President's Message FDCC Annual Meeting

Volume 38, No. 2 Spring 2011 Editor - Gregory A. Witke

President’s Message FDCC Annual Meeting

Magis….Taking the gifts, talents, resources that July 24 – 31, 2011 we have and making them Williamsburg, Virginia More….Doing the best Deb Kuchler, Convention Chair with what we have…In our practices, our Federa- n this Sunday to Sunday meeting, we’ll experience all that Colonial Wil- tion, and our lives. This has liamsburg has to offer. What a great venue for families! We’ll kick off been the focus for 2010- Ithe week with trips to Busch Gardens Europe and Water Country U.S.A. Tom Cordell 2011. The sections have Excursions to Fort President been revitalized through Pocahontas and the leadership of Steve Sherwood Plan- Farrar and the section leaders. The Fall Leader- tation, Jamestown ship Meeting provided a forum for the sections and Yorktown will to refocus their efforts to provide the membership provide fun ways to with educational opportunities on issues that are delve into history. on the cutting edge of their practice. Each section Museum and his- has developed their own webpage. Through the toric area tours will efforts of Scott Kreamer, David Fuqua, and the be available with Website Committee, the FDCC website has been docents to lead the redesigned to be more responsive to our members’ way. As you stroll needs. The Officers met for the first time ever at down Duke of an FDCC Officers’ Retreat to consider the future Gloucester Street, of the Federation, to identify a three year plan you’ll be amazed for the organization, and to assure that there is by the recreation continuity of the organization’s goals and plans of a thriving colo- with each transfer of leadership. At the Indian nial town complete Wells meeting in March 2011, the FDCC began with craftsmen, politicians, and living history presentations. the establishment of a relationship with Apple to “Cry Witch” and The Grand Medley of Entertainment will offer colo- assist Apple in identifying the needs of the legal nial entertainment of unusual types. Where else could you be the jury in a community and how Apple can respond. The Fed- witch trial? Or, participate in an old-world carnival? eration has established an account with Apple for Character interpreters will make our week especially memorable. Sip li- its members, so that when any FDCC member bations with George Washington at our Sunday evening cocktail reception. makes an Apple purchase, they can receive a dis- Visit with Anne Henry Christian, sister of Patrick Henry, in our Spouse/ count by referring to the FDCC. Among one of Guest session on Monday. Thomas Jefferson and his manservant, Jupiter, our most important outreach efforts is the work will offer a performance of “White Goes First” at the International and of the Foundation and the FDCC in establishing Diversity Dinner on Tuesday. Patrick Henry will join us for afternoon tea (See President’s Report Page 2) (See 2011 Annual Meeting Page 3) Please take this Federation Flyer home to your family. PRESIDENT

(President’s Report Continued from Page 1) after, the times slots were made available to the general mem- a partnership with the Colonial Williamsburg Foundation to bership in the afternoon. Because the committee’s deliberations take the message of the rights, duties, and responsibilities of became somewhat delayed, members had to wait quite some citizenship in the United States to our communities, educa- time before they could appear. While some dutifully waited tional institutions, students, and citizens. The Foundation and until their time to speak, others, because of scheduling conflicts, the FDCC will roll out this program at the Annual Meeting were unable to address the committee. Last year, to address in Williamsburg. Through our coordinated efforts, the goal is this logistical issue, and also to encourage as many members to inspire our nation with as possible to appear before the meaning and responsi- the committee, the order of bilities of citizenship. appearances was modified. The Indian Wells Meet- “Among one of our most important outreach This procedure seemed to ing kicked off the celebra- efforts is the work of the Foundation and the relieve the delay problems. tion of the FDCC’s 75th This summer, we will rein- Anniversary, which will cul- FDCC in establishing a partnership with stitute this same procedure. minate at the Annual Meet- The Officers will appear being in Williamsburg. Our the Colonial Williamsburg Foundation to fore the Nominating Com- thanks go out to the Indian mittee in the morning. They Wells Convention Chairs, take the message of the rights, duties and will be held to their allotted Mike and Linda Nelson, responsibilities of citizenship in the United time. Thereafter, the general and Program Chair, Bruce membership will next have Celebrezze, for all of their States to our communities, educational the right to appear before the excellent work in providing committee. The Nominating us all with a Convention institutions, students, and citizens.” Committee sign-up sheet that exceeded all of our ex- is electronic and has been pectations. We look forward sent to members attending to experiencing the fruit of the tireless labor of Deb and John the Williamsburg meeting. There will also be a sign-up sheet Kuchler and Deb and Jim Varner in Williamsburg. Plan to placed in the Registration Area starting on the first day of join us for this convention. registration at the convention. The candidates will speak to the Nominating Committee at the end of the day in the following The Nominating Process order: VP candidates, Director candidates, and candidates for We continue to perfect the nomination committee process Secretary/Treasurer. for our membership. We want the process to be fair, open, and The resumes of the candidates have been posted on the transparent. We want everyone who wishes to participate to web in the Members Only Section. In addition, each of the have the opportunity to do so. And, we want the process to candidates for Secretary/Treasurer has submitted a “Vision be as expeditious as possible, so that the burden on the mem- Statement,” which has been posted. bers of the nominating committee, the candidates, and you, We hope that by giving our membership the first oppor- the members, is not too onerous. As we continue our efforts tunity to address the Nominating Committee, it will address to achieve these goals, we are cognizant of the need to assure not only the logistical problems we have faced in the past, but that you appear before the committee at your requested time also accentuate our desire that the membership be as involved slot. We realize how difficult it has been to appear before the as possible in the nomination process. committee when, for whatever reason, the schedule is not If you have any thoughts about the process, please don’t maintained. We are committed to continuing to streamline hesitate to send me an email or give me a call. the process so members can rely upon the process. We an- —Tom Cordell ticipate that the process will take place during one day, with results being available in the late afternoon or early evening. This year’s nominating committee will convene at 7:00 am and Click for FDCC Governance Brochure work straight through the day until their work is completed. Last year, during Mike Lucey’s term, the process was again evaluated and the process adjusted to avoid unreasonable delays. The morning deliberations have typically involved appearances Click for Nominating Committee Sign-up Sheet by the officers, members of the Board, and the candidates. There-

2 Spring 2011 Federation Flyer ANNUAL MEETING

(2011 Annual Meeting Continued from Page 1) We’ll end the week with a schooner sailing out of Yor- on Wednesday. How fun is that! ktown on Saturday afternoon. And, you’ll definitely want to Wednesday’s program will start with a bang as we have stay for the culmination of the celebration of the Federation’s a fife and drum corps to open the meeting. The “Welcome to 75th Anniversary at the the Convention” address will be delivered by Thomas Jefferson. Dinner Dance Gala on We’ll have plenty of seating room, so be bold and bring your Saturday night. Gentle- families to the plenary session! men, you won’t need a Readers delight! We’re in for a special treat at this summer’s tuxedo. But ladies, wear Book Club. Jim Horne, the author of “A Kingdom Strange: The your diamonds in honor Brief and Tragic History of the Lost Colony of Roanoke,” will of this special anniversa- be there to discuss his book. Order the book now from www. ry. We’re excited to pres- amazon.com and get in the spirit of the summer by reading ent Big Ray & the Kool it in advance of the meeting. Kats, one of our group’s The President’s Reception will be a little different this year. favorite bands. Dress will be dressy casual as we fellowship on the beautiful Given this family- back lawn of the Williamsburg Inn and enjoy lawn games as friendly venue, the week the sun sets. wouldn’t be complete Our Dine-Around will be held on Thursday and, of course, without fabulous chil- it also has a unique colonial flare. We’re reserved space at two dren’s programs. Your of the local taverns, King’s Arms Tavern and Shields Tavern. kids won’t be disappoint- You won’t want to miss experiencing how travelers fared in ed. While the grown-ups years gone by. We’ll eat by candlelight, be serenaded by bal- are enjoying the Pres- ladeers, and enjoy menus inspired by Virginia’s past. But, don’t ident’s Reception on worry. We won’t make you sleep side by side with a dozen other Wednesday night, the travelers as they did back then! You can sleep in the comfort younger children will be of your own bed at the Lodge or Inn. treated to a night of sto- But, before turning in for the night, you won’t want to miss rytelling, colonial games, the “Strolling Down Memory Lane” Dessert Party where we’ll and crafts. Teenagers will check out the number one pop songs of the past decades. get out into Colonial Williamsburg for a scavenger hunt and Our “Anchors Away” Theme Party will be held Friday lantern tour where ghosts might be encountered. at The Mariners’ Museum in Newport News. We have a real While the adults wine, dine, and dance at the Saturday treat in store here as a treasure map will lead us to differently night gala, the youngsters will have their own movie carnival themed food stations. The Museum has items of interest for experience, complete with popcorn and candy, carnival game all ages from interactive exhibits, movies, and docents to help booths with prizes, and craft stations. The teens will head out lead the way. See the ongoing restoration of the USS Monitor to GoCarts Plus for pizza, arcade games, and go-carts. No, being done right there on site. Weather permitting, we’ll end parents – You can’t spend the evening with the kids, as fun as the evening with a majestic fireworks display – so don’t leave that sounds. early!!! The weather is expected to be warm and humid. Come Our Knitting Circle is embracing a special project in prepared with cool clothing, sunscreen, and an umbrella for honor of mariners. They’ll be participating in the Museum’s the occasional afternoon rain. Most streets are cobblestone and “Christmas at Sea Volunteer Knitting Program” to prepare we’ll be spending a lot of time outdoors, so bring comfortable knit scarves, hats and watch-caps for mariners who are away walking shoes. from home for the holidays. Knitters – get your patterns at Williamsburg is within driving distance of many East Coast www.seamenschurch.org and start now. towns. Load the family into the car and minimize those travel Sports enthusiasts will have lots to choose from – a par- expenses by eliminating airfare! ent/child golf tournament on Tuesday, golf tournament on the Registration is open. Please go online at www.thefedera- Gold Course on Thursday, and fishing and tennis tournaments tion.org to register electronically and to access the brochure on Friday. Take your pick. for more complete information. More modern activities for the week will include the Chef ’s We can’t wait to see you in Colonial Williamsburg. Demo Lunch at The Trellis Restaurant and Wine, Wit & Wis- —Deb and John Kuchler dom with the chef and sommelier from the Williamsburg Inn —Convention Chairs and Lodge.

Federation Flyer Spring 2011 3 Williamsburg Program “Honoring the Past – Molding the Future”

Deb Varner, Program Chair

nteraction could be the theme for the upcoming program at real testimony in a medical malpractice case. Attendees will be the 2011 Annual Meeting. The program will begin with an presented an opening statement and a closing argument and the optionalI plenary session field trip. On Tuesday, July 26, 2011, session will close with live jury deliberations and results. Imme- attendees are invited to take a futuristic trip to the techno- diately following this session, and keeping with the trial theme, logically turbocharged courtroom of the future at the William experienced trial attorneys, with the help of a jury consultant, and Mary School of Law, “Out of the Past, Into the Future.” will present “Social Media and the Jury”. Building on the topic The Center for Legal and Court Technology will display ev- explored in Indian Wells, this session will explore social media’s erything from evidence presentation to courtroom administra- trespass into the jury deliberation process. tion in the future. Space is limited. Please remember to sign “Taming the Town Crier - Litigation and the Media” is up on the registration form. While this interactive session the first topic for Friday’s plenary session. Considered one the will focus on the technology, later in the week, Tom Oakes, world’s top media trainers, International media consultant and a loyal FDCC Exhibitor, will provide instruction and insight former ABC News journalist, Teri Goudie, will be on hand into courtroom software. to help “turn words into action.” Joining Teri Goudie will be In the second interactive session of the week, Wednesday’s Fox News Analyst and FDCC member, Mercedes Colwin. plenary session will begin with a 2 hour presentation entitled Together, they will identify areas of concern, assist with the “The Lost Colony of Ethics and Professionalism.” Sponsored development of an action plan, and provide insight into the by the Foundation, and in connection with the Leadership In- lessons learned from the BP Oil Spill, the Upper Big Branch stitute, Dr. Terry Price, Associate Dean for Academic Affairs and Mine Disaster, and the Chilean Mine disaster, etc. Associate Professor, Jepson School of Leadership Studies, University The Plenary Session will close on Friday with an explora- of Richmond, Richmond, VA and his panel will take attendees tion into the legal, economic, and environmental impact of the on a quest to rediscover the lost colony of ethics and profes- oil spill disaster. Led by Ned Currie, this session has it all. Bill sionalism and reestablish its protocols. Lewis, national coordinating counsel for a major insurance car- Thursday’s plenary session will reconfigure the way that trial rier, will address coverage issues. The Honorable Kathy Castor, lawyers think and try cases. Titled “Creativity for Your Next U.S. Representative, 11th Dist. of Florida and a member of Trial – A Jeffersonian Declaration,” attendees will be instructed the House Energy and Commerce Committee, will address the on creative thinking and the effective use of creativity in trial spill from the Congressional standpoint. Lawyers from Missis- practice. Thereafter, with the help of a federal judge, a jury will sippi and Alabama will speak from their experiences as well. be selected from among the attendees using voir dire to lay the Substantive law section meetings begin on Wednesday foundation for defense themes. Video clips will be provided of morning with topics that include “Professional Malpractice

