Schedule/Sessions

Breakfast & Keynote Speaker

SESSION 1 - Presentation A: Calling the Eyewitness- The Advantage of Being There

• Speakers:

• Lisa Dillard, Dave & Buster's

• Robert Squire, Resnick & Louis, P.C.

• Deborah Watson, Self Employed

Every day, in every courthouse in the country, eyewitnesses are called upon to testify. In civil cases, they may be involved in an auto accident, slip and fall, product liability or a construction disaster.  These eyewitnesses are also our clients, customers and patrons. Unfortunately, given the length of time cases may take to get before a jury, eyewitness testimony can be influenced by numerous factors resulting in a completely different version of events then what was previously known
.
The eyewitness in the civil context remains one of the most compelling witnesses. Not unlike criminal cases, eyewitnesses in civil matters are subject to the same influences which may result in testimony manifesting itself in different forms throughout the litigation process.  From a firecracker becoming a Molotov cocktail to the key eyewitness backing off from their statement, civil lawyers and claims professionals must be prepared to confront these types of issues when handling their cases. Changes in testimony can drastically, and instantly, affect the exposure of a claim.  Therefore the question arises just how reliable is eyewitness testimony in the civil context and how can one best protect your case and your eyewitness.

In order to best understand how to protect your claim, it is important to understand those influences which can affect eyewitness testimony. Over the past several decades, the phenomenon of the eyewitness, in both criminal and civil context, has been studied extensively. Psychologists have determined that an eyewitness is simply not taking a mental photograph of the event. It is a complex and delicate process of perception, storage, and retrieval, which is vulnerable at every stage. Factors such as stress can impede perception, memories can be changed by information inserted after the event, and that the mere form of questions put to witnesses can profoundly influence the answer.
 
This presentation will focus on these factors as well as what are the best practices from the company, claims handler, and lawyer perspective when confronting the eyewitness.

SESSION 1 - Presentation B: Navigating the Dangers of Spoliation of Evidence

• Speakers:

• Brian Cafritz, Kalbaugh Pfund & Messersmith PC

• Joshua Stein, Self Employed

A panel discussion to focus on when the duty to prevent the destruction of evidence arises and what steps a corporate defendant must go to in order to preserve it, as well as the various sanctions courts may impose if the duty is violated.  We will focus on the proper means of preserving evidence, whether, electronic, documents, or physical evidenced or machinery and the best practices for any physical or destructive testing.  Attention will be directed to when legal hold notices are required, how document retention policies are implemented, and their impact on protecting the defendant.  We will explore how positions taken pre-litigation and/or in discovery may impact or expose the client to spoliation sanctions, how interactions with the police, OSHA or other investigative agencies may compromise evidence. Finally, we will discuss notable cases in various jurisdictions to show examples of how courts different jurisdictions treat spoliation claims and handles claims of destruction of evidence.  The discussion will end by examining how different behavior by the parties may have resulted in different outcomes.
 

SESSION 1 - Presentation C: Chew on this: Foodborne Illnesses. Yum! All of the information you can Stomach!

• Speakers:

• Jaclyn Chapman, Brown & Brown Risk Solutions

• Jeff Cook, Rimkus Consulting Group, Inc.

• Matthew Nodier, Nodier Law

This session will cover how foodborne illnesses originate, an overview of the most common types of foodborne illness claims, and specific pre and post litigation handling techniques, including when an expert can assist in the defense of the claim.  A variety of entertaining actual foodborne illness claims will be used to educate the target audience providing a 360 degree approach covering prevention, origination, initial communication with the alleged victim, building a defense, and determining when and what type of expert can assist you.
 

Break

SESSION 2 - Presentation A: How To Avoid Letting Small Details Become Big Problems In Your Premises Liability Case

• Speakers:

• Rich Lenkov, Downey & Lenkov LLC

• Renee Ramirez, American Airlines

• Jeffrey Strege, Sysco Corporation

• David Vasterling, Marsh

It is easy to assume that your premises liability case turns on the “big” issues, like liability and damages. However, the truth is that these high exposure cases can often turn on the very smallest details.

This presentation will discuss some of these common details. Most importantly it will give you practical, real world tips on how to avoid these issues from occurring and resolving them once they do appear.
 

