqui, as Guardian of the been renamed the “Amicus and determining when preservation obliga- Property of Jose Verdugo, and Maria tions are imposed under the rules. A Verdugo v. Seven Thirty One Limited Public Policy” Committee. commencement of litigation trigger for Partnership, Bovis Lend Leasing Lmb, requiring preservation of information Inc., and North Side Structures, Inc. One of the goals of the Committee would provide a bright-line standard before the New York Court of Appeals, is to promote the principle of justice which is deeply needed. We also Case No. 100232/04. The issue in within the organization. To that end, supported the proposed revision to Auqui involved the preclusive effect to the Committee has worked closely with Rule 26(B)(i) redefining the scope of be given to decisions in workers com- Lawyers for Civil Justice in their efforts. discovery to matters that are “relevant pensation proceedings. The FDCC is Several Florida FDCC members to any party’s claim or defense and joining with the New York Insurance supported the Florida Bar’s efforts in proportional to the needs of the case.” Association, the National Association September to make a recommendation This modification to Rule 26 will clarify of Mutual Insurance Companies, and to the Florida Supreme Court regard- that the claims or defenses actually in the Property Casualty Insurers Associa- ing adoption of a Daubert standard in the litigation are properly what drives tion of America to file a brief in K2 Florida. FDCC members were encour- discovery. The FDCC also encouraged Investment Group v. American Guaran- aged to write to the Code and Rules of the addition of the word “material” to tee & Liability Insurance Company in Evidence Committee of the Florida Bar the Rule 26 test to further strengthen the New York Court of Appeals, No. Association encouraging the adoption the rule. Limiting discovery to non-priv- APL-2012-00055. The issue in K2 of Daubert. The FDCC also contributed ileged matter that is both relevant and relates to the consequences imposed to a white paper on professionalism material to a claim or defense would upon an insurer for a mistake in failing through our membership on the ABOTA serve to eliminate wasteful discovery to defend an insured. The FDCC has Civil Jury Roundtable. while allowing parties to obtain discov- urged that a wrongful failure to defend Most recently, we provided com- ery that is both relevant and material. should not alter the nature of the insur- ments to the Committee on Rules of We supported the proposed reduc- ance contract or the extent of coverage Practice and Procedure regarding the tion in presumptive numerical limits on provided under the policy. Proposed Amendments to the Federal discovery. The purpose of the FDCC’s The Amicus and Public Policy Rules of Civil Procedure. The FDCC comments to the Rules Committee was Committee continues to look for ways provided comments regarding pro- to encourage revisions to the rules that to promote the principle of justice posed changes to Rules 37(e), 26(b)(i) would further the goal of reducing dis- within the legal system. The Committee and the numerical limits on discovery. covery costs. The FDCC encouraged will also file amicus briefs in appropri- We urged the adoption of a clear, the Committee to return the rules to their ate cases that are of interest to our bright-line test to determine when a original purpose as espoused in Rule members.
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Investigative Report on the FDCC Invisibility Committee
When I became president, I was taken was titled “The FDCC Invisibility Com- into this Committee and their activities. into a locked room at our FDCC office mittee.” As I thumbed through the file, Eventually, we located the names and was provided access to top secret I was enlightened on why excellent of the current co-chairs of the Invisibility information. I learned the definitive members—all among the best and Committee—W. Hopper and answers on who shot John F. Kennedy, brightest of their area of practice and F. Akers—clearly pseudo names. where Jimmy Hoffa is living today, and geography—do not attend meetings We asked them to send a memo laying whether that is really Donald Trump’s or maintain a higher level of activity in out some details on their Committee: hair. But one file really intrigued me—it the FDCC. I authorized an investigation
TOP TEN MAXIMS OF INVISIBILITY COMMITTEE MEMBERS 10. Do not join FDCC substantive law sections because you must remain invisible to potential high-dollar clients who search the membership database for qualified lawyers with your expertise. If you are a member of substantive law sections, you will be found by potential clients. And nothing messes up a productive afternoon like an unexpected call from someone wanting to give you business. 9. Avoid the temptation to attend meetings. You will learn too much, make too many new friends, and network way too much. To remain Invisible, and miss beauti- ful Marco Island beaches, cutting edge CLE, dear friends, and the time of your life, you must ignore all FDCC emails and Section Newsletters in the coming months! 8. Always keep conversations with members of the Board, or leaders of FDCC committees, very short, always looking for an easy exit so you can break off the conversation immediately if it appears you may be asked to do something. 7. If you happen to attend a meeting, do not become one of the Ribbon People! If you’re a Host at an event (Hosting may result in Invisibility Committee expulsion anyway), make it clear that you are filling in for the real Host and decline any ribbon. 6. Never sit in the front or back of any program or meeting. Mix yourself in the middle and never sit on the aisle; this helps avoid FDCC members who might walk by and say, “Hey let’s talk later about getting you more involved.” 5. Avoid Dan Kohane at all costs; within 3 minutes he will find someone who chairs something and get you involved. 4. Never go to any event alone and don’t sit alone. Upon admission to the IC you will be introduced to other IC members with whom you can pretend to socialize when you are approached by The Ribbon People. 3. If you are ever asked how long you have been a FDCC member, always respond: “5-10 years and we rarely miss a meeting.” This turns the table in your favor immediately because The Ribbon People should have known you and already gotten you involved. You will embarrass them to silence. 2. Avoid all FDCC social media. You don’t want to learn about upcoming FDCC events or learn anything that will help you in your practice. And, if you become active in FDCC social media, you will attract way too many ”followers” and “friends.” Who needs that? 1. Keep an eye on members like Elizabeth Lorell, Andy Downs, Stacy Broman, and April Elkovitch. These people are NOT members of the IC and you can learn a lot by watching how they fell prey and ended up with responsibility. Understanding how they are trapped will help you remain Invisible!