4 Spring 2011 Federation Flyer ANNUAL MEETING and Economic Loss: Why Choice of Law Really Does Mat- posing Anti-Trucking Bias During Voir Dire in Commercial ter”; “ Robo-Signers and Dodd-Frank—Recent Developments Motor Vehicle Cases. “ in the Financial Services Industry”; “Current topics in Life, The Williamsburg Program will close with a bang. After Health, & Disability Insurance”; “The New Age of Class Ac- the business meeting on Saturday, attendees will be provided a tions: Cutting Edge Developments” and “Enhancing your ringside seat to history with the Keynote Speaker, Karl Rove. Trial Presentation with Presentation Software”. Ranked #1 on both the Telegraph.co.uk’s List of the “50 Most Thursday’s substantive law section meetings include top- Influential Political Pundits in America” and New York Maga- ics such as “Splitting Files: Liability, Coverage, and Ethical zine’s “Most Popular Political Pundit Index,” Karl Rove, is the Implications”; “Enforcing Policy Conditions and Warranties former Deputy Chief of Staff (2004-2007) and Senior Advisor in a Hostile Environment”; “Repairing National Treasures – to President George W. Bush (2000-2007). He is the author Overview of Issues Involved in Repair of Historic Buildings”, of “Courage and Consequence.” Rove is a Fox News Contributor, as well as “Strategies for Defeating “Crawford Claims” and the Wall Street Journal Columnist, as well as a Newsweek Colum- Paradox of CH2M Hill,” “Coverage Issues Under AI Endorse- nist. ments and GL Policies,” and “Damage Allocation Between At the White House, Rove oversaw the Offices of Strate- “AI” Carriers and “Direct” Insurers.” gic Initiatives, Political Affairs, Public Liaison, and Intergov- Be sure to get up extra early on Friday morning for the ernmental Affairs and was Deputy Chief of Staff for Policy, blockbuster of the day. “Sleep Tight, Don’t Let the Bedbugs coordinating the White House policy-making process. Mi- Bite ” will start off Friday’s substantive law section meetings. chael Barone in U.S. News & World Report said of Rove “…no Given the invasion of bed bugs, experts in the field will discuss Presidential appointee has ever had such a strong influence on bed bug “hot spots”, the financial and emotional impact bed politics and policy, and none is likely to do so again anytime bugs have on those affected, as well as the liability, coverage soon.” Fred Barnes, executive editor of The Weekly Standard, issues, and litigation arising from these pesky little creatures. has called Rove “the greatest political mind of his generation Other substantive law section topics include, “Expert Evidence: and probably of any generation… He knows history, under- Making it Simple,” and a panel of international arbitration stands the moods of the public, and is a visionary on matters experts. The Transportation Section will provide insight into of public policy.” Whatever your political affiliation, this is a “Finding and Removing the Redcoats from your Jury: Ex- speaker that should not be missed.

annual Meeting Book Club

oin fellow readers in Williamsburg on Thursday morning to hear James Horn, author of “A Kingdom Strange.” Anyone interested in Jour national origins will find this account of the Brief and Tragic History of the Lost Colony of Roanoke intriguing. Based on archival materials, Mr. Horn will discuss the story of John White and 117 men, women, and children who landed off the coast of North Carolina on Roanoke Island in 1587 to establish a colony. There will be time for questions, examination, and discussion about “A Kingdom Strange,” one of the great unsolved mysteries of American history as this colony of people completely disappeared. James Horn, who resides in Williamsburg, is the Vice President of Research and Historical Interpretation and Direc- tor of the John D. Rockefeller Jr. Library at the Colonial Williamsburg Foundation, as well as a lecturer at the College of William and Mary.

Federation Flyer Spring 2011 5 Williamsburg Program Summary CLE “Honoring the Past – Molding the Future” Tuesday Wednesday Optional Plenary Tuesday, July 26, 2011 1:30 p.m. – 4:00 p.m. Out of the Past, Into the Future; Litigating in the Future- Center for Legal and Court Technology William and Mary School of Law Take a futuristic trip to the technologically turbocharged courtroom of the future, ironically enough situated in the nation’s oldest law school. The presentation will excite your senses and give you a peek into how trials will be presented in the next decade. A short walk through the oldest neighborhoods will bring you to the campus of William and Mary School of Law where your futuristic adventure begins. Experience the frontier of the future in everything from evidence presentation to courtroom administration. Space is limited and sign ups are a must. Professor Fredric Lederer, Chancellor Professor of Law and Director, CLCT and Legal Skills, William and Mary School of Law, Williamsburg, VA Robert Baldwin, Executive Vice President and General Counsel, National Center for State Courts, Williamsburg, VA

Substantive Law Section Meetings Wednesday, July 27, 2011 7:30 a.m. – 8:45 a.m. Commercial Litigation/ Financial Institutions Subsection and Professional Liability Professional Malpractice and Economic Loss: Why Choice of Law Really Does Matter In a typical negligent misrepresentation case involving economic damages, the choice of which state’s law may apply is critical. For example, the liability of accountants to third parties for negligently prepared audited financial statements can vary widely from state to state. This program will examine some dramatic examples of how choice of law issues can determine the outcome of a professional liability case. Mary Hulett, Ragsdale Liggett, Raleigh, NC Frank H. Gassler, Banker Lopez Gassler P.A., Tampa, FL

Robo-Signers and Dodd-Frank—Recent Developments in the Financial Services Industry Two of the most important developments in the past year affecting the delivery of financial services are investigations and litigation involving so-called Robo-Signers and the 2010 passage of the Dodd- Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). This session will provide an update on Robo-Signers and how residential lenders are dealing with the mortgage foreclosure crisis, including an overview of the issues and a summary as to how lenders and mortgage loan servicers have reformed existing practices, are dealing with litigation that was in the pipeline when the controversy arose, and what additional litigation issues are developing. In addition, an overview will be given of the Dodd-Frank Act, a law that was dubbed by the Wall Street Journal as the biggest expansion of government power over banking and markets since the Depression. In particular, this aspect of the session will focus on the Act’s creation of the Consumer Financial Protection Bureau and the extraordinary powers Congress has bestowed upon it. Alan S. Brown, Frost Brown Todd, LLC, Indianapolis IN Reid S. Manley, Burr Forman LLP, Birmingham AL

6 Spring 2011 Federation Flyer 7:30 a.m. – 8:45 a.m. Life Health and Disability/Healthcare Practices Current topics in Life, Health & Disability Insurance An expert panel will address recent developments affecting life, health & disability insurers and in- CLE sureds. Hear about health care reform, life insurance fraud, and developments in disability law from an in-house and outside counsel perspective. Wednesday Brooks R. Magratten, Pierce Atwood LLP, Providence, RI Clark H. Cole, Armstrong Teasdale LLP, St. Louis, MO Neil Ekblom, LeClairRyan, New York, NY William R. Corum, American Fidelity Corp., Oklahoma City, OK

7:30 a.m. – 8:45 a.m. Class Action The New Age of Class Actions: Cutting Edge Developments Protective Orders and Confidential Designations This aspect of the program will be a review of issues involving the drafting, use and enforcement of protective orders to protect the confidentiality of information in complex litigation. It will survey different approaches taken by various courts in different contexts, and will conclude with some suggestions and admonitions regarding how to construct protective orders in a way that best protects the client’s interests. Robert D. Phillips, Reed Smith LLP, San Francisco, CA

Latest cutting edge developments regarding the four (4) prerequisites to obtain class certification: numerosity, common questions, adequacy of the class representative and the adequacy of class relief This presentation will provide an overview of the elements needed to achieve class certification, areas of weakness where a defendant can defeat class certification, and recent trends in class certification issues. Also, specific cases where certification has been granted or denied and the reasons for the ruling will be identified. This aspect of the presentation will conclude with the discussion on the use of experts in class certification matters. David T. Biderman, Perkins Coie, LLP, San Francisco, CA

The Self-Critical Analysis Privilege The theme for the Class Action Section this year is “Promote the Privilege”—the self-critical analysis privilege to be exact. Chair Kurt Reeg is advocating the assertion and development of this privilege as a useful litigation tool that fosters self-evaluations and deliberations without fear of their subsequent use in litigation. The Chair believes this important tool is being under-utilized by the defense bar in protecting the good works of its clients, and the FDCC members and clients need to do a better job of asserting this privilege, and educating judges on its existence, use and application. Mr. Reeg will provide background on this privilege and pointers for its use. Kurtis B. Reeg, Reeg Lawyers, St. Louis, MO

7:30 a.m. – 8:45 a.m. Trial Tactics/Products Liability/Intellectual Property/Management, Economics and Technology of Practice Enhancing your Trial Presentation with Presentation Software If you attended the Center for Legal and Court Technology presentation, you’ve seen the hardware. In this session, learn about the software available to make your trial presentation more effective. What works best? How does it work? Why does it work? What are the “High Tech Court Rules?” Where are these rules located? Get the answer to these questions and more. Peter S. Doody, Higgs, Fletcher & Mack, LLP, San Diego, CA Thomas G. Oakes, Thomas G. Oakes Associates, Cherry Hill, NJ

Federation Flyer Spring 2011 7 Using and Challenging Statistical Evidence: An Essential Training for Litigators The use of statistics frequently plays a critical role in the litigation arena, from evaluating cases for your clients, to resolving disputes and possibly taking a matter to trial. In this session you will have an CLE opportunity to hear a non-mathematical presentation by an experienced statistician on key topics: wedneSday v Overview of basic statistical concepts; v Common uses of statistics as evidence in a lawsuit; v Use of sample surveys in assessing and presenting your case; v Potential bases for challenging the opposing statistician. Real vignettes will be presented from actual case experience to better understand how statistical evidence is used in a variety of matters: class actions, business litigation, product liability, construction law, personal injury, and employment law. This presentation will assist litigators in determining whether you need a statistician and how best to present the statistical evidence to help you win the case in the light most favorable for your client. There will be plenty of time for you to ask questions on the subject of using and challenging statistical evidence. Duane L. Steffey, Ph.D., Practice Director and Senior Managing Scientist, Exponent, Menlo Park, CA

Plenary Session – 9:00 a.m. to 12:00 p.m. 9:15 a.m. – 10:00 a.m. Welcome to Convention Deborah D. Kuchler, Kuchler Polk Schell Weiner & Richeson, LLC, New Orleans, LA

Introduction to Program debra Tedeschi Varner, McNeer, Highland, McMunn and Varner, L.C., Clarksburg, WV

introduction of Special Friends and recognition of leadership institute attendees F. Thomas Cordell, Frailey, Chaffin, Cordell, Perryman, Sterkel, McCalla & Brown, LLP, Chickasha, OK

Welcome to Williamsburg Thomas Jefferson

10:00 a.m. – 12:00 p.m. The Lost Colony of Ethics and Professionalism Once upon a time, in a country named Civility, lawyers plied their trade under protocols known as ethics and professionalism. These protocols included common attributes such as pride, humility, graciousness, honor and truthfulness. In one of life’s great unexplained mysteries, this country and its inhabitants disappeared at the tail end of the 20th Century. This program shall be a quest to rediscover this great lost country and reestablish its protocols, while at the same time trying to define what went wrong to cause that great country’s demise. Join us in an interactive session that seeks to recapture the lost glory of this earlier civilization and plant the seeds for its renaissance in the immediate future. Moderator: Howard M. Merten, Partridge, Snow & Hahn, Providence, RI Panelists: dr. Terry L. Price, Associate Dean for Academic Affairs and Associate Professor, Jepson School of Leadership Studies, University of Richmond, Richmond, VA Walter Dukes, Dukes Dukes Keating Faneca PA, Gulfport, MS Susan B. Harwood, Boehm, Brown, Fischer, Harwood, Kelly & Scheihing, PA, Orlando, FL Thomas F. Segalla, Goldberg Segalla LLP, Buffalo, NY

8 Spring 2011 Federation Flyer Substantive Law Section Meetings Thursday, July 28, 2011 CLE 7:30 a.m. – 8:45 a.m. Insurance Coverage/Appellate Law/ Extra-Contractual/ Reinsurance and Excess and Surplus Lines THURSDAY Splitting Files: Liability, Coverage and Ethical Implications Insurers, insurance defense counsel and coverage counsel are constantly faced with the dilemma of when and how to split a file, between liability and coverage, and what information and knowledge can be shared between the respective attorneys and claim handlers. Failing to split a file, when appropriate, or failing to correctly handle a split file, can impact both the liability and coverage issues, and can raise ethical and bad faith issues, while impacting an insurer’s settlement posture. There is little case law on these issues. This program will discuss these issues and suggest when and how to split files so as to avoid the minefields associated with this complex issue. Discussions will include the information that can be shared between file handlers, how to handle settlement negotiations, as well as bad faith exposure. In addition, the panel will address the ethical issues for defense and coverage counsel and provide real world examples. Moderator: John G. Farnan, Weston Hurd, LLP, Cleveland, OH Panelists: Paul Garrison, Infinity Insurance Companies, Birmingham, AL Laura (Megan) Faust, Roetzel & Andress, LPA, Akron, OH Kate Browne, Swiss Reinsurance America Corporation, New York , NY Edward J. (Ned) Currie, Jr., Currie, Johnson, Griffin, Gaines & Myers, P.A. Jackson, MS April A. Elkovitch, Senior Litigation Counsel, Meadowbrook Insurance Group, Westerville, OH

