Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowDear Members:
A five-star lineup of speakers for this year’s Annual Conference has been assembled.
It has been my pleasure and honor to work with the DTCI section chairs in creating this program. We join with the rest of the DTCI leadership in hoping you take advantage of this opportunity to learn from experts, socialize with your colleagues and perhaps win a jackpot at the casino!
We hope to see you there on Nov. 17 and 18.
Scott B. Cockrum, conference chair
A partner in Lewis Brisbois and treasurer of DTCI for 2022
__________
AGENDA
THURSDAY, NOV. 17
8-9 a.m.: Board of directors meeting and annual meeting of the membership
10-11a.m.: Employment law
Employment-Related Issues with Remote Work Environments
Speakers: TBA
This segment will address trends in remote work, best practices for employers and employees, and the impact of remote work on discrimination/disparate impact and treatment, wage and hour, Americans with Disabilites Act, and worker’s compensation claims.
10-11:30 a.m.: Health care law
Panel discussion: Current Trends and Hot Topics in Medical Malpractice and Health Law Litigation
Moderator: Beth Behrens, Barnes & Thornburg
Ami T. Anderson, Lewis Brisbois
Edward Fujawa, deputy general counsel, Indiana Department of Insurance
Bobby Jean Avery-Kimball, Cline Law Group
Kurtis Marshall, Claims Specialist, Medical Protective
This presentation will include a discussion of Arrendale and Wilson and the ever-expanding apparent agency rules; Martinez and what constitutes medical malpractice in today’s world; application of the COVID-19 immunity statute; the expansion of mass torts in medical malpractice; and more!
10:30-11:30 a.m.: Worker’s compensation
Recent Changes to the Worker’s Compensation Act
Libby Valos Moss, Kightlinger & Gray
This session will examine the changes to the Worker’s Compensation Act included in House Enrolled Act 1153, which was signed into law on March 18.
11:40 a.m.-12:40 p.m.: Construction law
Common Residential Construction Defects and Best Practice Tips
Richard T. Kaczkowski, vice president, consulting services, CTL Group
Evan M. Norris, Drewry Simmons Vornehm
A primer on all aspects of construction and geared toward attorneys who may not have deep knowledge of construction practices. An introduction to the many building materials used in construction.
11:40 a.m.-12:40 p.m.: Insurance coverage
Advances in Forensic Investigation
Karla Petroskey, senior engineer, Explico
This course discusses the innovative tools and technology that are currently used in forensic engineering and forensic accident reconstruction, including black box data, photogrammetry, 3D scanning and headlight mapping. Examples and insights will be discussed through a series of case studies describing the function of the tools from inspection to trial.
12:45-2:15 p.m.: Lunch
Legislation Update (60 minutes). Speaker TBA
2:20-3:20 p.m.: Product liability
Defense Strategies for Failure-to-Warn Claims in Chemical Products Litigation
Julia K. Diebol, managing scientist, Human Factors Practice, Exponent Inc.
One of the most common claims in chemical product liability lawsuits is the “failure-to-warn” claim. The allegations range from failure of a chemical product packaging or safety data sheet to meet the regulatory requirements to the wording, format and explicitness of the warning messages provided by the manufacturer, supplier or distributor. This presentation is geared toward understanding the strategies used to address these claims from the consumer and industrial perspectives. Case studies will be discussed.
2:20-3:20 p.m.: Business litigation
Analysis Paralysis: Sifting through ESI during Litigation in Investigations
Ray Biederman, CEO, Proteus Discovery Group
The explosion in discoverable ESI in litigation and investigations isn’t just marketing fluff from eDiscovery vendors. Microsoft Teams went from 20 million users in 2019 to more than 110 million in 2021, and that does not include the increased use of email, texting, Slack, Zoom, SharePoint OneDrive and more. This presentation will discuss different types of ESI, as well as considerations for DIY solutions and partnering with a vendor.
3:30-5 p.m.: Trial tactics
Future Motion: Capturing Human Performance for Litigation
Charles A. Fox, senior director of technology services, Engineering Systems Inc.
How to employ creative animation and graphics in disputed liability cases to support a theory about how an event did (or did not) happen. Learn how to successfully educate judges, juries, mediators and adjusters by using visual analogies to simplify complex concepts, thus enhancing the range for settlement discussions and the chances for a favorable outcome. Real-world case study visualizations and live demonstrations will highlight the capabilities of this technology.
6-8 p.m.: Cocktail reception and dinner — Young Lawyer Service Project
FRIDAY, NOV. 18
7:30-9 a.m.: Women in the Law networking breakfast (ticketed event)
9-10 a.m.: The Interplay between Insurer and Counsel in Complex Claims
Sanjay Shivpuri, Markel Insurance
Eric Kizirian, Lewis Brisbois, Los Angeles
Christopher D. Lee, Dinsmore & Shohl
What happens when insurance gets involved in class actions, MDLs, toxics torts or other complex claims? How does defense counsel navigate the relationship between the corporate defendant, insurer(s) and counsel? Complex claims, including class actions and toxic torts, often involve a mix of client funds or control and insurance coverage. Multiple insurers may be involved. This panel will discuss those relationships and provide insight as to how defense counsel can navigate the relationship with the insurer(s) in defending pre-suit claims and litigation.
10-11 a.m. The Intersection of Law and Public Policy: The Impact on Defense Counsel and Their Clients
Moderator: Kyle Lansberry, Lewis Wagner
Amy Mass, The Hanover Insurance Group
Paul Blume, senior vice president, American Property Casualty Insurance Association
Join this high-powered panel as it addresses how current topics and policy issues are relevant to defense counsel and the clients they serve.
11:10 a.m.-12:10 p.m.: Tips from the Bench: Making Connections with Judges, Juries, and Witnesses
Moderator: Renee J. Mortimer, Lewis Brisbois
Judge Terry A. Crone, Court of Appeals of Indiana
Judge Elizabeth F. Tavitas, Court of Appeals of Indiana
Judge Rehana Adat-Lopez, Lake Superior Court
Judge Richard Stalbrink Jr., LaPorte Superior Court
Join this powerhouse panel of judges from the Court of Appeals of Indiana and northwest Indiana trial courts as they give advice on oral arguments and jury trials. With some courts still allowing remote attendance and arguments and other courts fully returning to in-person hearings and trials, it is perhaps more important than ever that lawyers consider ways to connect with the judges, juries and witnesses in
all settings.
12:15-1:25 p.m.: Lunch
Defending the Professional Liability Claim and Communicating with Professionals
Sarah Abrams, head of professional liability claims, Bowhead Specialty
Every client is different. Those differences are very clear when representing the professional liability defendant. An accountant may require very different information to evaluate and defend claims than a director in a D&O claim, an engineer or a lawyer. This industry professional will discuss the issues that arise in communicating with professional liability clients and carriers, and provide insight into how defense counsel can connect with the PL client.
1:30 p.m.: Appeals on Wheels
The Court of Appeals of Indiana will hear oral arguments on a pending case.
Case and participants TBA
2:30 p.m.: Is Your Practice Rated “R”? Ethics Dos and Don’ts
Michael E. Tolbert, Tolbert & Tolbert
Join 2020 Defense Lawyer of the Year and former Indiana State Bar Association president Michael Tolbert as he covers current trends and topics in ethics.
3:30 p.m.: Adjourn
Please enable JavaScript to view this content.