DTCI: 2021 DTCI ANNUAL CONFERENCE AGENDA

(12 hrs. CLE total)

Register online at www.dtci.org

THURSDAY, NOV. 18

8 a.m. Board of directors’ and annual meeting of the membership

9 a.m. Registration

Section breakouts

10-11:30 a.m.

Track 1: Health law (90 min.)

Demystifying EMR Audit Trails: Interpreting the Metadata and Its Potential Impact on Litigation

Review of the fundamental concepts of database management and data storage within an EMR; what must be included in an audit trail; which software and devices can produce audit trails; audit trails vs. access logs; basic interpretation of Epic and Cerner audit trails using mock files; and more!

Saira Pasha, Medical Malpractice Claim Consultants LLC

Track 2: Employment law (60 min.)

Panel Discussion on COVID-19

COVID-related panel discussion from the perspectives of “expert” employment law and health law lawyers.

Catherine Burgett, Frost Brown Todd (Columbus, Ohio); Chad Eckhardt, Frost Brown Todd (Cincinnati); Adriana Figueroa, IU Health, human resources

Track 2: Worker’s compensation (30 min.)

COVID and Remote Workplace Injuries

How to defend alleged work related COVID-19 claims and claims presented by a more remote workplace.

Diana Wann, Jackson Kelly

11:40 a.m.-12:40 p.m.

Track 1: Insurance law (60 min.)

Policy Limits Demands

A discussion of a new bad faith setup that the plaintiff’s bar has been attempting related to policy limits demands.

Meghan Ruesch, Lewis Wagner

Track 2: Construction Law (60 min.)

More Than Pretty Pictures: Using Drones in Forensic Investigations

This presentation will provide several case studies where drones have been traditionally used and how drones and visualization software can be combined on projects to improve the investigation. A real-time demonstration will also be provided to show the capabilities of using a drone and visualization software for a livestreamed, multiparty inspection.

Chad Fischer vice president and principal, ESi

12:45-2:15 p.m. Lunch (90 min.)

Legislative UpdateState Senator Fady Qaddoura (Virtual)

2:20-3:20 p.m. (60 min.)

Track 1: Business Litigation

Challenging Laws and Regulations: How Businesses Can Use the Constitution to Avoid Burdensome Legislation

A discussion of the ways businesses can challenge new legislation or agency rules and regulations that they believe burden their businesses.

Josh Lowry, Paganelli Law Group

Track 2: Product Liability

Challenging Fire Expert Cause and Origin Opinions Under NFPA 921

Judicial treatment of Daubert challenges to fire expert cause and origin opinions and tips for challenging opposing experts’ methodology pursuant to NFPA 921.

Haley Johnston, Frost Brown Todd

3:30-5 p.m. (90 min.)

Trial Tactics

Around the World at Trial

Hang on for a fast-paced discussion of all things trial-related: stipulations/pre-admissions; Stanley v. Walker; mentorship and collaboration; technology; jury selection, federal vs. state practice; treating physician testimony; case selection; and client preparation.

Betsy Greene, Schultz & Greene; Patrick Murphy, State Farm Litigation Counsel; U.S. Magistrate Judge Matthew Brookman

6-8 p.m. Dinner and cocktail reception

8-10 p.m. Trivia social presented by the Young Lawyers Committee

FRIDAY. NOV. 19

7:45–8:45 a.m. Women in the Law Networking Breakfast (ticketed event)

9:00-10:00 a.m. (60 min.)

Roundtable Discussion: Mentorship in the Practice of Law: Perspectives from Mentors and Mentees

This roundtable will explore the important role mentorship plays in the practice of law and our daily lives, as well as the challenges and opportunities presented by a more virtual environment. Everything from depositions to second chair at trial will be discussed.

Rebecca Smith, section & committee liasion, Indiana State Bar Association; Jerry Huelat, Huelat & Mack; Jim Strenski, Paganelli Law Group; Angela M. Rinehart, Katz Korin Cunningham; Lucy Dollens, Quarles & Brady

10-11 a.m. (60 min.)

Pause Your Practice for More Powerful Results

Developing a more intentional practice, slowing down, getting calm and grounded in the moment while using the Rules of Professional Responsibility as a guide.

Kristine Camron, The Camron Legal Group and Owner kOMpose Yoga

11:10 a.m.-12:10 p.m. (60 min.)

Diversity and Inclusion Panel Discussion

A guide to mentoring young attorneys of color: Mentoring is an invaluable and necessary tool for professional development of young attorneys. This presentation will examine the unique needs and circumstances attendant to mentoring young attorneys of color in order to strengthen retention and promote inclusion.

Norris Cunningham, Katz Korin Cunningham; Ronald C. Gilbert III, Lewis Wagner

12:15-1:25 p.m. Lunch (60 min.)

The Trial Practice after COVID: Inside the Firm and Inside the Courtroom

Mike Weston, Lederer Weston Craig (DRI past president)

1:30-2:30 p.m. (60 min.)

Appeals on Wheels

Indiana Court of Appeals Traveling Oral ArgumentIndiana Repertory Theatre, Inc. v. Cincinnati Casualty Co., et al. Judge May, Judge Riley and Judge Weissmann, presiding

Synopsis: In March 2020, the Indiana Repertory Theatre Inc. temporarily ceased offering live performances at its theater in downtown Indianapolis due to the COVID-19 pandemic. Shortly after closing for the 2019-20 season, IRT filed a claim with its insurance company, The Cincinnati Casualty Company, for coverage under the terms of its building and personal property coverage. Cincinnati Casualty denied the claim, and IRT sued for performance under the insurance contract. After cross-motions for summary judgment, the trial court found that damages incurred by IRT due to the COVID-19 closure were not covered under its insurance policy with Cincinnati Casualty. IRT appeals, arguing the trial court erred in granting summary judgment in favor of Cincinnati Casualty because the terms “direct physical loss or damage” apply to the circumstances under which the claim was filed. Amici League of Resident Theatres Inc., Independent Colleges of Indiana and United Policyholders file briefs in support of IRT. Amici American Property Casualty Insurance Association, National Association of Mutual Insurance Companies and the Insurance Institute of Indiana file a brief in support of Cincinnati Casualty.

2:30-3:30 p.m. (60 min)

Ethics from the Court of Appeals Perspective

Court of Appeals Judge Melissa May

3:30 p.m. Adjourn