7:30 a.m. – 8:45 a.m. Property Insurance Enforcing Policy Conditions and Warranties in a Hostile Environment Speakers will lead a group discussion of problems that arise when policy conditions, sub limits and warranties are drafted in a manner which makes them difficult to monitor or enforce. What are the consequences of violations of these provisions after a loss, and how can they be enforced and defended? Andrew B. Downs, Bullivant Houser Bailey, PC, San Francisco, CA James L. Kelly, Jr., Assistant General Counsel, Ace USA, Wilmington, DE Repairing National Treasures – Overview of Issues Involved in Repair of Historic Buildings The Historic Area of Colonial Williamsburg stretches over 301 acres, and includes 88 original 18th- century structures. Thousands of other buildings around the country carry historic designations. With such a unique historic venue, this section meeting will provide an overview of Historic building designations on a national, state and local level, and explain what such designations may mean during repair of an historic building. In addition, the session will also point out some of the gaps in traditional property coverage which may arise during such repairs and look at policies that specifically offer “Historic Building” property coverage. William Bracken, PE, SECB, CFM, StS2, International Building Code Instructor, Tampa FL 7:30 – 8:45 a.m. Construction The construction industry has relied upon contractual indemnifications by those parties who might one day be responsible for defective work in favor of other participants in the project. This risk transfer is frequently accompanied by contract provisions giving the indemnitee “additional insured” or “AI” protection under the first party’s liability policy. When a construction defect or design error appears, the result is a tangled web of finger pointing and intersecting coverage demands. Part I of this program focuses on how to defeat or weaken contractual indemnity claims and the curious duty

Federation Flyer Spring 2011 9 to defend that may be placed even upon an innocent party. Part II focuses on conflicting AI coverage interpretations. Part III will be a lively panel discussion about allocating damages among multiple insurers. This program is a “must” for any member who handles construction defect litigation. CLE Moderator: Salvatore J. DeSantis, Molod, Spitz & DeSantis, PC, New York, NY THURSDAY Strategies for Defeating “Crawford Claims” and the Paradox of CH2M Hill Kenneth Moreno, Murchison & Cumming, LLP, San Diego, CA Coverage Issues Under AI Endorsements and GL Policies Ramiro Morales, Morales Fierro & Reeves, Pleasant Hill, CA Roy F. Hughes, Hughes & LaFountaine, Honolulu, HI Panel Discussion: Damage Allocation Between “AI” Carriers and “Direct” Insurers Geralyn M. Passaro, Litchfield Cavo LLP, Fort Lauderdale, FL Salvatore J. DeSantis, Molod, Spitz & DeSantis, PC, New York, NY Kenneth Moreno, Murchison & Cumming, LLP, San Diego, CA Ramiro Morales, Morales Fierro & Reeves, Pleasant Hill, CA Roy F. Hughes, Hughes & LaFountaine, Honolulu, HI

Plenary Session 9:00 a.m. – 9:20 a.m. introduction of past presidents and new members F. Thomas Cordell, Frailey, Chaffin, Cordell, Perryman, Sterkel, McCalla & Brown, LLP, Chickasha, OK 9:20 a.m. – 11:20 a.m. Creativity for Your Next Trial – A Jeffersonian Declaration Reconfigure the way that you think and try cases. How fitting to explore creativity in the land of Jefferson, one of the most original and brilliant thinkers that America has ever produced. Join Craig Marvinney as he educates us on creative thinking and the effective use of creativity in trial practice. Thereafter, a jury will be selected from among the attendees using voir dire to lay the foundation for defense themes. Video clips will be provided of real testimony in a medical malpractice case. Weaving newly found creativity into the trial process, attendees will be presented an opening statement and a closing argument. A highly regarded federal jurist will sit as the trial judge for this presentation and provide commentary on practices utilized. The session will close with live jury deliberations and results. Moderator: Craig A. Marvinney, Panelists: Clark R. Hudson, Neil, Dymott, Frank, McFall, & Trexler APLC, San Diego, CA The Honorable John S. Kaull, Magistrate, U.S. District Court, Northern District of West Virginia Elizabeth Leedom, Bennett Bigelow & Leedom, PS, Seattle, WA Latha Raghavan, Goldberg Segalla LLP, Albany, NY 11:20 a.m. – 12:20 p.m. Social Media and the Jury Is social media really trespassing on the jury deliberation process? Is there such a thing as an innocent leak during the trial process? Decide for yourself after listening to this discussion. What are jurors doing during trials? How are courts, lawyers and litigants handling the impact of social media on the jury? What is being done with jurors accessing social media sites, doing independent research and texting during trial? Learn how to handle this very new and interesting problem with views and solutions from the jury consultant, trial counsel, appellate counsel and the bench. Moderator: Michael K. Kiernan, Traub Lieberman Straus & Shrewberry, LLP, St. Petersburg, FL Panelists: allan Campo, AJC American Jury Centers, Sandestin, FL Todd A. Roberts, Ropers, Majeski, Kohn & Bentley, Redwood City, CA the Honorable John S. Kaull, Magistrate, U.S. District Court, Northern District of West Virginia The Honorable F. Bradford Stillman, Magistrate, U.S. District Court, Eastern District of Virginia

10 Spring 2011 Federation Flyer Substantive Law Section Meetings Friday, July 29, 2011 CLE 7:30 a.m. – 9:30 a.m. Employment Practices and Workplace Liability/ Civil Rights and Public Entity/Premises and Security FRIDAY Liability/International Practice and Law “Sleep Tight, Don’t Let the Bed Bugs Bite!” They’re creepy and they’re spooky... and costly too: both in terms of the high price incurred in get- ting rid of them and the emotional trauma bed bugs leave behind. With bed bugs invading houses, apartments, the workplace and even five-star luxury hotels, they are rapidly becoming an issue that everyone needs to deal with, and one that landlords, homeowners, hoteliers, employers and insurers are grappling with, too. Join us for a cutting edge program as we discuss, with experts in the field, the meteoric rise in bed bug infestations, bed bug “hot spots,” the very real financial and emotional impact they have on those affected, as well as the liability, coverage issues and litigation arising from these pesky little creatures. We will also address practical considerations and “best practices” on how to look for bed bugs, what to do when you find them, and how to protect you, your colleagues, and loved ones from avoiding bed bug bites in the middle of the night! Moderator: John M. Intondi, Axis Insurance, Alpharetta, GA Panelists: Martin P. Lavalle, Travelers, Hartford, CT Peter M. Di Eduardo, Senior Manager, Bell Environmental, Parsippany, NJ david E. Cassidy, Esq., Norris McLauglin & Marcus, PA, Bridgewater, NJ robert L. Christie, Christie Law Group, PLLC, Seattle, WA Michael T. Glascott, Goldberg Segalla LLP, Buffalo, NY David E. Mims, Sr., Vice President, La Quinta- L.Q. Management L.L.C., Irving, TX

8:00 a.m. – 9:30 a.m. Drug, Device and Biotechnology/Toxic Torts “How to Get to the Point: Making Expert Testimony Easy to Interpret for the Jury” Scientific, biological, and statistical evidence is hard enough for most lawyers to deal with; it is that much more difficult for the typical juror, and even for the typical judge. Of course, one knows the mantra “Simplify, simplify, simplify,” but I suppose this merely begs the question: How to simplify what is actually very complex, while keeping it (a) understandable; (b) convincing; and (c) accurate. Karen Campbell, Lewis Brisbois Bisgaard & Smith LLP, New York, NY David Jaroslaw, Jacob, Medinger & Finnegan, LLP, New York, NY Mark A. Roberts, M.D., Ph. D., Principal Scientist and Center Director, Exponent, Wood Dale, IL

8:00 a.m. – 9:30 a.m. Transportation Finding and Removing the Redcoats from your Jury: Exposing Anti-Trucking Bias During Voir Dire in Commercial Motor Vehicle Cases This panel discussion will explore strategies for drawing out opinions on a variety of difficult issues in trucking cases, including hours of service, fatigued driving, logbook falsifications, maintenance failures, distractions, and aggressive driving. Specific examples of voir dire examination sequences and techniques that have worked for our panelists will be provided. In addition, the panel will discuss the effect of the recent national economic downturn on jury perception of the trucking industry. Moderator: Johnny Sarber, Marks Gray, PA, Jacksonville, FL Panelists: allan Campo, AJC American Jury Centers, Sandestin, FL John R. Woodard, III, Feldman, Franden, Woodard & Farris, Tulsa, OK Walter Dukes, Dukes Dukes Keating Faneca PA, Gulfport, MS

Federation Flyer Spring 2011 11 8:00 – 9:30 a.m. ADR International Arbitration CLE International Arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships. As with arbitration generally, international FRIDAY arbitration is a creature of contract, i.e., the parties’ decision to submit disputes to binding resolution by one or more arbitrators selected by or on behalf of the parties applying adjudicatory procedures, usually by including a provision for the arbitration of future disputes in their contract. The arbitral tribunal can be made up of legal and/or industry experts of the parties’ own choosing, using procedures which they can influence. It is a private and confidential process and can provide for the quick, practical, and economical settlements of cross-border disputes. Arbitration is particularly common in commodity, insurance, construction, engineering, oil, gas and shipping contracts. The insertion of an arbitration clause into commercial agreements enables businesses to opt to have disputes arising in connection with the contract to be decided by arbitral tribunals rather than litigating them in national courts. Each jurisdiction will have its own separate arbitration laws, but with the existence of international conventions, such as the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the New York Convention), and international organizations such as the International Chamber of Commerce, the International Center for Dispute Resolution, and the London Court of International Arbitration which provide arbitration rules and procedures to suit international disputes, there is a greater ease of recognition and enforcement of arbitral awards. This expert panel will address the various aspects of international arbitration and provide information for use in handling. Moderator: Carlos Concepcion, Concepcion, Martinez & Bellido, Coral Gables, FL Panelists: Colin Croly, London, ENG, Chairman of AIDA Association of International Insurance Lawyers

David A. Bertschi, Bertschi Orth Smith, LLP, Ottawa, Ontario, CAN Ryan Reetz, DLA Piper, Miami, FL

Plenary Session 9:55 a.m. – 10:00 a.m. Announcements

10:00 a.m. – 11:00 a.m. Taming the Town CRIER - Litigation and the Media No longer can corporate defendants take the ostrich approach and stick their head in the sand. Today’s litigation process, of necessity, includes the media aspect and the establishment of appropriate relations with those who report the news. Learn the subtle distinctions of “off the record” and “background information.” Get the answers and protect your client at the same time, using the media to help your side of the case. Is it proper to “use” the media? Two experts will provide the answers. Considered one of the world’s top media trainers, International media consultant and former ABC News journalist, Teri Goudie, will be on hand to help “turn words into action.” Joining Teri Goudie will be Fox’s News Analyst and FDCC Member, Mercedes Colwin. Together they will identify areas of concern, assist with the development of an action plan and provide answers to the questions above, and many others, including what has been learned from the BP Oil Spill and the Upper Big Branch Mine Disaster. Teri Goudie, Goudie Media Services Mercedes Colwin, Gordon & Rees, LLP, New York, NY

12 Spring 2011 Federation Flyer 11:00 a.m. – 12:00 p.m. Exploring the Legal, Economic and Environmental iMPact of the Oil Spill Disaster Will we ever know the true cost? Is this a price tag to be borne by successive generations? Is it true that the ecological cost is immeasurable? Is this a classic case of ripple effect damages? What is being CLE done in Congress? Get the facts from our “on the scene” gulf coast lawyers who have lived through SATURDAY this disaster with all of its attendant fallout. Moderator: edward J. (Ned) Currie, Jr., Currie, Johnson, Griffin, Gaines & Myers, PA, Jackson, MA Panelists: reid S. Manley, Burr Forman LLP, Birmingham, AL Jay R. Sever, Phelps Dunbar, LLP, New Orleans, LA William R. Lewis, Butler Pappas Weihmuller Katz Craig LLP, Tampa, FL The Honorable Kathy Castor, U.S. Representative, 11th Dist. of Florida

Saturday, July 30, 2011 Keynote Speaker: Karl Rove Get a ring side seat to history. Ranked #1 on both the Telegraph.co.uk’s List of the “50 Most Influential Political Pundits inA merica” and New York Magazine’s “Most Popular Political Pundit Index,” Karl Rove, is the former Deputy Chief of Staff (2004-2007) and Senior Advisor to President George W. Bush (2000-2007). He is the author of “Courage and Consequence.“ Rove is a Fox News Contributor, Wall Street Journal Columnist, as well as a Newsweek Columnist. At the White House Rove oversaw the Offices of Strategic Initiatives, Political Affairs, Public Liaison, and Intergovernmental Affairs and was Deputy Chief of Staff for Policy, coordinating the White House policy- making process. Michael Barone in U.S. News & World Report said of Rove “…no Presidential appointee has ever had such a strong influence on politics and policy, and none is likely to do so again anytime soon.” Fred Barnes, executive editor of The Weekly Standard, has called Rove “the greatest political mind of his generation and probably of any generation… He knows history, understands the moods of the public, and is a visionary on matters of public policy.” Rove, a Colorado native, attended the University of Utah, the University of Maryland-College Park, George Mason University, and the University of Texas at Austin. He has taught graduate students at UT Austin’s Lyndon B. Johnson School of Public Affairs and undergraduates in a joint appointment from the Journalism and Government departments at the university. He was also a faculty member at the Salzburg Seminar. He was previously a member of the Board of International Broadcasting, which oversaw the operations of Radio Free Europe and Radio Liberty, and served on the White House Fellows regional selection panel. He was also a member of the Boards of Regents at Texas Women’s Union and East Texas State University. Rove now serves on the Board of Trustees for the Texas Parks and Wildlife Foundation and the Texas State History Museum Foundation. He is also a member of the McDonald Observatory Board of Visitors and the Texas Philosophical Society. Bring the family as we celebrate history at one of its earliest sites in America.

