Schedule and Sessions
WEDNESDAY, September 13, 2017
3:00 – 7:00 p.m. Registration
4:30 - 5:30 p.m. Young Professional Happy Hour
5:30 – 6:00 p.m. Sponsor and First-Time Attendee Welcome Reception
6:00 – 7:30 p.m. All Attendee Welcome Reception
8:00 p.m. Dinner Dine-Out (This is not a hosted event)
Thursday, September 14, 2017
7:00 – 8:00 a.m. Yoga
7:30 – 8:30 a.m. Open 12-Step Support Group Meeting
7:30 – 8:45 a.m. Continental Breakfast
7:30 – 4:00 p.m. Registration
8:00 – 8:30 a.m. Young Professionals Breakfast with Experience
8:30 – 8:45 a.m. Introduction and Program Overview
8:45 – 9:45 a.m. Plenary Session 1
Winning At All Cost: Can We Compete Equitably By Following the Rules?
Known to many as the person who exposed Lance Armstrong and the U.S. Postal service cycling team doping program, Travis Tygart, CEO of the U.S. Anti-Doping Agency (USADA), will discuss the realities of competition in high-stakes environment like international sports and transcendence in the legal field. In his fifteen years at USADA, Tygart has also served as the Director of Legal Affairs and as Senior Managing Director & General Counsel; prosecuting cases on behalf of clean athletes before the American Arbitration Association and the Court of Arbitration for Sport. In this session, Tygart will discuss the ethical implications and consequences athletes face when they are found to be in violation of these rules, how these parallel unethical behavior and misconduct in the legal profession, and the lessons that can be learned by the rest of us who do play by the rules. He will also address new challenges faced by the agency, such as dealing with cybersecurity vulnerabilities and Russian hackers.
Travis Tygart, CEO, U.S. Anti-Doping Agency, Colorado Springs, CO
9:45 – 10:00 a.m. Refreshment Break
10:00 – 11:00 a.m. Plenary Session 2
Artificial Intelligence and the Coming Age of the Superhuman Lawyer
Artificial intelligence (A.I.) is changing the way lawyers think, the way they do business and the way they interact with clients. Artificial intelligence is more than legal technology; it is a paradigm shift in how legal work is done. Software designers are now creating programs to use data to predict litigation and reduce the time needed for e-discovery and document review, because the software searches for concepts as opposed to simple keywords - allowing lawyers to focus on higher value tasks. While this is exciting and new, it is not without risk. This panel of experts will explore the current state of A.I. used in law firms and corporate legal departments, its anticipated impact on the legal profession, how it may play a role in ethics and legal malpractice, and what action should be taken to be prepared for the future of A.I. The future is here. Are you ready?
Andrew Arruda, CEO, ROSS Intelligence, San Francisco, CA
Sterling Miller, Partner, Hilgers Graben PLLC, Dallas, TX
Jason Smith, Senior Director and Legal Counsel, Aptus, Houston, TX
Karen Painter Randall, Partner, Connell Foley, Roseland, NJ (Moderator)
11:00 – 11:15 a.m. Refreshment Break
11:15 – 12:15 p.m. Breakout Sessions
Breaking Up is Hard to Do
Law firms are operating in an intensely competitive landscape. The imperative for survival and the drive for growth are leading more firms to breakup and/or for attorneys to switch firms. But breaking up is hard to do: When co-owners of a business break up they are subject to a variety of contractual, common law (fiduciary), and statutory obligations, and lawyers are subject to additional duties imposed by the Rules of Professional Conduct. Those duties run not only between the lawyers and their clients, but between the lawyers themselves. Session attendees will learn best practices (the “do’s and don’ts”) involved in these breakups, along with the insurance obligations that come along with any split.
Noreen Calisto, Vice President, Axis Insurance, New York, NY
Thomas Mason, Partner, Harris Wiltshire & Grannis LLP, Washington, DC
Adam Weiss, Principal, Lateral Lawyer Group LLC, New York, NY
Young Professionals Session:
Pick me! Pick me!
Most young lawyers spend the first few years of their practice learning how to be a lawyer. However, in order to take the next step in their legal careers, young lawyers need to get their own clients, which also involves a learning process in terms of client development and marketing. This panel of experts will discuss what concrete steps young lawyers can take to make themselves attractive to clients and retain work. The panel will also discuss how insurance companies select counsel, either through a formal panel process or otherwise, and what steps young lawyers can take to put themselves in the best position to be selected.
