Luncheon - Thursday, April 17, 11:30 A.M. - 1:00 P.M.

Join us for a keynote luncheon address on Thursday by Michael E. Mone, a nationally prominent Boston practitioner and the first plaintiff 's attorney to serve as the president of the American College of Trial Lawyers.

Plenary - Friday, April 18, 8:45 - 10:15 A.M.

I Think Therefore I Win: The Psychology of Negotiation

Arguably a litigator's most valuable skill is negotiating acumen. Whether it is time to settle a case or just buy a few more days for a court filing, the art of persuasion will make or break our practice. The Director of the Harvard Project on the Psychological Process of Negotiation, Max Bazerman, will drill past conventional negotiation principles for a deeper look at the psychological processes driving negotiation dynamics. Professor Bazerman will offer tips on negotiating successfully from a position of weakness, uncovering the truth when the other side wants to conceal it, how to negotiate ethically and create trusting relationships, and other insights on best bargaining tools.
Max H. Bazerman, Director, Project on the Psychological Processes of Negotiation, Program on Negotiation, Harvard Law School

Conference Breakout Sessions

Breakout Session - Insurance Marketplace Update

This session will examine the competitive market cycle from the perspective of the insurer, focusing on the actuarial, underwriting and claim handling components. Was the last hard market cycle long enough to return insurers to health in this line? What impact do falling rates and broadened terms have on profitability? Are the aggregate claim results different than they were five years ago? What impact does new capital have on the market? Are some segments of the LPL market more competitive than others? Will the current trend of broadening coverages serve the marketplace well?
Michael J. Furlong, Sr. Vice President, Lawyers Business Leader, Swiss Re, Overland Park, KS
Kimberly K. Pihlstrom, Sr. Vice President, Product Manager, Lawyers' Professional Liability, OneBeacon Professional Partners, Chicago, IL
Douglas Thompson, Managing Director, Thompson Flanagan & Co., LLC., Chicago, IL
Cynthia J. Traczyk, Senior Vice President and Actuary, CNA, Chicago, IL

Breakout Session - Managing Electronic Data Received from Friend and Foe

From the moment litigation is reasonably anticipated, proper planning for the preservation, production, receipt and review of electronically stored information is a must. Tough new federal e-discovery rules mean failure to properly elicit, store, organize and produce a client's e-documents can cost the lawyer more than a supplemental production. And analyzing an adversary's production of electronic files can be equally daunting, in age when electronic information is proliferating. This session will offer practical advice on developing an e-discovery strategy. Our e-discovery experts will highlight the issues and address the concerns that need to be raised at the initial client conference the "meet and confer," and later when your side produces or receives documents. The panel will discuss how technology can make the process sane and manageable.
Bruce A. Olson, Davis & Kuelthau, S.C., Green Bay, WI

Breakout Session - Case Law Developments

Have you been keeping up with recent case law developments? This seasoned panel will enlighten you with the latest law and explain how it may influence case evaluation and strategy in the professional liability field.
Pamela A. Bresnahan, Vorys, Sater, Seymour and Pease LLP, Washington DC
Paul C. Peterson, Lind, Jensen, Sullivan & Peterson, Minneapolis, MN
Andrew J. Waxler Waxler, Carner, Weinreb, Brodsky LLP, El Segundo, CA

Breakout Session - The Art of Risk Management for Lawyers Representing Lawyers

Open communication is the best risk management tool around. Nowhere is it more important than when your client or your insured is an attorney. This panel will offer techniques for (i) assisting the lawyer-client in accepting his or her appropriate role in the litigation, (ii) effectively using the client's expertise in the substantive area of law to defend to the "case within a case", and (iii) managing the lawyer-client who has a different lawyering style from yours. Understanding the mindset of the lawyer-client will assist you in preparing the client to give testimony and reaching consensus with the client on settlement. Defense counsel will benefit by learning strategies for improving client relations and reducing the possibility of a malpractice claim asserted by the attorney-client.
David A. Grossbaum, Hinshaw & Culbertson LLP, Boston, MA
Marian C. Rice, L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, NY
Joseph W.E. Schmitt, Managing Director, Lawyers Professional Liability, Bond & Financial Products Claims, The Travelers Companies, Inc., St. Paul, MN