Federation Flyer Spring 2011 13 Board FEDERATION OF DEFENSE & CORPORATE COUNSEL Candidates Candidates Declared for Secretary-Treasurer Tim Pratt, finishing his term as a Director Victoria H. Roberts is Vice President and and Executive Committee member for the Counsel to Meadowbrook Insurance Group. FDCC, is Executive Vice President, Chief She heads an inhouse law department which Administrative Officer, General Counsel provides coverage advice and manages cov- and Secretary for Boston Scientific Cor- erage and bad faith litigation nationwide poration. Tim has responsibility for World- for all of the Meadowbrook companies wide Legal, as well as Human Resources, in addition to providing inhouse training Timothy A. Pratt Victoria H. Roberts Boston Scientific Global Regulatory, Quality, Government Century Surety across the country. An honors graduate Corporation Affairs, and Corporate Communications. Company of Mount Holyoke College, and the Vil- Natick, MA Before joining Boston Scientific in 2008, Scottsdale, AZ lanova School of Law, she has served as Tim was a trial attorney with the law firm an officer at CIGNA, where she managed of Shook, Hardy & Bacon. While in private practice, Tim an environmental claim division and regional offices as well received a number of awards, including being listed in Best as the litigation management and staff counsel operations. At Lawyers in America and named as one of the Top 500 Litiga- a subsidiary of Kemper, she was general counsel and senior tion Attorneys in America by LawDragon. vice president of claims. Vicki was also a partner in private Tim has served the FDCC in many capacities since becom- practice in Philadelphia at both Rawle & Henderson and ing a member in 1991. He and his wife, Christie, were Conven- the Weber Goldstein Greenberg & Gallagher firms, counsel- tion Chairs for the 2008 Winter Meeting in the Bahamas. He ing carriers in coverage matters as well as acting as national was the Program Chair for the 2007 Scottsdale Winter Meet- coordinating counsel for environmental matters for a major ing and has assisted in planning numerous Plenary and Section chemical company. meetings. He has spoken at a number of FDCC events over the Vicki has testified as an expert on claim handling and bad years. Tim was instrumental in the creation of the Trial Masters faith and has spoken numerous times in the United States, Program (TMP), chairing the TMP committee for many years. Canada and overseas on good faith claim handling, coverage In 2008, Tim was awarded the Joseph R. Olshan Award for his and environmental law topics. She has also been a member of work on the TMP. Long involved in FDCC corporate coun- the 2010 and 2011 DRI Insurance Roundtable Steering Com- sel initiatives, Tim worked with others to create the Corporate mittee. Counsel Symposium and chaired the CCS Committee. He is A member of the FDCC since 1990, she currently serves currently co-chair of the Corporate Counsel Committee. Tim as a Director and member of the Executive and Finance & led the ADR Masters Program, which resulted in a presenta- Budget Committees and has been on the Board for five years. tion at the 2009 Hawaii Winter Meeting and the creation of She will be the Convention Chair of the 2012 Annual Meeting a DVD. Tim worked on the FDCC Punitive Damage Project in Whistler and was the Program Chair for the 2010 Winter by helping plan the project. In the videotapes shown to mock Meeting at Disney. jurors in the project, Tim acted as the plaintiffs’ counsel (against She was the recipient of both the John Alan Appleman defense counsel Ric Gass). Tim has spoken at the FDCC Liti- Award for Outstanding Section Chair in 2006 and the Cor- gation Management College. Over the years, Tim has served porate Members Forum Award in 2007. She co-chaired the on a number of FDCC Committees, including Membership Federation’s first and very successful Insurance Industry Sym- Development (vice chair); Admissions; Finance and Budget; posium in 2009. Vicki has chaired the Toxic Tort and Envi- Evaluation; Bylaws and Resolutions; Trial by Jury; Website; ronmental Law and the Insurance Industry sections as well and Convention Exhibitors; Ad Hoc Committee on Standards; and the Membership Development and Insurance Industry admin- the Corporate Members’ Forum. Tim chaired the Drug, Device, istrative committees. She was a member and vice-chair of the and Biotech Section. He has also published FDCC Quarterly Admissions Committee for over 15 years and currently serves articles on punitive damages, the learned intermediary defense, as that Committee’s Board Liaison. She has been a Dean of and “The Ten Commandments of Cross Examination” (just re- the Litigation Management College for four years and served published in the Masters Manual issue of the Quarterly). on the faculty of both the College and Graduate School.

14 Spring 2011 Federation Flyer Click for FDCC Election Candidates Board FEDERATION OF DEFENSE & CORPORATE COUNSEL Candidates

Candidates Declared for Director

Steven E. Farrar Robert W. Foster, Jr. Deborah D. Kuchler Smith Moore Leatherwood LLP Nelson Mullins Riley & Kuchler Polk Schell Weiner & Greenville, SC Scarborough, LLP Richeson, LLC Columbia, SC New Orleans, LA

Candidates Declared for Vice-President

Bruce D. Celebrezze Andrew B. Downs Walter W. Dukes Susan B. Harwood Segwick LLP Bullivant Houser Bailey, PC Dukes Dukes Keating Faneca, PA Boehm, Brown, Fischer, Harwood, San Francisco, CA San Francisco, CA Gulfport, MS Kelly & Scheihing, PA Orlando, FL

J. Scott Kreamer Elizabeth F. Lorell Donald L. Myles, Jr. Michael R. Nelson Baker Sterchi Cowden & Rice, LLC Gordon & Rees, LLP Jones Skelton & Hochuli Nelson Levine de Luca Kansas City, MO Florham Park, NJ Phoenix, AZ & Horst, LLC New York, NY

W. Michael Scott Debra Tedeschi Varner Beirne, Maynard & Parsons, LLP McNeer Highland McMunn Varner LC Houston, TX Clarksburg, WV

Federation Flyer Spring 2011 15 Report from the Secretary-Treasurer Our Great Tradition of CLE

n the year of my presidency, I intend to focus, in part, on Our many plenary sessions on mastering the skills of jury the Federation’s educational efforts. I thought it worth- selection and evaluating those jurors who might at least give us whileI to focus my comments in this edition of the Federation a “fair shake” have helped many. How often we have learned Flyer on the wonderful history and long something in each of our respective fields of practice as we had term commitment of so many Federa- the opportunity to listen to others in the Federation practice tion members to share with others their in those areas. knowledge and insights in all of the wide It’s hard to forget many of the topical issues that have ranging areas that our programs cover. generated special programs such as sick building syndrome and My own experience has been to leave nursing home litigation. These programs provided individuals almost every meeting I attend better working within those areas the most up-to-date information able to advocate for my clients because and the ability to create wonderful strategies for their clients. of our CLE programs. Most recently, Our education programs have also helped us avoid traps Edward M. Kaplan for example, I learned a new angle for for the unwary. Following the rules about spoliation, as they Secretary-Treasurer my opening when Joe Fasi presented his were presented to us, allowed individuals to gain a better un- trial tactics insights and added “proverbs” derstanding of what is required in the protection of evidence to my toolbox. I actually had the opportunity to use that in- and documents. formation in a case I tried a month later. Let’s not forget the many sessions that have helped us As I thought about this article, I realized how closely dis- manage and market our firms. On many levels, the informa- tribution of our CLE materials matched technological advances. tion provided at our regular meetings and at special conferences Beginning with those big for our firm managers, provide books sent through the mail, some of the best values that the transitioning in the mid-90’s “It’s hard to forget many of the topical Federation offer. to floppy discs, moving for- I have left so much out, be- ward to CD’s, entering the issues that have generated special cause it would be impossible to thumb drive realm, and now, cover everything. Our educa- receiving those same mate- programs such as sick building syndrome tional is not limited to our two rials over the internet. We and nursing home litigation. These primary meetings each year. have certainly kept pace with The insurance symposium, the our goal of being in the fore- programs provided individuals working leadership institute, the corpo- front of technological ad- rate counsel symposium, the vances. within those areas the most up-to-date litigation management col- I took a look at some information and the ability to create lege, and its graduate school of the “historical” presenta- continue our great tradition tions in just the last ten or wonderful strategies for their clients.” of providing up to the minute so years. You probably won’t presentations for our members be surprised to know that and the clients we serve. These we were learning “what is the worldwide web” just a few years efforts continue to be a shining star in our “knowledge effort.” ago. In 2001, we were addressing the issue of “have laptop will I, for one, am a better informed lawyer because of the ef- travel!” Last year, of course, we moved into the realm of iPads forts put forward by the Federation. It is my hope that each of and their useful application to our profession. you are as well. I welcome any comments from our members The topics presented at plenary and substantive sections about insights they may have to make our programs even more are so broad and varied that it would be impossible to touch valuable and useful. upon all of them. Some of our special programs, like Trial Masters, have provided immeasurable value to those of us who — Edward M. Kaplan venture into the courtroom. Like many of you, I often turn to — Secretary-Treasurer my E-discovery materials as I’m dealing with the preparation of responses to exhaustive discovery requests.

16 Spring 2011 Federation Flyer “There are so many different ways that attorneys can benefit from this program. I can’t say enough good things about it.” —Linda Moroney, Gordon & Rees. The 2011 Leadership Institute Goes to Williamsburg

The highly acclaimed Leadership Institute will be held n Peer and self assessments evaluate individual leader- in conjunction with the Annual Meeting in Williamsburg, ship strengths and weaknesses Virginia from July 25-27, 2011. Don’t miss this opportunity. n Concrete takeaways and plans make conference par- The program offers the highest caliber leadership training and ticipants more valuable to their firms individualized mentoring, tailored specifically to the needs of lawyers. Guest speakers n Why the Leadership Institute and why now? Susan Manch is recognized as one of the top attorney n Identifying and training future leaders is more impor- leadership skill builders in the country and has received tant now than ever, as economic pressures on long term rave reviews from past attendees n goals and firm cultures increase. Audrey Nelson, a familiar name to Litigation Manage- n Clients are demanding more at every level, from firms ment College participants and a nationally renowned and individual lawyers. communications trainer, will focus on communications with difficult people and in difficult situations n Who would benefit from the Leadership Institute? Professor Terry Price, a thought-provoking author and n NEW FDCC MEMBERS – Forge new relationships ethicist and Leadership Institute favorite, will speak that could last a lifetime and build leadership skills about the ethics of leadership that are essential to your firm’s survival. Past Institute Because this year’s Leadership Institute will be held in attendees have developed strong bonds with fellow conjunction with the Federation’s Annual meeting at Wil- group members. More senior attendees at past confer- liamsburg, it offers unique opportunities. ences have found the experience tremendously valu- Tuition is greatly reduced this year – $895 generally and able. For these reasons, the FDCC is offering new $295 for new FDCC members (less than 3 years). All mem- members an opportunity to participate at a substan- bers can attend at the discounted rate of $295 if they bring tially reduced tuition ($295 with Annual Meeting along another participant at $895. Registration). Attendees will have the opportunity to network with n RISING STARS – The Leadership Institute is a great FDCC members and sample an FDCC meeting. way to reward your firm’s rising stars and demonstrates your firm’s commitment to them as future leaders. The “The Institute helped me become much Institute teaches attorneys the skills they need to lead more proactive and efficient…and armed your firm forward. me with the tools and skills I needed to Unique opportunities at the Leadership Institute become a better leader.” n Small group sessions focused on real world problem sets lead to practical learning. —Matthew Fischer, Sedgewick, LLP n Experienced conference advisors are assigned to each VISIT THIS LINK FOR MORE INFORMATION group.

