Schedule/Sessions

Breakfast and Keynote Speaker

• Speakers:

• David Brown, Watkins & Eager PLLC

• Kevin Quinley, Quinley Risk Associates, LLC

• Gretchen Schuler, Invacare Corporation

SESSION 1 - Presentation A: Key Actions in the First 90 Days of a Product Liability Claim

• Speakers:

• Jim Pattillo, Christian & Small LLP

• Brenda Radmacher, Akerman LLP

• Brian Voke, Campbell Conroy & O'Neil, P.C.

• Mary Ann Vorndran, EMC Insurance Companies

This panel discussion will address the hands-on and practical issues of handling product liability claims. After an initial discussion of the foundation issues of the legal basics of product liability claim, the common causes of action alleged, and the available affirmative defenses, the panel will delve into the key recommended actions and activities to properly evaluate and defend against product liability claims.  The critical areas of investigation of the incident and product will underlie the discussion.  Topics covering the experts needed and how the early investigation should proceed will be critical in this discussion.  The panel will also address strategies for early resolution of product liability claims.  Preparing for success starts at the beginning of the claim and the panel will walk through some key aspects of properly evaluating and documenting the investigation, discovery, and preparation for handling of a product liability case and when and how early resolution can be accomplished. 
 

SESSION 1 - Presentation B: Preparing Your Corporate Clients for the Rigors and Reality of Deposition and Trial Testimony

• Speakers:

• Scott Essman, Westfield Insurance

• J. Victor Flanagan, Pullin, Fowler, Flanagan, Brown & Poe, PLLC

• Clyde Richard, CED Technologies - Engineering Experts

Accidents happen all of the time- it’s why all of us here have jobs.  When a loss occurs due to an accident, clients are not often prepared to do their part in investigating, mitigating or (when necessary) fighting accusations against them.  They leave those jobs for the insurance companies, lawyers and experts to handle.  Safety training is often a reactive afterthought in company culture which can make claim management and litigation more difficult than it needs to be.  This panel discussion explores how helping clients develop and implement safety programs can protect them from liability claims and become more safety conscious. 
 

SESSION 1 - Presentation C: Building Your First Line in Defense- Frontline Strategies to Prevent Product Liability Claims

• Speakers:

• David Brown, Watkins & Eager PLLC

• Kevin Quinley, Quinley Risk Associates, LLC

• Gretchen Schuler, Invacare Corporation

The best way to manage litigation is to prevent it in the first place. Prevention is the best "cure" for product liability ills. Adept, adroit customer relation systems can keep consumer complaints from morphing into claims, which averts claims from becoming lawsuits.

This session will arm participants -- claim, legal and risk management professionals -- with practice tips on the following key issues:

* Regardless of product line -- consumer goods to high-tech -- what frontline strategies represent best practices in handling customer incident reports and complaints?

* How do companies defuse product complaints without over-committing or prematurely binding the company to paying?

* What are the pros and cons of so-called ex gratia and "customer relations" payments?

* What are effective ways to calibrate consumer expectations without losing "control" of a product complaint?

Hear a blend of perspectives, practical strategies and tips from a corporate risk manager, product liability defense attorney and insurance claim specialist.

SESSION 1 - Presentation D: The Psychology of Negotiation

• Speakers:

• Glenn Fischer, Custard Insurance Adjusters Inc.

• Betsy Jones, Westfield Insurance

• William Nebeker, Koeller, Nebeker, Carlson & Haluck, LLP

• Ian Stewart, Wilson Elser

This presentation discusses the various cognitive biases that impact the ability of each of us to perceive and place value on things, separate emotions from logic and interact socially in a bargaining situation.  Several theories of psychology are addressed, such as loss aversion, status quo bias, escalation of commitment, reference point effects and anchoring.  The presentation also discusses influence tactics, which are designed to increase the likelihood of one's opponent finding a proposal more appealing based on how it is framed.  These tactics are explained in the context of common negotiation scenarios such as the opening offer, responding to the extreme demand, how to handle concessions, delivering good/bad news, bluffing and blocking techniques, as well as impasse-breaking techniques.

Break

SESSION 2 - Presentation A: Litigating Complex Mechanical System Failures

• Speakers:

• Randy Clarksean, ARCCA, Inc.

• Greg Gilliam, Schools of Ohio Risk Sharing Authority (SORSA)

• Colin Moeller, Ankuda, Stadler & Moeller, Ltd.

 Actions taken at the outset of an investigation following a complex mechanical failure play a pivotal role in the successful resolution of the case. Careful, thorough investigation is vital in ensuring that potential physical evidence is not tainted or destroyed or potential witnesses overlooked.
 
This roundtable panel will include representatives from an insurance company, defense and subrogation counsel, and an engineering expert who will provide insight from their various viewpoints on critical issues faced during all stages of a complex product liability investigation, some of which include: 1) Selection of experts; 2) Risks of Spoliation; and, 3) Electronic evidence gathering.

SESSION 2 - Presentation B: Use of Jury Consultants in Moderate Exposure Cases

• Speakers:

• Paul Schumacher, Dickie McCamey & Chilcote

• Charles Smart, Triumph Motorcycles Ltd

• Robert D. Sullivan, Self Employed

Jury consultants are one of the many litigation-support industries.  Mock trials are popular as a method of case evaluation and trial preparation in high-exposure cases.   At the same time, those who manage a volume of moderate exposure cases may have the impression that the use of jury consultants is cost-prohibitive.  
 