We hope these maxims are instructive regarding some of the very significant inactivities of the Invisibility Committee. If you need more information, or if there is anything we can’t do for the FDCC, please don’t call us.
W. Hopper and F. Akers
Ok, yes, this was a spoof, and we are just joking around. But, we do want ALL FDCC members to enjoy the value of membership. And, to achieve that value, one should attend meetings to get to know other members, build important rela- tionships, learn a lot and become a vital and active part of our FDCC referral network. Find a way to become more active in the FDCC sections, committees and projects. The more you do, the more you get. — Tim Pratt PS: Thanks to my two crack investigators—Mills Gallivan and Don Myles—for their help in running President this investigation. They are charter members of the “FDCC Visible Committee.”
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WHAT’S THE FOUNDATION AND WHAT DOES IT DO?
Some of you • Judge Napolitano, a frequent The Foundation Fellows folks who are guest on Fox News (our Winter 2014 If you want to know if any organi- newer FDCC meeting). zation is worthwhile, look at its biggest members prob- • Professor Henderson, who will supporters. Are they the sorts of people ably aren’t present the future of law schools and you admire and whose judgment you sure what the law firms at our Winter 2014 meeting. trust? The Foundation’s biggest support- ers (though we have many small sup- William C. Roedder, Jr. Foundation is. • Judge Brook, who will entertain McDowell Knight Roedder & Sledge, LLC It’s you – each us all with his Clarence Darrow routine porters and are grateful for them Mobile, AL and every (our Winter 2014 meeting). all) are its Fellows. I have listed a few one of you. All FDCC members are • The National Foundation for and will name the others in my next automatically members of the Founda- Judicial Excellence, a program also article, but you can visit the Founda- tion. No dues, no fees, no minimums. supported by our sister organizations, tion’s section on the FDCC website (Okay, we do request donations; you which has the aim of presenting the (www.thefederation.org) for a com- don’t have to give, but you should). perspective of the defense trial lawyer plete list of our Fellows. The Foundation is a separate, but relat- to the judiciary across the nation. Gene Allen Howard Merten ed, non-profit entity that was founded Who Runs the Foundation? Bruce Celebrezze Don Myles over 50 years ago for the purpose of Anyone who misses a meeting Frankie Colon-Pagan Mike Neil providing programs that hone the skills of the Board of Directors is elected Steve Cozen Mike Nelson of our defense trial lawyers and help President. Our other officers are Alan Walter Dukes Tim Pratt our insurance carrier and self-insured Brown (Immediate Past President), Rich Bill Ewald Rob Radel members better perform their duties as Hall (President Elect) and Lewis Collins Steve Farrar Vicki Roberts managers and officers in their com- (Secretary/Treasurer). Our Board of John Fitts Amy Rubin panies. The Foundation also reaches Directors is also truly a Who’s Who of Mills Gallivan Tom Segalla outside of itself in support of other the FDCC (that’s a nice way of saying Frank Gassler Jim Semple programs that highlight the need for a The Old _ _ _ _ _): Steve Barney, Janet Rob Hunter Bill Tooms level playing field in civil litigation. Brown, Tom Cordell, Colin Croly, Dan Ed Kaplan Rich Traub Programs Funded by the Foundation Kohane, Mike Lucey, Wayne Mason, Scott Kreamer Deb Varner The Foundation has or will provide Jack Riley, and Sarah Timberlake. What Deb Kuchler Brad Waring funding for programs such as: a law firm that would make, except for Bill Leedom John Woodard • The “Lunch and Learn” webinars the fact that it might be a little top heavy. Elizabeth Lorell offered to FDCC member firms covering That’s where our two committees a broad range of substantive topics. come in. Our Fundraising Committee is I hope you will join us. We need peo- • The federal prosecutor who chaired by Diane Polscer and our Vis- ple-power and funding. I earlier men- handled the 9/11 conspiracy trial. ibility Committee is chaired by Terence tioned people-power for the work of our • A more efficient approach to Ridley. They truly do quality work and two committees. As for funding . . . Tim electronic discovery, as seen through a lot of it. Though they have committee Pratt is holding me to 700 words and the eyes of the judiciary. members working with them, they are in I have run out. Talk to you about fund- • Tips for trial attorneys from the need of more help. If any of you want ing next time. Seriously, we’ll talk about judicial perspective. to get involved, give Diane or Terence money after we have your heart. • The 21st Century Lawyer, a a call. They would welcome the help. — Bill Roedder new program to be presented over the President, FDCC Foundation course of the upcoming year.