Federation Flyer Spring 2011 17 Ethics HOTLINE Strange Bedfellows: George Soros and Sandra Day O’Connor Michael J. Brady Ropers, Majeski, Kohn & Bentley

ost Americans are proud of their country and most state will ensure a permanent leftist bent to the selection process- citizens are proud of their individual state’s history and -forever. This is not healthy. Mtraditions. The variety that we have in the USA is what makes We have two classic examples from California. In the us unique--fifty separate laboratories experimenting in the or- nineties, Pete Wilson, the governor, wanted to appoint Jan- ganization and governance of society. ice Rogers Brown, a distinguished intellectual black woman, An example of the varied way that the states approach gov- to the Supreme Court. Her philosophy was conservative. A ernment is their approach to the selection of judges. Many of commission which reviewed her qualifications found her to our states (primarily in the South and the West) give a power- be “not qualified” and that report was leaked. This caused an ful voice to the voters who participate in some fashion in the uproar. She was eventually appointed, served a distinguished election of judges; other states are closer to the federal system, and scholarly career on the California Supreme Court, and was removing the voters from the judicial selection process. As we then appointed by President Bush to the most distinguished know, in the federal system, once you are appointed, you are of the Circuit Courts, the D.C. Circuit. She is on the short there for life. list for appointment to the USSC some day. Yet, that judicial Currently, both George Soros, through a group he funds, review “commission” didn’t like her because they didn’t like her and Justice O’Connor are touring the country and giving politics. A more recent example concerned Justice Ken Poochi- speeches and drumming up support for the “non-voter” selec- gian, who is now on the California Court of Appeal. He was tion process. This generally involves some sort of “commis- a Republican and a conservative from the Central Valley. The sion” that provides names to the governor of a state and the “commission” reviewing his nomination found him “unquali- governor is limited to picking one person from that list. Then, fied” because he had not been a trial judge and was “only” a once appointed, the judge is essentially there for many years, legislator (state senator)—this despite the fact that there had without any opportunity for challenge by the electorate. historically been several Democratic state senators who had In those states which allow voter participation in the process, gone directly to the Court of Appeal. Commission politics sometimes you have outright election of trial judges and even once again. contested elections; with appellate and supreme court justices, It is also not wise to hide behind the “independence of the generally you have “retention” elections, with the voters saying, judiciary” position, which is always the case. Bluntly speaking, every six to eight years, “yes or no” as to whether the justice there is something downright healthy in allowing the voters should stay in office. There have been dramatic examples (a few) to decide whether judges are adhering to their oath to follow of voter uprisings: in 1986, the voters of California threw out the Constitution and, if not, to have the opportunity to remove three Supreme Court justices, including Rose Bird, the Chief the judges from office by a vote. Surely, we lawyers are not so Justice. Just this November, the voters of Iowa threw out sev- arrogant as to say that only WE can know whether a judge is eral of their Supreme Court justices. I submit this is healthy following the Constitution. democracy at work; lawyers should not be effete and arrogant So, I opt to leave state traditions regarding judicial selection in believing that the public is ignorant about “such matters.” as they are; there is nothing magic or “better” about removing So what is this new effort designed to do? I suspect that the voters from the selection or retention process. Although they want judges to be “nominated” by carefully selected com- Justice O’Connor may revere the federal system and wish the missions made up of lawyers. The governor would then be states to emulate it, the involvement of George Soros in this limited to appointing one of the nominees selected by the effort raises grave suspicions about a political agenda for the commission and then that person would serve for many years judiciary, a judiciary which he hopes will “make law” when the without having to stand before the voters (if ever). I hate to legislature will not bend to his will. say this, but I will: most lawyers in the U.S. are decidedly to As Winston Churchill said, “Democracy is the worst form the left in political philosophy and they like judges who are of government imaginable—except for all others.” of similar persuasion. Those type lawyers will dominate these commissions; they are what we call the “establishment bar.” This

18 Spring 2011 Federation Flyer Mike and Linda Nelson Convention Chairs 2011 Winter Meeting-Indian Wells

WinterWinter MeetingMeeting 22001111 Dear FDCC Friends, Spring came and went quickly and we are already February 26 - March 5, 2011 into summer. Can you believe it is almost time for our Annual Meeting in Williamsburg, VA? If you were able to join us, we hope you enjoyed your winter get-away in Indian Wells, and that your year has

been successful and enjoyable thus far. If you missed the Indian Wells Winter Meet- Indian Wells, California ing in February, you may have heard by now that the FDCC’s winter weather curse was broken. We had warm and sunny weather the entire week with too many memorable moments to mention. We had FFaacceess ooff tthhee DDeesseerrtt a fabulous Program and speakers such as Frontline personality Rachel Dretzin, retired Astronaut Mike Mullane, and Professor Shari Seidman Diamond. We kicked off the FDCC’s 75th Anniversary in style with a walk down memory lane during the President’s Reception honoring Tom Cordell and past Presidents. The Trojan Men, a delightful a cap- pella group from the University of Southern Califor- and a great learning experience as well. Not to be forgotten nia, entertained our members and guests on a beautiful night, was the awe-inspiring Marine Corps Band and Color Guard poolside, where the ambiance and food were as harmonious who greeted our guests at the black tie gala with unparalleled as the singing. pride. Who could forget the breathtaking beauty of the Polo Tennis at the Indian Wells Tennis Garden, Desert Tours, grounds? We even got to stomp divots while avoiding the you name it, we did it and we had fun doing it: all 554 of us! horse piles during the Polo Match!! What beautiful horses Yep, we had a fabulous turnout. How could you top off a perfect, magical week? Here’s how. John Woodard, past FDCC President and President of the Federation Foundation, offered to donate the $10,000 hole-in-one prize winnings if he was fortunate to ace the 197 yard 6th hole. One great golf swing 5 minutes later landed The Foun- dation a significant contribution, courtesy of John’s benevolent offer and follow through. Congratulations John and Thanks! For those that missed Indian Wells, you missed a special meeting. We hope to see everyone in Williamsburg to continue the 75th Anniversary celebration with this great organization.

Federation Flyer Spring 2011 19 WINTER MEETING–2011

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20 Spring 2011 Federation Flyer WINTER MEETING–2011

Federation Flyer Spring 2011 21 WINTER MEETING–2011

CLE CreditsPhil R. Richards, CLE Chair Winners from Winter 2011 Winter Meeting Credits Meeting – Indian Wells Indian Wells, CA • February 26 - March 5, 2011

Golf: State General Ethics Course Hole-in-One: John Woodard Credits Credit No. Longest Drive - Women: Susan Hepler * Alabama 14.00 3.50 * Arkansas 10.50 3.50 TRL35697 Longest Drive - Men: George Walker * Colorado 17.00 * Delaware 14.00 3.50 fdc022820112011 Closest to Pin - Women: Sara Hentz Florida 17.00 4.00 5950 1 * Georgia Closest to Pin - Men: Charlie Updike Idaho 14.00 * 11-0911 Illinois 10.50 3.50 Tournament Champions: * Indiana 14.00 3.50 0141069 David Bertschi, Debbie Orth, George Walker Iowa 14.00 1.00 77708 * Kansas 16.50 * 88836 Tournament 2nd Place: * Kentucky 14.00 * 119222 Kurt Hentz, Sara Hentz, John Mitchell * Louisiana 14.00 3.50 0656110228 Tennis: Minnesota 10.50 1.25 155440 First Place: * Mississippi 14.00 3.50 Clay Porter, Linda Bonasso, Missouri 16.20 Eric Riegner, and Karen Fortune Nebraska 14.00 3.00 59147 * Nevada Second Place: * New Hampshire Greg Gaebe, Marjorie Cooke, * North Carolina 14.00 3.50 Sponsor #3550 Richard Leslie, and Leanne Mariano * Ohio 15.00 2.50 000227418 * Oklahoma 17.00 4.00 * Oregon 14.00 * 380*59 * Pennsylvania 14.00 3.50 143625 Membership Status Report * Rhode Island * South Carolina 3.00 112386 (Feb.) Membership as of May 2011 * South Carolina 11.00 3.50 112387 (March) * Tennessee Defense Counsel 1064 Texas 13.50 3.50 901219184 Defense/International 59 * Utah Corporate Counsel 139 * Virginia Corporate/International 7 Washington 14.00 2.25 284033 West Virginia Industry 38 ` * Wisconsin 16.50 4.00 Special Member - Active 8 * New York Approved Jurisdictions Special Member - Retired 58 Emeritus 24 For CLE questions, please contact TOTAL 1397 Francie Berg at [email protected]

22 Spring 2011 Federation Flyer Insurance Industry Institute Kate Browne, Mike Aylward, and Andy Downs Institute Co-Chairs

he Federation will present its 2011 Insurance Industry will also be covered. Mike McMyne from Guilford Specialty Institute November 16 to 18 in New York City. This Group will lead a discussion that will address it from both Tone and one-half day program will focus on emerging issues the corporate compliance perspective as well as what outside of interest to senior level insurance executives as well counsel must do to adequately protect policyholders as providing ample opportunity for networking. and insurers. Defense counsel members are asked to bring The emergence of Wiki Leaks illustrates the a client to the Institute. challenges facing insurers today in protect- While the 2009 program looked for- ing not only their internal trade secrets ward by a decade, this year’s Institute but also the private information of their will focus on more immediate issues customers. Our speakers will address the emerging today and likely to be even challenges presented by the emergence more important in 2012-2015. In No- of Wiki Leaks, cloud technology, cy- vember, the Institute will focus on four bercrime in general, and the liability broad areas, the changing regulatory risks for policyholders who hold con- landscape, domestic and international fidential customer data. Our speakers challenges to the attorney-client privi- will include the Chief Privacy Officer lege, the challenge of protecting privacy of Progressive Insurance. rights with the emergence of new technolo- While privilege issues are hardly new, gies, and the growing internationalization of there are new challenges to the enforcement the claims landscape. of the attorney-client privilege, both in the United Once again, through the generosity of Greg Gamble States and internationally. Privileged information crosses and Frank Crystal & Co., the Institute will be held at the New international borders with increasing frequency. Other nations York Athletic Club, centrally located adjacent to Central Park. have different views regarding the confidentiality of attorney- The Institute will begin with a networking Cocktail Reception client communications. We are fortunate to have David Stei- Wednesday evening, followed by a full day of programming ger, the author of The Globalized Lawyer: Secrets to Managing Thursday, including a luncheon, culminating in a second Cocktail Outsourcing, Joint Ventures and Other Cross-Border Transactions, Reception Thursday evening. The program will resume Friday who will share his insights on the protection of the attorney- morning and will be finished by noon to allow attendees time client privilege when the privileged communication crosses to take advantage of all New York has to offer or get an early international borders. start on travel home. A limited block of rooms is available at Finally, casualties are becoming increasingly international. the New York Athletic Club. From the Deepwater Horizon oil spill, to the March 2011 earth- Following the 2008 economic meltdown, there have been quake in Japan, events in one part of the world have global significant changes in the insurance regulatory climate. The insurance ramifications. Our speakers will discuss how insurers traditional model of state regulation is being challenged by adapt to conduct business across international borders, whether new layers of federal involvement, including the creation of a driven by different legal systems, different regulatory systems, Federal Office of Insurance and the Financial Stability Over- or different cultural practices and physical infrastructures. Our sight Council. Among others, the speakers will include Walter speakers include industry executives responsible for handling Bell, currently Chair of Swiss Re and formerly the President global claims. of the National Association of Insurance Commissioners, and We look forward to seeing you in New York in November. current regulators. Remember, defense counsel members are expected to bring a The ever shifting timeline and regulatory requirements client. Registration is available online www.thefederation.org for the implementation of the Medicare Secondary Payor Act

Federation Flyer Spring 2011 23 Corporate Counsel Symposium September 20-22, 2011 n Philadelphia, PA