Scott Barabash, Vice President, Professional Liability Claims, Aspen Insurance, San Francisco, CA
Matt Borrillo, Senior Claims Attorney, Oregon State Bar Professional Liability Fund, Tigard, OR
Meredith Kaplan Stoma, Partner, Morgan Melhuish Abrutyn, Livingston, NJ
Ashley Eiler, Consulting Counsel, Wiley Rein, Washington, DC (Moderator)
Crisis Management: Sword or Shield?
Crisis management has grown exponentially since the 1980s when incidents such as the Bhopal disaster served as a catalyst for coordinated legal and reputational responses to such incidents. Data breach and other technological crises have opened new frontiers of crisis preparedness. Public interest and thus potential reputational damage have been fueled by heightened and hair-trigger coverage of client legal problems in social media. In recent years the crisis communication process has come under attack as adversaries attempt to use the client's response itself as a litigation weapon. The program will cover crisis preparedness for law firms and their clients. In light of conflicting case law, best practices on how to maximize the effectiveness of the response and minimize the risk the response itself can be used against the client will be discussed.
Jamie Diaferia, CEO, Infinite Global New York, NY
Jonathan Kurens, Esq., Senior Vice President, Marsh USA Inc., New York, NY
Edward F. Donohue, III, Partner, Hinshaw & Culbertson, San Francisco, CA (Moderator)
12:15 – 1:45 p.m. Lunch
1:45 – 2:45 p.m. Breakout Sessions
Secondary Actor Liability for Lawyers Under State Securities Statutes
While lawyers and accountants are generally shielded from liability for federal securities fraud under Central Bank of Denver and Stoneridge, most state securities statutes do permit plaintiffs to sue attorneys for aiding and abetting securities fraud. Under “scheme liability,” secondary actors that engage in conduct that advances a scheme to mislead investors can be held liable to investors. These are often “bet-the-firm cases” for law firms and their insurers. In this program, this panel of experts will discuss the broad definition of a security under the Uniform Securities Act, common theories of liability and defenses, insurance coverage implications and resolution strategies.
Fredda Alpert, Senior Claims Adjuster, Houston Casualty Company, New York, NY
Peter D. Hawkes, Shareholder, Lane Powell, Portland OR
Alex G. Romain, Partner, Hueston Hennigan, LLP, Los Angeles, CA
Shauna Reeder, AVP, CNA, New York, NY (Moderator)
Master Class in Attorney Mal Mediations: Select Topics for the Expert
Law firm dynamics at mediation and differing motivations for the partner defendant, the managing partner, and the general counsel result in tripartite relationship traps, challenges and coverage dilemmas at mediation. This panel of mediation experts will explore these and other topics, including how the mediation privilege may be used as a sword or a shield in subsequent litigation; how to extract all the information you can from the mediator and the opposition at mediation; and common bidding strategies and mistakes. Learn all of this and more and get your claims closed faster, at a better price point, and with less collateral damage.
Ralph Levy, Principal, JAMS, Atlanta, GA
Tami Goodlette, Partner, Lewis Roca Rothgerber, Denver, CO
Michael Mihm, Partner, Ogborn Mihm LLP, Denver, CO
Johannes Kingma, Partner, Carlock Copeland, Atlanta, GA (Moderator)
2:45 – 3:00 p.m. Refreshment Break
3:00 – 4:00 p.m. Breakout Sessions
Ransomware Make You WannaCry? Protecting the Confidential Information of Your Practice and Your Clients From CyberCriminals
On May 12, 2017, a new ransomware worm dubbed “WannaCry” started spreading quickly throughout the world. It has now been reported in more than 150 countries around the globe, affecting hundreds of thousands of networks and more than 10,000 companies. The increase in ransomware attacks as seen with WannaCry is alarming, and it is important for law firms to understand their vulnerabilities and take steps to be prepared. This program will address best practices in preparing for and responding to a ransomware attack, including the advance purchase of bitcoins, negotiating with cyber criminals, use of public decryption keys, implementing an incident response plan and team, containment, and remediation of an attack, but also planning for business continuity, public relations, cyber liability coverage insurance, and regulatory compliance will also be discussed.