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LCJ December Meeting to LCJ has submitted many formal in Phoenix, Arizona; and February 7th Feature Prominent National Leaders comments addressing Rule 37(e) and in Dallas, Texas. These actions will aid Lawyers for Civil Justice will be holding the B(ii) exception. The proposed new LCJ’s advocacy program during the its semi-annual Membership Meeting rule would prohibit sanctions for failure comment period. Please let LCJ know in NYC from December 5 – 6 this to preserve discoverable information if your organization will provide a wit- year. Prominent speakers attending unless the failure was “willful or in bad ness so we can provide background include Former United States Attorney faith” and causes “substantial preju- material and other assistance. General Michael B. Mukasey; John dice.” However, the exception could Fund, a nationally recognized political “swallow the rule” by allowing courts LCJ Now on Twitter! journalist for The Wall Street Journal; to impose sanctions absent any willful- Find us on Twitter, Facebook, and Professor Frank Buckley, author of the ness or bad faith where the loss of in- LinkedIn! During such an important recent book The American Illness; and formation “irreparably deprives” a par- time, LCJ has decided to utilize new Professor Peter Rutledge of University of ty of any ability to present or defend media to generate support for these Georgia School of Law. Additionally, the action. LCJ supports the adoption of proposed rules. There, you can get our General Counsel Roundtable will the proposed rule which represent ma- real-time updates, news about upcom- feature speakers from Boston Scientific, terials progress toward the three pillars ing events, info about us, our partners, Altec, and Eli Lilly. Many more speak- of discovery reform: (1) a national and and more! ers are planned! If you would like to uniform spoliation sanction approach; Last year, LCJ was delighted to join LCJ and register for the event, (2) a fair and practical revised scope have welcomed Bayer Corporation, please inquire about membership with of discovery; and (3) incentive-based American Family Mutual Insurance LCJ Executive Director Barry Bauman at cost default rules.” Company, BP America Inc., Honeywell [email protected] LCJ has also advocated for the International Inc., and Altria Client Ser- adoption of a “requester pays” dis- vices Inc. as corporate members. Major Discovery Rule Reforms covery rule. As LCJ outlined in our We also welcomed seven new as- Published for Public Comment comment, such a rule would “encour- sociate member law firms to our ranks LCJ is pleased to report that the Stand- age each party to tailor its discovery of over sixty associate members and ing Committee approved for publica- requests to the needs of the case by twenty corporate members. If you are tion and public comment proposed placing the cost-benefit decision onto interested in becoming a member Rule 37(e) and the Duke package of the requesting party – the party in the please see www.lfcj.com for more amendments, both of which LCJ and best position to control the scope of details or contact Barry Bauman at the defense bar organizations – FDCC, those demands.” [email protected] IADC, and DRI – have supported. Earlier this year, LCJ submitted two How you Can Support Discovery LCJ Welcomes New Diversity Initiative formal comments urging the Advisory and E-Discovery Reform LCJ is making an active effort to re- Committee on Civil Rules to adopt rea- It is important for those who support cruit new firms and representatives sonable legal reforms that would ease discovery reform to submit a letter to of diverse backgrounds. LCJ Diversity the burdens of discovery for companies the Advisory Committee during the Committee co-chair Markus Greene conducting business in America. This cor- public comment period, which closes (Pfizer) and Tanya Lawson (Sedgwick) respondence was part of LCJ’s FRCP Ini- February 15, 2014, and to participate are leading the member driven effort tiative which is focusing on fundamentally in one of the three public hearings. to reach out to minority firms and to revamping four key areas: notice plead- The dates and locations of the public include more minorities in the important ing; limiting discovery and e-discovery; hearings are as follows: November mission of civil justice reform. preservation; and cost allocation. 7th in Washington, DC; January 9th
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FDCC in the news
Recently, FDCC members in the Jackson, MS area meet for lunch to enjoy fellowship and what looks like great food. From left side of photo going back front to rear, James Holland, Ford Bailey, Ned Currie, Bob Biggs and Charles Griffin. On right side going front to back, David Dunbar, Keith Raulston, Richard Edmondson, Fran- ces Shields, Gary Friedman and Carter Thompson. Gary Friedman was instrumental in helping put this meeting together, and the group plans to continue meeting on a regular basis.
Three Federation members have recently become Fel- Douglas Houser, Bullivant Houser lows of the American College of Trial Lawyers, one of the Bailey, PC, Portland, OR, in a ca- premier legal associations in America. Congratulations to reer that spans more than 50 years, Bruce Parkerson, Plauche Maselli Parkerson, LLP, New has been hon- Orleans, LA; Eric Riegner, Frost Brown Todd LLC, India- ored many times napolis, IN; and John Bennett, Bullivant Houser Bailey, by his peers, PC, Portland, OR! his law firm G. Bruce Parkerson Founded in 1950, the College is composed of the Plauche Masellini Parkerson, LLP and his com- best of the trial bar from the United States and Canada. New Orleans, LA munity. Doug Fellowship in the College is extended by invitation and has just been Douglas G. Houser only after careful investigation, to those experienced trial recognized by Bullivant Houser Bailey, PC lawyers who have mastered the art of advocacy and the Defense Re- Portland, OR whose professional careers have been marked by the search Institute highest standards of ethical conduct, professionalism, (DRI) with the Louis B. Potter Lifetime civility, and collegiality. Lawyers must have a minimum of Professional Service Award. fifteen years trial experience before they can be consid- Eric A. Riegner ered for Fellowship. Frost Brown Todd LLC Indianapolis, IN Membership in the College cannot exceed one per- cent of the total lawyer population of any state or prov- ince. There are currently approximately 5,789 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows, and Honorary Fellows.
John A. Bennett Bullivant Houser Bailey, PC Portland, OR
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FDCC in the news
On this Veterans Day as we pay rightful tribute to those who served, let us remember the principles for which they served. Let us honor them by protecting and by defending the Constitution of the United States.
Federation member Tim Lickness had the honor in September of speaking at a war memorial dedication ceremony in Big Bear Lake, California. Tim, shown above at the ceremony, is a resident of San Diego and served in the infantry in the Vietnam War.
Shown at right are the Presidents of the four sister organizations who gathered at the recent DRI Annual Meeting in Chicago. From left to right are David Zizik (ADTA), Tim Pratt (FDCC), Molly Craig (IADC), and Mike Weston (DRI). Of significance is that three of these current Presidents (Pratt, Craig, and Zizik) are all members of the FDCC.