Leslie O’Toole and Reid Manley Corporate Counsel Symposium Committee Chairs

n Teri Goudie, noted media consultant, speaking on “How to Turn Words into Action in Two Minutes or Less; n Ethics – the current state of attorney client privilege and work product protection; n Managing Disclosure of Litigation risks; n Hon. Mark Bernstein, 1st Judicial Dist. of Pennsylvania, and others on business courts as cost-savers. ou should have received your notice regarding the FDCC’s Eighth Annual Corporate Counsel Symposium to be held Speakers will include instructors and judges from around September 20-22.Y The 2011 CCS will be held in Philadelphia, the country, as well as in-house lawyers from Ford Motor PA – at the Four Seasons Hotel in downtown Philadelphia. Company, Federal Express, Cytec, PNC Bank, Dryvit Systems, This year’s CCS, which is directed to in-house counsel Boston Scientific, DuPont, International Paper Co., Burlington who manage litigation, will focus on advanced risk manage- Insurance Group, Thomas & Betts, Matthews International, ment issues and techniques. This day and a half symposium ESIS, Santander Consumer USA, and others. will feature presentations, panel discussions, and more dealing As always, for this CCS to be successful, we need your with how in-house counsel can more effectively manage risk for help in two respects. First, we need you to attend. For our their companies, particularly in the current volatile economic corporate members, if you manage litigation, this seminar is climate, and position litigation for their companies to the most directed to you and your needs. For our defense counsel mem- effective resolutions. The program is accessible on the FDCC bers, as with past years, we need you to secure the attendance website. of at least one in-house counsel to attend the CCS with you. In response to input from previous attendees, we will con- Registration materials and program brochure are finalized. The tinue to focus on risk and litigation management, with fresh registration fee for the CCS is $650, but there is an early reg- perspectives on relevant litigation topics. This year’s program istration discount of $50. Register by July 29, 2011 and pay will include: only $600. n Electronic discovery, with a panel of prominent federal Second, please help us market the CCS by mailing save- judges, including U.S. District Judge Shira Scheindlin, the-date letters to prospective in-house counsel who may be U.S. District Judge Gene E.K. Pratter, and U.S. Magis- interested in attending this year’s CCS. If you have questions trate Judge Patty Shwartz; about some good tips to get your clients to attend, contact member Dick Caldwell ([email protected], 813-223- n Keynote speaker Manny Medrano, former ABC Su- 4253). He also has form letters available you can send to cli- preme Court and legal Affairs correspondent, on the ents. necessity of effective and assertive communications Hotel reservations can be made now at the Four Seasons with the media; n Hotel Philadelphia by calling (215) 963-1500. Be sure to iden- Ben Heineman, Harvard University, former Vice Presi- tify yourself as being a part of the FDCC in order to receive dent and General Counsel, General Electric, on The our special group rate of $195, plus tax. The cut-off date for General Counsel as Lawyer-Statesman; reservations at this rate is August 29, 2011. We look forward n Congressional Legal Reform and its effect on U.S. to seeing you at this year’s Corporate Counsel Symposium. companies, featuring Marcia Rabiteau, Associate Gen- Thank you for your help in making the 2011 CCS a success. eral Counsel of Koch Industries;

24 Spring 2011 Federation Flyer Report from the President-Elect

n the year 2012, we will hold our winter meeting at the Arizona Biltmore in Phoenix, Arizona and our summer meetingI at the Whistler in Canada. Both locations are spec- tacular and are ideal for members and their families. As I look forward to my in the news ... year as President, I want to see three areas of enhancement: 1) fellowship, 2) the value of our meetings to our mem- H. Mills Gallivan, Gallivan, White & Boyd, bers, and 3) creating a visibility of the PA, Greenville, South Carolina, an FDCC Direc- FDCC name among the legal, corpo- tor, was recently awarded the prestigious Hemphill rate, and insurance communities. We are Award by the South Carolina Defense Trial At- already well grounded in fellowship at torneys’ Association. Mike Neil our meetings and otherwise, but I be-

President-Elect lieve we can all do better in reaching out to new members and bringing them Richard E. Hall, Hall, Farley, Oberrecht and into the fold. Don’t hesitate to walk up to people you do not Blanton PA, Boise, Idaho, was recently named know at our meetings, introduce yourself, and make attendees Boise’s Best Insurance Lawyer for the Year of 2011. and their spouses/guests feel welcome. It is part and parcel of the FDCC spirit. The plan is to emphasize good speakers FDCC Member, David M. Louie, Honolulu, at our meetings and always to seek to improve our CLE as HI, has recently been appointed as the Attorney well as our social gatherings and give back to our membership. Plans are already at work to give wider recognition to the General for the State of Hawaii. FDCC outside of our organization so the value of utilizing FDCC members for legal work will be recognized. We want Jess B. Millikan, Bullivant Houser Bailey PC, the corporate and insurance communities to know that there San Francisco, was recently awarded the American is a valuable resource of attorneys in FDCC who do quality Institute of Marine Underwriters 2010 Distin- work and will represent their interests well. I look forward to guished Service Award by the American Institute seeing all of you in Williamsburg. This historic meeting place of Marine Underwriters. will be a great location for families as well as members, their spouses, and guests. Beth Kaufman’s firm, Updike & Kaufman received the Economic Empowerment Award, one of the First Annual Transformative Leadership Awards by the InsideCounsel magazine for being Memorials a woman-owned law firm. n Todd A. Becker, Madison, WI John R. Woodard, III, Feldman, Franden, n Jack S. Francis, New Martinsville, WV Woodard & Farris, Tulsa, OK, received the lifetime achievement award from the University of n C. Wayne Harris, Fort Smith, AR Tulsa Law School Alumni Association.

n Tidal B. Henry, Jr., Harwichport, MA

n James R. Robie, Los Angeles, CA

n Timothy A. Walker, Des Moines, IA

Federation Flyer Spring 2011 25 Board Chair’s Report We See the Road Ahead

ive years ago, when we started the Visibility Project under excellent resource for members, but also a tool for the defense Dan Kohane’s leadership, if you had googled “FDCC,” you community at large. While the website is our primary source wouldF have seen several links to the “Federal Desktop Core of electronic outreach to the greater legal community, we are Configuration,” links to the “Florida also linked to the defense community and our clients through Defensive Carbine Club,” and a link to LinkedIn and Facebook. “Fat Daddy Customs,” Tacoma’s num- While “visibility” has become a question we ask with every ber one choice for custom car repair. It new program, event, or project, we still have more work ahead. would have taken several clicks through The manner in which attorneys communicate with their clients several Google pages before you landed and with the world at large is changing. The Federation will on the “Federation of Defense & Cor- continue to change as well. Chair Howard Merten and the Vis- porate Counsel.” Now, the Federation is ibility Committee are working on a number of projects that will either the first, second, or third search augment the visibility gains we have made in the last five years. Michael T. Lucey result from the Google query “FDCC.” For example, we are working on an FDCC “app” for members Chair A small thing, but nonetheless sig- to access the FDCC website, meeting agendas, podcasts, etc. nificant. The Federation was formerly, in on their mobile devices. We are creating a group of “thought my view, a bright light under leaders” who will be in a posi- a burlap bag. Since then, we tion to speak on behalf of the have moved the organization FDCC on legal matters of out into the light, where our “While ‘visibility’ has become a question regional and national impor- members and their capabili- we ask with every new program, event, tance. The Visibility Commit- ties can be better seen and tee has been working closely better known. Over the past or project, we still have more work with Scott Kreamer and the four years we have, in many Website Committee to make incremental ways, increased ahead. The manner in which attorneys the website a better visibility the visibility of the organiza- communicate with their clients and with tool. For those of you who tion to our fellow attorneys, have not visited the website judges, and clients. For ex- the world at large is changing.” recently, it has an entirely new ample, we have created a me- look. Scott and his team have dia relations database, which done a terrific job in making we augment with every new the website easy to navigate member. Now, when a new member is admitted, a press re- and very relevant for both the members and non-members. lease goes out to the member’s hometown, announcing to the These are just some examples of the visibility gains we local legal community that the member has been accepted to have made over the last few years. We have much to do. If the FDCC. Included in the press release is material about you have an interest in electronic media, outreach or visibility, who we are and what we do. Our website, newly revamped, is please contact Chairs Scott Kreamer or Howard Merten, who more externally focused, and has gone from being not only an would be more than pleased to get you involved.

Due to the success and enthusiasm surrounding our silent auction at the WINTER meeting 2012 Winter Meeting in 2010, we are planning our second auction March 3-10, 2012 for our 2012 Winter meeting. We encourage Waldorf Astoria Arizona Biltmore our members to renew their generosity and make donations, whether Phoenix, Arizona it be trips, sports memorabilia, gift certificates, tickets to events, jewelry, or other items. The proceeds will support the wonderful work the Foundation does for the organization. —Frank Ramos and Joe Fasi —Co-Chairs

26 Spring 2011 Federation Flyer Annual Report of the President of the Foundation

John R. Woodard, III President, FDCC Foundation

he Federation of Defense & Corporate Counsel Foun- information is available in the registration materials provided dation is alive, well, and active. The Foundation Board by the FDCC, its President, and Convention Chair. createdT the Foundation Committee to assist the Founda- The 2010 Annual FDCC Foundation Report and an in- tion Board in a few critical areas. Bill vitation to provide a tax deductible financial commitment to Tooms is the Chair of the Committee the Foundation were sent out in November of 2010. Many of to aid the Foundation and its leader- you made a financial contribution and several of you became ship. The members of the Foundation a Foundation Fellow, either at the basic level or at one of our Committee are committed to a number newly created advanced levels of participation. For details about of activities: the Fellows’ program, please feel free to contact Sue Popik, Bill Roedder, or me. n Advancing the date of the Members may also make memorial contributions or con- Foundation’s annual request for tributions in honor of someone for the reason specified by the John R. Woodard, III contributions so that members donor. Moreover, contributions can take the form of stock and Foundation President had more time to include the other securities or real estate, or you can name the Foundation Foundation in their tax planning; as a beneficiary of your retirement plan, life insurance policy, or n Enhancing the Foundation’s presence on the make a gift through a living trust or by will. If you have any FDCC website; stock that has appreciated over time (yes, there are still some n stocks like that out there), this is a great way to avoid capital Developing a program that accesses law firm and gains taxes and take credit for the full value of your stock as corporate charitable giving, including any em- of the date it is transferred to the Foundation. ployer matches; The Foundation did receive one unexpected donation ear- n Undertaking other fund raising techniques at our lier this year. At the annual golf outing in Indian Wells, one meetings, similar to the auction that was held at of our members made a hole in one on the sponsored hole, the 2010 Winter meeting in Orlando, and which winning $10,000. He generously donated the proceeds to the will be held again at the 2012 Winter meeting in Foundation. We hope that all golf participants continue this Arizona; “tradition” – good luck! n Developing a plan to endow the Foundation at a The Foundation continues to be appreciative of those mem- level that will ensure that it can continue to pro- bers who have provided financial support. We hope that you vide the level of service desired by its members; are benefitting from the programs and initiatives sponsored by and the Foundation and that it will have your continued support in the future. n Surveying Foundation members to ensure that the Foundation is meeting their needs. 1 1 The purpose of the Foundation is to promote civil justice by improving If you are interested in being on the Foundation Com- the functioning of the civil justice system, fostering the continuing mittee, contact Bill Tooms or me. education of lawyers in the defense of civil litigation, and sponsoring programs, projects, and other endeavors that enhance the quality of legal The Foundation Board approved a Federation Forum to practice and services in that area of the law. In furtherance of this purpose, be held at the Williamsburg meeting this summer. Dr. Terry the Foundation makes a number of grants each year, primarily to sponsor Price, from the University of Richmond, will lead an interactive the Federation Foundation Forums presented at annual conventions, and program entitled “The Lost Colony of Professionalism”. More to support selected FDCC initiatives.

Federation Flyer Spring 2011 27 LCJ News LCJ Membership Meeting Features Array of Speakers and Election of New Officers

Barry Bauman LCJ Executive Director

awyers for Civil Justice concluded its May 1-3, 2011 legal than 20 LCJ members participated. The effort has gained new conference in Washington, DC with nearly 100 industry momentum as business leaders, the bar, and the judiciary have generalL counsel and senior corporate counsel representatives in become more aware of the interplay between the nation’s suf- attendance. The successful conference had a cast of renowned fering economy and the potential for litigation reform to boost guest speakers including high level judges, state attorneys competitiveness in a global marketplace. general, legal scholars, and acclaimed authors such as Texas Since then, many of LCJ’s proposals to reform have re- Supreme Court Chief Justice Wallace Jefferson, U.S. Court of ceived increased attention and support. LCJ remains focused Appeals for the D.C. Circuit Judge Douglas Ginsburg, and state on revamping the Federal Rules of Civil Procedure to include attorneys general John Suthers (Colorado) and Greg Zoeller meaningful Rule amendments in four core areas: preservation, (Indiana). The two attorneys general provided their insight on pleadings, discovery, and cost allocation. Recently, LCJ submitted the powers of state attorneys general and their impact on civil an additional comment to the Rules Committee, Preservation – litigation. Author and Professor of Law and Public Policy at Moving the Paradigm to Rule Text, which incorporates each of Northwestern University Martin Redish took on the topic of the Duke Conference consensus “preservation elements” into discovery in a modern era of litigation and Cato Institute Se- specific rule “ideal” language. Some progress is already evident nior Fellow and Author Walter Olson provided an overview in that, for example, the Rules Subcommittee has proposed of his most recent book, Schools for Misrule: Legal Academia and rule language in three of LCJ’s focus areas – consideration of a an Overlawyered America. “reasonable certainty” trigger standard; specific limits on scope, Nearly a dozen corporate LCJ members and special guests subject matter and time of preservation; and possible alterna- were panelists on issues relating to the Federal Rules of Civil tive standards for sanctions concerning the willful, intentional, Procedure and state electronic discovery. Panelists and speakers prejudicial loss of information. LCJ also recently submitted a included Eric Santoro, AstraZeneca Pharmaceuticals; Michael letter comment on Rule 45. Harrington, Eli Lilly and Company; Joseph W. Ryan, Jr., In- In addition, at the April Rules Committee meeting, the ternational Association of Defense Counsel; Robert Baldwin, Federal Judicial Center reported a study on the impact of the National Center for State Courts; F. Thomas Cordell, Federa- Twombly and Iqbal opinions on decisions on motions to dis- tion of Defense & Corporate Counsel; Robert Levy, Exxon miss, Motions to Dismiss for Failure to State a Claim After Iqbal: Mobil Corporation; Jonathan Palmer, Microsoft Corporation; Report to the Judicial Conference Advisory Committee on Civil Martha Dawson, K & L Gates, LLP; J. Richard Caldwell, Jr., Rules. The study showed that “Twikbal” have not had the dra- Rumberger, Kirk & Caldwell, P.A.; Marc Williams, Nelson matic impact some predicted they would and the Rules Com- Mullins Riley & Scarborough; R. Matthew Cairns, DRI – mittee will likely soon consider suggestions for amendment of The Voice of the Defense Bar; and Tom Allman, formerly of the pleading Rules. BASF. The LCJ Board elected new officers including Gino Marchetti State E-Discovery Update (President), Wayne Mason (President-Elect), Marc Williams (Vice LCJ continues to engage defense and corporate counsel President), Leah Lorber of GSK (Secretary Treasurer), and John nationwide in programs to minimize costs and burdens associ- Martin ( LCJ past President). ated with intrusive electronic discovery. Currently, LCJ is working with its members to develop a State E-Discovery Program FRCP Update that will identify opportunities and initiate rule making action The federal rule makers’ intensive review of the Federal to minimize the costs and burdens associated with the pres- Civil Rules was kicked into high gear following the Duke Law ervation, production, and discovery of electronic information School Litigation Conference in May, 2010, in which more in the states. This program seeks to build upon the founda-