Doug DePeppe, Founder, eosedge Legal, Colorado Springs, CO
Gawain Charlton-Perrin, Director of Risk Management, Hanover Insurance Group, Chicago, IL
Steve Smith, Supervisory Special Agent, Federal Bureau of Investigation, Colorado Springs, CO
Richard J.R. Raleigh, Jr., Partner, Wilmer & Lee, Huntsville, AL (Moderator)
The Risks of Managing a Firm Like a Business
Most law firms are starting to be managed more like businesses to meet declining demand, downward price pressure, and an oversupply of substitute providers. This business approach to law firm management imposes potential liability and legal malpractice risks on a firm as attempts are made to streamline processes and reduce overhead while still maintaining profit margins. Exposure can arise in a variety of ways, including laying off essential support staff, attrition of key partners and associates, a lack of attorney supervision and peer group review, failing to promote or train associates, decreasing or modifying attorney compensation, poor accounting practices, and the like. This session will address the most common management issues that contribute to a firm’s risk of a subsequent legal malpractice claim, explore how to reduce those risks, and describe how to insure against them.
Donald L. Mrozek, Partner, Hinshaw & Culbertson, LLP, Chicago, IL
Elizabeth Sharrer, Partner and Firm Chair, Holland & Hart, Denver, CO
Erica Tarpey, Managing Director, Ireland Stapleton, Denver, CO
Clint Wesolik, EPL National Product Leader, CNA, Itasca, IL
EZ ESI: Hands-on Advice for Handling and Using ESI in a Legal Malpractice Claim
Everyone recognizes how important electronically stored information ("ESI") can be in a legal malpractice claim. An email, text message, Facebook post, or even an offhand comment to "Alexa" can make or break a case. When it comes to actually dealing with the logistics and practicalities of ESI, however, defense counsel and claims professionals often find themselves struggling to keep up with the latest e-discovery trends and technology. This session will explore the nuts and bolts of handling ESI in a legal malpractice claim, from preservation to collection to production. Attendees will walk away with a checklist of ESI-related action items to think through at the outset of any legal malpractice claim.
Martin Audet, Riskcovery® Consultant, Advanced Discovery, Phoenix, AZ
Peter Biging, Partner, Goldberg Segalla, New York, NY
Amy DeCesare, VP, North American Claims Group, Allied World, Farmington, CT
Richard A. Simpson, Partner, Wiley Rein, Washington, DC (Moderator)
5:30 – 7:30 p.m. Thursday Evening Reception, Cheyenne Lodge
Friday, September 15, 2017
7:00 – 8:00 a.m. Yoga
7:30 – 8:30 a.m. Open 12-Step Support Group Meeting
7:30 – 9:00 a.m. Continental Breakfast
7:30 – 11:15 a.m. Registration
9:00 – 10:15 a.m. Plenary Session 3
Shifting Ethical Standards
Several ethics rules and lawyer regulation standards are in the process of changing. New ABA Model Rule 8.4(g) (prohibiting conduct that a "lawyer knows or reasonably should know is harassment or discrimination...in conduct related to the practice of law") has ignited great controversy in several states considering its adoption. A groundbreaking proposal to substantially modify the lawyer advertising rules will be considered by the ABA and many states in 2018. Meanwhile, appellate courts across the country are now considering cases that could change the law governing advance conflict waivers, treble damage remedies for lawyer misconduct, and the use of third party litigation financing. This expert panel will explore the implications of all these shifting ethical standards and more.
Nancy Cohen, Partner, Lewis Brisbois, Denver, CO
Charles E. Lundberg, Principal, Lundberg Legal Ethics PA, Roseville, MN
Lynda Shely, Founder, The Shely Firm, PC, Scottsdale, AZ
Melissa Lessell, Partner, Deutsch Kerrigan, New Orleans, LA (Moderator)
10:15 – 10:30 a.m. Refreshment Break
10:30– 11:45 a.m. Plenary Session 4
If the Facts are Against You, Argue the Law. If the Law is Against You, Argue the Facts
“…If the Law and the Facts are Against You, Pound the Table and Yell Like Hell.” (Quote by Carl Sandburg). This panel will discuss several non-traditional tactics to defend, deflect or mitigate lawsuits against lawyers and law firms, including Anti-SLAPP (Strategic Lawsuit Against Public Participation) motions, effective counters to Fair Debt Collection Practices Act (FDCPA) claims, use of federal preemption and unique or creative case-within-the-case defense tactics.
Janice DiGennaro, Partner, Rivkin Radler LLP, Uniondale, NY
George D. Jonson, Partner, Montgomery Rennie & Jonson, Cincinnati, OH
James C. Morrow, Member, Morrow Willnauer Church, Kansas City, MO
Steven Couch, President and CEO, Ohio Bar Liability Insurance Company, Columbus, OH (Moderator)