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2013 Annual THE BROADMOOR Colorado Springs, Colorado Meeting Highlights 2013 Sunday, July 28 – Sunday, August 4, 2013 Fdcc Annual Meeting With a setting like The Broadmoor, the 2013 Annual Sunday, July 28 – Sunday, August 4, 2013 Meeting promised to be a memorable meeting and it cer- tainly delivered on that promise! The program made each of us better attorneys for having attended and the activi- ties offered once-in-a-lifetime opportunities - which proved to be an unbeatable combination. The meeting theme of “Go For The Gold” borrowed a Scott J. Kreamer page from the Olympics and Walter Dukes put together a Baker, Sterchi, Cowden & Ricc, LLC Kansas City, MO program worthy of a gold medal. He had a collection of tremendous speakers and presentations. These included a panel of judges from the state, federal, and appellate benches who shared their insight on successful trial strategies and techniques. The presentation was made more significant by the fact that it was moderated by Jeff Pilkington who was performing his last role with the FDCC as he was recently appointed to the bench in Colorado. Our loss is Colorado’s gain, as Jeff will certainly make an excellent Judge! We also heard from the distinguished Attorney General of Colorado discuss- ing the legal dilemmas created by the passing of the legalization of marijuana. One of the highlights of the program was a riveting presentation by Chuck Rosen- berg about the prosecution of 9-11 terrorist Zacharius Moussaoui. The program ended with a highly motivational presentation by Alison Levine. The sections put together an impressive slate of presentations. These were headlined by a couple of blockbuster programs dealing with class actions and the right to bear arms. We were also able to learn about the latest technological advances and to test them out for ourselves. A special thanks goes out to each of the sections and plenary presenters for the great programs they provided. Copies of their papers can still be found on- line at www.thefederation.org This meeting will also be remembered for the fellowship shared with both old and new friends. From the start of the week, there were activities for everyone. Kids had a great time competing in the Family Olympics and the Parent-Child Bowling Tournament. Congratulations to the Varga family for winning the bowling tournament. To share all that was happening, we set up a “Twitter” account for the meeting. Check out the comments and pictures at #fdcc2013! A special emphasis of the meeting was providing opportunities for our mem- bers to meet new people. We kicked off the week with an amazing evening at the Cheyenne Mountain Zoo. Family and friends had a chance to feed more than a dozen giraffes, see lions and a host of other animals all while enjoying dinner and the spectacular view offered by this wonderful mountain zoo.
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2013 Annual Meeting HIGHLIGHTS
The majesty and grandeur of the Rocky Mountains was enjoyed in many dif- ferent ways - riding the Cog Railway (and even hiking!) to the top of Pike’s Peak, fly-fishing, biking, and ziplining just to name a few. Speaking of enjoying the out- doors, we were also able to experience one of nature’s most amazing creations - The Garden of the Gods - in a variety of unique ways including, by horseback and Segway. Wednesday evening brought us Ed and Maddy Kaplan’s President’s Recep- tion which was held on the stunning Broadmoor grounds. The members were able to witness a gorgeous Colorado sunset while dining on traditional Colorado favorite dishes. A neat memory of the meeting will be the late evening gatherings of old and new friends at places like The Golden Bee singing songs and enjoy- ing a fun game of bowling at a cool spot named Play. A highlight for many was our theme party at the United States Olympic Train- ing Facility. We shared a very special evening with many of America’s finest athletes. In eight different sports, we got to see up close athletes demonstrate the talents that make them the best in the world. That alone would have made for a memorable evening, but what made this event over and above was the interac- tion the athletes had with our members. We were able to talk with them and learn first-hand what made these athletes faster, higher, and stronger. Throw in a torch lighting ceremony in which Kacey Ratterree and the Wormsley family passed along an actual Olympic torch to Ed and Maddy Kaplan, and some amazing food from around the world, it was an evening we will never forget! We wrapped up the meeting with the Black Tie Dinner Dance. We were treated to some phenomenal music, including singing from Judy Garland’s niece. Most importantly, the occasion allowed us one last opportunity to celebrate the Presidency of Ed Kaplan and his wife Maddy. We owe much to both of them for all they have done for the organization. As we say goodbye to The Broadmoor, we look forward to the Winter Meet- ing in Marco Island! — Scott and Susan Kreamer Convention Chairs
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2013 Annual Meeting HIGHLIGHTS
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report_from_the Insurance Industry Committee Tomorrow’s Issues Today
The Federation presented its 2013 I-3 Insurance Industry Symposium (“I-3”) at the New York Athletic Club in New York City on October 2-4, 2013. The I-3 provided timely, cutting edge programs for experienced, senior industry pro- fessionals. The Symposium began with a cocktail reception on Wednesday evening which was held in the New York Athletic Club Hall of Fame. The cocktail reception kicked off the networking component of I-3 which continued until the program ended on Friday. Our opening program, entitled “Tomorrow’s Issues Today,” offered a panel discussion by insurance industry leaders from several insurance companies. Mod- Michael T. Glascott Goldberg & Segalla LLP erated by Janet Brown, corporate counsel discussed issues which confront their Buffalo, NY companies daily and described how those issues impact their decision making. The panelists also identified issues of growing concern for insurers in the future. Marc Harwell moderated an outstanding program entitled “Managing Social I-3 provided timely, Media and Company Image in Cyberspace,” which addressed the nuances of managing social media publications and their affect on insurers and corporations. cutting edge programs Marc’s panel discussed how to respond to social media publications that affect insurers and, moreover, the consequences of not dealing appropriately with such for experienced, senior issues and the social media fall out which can result. industry professionals We ended programming on Thursday with a timely topic entitled “The Life Cycle of Cyber Exposures.” David Governo moderated a diverse panel which discussed exposure to an elusive risk that can result in significant losses for com- panies firms and clients. A cocktail reception was held at the end of the program on Thursday before all ventured forth to a night of dining in the Big Apple. On Friday, our attendees were treated to a panel discussion led by Christian Lang and Stephen Carter entitled “Windows On The World: A Global Look At International Issues.” Panelists from the United States, the United Kingdom, Swit- zerland, and Australia discussed nuances of their judicial and arbitration systems with interesting commentary and anecdotes relating to the difficulties their clients have had in operating outside their respective “home” countries. Our Symposium ended at noon on Friday with two panels which addressed as- pects of a growing problem in the insurance industry. Jennifer Johnsen and Mercedes Colwin moderated panels for a program entitled “Competing For Talent In A Shrink- ing Pool.” The program discussed growing concerns with the search for talent in our next generation of industry professionals. Discussions of issues relating to recruitment, retention and quality of life for insurance professionals were explored. The I-3 was attended by a diverse group of insurance executives and corpo- ration counsel. More information can be obtained with regard to the Insurance Industry Institute, including the papers prepared by our panels, on the FDCC’s website at www.thefederation.org Alternatively, please feel free to contact the FDCC Executive Director, Marty Streeper, I-3 Program Chairs (Kelly Dalmass, Helen Alford, and Mike Glascott), or the Insurance Industry Committee Chairs (April Elkovitch and Andy Downs).