28 Spring 2011 Federation Flyer LCJ NEWS tion laid by the 2010 “State E-Discovery Project” in order to target and prioritize state action that is national in scope and closely coordinated with LCJ’s ongoing work to obtain revi- FDCC Calendar of Events sions to federal e-discovery and preservation procedural rules. Overall, the State E-Discovery Program will reemphasize the proactive support of state reform in a more systematic way to better leverage the resources of the defense organizations with those of the corporate community. The program will be 2011 co-chaired by former DRI President Marc Williams and a June 12-16, 2011 corporate counsel to be identified soon. Litigation Management College Legislative Alert ! LCJ Urges Opposition to & Graduate Program Restrictive Protective Orders Legislation Emory University Conference Center • Atlanta, GA On May 12th, LCJ issued a “Legislative Alert” request- ing its members to contact members of the U.S. Senate Judi- July 24-31, 2011 ciary Committee to request that they oppose legislation that FDCC Annual Meeting restricts the discretion of judges to issue protective orders and Colonial Williamsburg Resort • Williamsburg, VA seal settlement agreements. LCJ has joined with other business organizations in signing a coalition letter that opposes S. July 25-27, 2011 623, the 21-year-old Sunshine in Litigation Act of 2011, which was introduced by Senator Herb Kohl (D-WI) in March. Leadership Institute Currently, the Federal Judicial Conference Committee on Rules Colonial Williamsburg Resort • Williamsburg, VA of Practice and Procedure, the Advisory Committee on the Federal Rules of Civil Procedure, and the American Bar Association are September 19-20, 2011 on record opposing the measure as well. All FDCC members P&O Leadership Meeting who have contacts with Senate Judiciary Committees are urged Four Seasons Philadelphia, PA to contact them to oppose S. 623. •

Filing of Amicus Brief in Echostar September 20-22, 2011 As part of its ongoing efforts to reform the rules on pres- Corporate Counsel Symposium ervation, LCJ recently submitted an Amicus Brief in support Four Seasons • Philadelphia, PA of the defendant/appellant in the case of Voom v. Echostar. The brief asked the Appellate Division of the New York Su- November 16-18, 2011 preme Court to overturn a November 2010 New York Supreme Court ruling requiring corporations to preserve all documents Insurance Industry Institute and electronically stored data relating to any routine business New York Athletic Club • New York, NY disputes that could possibly lead to litigation. This ruling set unreasonable and unachievable standards for corporations, especially those corporations that conduct hundreds of such routine negotiations each month. Even those corporations making every possible effort to adhere to these new standards March2012 3-10, 2012 might fail to do so and therein be subject to legal sanctions. The court accepted the Amicus Brief and scheduled an oral FDCC Winter Meeting argument for April 27, 2011 in New York. The matter is still Waldorf Astoria Arizona Biltmore • Phoenix, AZ pending. July 28-August 4, 2012 FDCC Annual Meeting “Try not to become a man of success. The Fairmont Chateau Whistler • British Columbia, Canada Rather become a man of value.” — Albert Einstein

Federation Flyer Spring 2011 29 WINTER meeting 2012 March 3-10, 2012 Waldorf Astoria Arizona Biltmore Phoenix, Arizona

Deb Varner Convention Chair

New York Yankees’ catcher and well known baseball phi- and Other Reflections on Baseball, a best-selling collection of losopher, Yogi Berra, once said, “Baseball is ninety percent new and previously published writings. Will was a member of Amental. The other half is physical.” Keeping this philosophy Major League Baseball’s Blue Ribbon Panel, examining base- alive, the 2012 FDCC Winter Meeting in Phoenix, Arizona ball economics. will be ninety percent mental and the other half physical. The other half physical side begins with baseball. The Located at the Arizona Biltmore, the 2012 Winter Meeting “Valley of the Sun” is home to spring training for fifteen (15) is a Saturday to Saturday meeting, scheduled for March 3 – major league baseball teams. It is guaranteed that during the 10, 2012. Join President Mike Neil and First Lady, Jan Neil, first week of March, 2012, there will be at least one major Convention Chairs, Deb and Jim Varner, and Program Chair, league spring training game a day. Most days will have 2 or Don and Doreen Myles, as we celebrate friendship, baseball, 3 games going on. Teams within the Cactus League are the history, and the law. Arizona Diamondbacks, Chicago Cubs, Chicago White Sox, From the mental side, Don Myles is working on a terrific Cincinnati Reds, Cleveland Indians, Colorado Rockies, Kan- program, “Legal Spring Training: Working on the Fundamen- sas City Royals, Los Angeles Angels, Los Angeles Dodgers, tals.” Opening the program will be the 2012 Trial Masters, Milwaukee Brewers, Oakland Athletics, San Diego Padres, “Trial Fundamentals For the Big Damage Case.” Another high San Francisco Giants, Seattle Mariners, and Texas Rangers. As profile plenary session topic is “Negotiations and Sports”, with the date drawers near, check out www.cactusleague.com for a NFL referee Ed Hochuli, agents, and NFL staff discussing how complete schedule of spring training events. So, take yourself the league and players negotiated and litigated in 2011. Fitting out to the ballgame and enjoy. for Arizona, “Immigration and Economics” will be a plenary Located approximately fifteen minutes from Phoenix’s session topic with a panel addressing what is legal and the ef- Sky Harbor Airport, the Arizona Biltmore, designed by Frank fects on your office and the legal community. Be sure not to Lloyd Wright, was built in 1929. The Wrigley Family, of chew- miss the expert panel of tech wizards in “Legal Apps to Make ing gum fame, owned the hotel for 43 years. According to its Your Life Easier” - 10 legal applications for your phone, com- history, every President since Herbert Hoover has stayed at puter, and iPad that you must have to keep up in the new age the hotel while in office, although President Obama has yet of change. Closing out the week of sports and CLE will be to be a guest. Surrounded by mountains, the Biltmore offers George Will. fantastic scenery and plenty of activities. George Will is today’s most widely read columnist. His Hiking, biking, and rafting will be available. Scheduled newspaper column has been syndicated by The Washington Post hikes include Piestewa Pike (Squaw Peak). Squaw Peak can be since 1974. Will’s column currently appears twice weekly in seen from the grounds of the hotel. It is located in the Phoe- close to 400 newspapers in the United States and Europe. In nix Mountain Preserve, just a short distance from the hotel. 2010, Will’s book, Men At Work: The Craft of Baseball, which An easy 2 mile hike into the McDowell Sonoran Preserve on topped The New York Times best seller list in 1990, was reis- the Saguaro Loop Nature Walk is also available. Hikers will sued as a 20th Anniversary special edition with a new intro- observe the beauty of the desert including all varieties of Ari- duction (paperback). Other published writings by Will on zona cacti. The final hike of the week will be the most diffi- baseball include Bunts: Curt Flood, Camden Yards, Pete Rose cult. Hiking the Freedom Trail is a 4 mile hike that will take

30 Spring 2011 Federation Flyer WINTER MEETING–2012 climbers into the North Phoenix Mountain Preserve, a 7,000 expert jeweler will provide insight on the “how-tos” of wearing acre preserve with breathtaking views. Guided bike tours will jewelry. take guests along Arizona’s rolling desert terrain. The level of As for the more traditional events, a Fiesta will be held on the ride will be adjusted according to the guests’ needs. Tuesday in honor of President Mike Neil and First Lady Jan For the rafting/float enthusiasts, a rafting trip (Class I Neil. Recepcion del Presidente will take place in the mountain rapids) has been arranged on the Verde or Salt Rivers. The splendor of the Squaw Peak Lawn. Celebrating with a Mexican guide company will make the determination based upon water theme, guests can enjoy the sounds of the Mariachi band and level at the time of the event. This is the place to view wildlife. the tastes and smells of the Mexican Cuisine. Tequila tasters While not rafting, those willing to throw caution to the wind can enjoy tastings at the tequila station. Coats, no ties for men. can partake in the Desert Dog Comfortable shoes for women. Hummer Tour. Sombreros encouraged! If food is your thing, this Wednesday night is the Convention has it all. Rated the theme party, an FDCC All-Star Number 1 attraction in Scotts- Bash. Run around the bases with dale, attendees can participate FDCC friends at this celebra- in “A Taste of Old Town Scott- tion of baseball, history, and the sdale.” “A Taste of Old Town FDCC. Have a favorite baseball Scottsdale” is a walking food and team? Wear the jersey of your fa- cultural tour full of stories of the vorite team. Former pitchers can Old West, demonstrations, and test their pitching skills; hitters delectable food and wine sam- can show off their form. “Has- plings from some of Scottsdale’s beens” can determine their own unique and exciting restaurants. level of humiliation to which Guests will be taken on a three they will subject themselves on hour adventure through location and time, starting with the these machines. Ben-Gay will be available upon request. Games Wild West and how Scottsdale was established. “Come Hun- and all things baseball will be available for attendees. Feast on gry and Ready For A Fun Time” is the motto of organizers foods from your favorite stadium, as well as stadium staples for this event. such as hotdogs, pretzels, and cotton candy. Dress casual and Cooking enthusiasts may choose to adventure to the Des- bring your camera. You can never be sure who will show up ert Botanical Gardens. Covering over 50 acres, the garden has at the ballpark. 6 major trails and exhibits and is home to over 21,000 plants. Come dance in the desert on Friday, for the black tie din- A “Taste of the Southwest Cooking Demonstration” will be ner and dance. Snake Eyes, an FDCC favorite, will perform held at the garden. Those choosing this adventure will enjoy without interruption for this event. a fabulous cooking demonstration and participate in cooking Attractions are not limited to the Biltmore property. With- their own lunch. For the first time in FDCC history, an FDCC in a few hours drive, there are attractions such as Tombstone cookbook will be compiled and presented to participants in and the OK Corral to the south, and Sedona and the Grand the “Backyard Barbeque.” This is not your ordinary barbeque. Canyon to the north. In the nearby vicinity, there are ghost Chef Todd will show off his culinary expertise with bourbon, towns, canyons, scenic lakes, drives, and desert trails. Baseball scotch, Irish whiskey, and a grill. Grill masters will learn how is not the only sport in the Valley of the Sun. The Valley also to use these libations in recipes for the grill. It is possible that plays host to dozens of golf courses, including many that have some of this alcohol could be imbibed by participants in this hosted PGA and LPGA events. event. When all the physical activity seems too tiring, schedule a Shopping, of course, is included in the planned physical spa appointment during the FDCC’s spa day. On Wednesday, activities. While the Biltmore has shops on premises, there is a March 7, the Spa has agreed to a 20% discount on all servic- shuttle available to the Biltmore Fashion Center, a five minute es. Appointments should be made in advance of the meeting. trip from the hotel. Jewelry enthusiasts, however, will not need For those unable to make appointments in advance, we hope to leave the hotel. FDCC guests can enjoy an afternoon in the to have a spa attendant at the FDCC Registration Desk on Hyde Park Jewelers’ Vault. Hyde Park Jewelers, a well known Sunday to assist with appointments. Space is limited, however. jeweler, will bring its gold to the Gold Room of the Arizona See you in Arizona in 2012. There will be something for Biltmore. Accompanied by champagne and chocolates, guests everyone at this meeting. In order to fully enjoy the meeting, will not only be permitted to view and purchase the jewelry, please don’t pet the rattlesnakes, kiss the gila monsters, or sit but will be permitted to wear the jewelry during the show. An on the cactus.