SESSION 2 - Presentation B: Using Electronic Investigations Safely and Effectively: The Important Line Between Public & Private Data

• Speakers:

• Brent Hill, BITCO Insurance Companies

• Aaron Speer, Mayer LLP

• Bill Venegoni, The Law Offices of James Stanton, LLP

This discussion will focus on the important line between public and private data during electronic investigations of claimants and employees given increasing regulation of access to individuals’ private electronic data.  This will include lesser-known considerations that arise when individuals may have an expectation of privacy in the electronic data at issue, such as password-protected social media and Internet-based email accounts, or personal data maintained on employer-provided electronic devices.  Informative for claims handlers and employers alike, it will include an overview of applicable data privacy laws to consider (such as the Stored Communications Act, the Computer Fraud and Abuse Act, and the Wiretap Act); potential claims and insurance coverage issues that may arise from access to private data; and proposed best practices for conducting legally compliant electronic investigations.  The target audience should include RRH industry companies from both a general liability and employment perspective; insurers; and claims handlers/investigators who rely on electronic resources for claims defense.

 

SESSION 2 - Presentation C: Winning Defense Litigation Strategies and Perspectives

• Speakers:

• Mollie Hines, Oldcastle BuildingEnvelope, Inc.

• Jeffrey M. Lenkov, Manning & Kass, Ellrod, Ramirez, Trester LLP

• Cindy Poortinga, Hiscox

This seminar is designed for anyone who handles claims, whether it be as a supervisor, claims representative or a law firm.  We will provide valuable insight and key techniques that will make an immediate difference in defending cases.  The primary focus of this seminar is both pre-suit and suit techniques to avoid lengthy litigation and/or to help reach an expeditious resolution of the claim.
 

Break

SESSION 3 - Presentation A: Protecting Against the Unexpected: How to Defend Claims Resulting from Criminal Activity

• Speakers:

• Carol Alberto, Engle Martin

• Blake Miller, Texas Rangers

• John Rayder, RadioShack Corporation

• Cathleen Rebar, Rebar Kelly

Risk Managers, Claims Professionals and Attorneys handling litigation arising in the Retail, Restaurant and Hospitality Industries are all too familiar with claims involving injuries stemming from alleged criminal activity.  This presentation will provide a road map to avoiding litigation arising from criminal activity and defending it.  We will explore the importance of performing a security assessment, providing training and education to staff, having processes and procedures for reporting and documenting incidents, and in understanding the application of the legal duty to the alleged facts. The program will also focus on establishing a particularized defense for claims in litigation.  Participants will walk away from the presentation with a firm understanding of the legal obligations owed by the Retail, Restaurant and Hospitality Industry to the public and how to best avoid claims from occurring and once brought, how to wage a proper defense.
 

SESSION 3 - Presentation B: Welcome to the Twitterverse: Rules, Strategies and Advice Regarding Social Media Use by Prospective, Current and Past Employees

• Speakers:

• Kelly Charles-Collins, Smoak, Chistolini & Barnett, PLLC

• Melanie R. Cheairs, Lorance Thompson, P.C.

• Stephanie Wood, Oswald Companies

The Hospitality Industry is part of the social media revolution, and not just in the way its Members do their marketing. Their employees are the Twitterati, or they are engaged in some other form of social media. This panel will discuss recent NLRB and Court decisions and offer practical advice about the do’s and don’ts for employers in dealing with their prospective and current employees’ use of social media. The panel will also cover pre-litigation and litigation strategies for using social media in dealing with claims from disgruntled former employees.
 

SESSION 3 - Presentation C: The Emerging Trends in Slip and Fall Jurisprudence

• Speakers:

• Kay Anderson, Self Employed

• Francine Giugno, Kelley Kronenberg

• Julie Price, CAVA + Zoe’s Kitchen Restaurants

• Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP

Are you an attorney who defends premises owners against slip and falls or are you an adjuster evaluating slip and fall claims before they are sent to outside counsel?  This presentation will provide a road map and explore the emerging jurisprudence of various states and provide the best practices for defending premises liability slip and fall accidents.  This presentation will also provide various methods of investigation the accidents, preserving the evidence as well as collecting other information necessary to the defense of these claims in the context of reported cases.  Different scenarios based on emerging trends will be presented.
 

Networking Lunch