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report_from_the corporate counsel Committee
The theme of the 10th Annual Corporate Counsel Symposium (CCS), held at the Chicago Swissotel, was “Corporations in Crisis: Protecting the Brand.” The program was an outstanding success, with keynote speak- er Bill Courtney, the subject of the Academy Award win- ning documentary “Undefeated,” challenging attendees to J. Richard Caldwell, Jr. “do the right thing” for the right reasons, in both Rumberger Kirk & Caldwell Tampa, FL personal and professional lives. The presentations focused on real-world orga- nizational crises, and lessons to be learned from these situations, which could benefit corporate counsel in representing their clients. An in-depth look at the Penn State crisis provided riveting details of how not to deal with an internally-created threat to the organization. Handling external threats, such as governmental regulatory intrusions, and the importance of the initial responses to crisis situations were also the subject of fasci- nating presentations. The Eaton v. Frisby case in Mississippi provided an object example of how excessive zeal in trying to win a complex case can lead to ruinous complications. Ethical issues were explored during an analysis of a hypothetical situation, based on a real-life case involving questionable allocations of coverages pertaining to a disaster. Presenta- tions addressing “bet the company” litigation, and fostering communication skills to avoid aggravating crisis situation were very well-received. A highlight of the CCS was a presentation by FDCC President Tim Pratt, along with Robert Schultz of State Farm and Daniel Devers of Cerner Corporation, concerning challenges confronting lawyers who accept positions as in-house counsel after careers as outside counsel with private law firms. Another highlight was a presentation by Katherine McClain of the Livestrong Foundation, describing the crisis facing that organization during and after the allegations against Lance Armstrong, and his well-publicized “confession.” Speakers included representatives of Cohn & Wolfe, Dex Media, Inter- act911, McGinn & Company, Marketing Resource Group, Inc., Boston Scientific Inc., State Farm Insurance, Cerner Corporation, Zurich N.A. Insurance Co., NationBuilders Insurance, the Illinois Attorney Registration and Discipline Com- mission, HDI-Gerling America Insurance, PNC Bank, Northeast Mississippi Daily Journal, Dryvit Systems, Inc., SPX Corporation, Burson-Marsteller, Devon Interna- tional Group, Acadian Ambulance Service, Inc., and BNSF. As always, the support of our exhibitors was crucial to the success of the CCS. Those companies were: BMC Group, Biodynamics Research Corp., CED Investigative Technologies, Inc., Engineering Systems, Inc., Exponent, Inc., Foren- sic Economic Studies, Habif, Arogeti & Wynne, LLP, Rimkus Consulting, SEA Ltd., and Thomas G. Oakes Associates. Next year, the Corporate Counsel Symposium will be presented at the Arizona Biltmore in Phoenix, AZ, September 17-19, 2014. We hope to see everyone there.