Breakout Session - Attorney-Client Privilege Issues between Inside-Outside Counsel

This session will examine the perils of the common assumption that if a lawyer was a part of the conversation, the conversation is privileged. When are corporate communications with inside counsel not privileged? Can communications between inside and outside counsel lose their privileged status? When is inside counsel acting in a "business" capacity rather than a legal capacity? What happens when communications include related entities? What are the effects on the privilege and the perils for the lawyer who has joint clients? Are the usual rules on privileges for joint clients modified in the tri-partrite relationship connecting insured, insurer and defense counsel?
James R. DeGiacomo, Murtha Cullina LLP, Boston, MA
Thomas E. Spahn, McGuire Woods, McLean, VA
Steve Taub, Assistant General Counsel, U-Haul International Legal Department, Phoenix, AZ

Breakout Session - Coverage, Underwriting & Claims Handling Through Muddy Waters

How should a claim department internally manage a claim presenting coverage questions without subjecting the company to bad faith liability? When is it proper to invoke a cone of silence to protect certain internal legal communications? What defense strategies should be considered when damages are excess policy limits, but the insured has a strong defense? Is the innocent insured provision still of value to the firm? Does it really limit coverage if the firm has more than one insured? Does it really make sense to add ancillary businesses to an LPL policy?
Phil Fraim, President, Oklahoma Attorneys Mutual Insurance Company, Oklahoma City, OK
Jane B. Long, Vice President, Claims Counsel, Lawyers Mutual Insurance of Kentucky, Louisville, KY
Regina E. Roman, Sugarman, Rogers, Barshak & Cohen, P.C. Boston, MA

Breakout Session - Analyzing Damages: Getting Down to the Details

The audience will learn how to perform precise damages analysis in legal malpractice cases. The methodology will be demonstrated through a series of hypotheticals based on real life cases. Attend this program to learn more about the process for doing an analysis, how bankruptcy affects the equation, how offsets factor in, when and if collectibility is an issue, and many other concepts that will assist you in the process. The program will be highly interactive; come prepared to share your views.
Heather L. Rosing, Klinedinst PC, San Diego, CA

Breakout Session - High Stakes Liability Exposure: IP Based Claims

In the wake of some big cases and settlements, professional liability claims against intellectual property attorneys continue to plague that bar. Due to the severity of exposure and the complexity of the underlying subject matter, such claims can be among the most problematic to defend. The panel will address pressing topics, and recent case law, in this high risk arena, including jurisdictional issues, substantive areas of IP practice raising unique concerns, causation and damages, and conflicts of interest. The panel will also discuss key aspects of the litigation of an IP malpractice case, including selection and use of experts, and jury trial themes.
Guy D. Calladine, Carlson, Calladine & Peterson LLP, San Francisco, CA
Esther Kepplinger,Wilson, Sonsini, Goodrich & Rosati, Washington, DC
David Hricik, Mercer University Walter F. George School of Law, Macon, GA

Breakout Session - Defense Counsel Being Sued

Gone are the days when insurance defense counsel was relatively immune to the risk of a malpractice suit. Today's defense counsel often must deal with an unhappy carrier or a disgruntled insured, and must navigate complex relationships to avoid being sued. This panel will examine the multiple duties of defense counsel, as well as the standing of insureds and primary and excess carriers to sue for malpractice. Finally, the panel will identify common pitfalls that lead to suits against defense lawyers.
Benjamin H. Hill III, Hill, Ward & Henderson PA, Tampa, FL
Clyde D. Bergstresser, Campbell Trial Lawyers, Boston, MA
Frederik M. Fontein, Senior Vice President, AIG Programs, Lexington Insurance Company, Boston, MA
Michael J. Stone, Peabody & Arnold LLP, Boston MA

Breakout Session - Firm Counsel Project Roundtable: Lawyers Serving on Boards and Lawyers Serving as Expert Witnesses

The goal of the ABA Business Law Section's Firm Counsel Project is to build a community of lawyers within law firms, corporate law departments, and other law offices who perform internal functions related to ethics, risk management, or loss prevention. If you meet that description, you will want to attend this roundtable discussion. This session will be focused on lawyers serving on boards and lawyers serving as expert witnesses.

No CLE credit is available for this session.

Updated: 02/07/2008