This presentation will share experience in the use of jury consultants in tailored fashions that add value to the defense of moderate-exposure cases.   We will discuss various products and services that are marketed by jury consultants.  The panel will share its experience with alternatives to mock trials and mini-mock trials.  We will identify methods of consultation including: cyber focus groups, framed issue analysis, and framed evidence analysis. In addition the panel will discuss how proprietary data available from jury consultants may be tapped for many purposes including establishment of juror profiles, and voir dire strategy.  The panel will discuss the incorporation of statistical modeling applied to data to enhance the accuracy of case evaluation and issue evaluations.
 

SESSION 2 - Presentation C: Coverage for Cyber Attacks, Hacking and Related Efforts to Invade Protected Computer Systems, including New ISO Exclusions Addressing These Issues

• Speakers:

• Francis J. Messina, Crowell & Moring LLP

• Fred Perez, McLarens

• Steven Rosenstein, AIG

Discussion of whether and to what extent there is potential coverage under Commercial General Liability and specialized policies with respect to claims arising out of cyber attacks, hacking, and other cyber-related issues.  The discussion will be led by leading insurance personnel and practitioners, who will share their expertise and experiences on the issues, including a discussion of possible cyber-related fact scenarios.
 

SESSION 2 - Presentation D: Mediation- Does What Goes on There Stay There?

• Speakers:

• Margaret Erife, ESIS

• Alan Freisleben, Freisleben Law Group

• Robert T. Johnson, Catalytic Claims Services

• Alan Ronson, Munich Re Specialty Insurance

We all use ADR and most of us have for years. To the point where we don’t give it much thought other than as a vehicle to settle a case, or to get the ball rolling towards valuation and settlement. However, while most clients, lawyers, and ADR professionals believe that what happens in mediation cannot be used for any purpose outside the confines of the ADR process, that assumption may at times have no foundation whatsoever in law or in fact.
 

Break

SESSION 3 - Presentation A: I Say Potato, You Say Kartoffel or How Not To Get Lost in Translation

• Speakers:

• Karen Bamberger, JAMS

• Edward J. McGinn, Marshall Dennehey

• Connor Murphy, Capstone Advisory Group

Our economy is truly global, with many products being manufactured overseas and many Americans instigating litigation against foreign companies.  This panel discussion will address and explore the challenges faced when representing foreign manufacturers.  What do you do when you literally cannot talk to your client?  Or understand its documentation?  What cultural issues do you need to be aware of?  Is it polite to contact the president of the company directly?  How do you explain what it means to be deposed?  And how do you prepare someone who may not be familiar with the pitfalls and tactics of American lawyers for a deposition?  It is essential that attorneys in the United States understand and appreciate how to best work with other counsel and clients who may have a different view of litigation.  This panel will provide guidance regarding how to most effectively communicate with foreign counsel and clients, including simple rules of etiquette; how to manage expectations; how to most effectively deal with discovery issues; how to prepare witnesses for depositions; how to explain the mediation process; and how to present a case for trial. 
 

SESSION 3 - Presentation B: Medical Device Sales Reps: A Threat in Your Product Liability Limits

• Speakers:

• Michael Bruyere, Self Employed

• John Livatino, Beazley

• Robert Wright, AmWINS

The Medical device and pharmaceutical insurance and litigation landscape is ever evolving. Risk managers, claims personnel,  attorneys,  underwriters and brokers all have a stake in staying informed.  Legislative and judicial action brings constant change, as does the actual structure of these businesses.   Each of the parties mentioned must take into account preemption, evolving legal doctrine, changes in technology as well as training of employees and the doctors that prescribe and use devices and pharmaceuticals.  Complicating matters is the fluid insurance marketplace, where increased access to real time information about legal and claims trends can impact the ability of an underwriter to craft or to continue providing coverage.    By staying informed and engaging the appropriate people to oversee risk, insurers, brokers and insurance buyers can make the best enterprise oriented decisions about managing these exposures.   

SESSION 3 - Presentation C: But You Said You Knew What You Were Doing

• Speakers:

• Matthew Brady, Eaton Corporation

• Heather Devine, Isaacs & Co.

• Asuama Yeboah, Myers Lawn & Garden

• Eric Zalud, Benesch Friedlander Coplan & Aronoff LLP

The Learned Intermediary and Sophisticated User Doctrines are pervasive throughout North American product liability litigation. They are defenses that can be used in all types of product liability actions, including medical device, industrial and consumer product litigation. They also provide a pragmatic negotiating point during the pre-litigation claims process, if used appropriately and authoritatively. This panel will highlight recent case law relating to those doctrines and also discuss pragmatic litigation lessons to be learned from the recent case law, including litigation and claims strategies related to the assertions of these defenses, and pointers on developing them early on in the claims process, and if litigation arises, through discovery, summary judgment briefing and trial. The panel will also highlight the top ten cross border defenses to product liability actions in Canada, including these and other defenses, to prevent claims, and litigation, from spreading.
 

Networking Lunch