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from_the PRESIDENT-ELECT
Value In, pate in any way. Access to our talent participated and giving opportunities More Value pool and worldwide contacts has re- to those who wish to become more sulted in referrals, not only from clients, involved. I hope any of you who are Out but from other outside counsel members interested in becoming more involved, As I marvel that the who are looking to refer their clients to or involved in a different way, will entire secretary- “the best of the best” in another region. get in touch with me to talk about the treasurer year By participating more actively, you be- many ways your Federation member- flashed by and come better known and expand your ship can become even more meaning- Victoria H. Roberts we are already a Meadowbrook Insurance Group contacts – and make more friends as ful to you and to your practice. Scottsdale, AZ quarter through this well. The bonds that form are endur- There is so much value derived Federation year, ing, so that it is no surprise that hun- from participating in the many ways I’ve wanted to thank the many members dreds of our members socialize with that you do. Thank you for all you do from whom I’ve received e-mails, letters each other throughout the year, attend- to make the Federation the best de- and notes (people really do still write ing college football games, children’s fense organization. them), and phone calls from members weddings, and traveling the world who are participating in FDCC ac- together. — Vicki Roberts tivities. There are committee members One of the challenges and, at President-Elect with innovative ideas, section chairs the same time, opportunities for the planning great programming, and president-elect is to newer members wanting to learn how appoint members to become involved. We have such a to committee and wealth of talented members who are section leadership, dedicated to the defense community recognizing those One of the challenges and to the Federation. From all of those who have already and, at the same who volunteer, or who very readily agree to help when asked, I hear the time, opportunities for same refrain – I get so very much from my membership, and the more I par- the president-elect is ticipate, the more I get out of it. Both to appoint members professionally and personally, my life has been enriched by being part of this to committee and wonderful organization. It is truly remarkable how many of section leadership... you contribute in such diverse ways, and it is true that the “pay-back” is real for those who take the time to partici-
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from_the secretary-treasurer
I am happy to pro- examined a number of financial issues • The survey reflects that we con- vide you with this, of the organization and came up with tinue to have more of our members my first report, as various ideas, many which have al- interact with the exhibitors but we can Secretary-Treasurer ready been implemented. Among them, still do better. Keep in mind that these of the Federation. the Subcommittee recommended that exhibitors provide a tangible immedi- I am humbled by the Finance & Budget Committee ex- ate benefit to us by helping defray the the confidence pand its process of reviewing all of our cost of our meetings. In addition, the Steven E. Farrar placed in me and project budgets during the year. While long-range benefit is that you develop Smith Moore Leatherwood LLP Greenville, SC recognize that my our project leaders of these events have business relationships with people predecessors, par- consistently been outstanding shepherds who will provide excellent service to ticularly the person whose shoes I am of our resources, this strengthening of you and your clients. At the next meet- filling, Vicki Roberts, have set the bar of the oversight by F&B will benefit the ing – Marco – please take time to talk excellence very high. I look forward to Federation by allowing us to share to our exhibitors. They are friends of working to try to maintain the standards positive lessons learned across other the Federation. they have established. projects. Past Presidents and F&B Com- This report will focus on the fi- mittee veterans, Lewis Collins and Dan Upcoming nances of the Federation as well as the Kohane, will initially shoulder the re- There are great meetings on the survey results of our recent meeting at view process. Please thank them when horizon. Marco Island is right around the Broadmoor. you have an opportunity. the corner and we will see everyone there in early March. While I have Federation Finances Convention Review the opportunity, I want to help you At the outset, I am pleased to report We just tallied our survey results for plan ahead. In the winter of 2016, that the FDCC remains financially very the Broadmoor meeting and they were the Federation will go to the Hotel Del sound. The Finance & Budget Commit- outstanding. Scott and Susan Kreamer Coronado in San Diego, California, tee met at the Summer Meeting and and Walter and Elaine Dukes should one of our country’s National Historic reviewed the various budgets. Our take great pride in knowing that the Landmarks. This will be the Federa- projects remain financially strong, our result of the survey of our members was tion’s first trip to this stately resort. Then, conventions have been extremely well overwhelmingly positive. in the summer of 2016, we will return managed both in terms of reviews (more I want to share a few of the re- to the Fairmont Le Manoir Richelieu on that below) as well as economically, sponses with you: which is nestled majestically between and our General Fund was managed • 85% of the respondents rated the sea and the mountains in La Mal- on-line almost to the penny by our Chair, the overall quality of the meeting “ex- baie, Quebec. Both of these meetings Ed Kaplan. When the year-end dust cellent.” will be at world class venues in excit- cleared, Ed had managed to bring the • That number was even higher ing locations. Start thinking ahead. budget to actual variance to 1/10th for those who would return to the Finally, I encourage any to you to of 1% (to OUR favor). The precision by Broadmoor for a future meeting. touch base with me if you have any which he accomplished this reflects the Ninety-one percent of the respondents questions about the Federation or how incredible attention he brought to the task. indicated they would return. to get involved. I look forward to see- We continue to be stewards of • While there was praise for all ing you all again soon. the Federation’s resources. As you may of the activities, the Theme Party at the know, the Financial Review Subcommit- Olympic Training Center was over- — Steve Farrar tee issued its report in 2012-2013. It whelmingly mentioned as the top event. Secretary-Treasurer