Federation Flyer Spring 2011 31 Autumn Wolfer DRI Senior Marketing Analyst

ave the Date! The 2011 DRI Annual Meeting will be to DRI’s insurance seminars. We invite you to come and learn, held October 26-30 in Washington, D.C., at the beauti- as well as network with your peers from around the country, Sful Marriott Wardman Park. Be sure to visit www.dri.org for all while enjoying the sights and sounds of Washington, D.C. more details. New for Corporate Counsel! In-house counsel are now eli- This year’s United States Supreme Court term promises to gible for free registration to DRI seminars. In-house counsel be a blockbuster for class action law. By the end of June, the are defined as licensed attorneys, who are employed exclusively Court will have released three important opinions in the class by a corporation or other private sector organization, for the action arena. Wal-Mart v. Dukes arises from one of the larg- purpose of providing legal representation and counsel only est employment class actions in American history. The Court’s to that corporation, its affiliates, and subsidiaries. In order to decision will address the standards for certifying a class action qualify for free registration, the individual must also be a DRI under Rule 23(a) and when a class action for monetary relief member and a member of DRI’s Corporate Counsel Commit- can be certified as a mandatory, non-opt-out class under Rule tee. This offer excludes the DRI Annual Meeting. Questions? 23(b)(2). AT&T Mobility v. Concepcion will answer the pressing Contact DRI’s Customer Service Department at 312-795-1101 question of when, if ever, corporate defendants can include a for more information. class action waiver in consumer arbitration agreements. And, DRI’s Bookstore is pleased to announce the newest addi- Smith v. Bayer Corporation will resolve whether plaintiffs who tion to our resource library. Insurance Bad Faith - 2010. This lose class certification in federal court can try to obtain an in- new state-by-state compendium explores the elements of a bad consistent ruling in state court on the same procedural issue. faith claim in every jurisdiction. Written by leading attorneys DRI’s Class Action Seminar will bring together counsel who specialize in insurance defense and coverage, each chapter of record from these Supreme Court cases, along with federal discusses causes of action, damages, elements of proof, practice appellate judges and renowned class action specialists to address and procedure, defenses, and counterclaims. This new guide is these and other cutting-edge issues of class action law. If you a must-have publication for all insurance carriers and insur- practice in the fields of complex litigation, mass torts or class ance defense and coverage counsel. actions, you will not want to miss this outstanding seminar. Discover all the resources DRI has to offer to build your Learn and discuss current diversity trends and gain the practice at www.dri.org! tools to keep diversity a priority during tough economic times at DRI’s Diversity for Success Seminar in Chicago, June 16–17. Hear from leaders in the legal profession about how to increase the success of law firms and corporate law departments in their diversity and retention efforts. The Diversity DRI Annual Meeting Expo offers abundant networking opportunities, as attendees and their respective firms are able to interview with corpora- speakers tions and insurance companies that value diversity and have 2011 n made a serious commitment to diversify their outside counsel. President Bill Clinton Learn how to minimize the risks of a bad faith trial from n U.S. Supreme Court Justice Antonin Scalia some of the most experienced defense lawyers in the country at DRI’s Insurance Bad Faith and Extra-Contractual Li- n Bryan A. Garner, Lawyer, Lexicographer, and ability Seminar. A distinguished faculty will try a mock bad Teacher faith lawsuit, which will focus on combating plaintiffs’ latest n theories of liability. A judge will provide analysis and rulings John S. Pistole, Administrator of the U.S. on evidentiary issues, and a jury will assess the evidence and Transportation Security Administration and the effectiveness of counsels’ arguments and examinations. In Former FBI Deputy Director recent years, bad faith issues have attracted record audiences

32 Spring 2011 Federation Flyer ANNUAL MEETING–2012

FDCC 2012 Annual Meeting Whistler, B.C., Canada Saturday, July 28 – Saturday, August 4, 2012

“Sustaining Our Practices, Our Lives, and Our Environment”

Vicki Roberts Convention Chair

n n 2012, we will return to the Fairmont Chateau Whistler, Zip-lining through the mountains the ultimate family destination, after an absence of 13 years n Skiing or snowboarding the glacier Iduring which Whistler and the Fairmont have undergone n Gondola rides multiple upgrades and changes. One of the first changes you will see is the new “Peak 2 Peak” gondola which connects the Your evenings will bring special and memorable parties tops of Whistler and Blackcomb Mountains, a 4.4 kilometer including: ride, the longest of its kind in the world. If heights are not your thing, you will love the flora and fauna that surrounds the n The President’s Reception honoring Mike & Jan area. Our home for the week, the fabulous Fairmont Hotel, Neil at the Roundhouse atop Whistler Mountain has undergone extensive renovations and remains one of the n Our theme party, a fantastic evening at the Ab- premier destinations in North America. original Museum & Cultural Centre which While having grown over the last 35 years from a tiny vil- showcases the local Squamish and Lil’wat First lage to a world class resort destination, Whistler has retained Nations through Native art, awesome exhibits, its beauty and charm. Full of shops and fabulous restaurants, and engaging performances it remains surrounded by the beauty and nature which have n always made Whistler such a beautiful location. Fantastic kids’ events, tailored to their age groups n Scott Kreamer has put together a wonderful program, aimed Dine-around night at a plethora of first class res- at sustaining you law practice and your clients – whether you taurants reflecting the international clientele of are in-house or in private practice. CLE will take care of your Whistler mornings. You then will have a difficult choice among the many n A non-black tie gala closing event – complete activities available to you and your families in the afternoons: with surprise live entertainment n Golf on the Fairmont’s championship course or others in the area Reservations can be made directly with the Fairmont: (U.S. n & Canada) 1 (800) 257-7544; International 800 0441 1414; Mountain biking down the ski trails Email: [email protected] n Whitewater rafting Don’t forget you need your passport if traveling from out- n Sliding down the Olympic luge run side of Canada! n Nature and birding hikes

Federation Flyer Spring 2011 33 WELCOMENEW MEMBERS Charles A. Deluca CORPORATE CounseL Ryan Ryan Deluca LLP, Stamford, CT Joseph R. Alberts Sponsors: J. Crisman Palmer; Paul D. Williams The Dow Chemical Company, Indianapolis, IN Sponsors: John C. Trimble; Eric A. Riegner Lawrence A. Dunn Morris & Morris, PC, Richmond, VA Nori Sue Fey Sponsors: Terrence L. Graves; Kevin E. O’Brien Bayada Nurses, Inc., West Deptford, NJ Sponsors: Robert J. Marino; Richard K. Traub James A. Edwards Zimmerman, Kiser & Sutcliffe, PA, Orlando, FL Richard R. Hayslett Sponsors: Frank H. Gassler; Daniel J. Gerber Commercial Metals Company, Irving, TX Sponsors: Joe A. Garza; Robert W. Foster, Jr. Kevin G. Faley Morris Duffy Alonso & Faley, New York, NY Jeanette D. Lee-Sam Sponsors: Kevin J. Kelly; Michael D. Shalhoub Chartis Insurance, New York, NY Sponsors: Elizabeth F. Lorell; Michael T. Lucey G. David Godwin Carroll, Burdick & McDonough LLP, San Francisco, CA Miguel R. Rivera, Sr. Sponsors: Ray L. Wong; Kevin T. Coughlin Wal-Mart Stores, Inc., Bentonville, ARFEDERATION OF DEFENSE Sponsors: David M. Fuqua; Joseph M. Fasi, II Ronald L. Harper & CORPORATELeitner, COUNSEL Williams, Dooley & Napolitan, PLLC, Memphis, TN Cesar A. Sastre Sponsors: Thomas A. Williams; Marc H. Harwell Bass Underwriters Inc., Plantation, FL Sponsors: Victoria H. Roberts; William S. Berk Barton H. Hegeler Barton H. Hegeler, Attorney at Law, APC, San Diego, CA Randall R. West Sponsors: Clark R. Hudson; Michael I. Neil QBE the Americas, Greenwood Village, CO Sponsors: Lance J. Albright; John P. Craver Derek D. Lick Sulloway & Hollis, PLLC, Concord, NH Michael D. Zeoli Sponsors: Edward M. Kaplan; Fred J. Desmarais Chubb & Son, Simsbury, CT Sponsors: Todd A. Roberts; Stephen E. Goldman Michael A. Ludwig Jones Skelton & Hochuli, Phoenix, AZ Sponsors: Donald L. Myles, Jr.; Barry Bartholomew Defense Counsel Linda M. Moroney Joseph P.H. Babington Gordon & Rees LLP, San Francisco, CA Helmsing, Leach, Herlong, Newman & Rouse, Mobile, AL Sponsors: Michael T. Lucey; Kelly Lowrey Sponsors: Cooper C. Thurber; G. Bruce Parkerson James F. Moseley, Jr. John K. Baker Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, FL Mitchell, Williams, Selig, Gates & Woodyard, PLLC, Little Rock, AR Sponsors: Victor M. Halbach, Jr.; L. Johnson Sarber, III Sponsors: Thomas S. Streetman; William H. Edwards, Jr. Alan S. Rutkin Brian L. Calistri Rivkin Radler, LLP, Uniondale, NY Weber Gallagher Simpson Stapleton Fires & Newby LLP, Phila- Sponsors: Dan D. Kohane; Thomas L. Davis delphia, PA Sponsors: Warren L. Simpson; Jr. ; Robert B. Miller Wayne A. Shaffer Laxalt & Nomura, Ltd., Reno, NV Nicole M. Charlebois Sponsors: Eugene J. Wait, Jr.; Christopher J. Jorgensen Allen, Shepherd, Lewis, Syra & Chapman, PA, Albuquerque, NM Sponsors: Robert J. Mroz; J. Frank Kinsel, Jr.

34 Spring 2011 Federation Flyer NEW MEMBERS FUTUREMeetings Robert C. Ward, Jr. ANNUAL 2011 Rushton, Stakely, Johnston & Garrett, PA, Montgomery, AL Sunday, July 24 – Sunday, July 31, 2011 Sponsors: Helen Johnson Alford; Charles A. Stewart, III Colonial Williamsburg Resort Williamsburg, Virginia Jeffrey S. Weinstein Mound Cotton Wollan & Greengrass, New York, NY WINTER 2012 Sponsors: Andrew B. Downs; Kathleen B. Browne Saturday, March 3 – Saturday, March 10, 2012 Craig Lee Winterman Waldorf Astoria Arizona Biltmore Herzfeld & Rubin, LLP, Los Angeles, CA Phoenix, Arizona Sponsors: Martin J. Kravitz; James J. Yukevich ANNUAL 2012 Saturday, July 28 – Saturday, August 4, 2012 The Fairmont Chateau Whistler Thank you Whistler, British Columbia to our 2011 Sponsors WINTER 2013 American Jury Centers Saturday, March 2 – Saturday, March 9, 2013 www.americanjurycenters.com The Westin La Cantera Resort San Antonio, Texas 2011 - 2016 Atlas Settlement Group, Inc. www.atlassettlements.com ANNUAL 2013 Courtroom Sciences Inc. Sunday, July 28 – Sunday, August 4, 2013 www.courtroomsciences.com The Broadmoor Colorado Springs, Colorado Engineering Systems, Inc. www.esi-website.com WINTER 2014 Exponent Saturday, March 1 – Saturday, March 8, 2014 www.exponent.com Marco Island Marriott Marco Island, Florida Frank Crystal & Company www.frankcrystal.com ANNUAL 2014 Habif, Arogeti & Wynne, LLP Saturday, July 26 – Saturday, August 2, 2014 www.hawcpa.com Silverado Resort Napa, California JuriStaff www.juriStaff.com WINTER 2015 Matson Driscoll & Damico, Ltd. Saturday, February 28 – Saturday, March 7, 2015 www.mdd.net Waldorf Astoria El Conquistador Fajardo, Puerto Rico Preferred Settlements www.preferredsettlements.com ANNUAL 2015 Rust Consulting, Inc. Saturday, July 25 – Saturday, August 1, 2015 www.rustconsulting.com Fairmont Banff Springs Hotel SEA Limited Banff, AlbertA www.sealimited.com WINTER 2016 – To Be Determined Thomas G. Oakes & Associates www.tgoakes.com ANNUAL 2016 Saturday, July 23 – Saturday, July 30, 2016 U.S. Legal Support Fairmont Le Manoir Richelieu www.legalsupport.com Charlevoix, Quebec

Federation Flyer Spring 2011 35 Officers and Board of Directors 2010 – 2011

Left to right Bottom row: Marty Streeper, Ed Kaplan, Tom Cordell, Mike Neil, Mike Lucey 2nd row: Mills Gallivan, Ken Nota, Helen Alford, Gale White, Robbie Foster 3rd row: Steve Farrar, Debra Varner, Bruce Celebrezze, Deb Kuchler Top row: Scott Kreamer, Don Myles, Susan Harwood, Walter Dukes Missing: Michael Nelson, Tim Pratt, Vicki Roberts, Greg Witke

FEDERATION OF DEFENSE & CORPORATE COUNSEL

11812 North 56th Street Tampa, FL 33617

Send your comments regarding the Flyer to: Gregory Witke • [email protected]