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from_the BOARD CHAIR
Four years and LCJ (Lawyers for Civil Justice) at- tinue to contribute as an officer, serve rotation tending three DRI and two LCJ board on several committees, and chair the through the meetings each year. One of your ma- Board of Directors’ meetings. jor efforts is appointing Chairs for the One note about my role as Chair- Federation next year’s substantive and administra- man of the Board, in 2004, then officers’ Chairs tive committees. President Jean Lawler initiated a train- has been a The Presidency brings with it some ing process so that our Board would wonderful continuing and many new responsibili- spend less time receiving reports and Edward M. Kaplan Sulloway & Hollis PLLC journey for ties. Your travel responsibilities won’t more time addressing, discussing, Concord, NH Maddy and me. change much from the preceding year, and resolving issues important to the but you will be actively speaking on Federation. During my term, I plan to I thought it might be helpful to behalf of the Federation at the meet- fully return to a participatory board those considering moving toward an ings you attend. You also participate which will address and resolve issues. Officer role to provide a brief descrip- in a daily stream of e-mails from mem- Our Board meetings are open to any tion of what could lie ahead. bers needing responses or from those member of the Federation. Although As Secretary/Treasurer, you take needing decisions. You are the point probably not as exciting as a good responsibility for and begin to unravel person to make the final decisions (in round of golf, or even sitting on the the financial elements of the Federation. consultation with the other officers and beach with a good book, if you are You also participate (as an officer) in Executive Director) on numerous matters curious stick your head in and see some of the decision making that oc- of importance to the Organization. In what it’s all about. No one will ask curs on a day-to-day basis. You chair addition, you work closely with your you any embarrassing questions or the Finance and Budget Committee Meeting and Program Chairs to put force you to make any comments. meeting at the Winter and the Annual together “your” Winter and Annual One final thought…it sounds like meetings; and participate in an Officer Meetings. If you have put forward any a lot of work, and to some extent, it Retreat (for planning purposes) and a new initiatives, will work with others to is. However, it is an unbelievable op- yearly Evaluation meeting where the make them as successful as possible portunity filled with so many wonderful five past presidents, the officers, the and you oversee our other important new friendships and highlights along Executive Director, and the most recent conferences (such as the Corporate the way. Best of all, you get to rep- Meeting Chairs meet to discuss the cur- Counsel Symposium, the Insurance resent a great organization. Thanks rent state of the organization and steps Symposium, and the Litigation Man- for the honor you provided to Maddy to consider for its improvement. agement College). and me. When you become President- Mercifully, within a week or so Elect, you begin to appreciate the of the time you have completed your — Ed Kaplan relationship of our organization to our presidency, it is amazing how quickly Board Chair sisters and to the place the Federation the e-mails stop. There are few, if any, holds in the broader defense com- decisions that you need to be make munity. You will join with the ADTA, and you are instantly (and happily) a IADC, and DRI at its meetings and “has been.” I am thoroughly enjoying represent the FDCC. As President Elect my role as Chairman of Board and (and for the two years thereafter), you the lack of attention my new position have a position on the Boards of DRI receives! My responsibilities are to con-
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I believe that I may have been predestined to be a defense I sought to join attorney. My parents were indelibly impacted by the Great the FDCC for Depression and their childhood experiences, and they passed three primary on the lesson that life was sometimes tough and there were reasons. First, no guarantees, despite one’s best efforts, intentions, and hard the FDCC work. My mother, who was raised in a hard-working Midwest- stands for ern farming community, lost her beloved father and brother excellence: Its in an accident before turning ten. My paternal grandparents attorneys are Amy L. Miletich emigrated from Croatia and my grandfather led the proverbial Stephen Feldman the most trusted Miletich Cohen PC Ellis & Winters, LLP Denver, CO tough life as a young man working in a coal mine and later, as Raleigh, NC of advisors. a farmer. They instilled a strong work ethic in their ten children, FDCC mem- and with an almost religious fervor, demanded that they all attain the highest educa- bership provides the chance — both tion for which they could strive. This tradition was handed down to the next genera- through formal programming and tion as the defense and honor of the American ethos was ingrained in me and each personal relationships — to learn of my five siblings, all of whom attended college and most, graduate school. what makes these great lawyers so Throughout the years, my inclined defensive stance has only grown, as has the successful. In short, the FDCC will realization that we all can only achieve our best by working together. One of the make me a better lawyer. Second, best aspects of the FDCC is the sincere camaraderie that imbues each gathering. At the FDCC is client-centered. Its my first meeting, it became very apparent that these talented, accomplished lawyers membership intentionally includes are not just at the top of their respective games, but are truly friends with each other corporate clients. One of its featured and add a sense of balance to each other’s busy legal practice. I am proud to be events is an annual Corporate Cli- an FDCC member. I look forward to being an active one, to the superb legal presen- ent Symposium. Delivering value tations in spectacular venues, and to my many new FDCC friends. to clients — the touchstone for a successful legal practice — is the centerpiece of the FDCC’s mission. Finally, I am drawn to the FDCC’s My membership in of attorneys, both in private practice and commitment to fellowship. Our lives the Federation has in-house, has expanded tremendously — legal and non-legal — revolve paid immediate through the organization by way of around relationships. The FDCC not dividends. Starting individual meetings and referrals. Addi- only acknowledges the importance with attendance at tionally, I feel a tremendous comfort level of relationships, but also designs its my initiation and utilizing or referring Federation attorneys very purpose around them. FDCC first FDCC event who I know are some of the best in the members aren’t merely collegial to in July 2013, I profession. On a personal level, I have each other; they’re friends — often Alan Bryan Wal-Mart Stores, Inc. have become already established friendships that I lifelong friends. My wife, Leah, and Bentonville, AR acquainted and anticipate will last a lifetime. More than I look forward to getting to know, had personal in- any other legal organization in which I on a personal level, the members teractions with numerous attorneys who have held membership, the Federation of this organization. These personal provide legal services to my company. offers a level of professional excellence relationships will enhance all of our Membership has also provided me a and genuine camaraderie like none I lives. wealth of connections to qualified and have ever experienced. As the saying experienced attorneys who I know are goes, “membership has its privileges,” of high standing and good character but it is my privilege to be a member. within the legal community. My network
federation_flyer_fall_2013 | 29 ON COLOR BACKGROUND
FDCC_in_the_news past_meetings officer_notes new_members from_the_president upcoming_meetings FDCC_impact sister_organizations
Welcome ON WHITE BACKGROUND NEW MEMBERS
Miguel A. Quinones Stephen J. Heine Corporate Counsel SeaRiver Maritime, Inc., Heyl, Royster, Voelker & Allen, Mark F. Brancato An Exxon Mobil affiliate, Houston, TX Peoria, IL Sponsors: Rene J. Mouledoux; Sponsors: Edward M. Kaplan; FLSmidth Inc., Bethlehem, PA James L. Chapman, IV Robert H. Shultz, Jr. Sponsors: Edward J. Currie, Jr.; Russell B. Morgan Keith K. Hiraoka James E. Cocke Defense Counsel Roeca Luria Hiraoka LLP, Honolulu, HI Sponsors: Wesley H.H. Ching; ERMC Property Management Co., LLC, Emile H. Banks, Jr. Peter W. Olson Chattanooga, TN Emile Banks & Associates, LLC, Sponsors: Edward J. Currie, Jr.; Milwaukee, WI Kay C. Jenkins Elizabeth F. Lorell Sponsors: Barrett J. Corneille; Atwood, Malone, Turner & Sabin, PA, Lori A. Edwards Michael L. Eckert Roswell, NM Sponsors: Nicole M. Charlebois; Glatfelter Claims Management, Inc., Charles T. Blair Robert E. Sabin York, PA Troutman Sanders LLP, Sponsors: Edward J. Currie, Jr.; Washington, DC Lonnie D. Johnson Sam Hoar Sponsors: Edward H. Starr; Clendening Johnson & Bohrer, P.C., Robert G. Fisher Victoria H. Roberts Bloomington, IL Sponsors: John C. Trimble; Scottsdale Insurance Company, Clinton V. Cox, IV Steve E. Springer Scottsdale, AZ Fee, Smith, Sharp & Vitullo, L.L.P., Sponsors: Edward J. Currie, Jr.; Dallas, TX Sheila T. Kerwin Jay R. Sever Sponsors: Kurt M. Rozelsky; Nilan Johnson Lewis PA, Michael E. Klein Carlos Rincon Minneapolis, MN Sponsors: Heidi G. Goebel; Altria Client Services Inc., Michael J. Denning Angela B. Brandt Richmond, VA Heyl, Royster, Voelker & Allen, Sponsors: Michael I. Neil; Rockford, IL Ky E. Kirby Clark R. Hudson Sponsors: Robert V. Dewey, Jr.; Bingham McCutchen LLP, Paul A. Konopka Gary D. Nelson Washington, DC Sponsors: Deborah D. Kuchler; ViaSat, Inc., Carlsbad, CA Celeste D. Elliott M. Elizabeth Medaglia Sponsors: Michael I. Neil; Lugenbuhl Wheaton Peck Rankin & Clark R. Hudson Hubbard, New Orleans, LA Kathleen A. Lang James G. Koutras Sponsors: Victoria H. Roberts; Dickinson Wright, PLLC, Detroit, MI Sponsors: James E. Lozier; Cristal USA Inc., Hunt Valley, MD Jay Sever John P. Jacobs Sponsors: Robert T. Franklin, Esq.; James (“Rick”) R. Harmon Paul Finamore, Esq. Thompson, Coe, Cousins & Irons,L.L.P., Caryn Lilling Joshua E. Kranz Dallas, TX Mauro Lilling Naparty LLP, Woodbury, NY Hisco, New York, NY Sponsors: R. Wayne Gordon; Sponsors: Dan D. Kohane; Sponsors: Andrew B. Downs; William J. Kautter John V. Fabiani Mercedes Colwin
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Gregory T. Lusby Robert B. Stock Arnold Gallagher, PC, Eugene, OR Vogel Law Firm, Fargo, ND Sponsors: Ralph S. Spooner; Sponsors: Dan Vogel; Frank A. Moscato Edward J. Currie, Jr.
Jane M. Lynch Christopher D. Stofko Green & Green, Lawyers, Dayton, OH Dickie, McCamey & Chilcote, Sponsors: W. Roger Fry; Pittsburgh, PA K. Roger Schoeni Sponsors: Brett J. Preston; EAR MEMBER Nancy R. Winschel Y S Sawnie A. McEntire Beirne, Maynard & Parsons, L.L.P., Robert L. Walsh Dallas, TX Jones Walker, LLC, New Orleans, LA Sponsors: W. Michael Scott; Sponsors: John G. Gomila, Jr.; Carlos Rincon Steven F. Casey John Arness
Thomas P. Miller David L. Warren, Jr. Christie Law Group, PLLC, Seattle, WA Ogletree, Deakins, Nash, Smoak & Charles Damsel Sponsors: Robert Christie; Stewart, P.C., Birmingham, AL David A. Thorner Sponsors: Beverly P. Baker; Helen Johnson Alford Gary T. Montgomery Roy Hammond Thompson & Colegate LLP, Gordon L. Welborn Riverside, CA Hart Wagner, LLP, Redmond, OR Sponsors: John W. Marshall; Sponsors: Ralph S. Spooner; Forrest Norman James P. Collins Frank A. Moscato Daniel J. O’Connor Charles Tindall O’Connor & Campbell, P.C., Industry Phoenix, AZ Sponsors: Donald Myles; James L. Wright Stacy Williams Carl Mariano David Morse & Associates, Glendale, CA Arthur J. Reliford, Jr. Sponsors: Jerry Valentini; Jay Sever Swanson, Martin & Bell, LLP, Chicago, IL Sponsors: Violet M. Clark; Thomas H. Neuckranz
John W. Scott Scott Dukes & Geisler, P.C., How do you like the new look and feel Birmingham, AL of The Federation Flyer? Sponsors: Laura A. Foggan, Esq.; Let us know your thoughts, impressions, and suggestions. Beverly P. Baker Please share your news and accomplishments for possible Andrew J. Sinor, Jr. inclusion in future issues of The Flyer. Our goal is to highlight Hand Arendall, LLC, Birmingham, AL members as well as to demonstrate the impact of the FDCC Sponsors: Michael C. Niemeyer; Gregory A. Witke on our members. Your contributions are encouraged and wel- Charles A. Burkhart Patterson Law Firm come. Please direct such communication to The Flyer’s Editor, Des Moines, IA Greg Witke at [email protected]
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Send your comments regarding the Flyer to: Gregory Witke — [email protected] A publication of the Federation of Defense & Corporate Counsel
2013-2014 Officers & Board of Directors
Back row standing: Bob Christie, Ned Currie, Michael Scott, Howard Merten, Andy Downs, Walter Dukes, Steve Farrar, Ed Kaplan, Mills Gallivan, Michael Glascott, Leslie Packer, Bruce Celebrezze, and Scott Kreamer
Front seated: Elizabeth Lorell, Vicki Roberts, Marty Streeper, Tim Pratt, and Deb Varner
Missing: Deb Kuchler, Don Myles, Todd Roberts, and Brett Preston 32 | federation_flyer_fall_2013