WHAT YOU WILL LEARN. This seminar brochure is sponsored by

DRI’s first Professional Liability Seminar in more than 10 years seeks to become the preeminent seminar addressing the broad swath of professional li...
Author: Norman Warren
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DRI’s first Professional Liability Seminar in more than 10 years seeks to become the preeminent seminar addressing the broad swath of professional liability claims. Recognizing that professional liability claims include those against lawyers and accountants, as well as those against information technology specialists and real estate appraisers, DRI has brought together some of the industry’s most recognized and respected leaders to discuss the effective defense of all professionals.



Program Schedule

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General Information

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Faculty Biographies

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Seminar Sponsors

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2011/2012 Seminar Schedule

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Membership Application

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Registration Form

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WHAT YOU WILL LEARN

n How to defend against new and emerging theories of liability against professionals

Daniel B. Meyer

Frances M. O’Meara

Program Chair

Program Vice Chair

n How best to manage peculiarities of professional liability claims, such as burning limits policies and concurrent proceedings

The importance of engagement and disengagement letters and how to utilize them in defending the professional n

Matthew S. Marrone Mark A. Solheim Committee Chair

Law Institute

Presented by DRI’s Professional Liability Committee

How to defend professionals in the face of growing claims arising from the use of social media and claims from data losses n

n How the real estate market has affected obvious and not so obvious professionals, and the means to defend against claims arising from real estate transactions n Tactics and strategies for defending all types of professionals

This seminar brochure is sponsored by

December 15–16, 2011

PROGRAM SCHEDULE WEDNESDAY, DECEMBER 14, 2011 6:00 p.m. Registration 6:00 p.m. Networking Reception Sponsored by Boehl Stopher & Graves LLP Moser & Marsalek PC THURSDAY, DECEMBER 15, 2011 7:00 a.m. Registration 7:00 a.m. Continental Breakfast 8:00 a.m.

Welcome and Introduction Mark A. Solheim, Larson King LLP, St. Paul, Minnesota Matthew S. Marrone, Lucas and Cavalier LLC , Philadelphia, Pennsylvania Daniel B. Meyer, O’Hagan Spencer LLC , Chicago, Illinois

8:15 a.m. Professional Liability and the Restatement of the Law: What Is It Restating? The Restatement of the Law appears to be making inroads into professional liability law, with potentially adverse consequences for the defense of the various professions. This session will discuss whether relevant provisions of the Restatement comport with professional liability law as we generally understand it, and will focus on areas of concern where the Restatement may be broadening the theories of liability and damages available to plaintiffs in claims against professionals. Matthew W. Breetz, Stites & Harbison PLLC , Louisville, Kentucky 9:10 a.m. Making Order Out of Chaos Professional liability policies have provisions that make them unique in the industry, including burning limits, consent provisions and “hammer” clauses. When Cumis/Peppers counsel get involved, things can become even more complicated. Who controls the defense? What should the insured client be told? Who should do the telling? When should these decisions be made? Our distinguished panel of chaos managers will guide you through the maze of practical and ethical issues that arise in these situations

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and explore ways to protect the insurer, the attorneys and the insured clients. David L. Brandon, Morris Polich & Purdy LLP, Los Angeles, California Mark E. Cohen, Zelle, McDonough & Cohen LLP, Boston, Massachusetts Shauna Reeder, CNA Global Specialty Lines , New York, New York 10:00 a.m. Refreshment Break Sponsored by Hawkins Parnell Thackston & Young LLP 10:15 a.m. Double Your Fun: Managing the Professional Malpractice Claim That Proceeds Simultaneously with the Underlying Dispute Lawyers who defend professionals are accustomed to focusing on “the case within the case.” When the underlying matter proceeds simultaneously with the malpractice claim, interesting issues can arise. Under what circumstances should you take sides? When should consideration be given to “dropping down” and defending the underlying matter? And under what circumstances, if any, can the professional’s former client assign the malpractice claim to the underlying plaintiff? Mr. Harwood will provide guidance on these and other considerations inherent in this unique scenario. Jonathan R. Harwood, Traub Lieberman Straus & Shrewsbury LLP, Hawthorne, New York 11:10 a.m. Representing the Boomers Without an Explosion: Avoiding Claims of Elder Abuse As the nation ages, professionals encounter more and more elderly clients. What are the unique pitfalls associated with representing aging clients? What additional fiduciary obligations are imposed when representing these individuals? What obligations does a professional have to report suspected elder abuse, and how does that interplay with other ethical obligations? This panel of experts will discuss the many unique aspects of representing the aging baby boomer generation and will provide practical advice to guide the practitioner in mitigating any associated risks. Michele M. Molinelli, Brown & Brown Inc./ Lawyer’s Protector Plan , Tampa, Florida Frances M. O’Meara, Kaufman Dolowich Voluck & Gonzo LLP, Los Angeles, California 12:00 p.m. Lunch (on your own)

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Professional Liability Seminar

1:15 p.m.

A Mortician, a Surveyor and a Home Inspector Walk into a Bar: Common Issues in the Defense of Miscellaneous Professional Liability Claims In addition to the “traditional” professions, many others face claims for purported errors and omissions. This panel of industry leaders will examine some of the emerging issues regarding claims against “miscellaneous” professionals as diverse as auctioneers, agricultural consultants, court reporters, clergy, computer consultants, employment agencies, property managers and technical writers. They will highlight how underwriters and agents address a soft market cycle and how the so-called miscellaneous professions can mitigate their exposure through proactive risk management and education. Christopher Alfieri, Navigators Pro , New York, New York Angelo J. Gioia, AgentsofAmerica.org , Las Vegas, Nevada Gene Mason, Endurance U.S. Specialty Services , Stamford, Connecticut Gerald T. Merritt, Hanover Insurance Group Inc. , Chicago, Illinois

2:05 p.m. Professional Negligence—Or Is It More Than Just That? In the majority of professional liability cases, claims are founded upon common law principles of negligence. However, we increasingly find ourselves defending professionals against theories based upon legislative enactments, the professionals’ own contractual undertakings, claims of fiduciary status, or rules of ethics and conduct imposed upon the professions. This session will explore the concepts underlying many different duties and theories of liability asserted against professional classes and offer practical advice for defending against those theories. Kelly Doherty-Schaffner, Allied World Assurance Company Ltd. , Farmington, Connecticut Matthew S. Marrone, Lucas and Cavalier LLC , Philadelphia, Pennsylvania 3:00 p.m. Refreshment Break Sponsored by Larson King LLP

3:15 p.m. Why Didn’t You Stop the Bleeding? What exactly is “deepening insolvency”? Is it an independent cause of action, a theory of damages, or neither? Mr. Bruck will overview how different courts have analyzed this concept and will specifically examine how it has been applied in actions against accountants, auditors, lawyers and financial advisors. Michael C. Bruck, Williams Montgomery & John Ltd. , Chicago, Illinois 4:10 p.m. To Engage and Disengage The engagement letter sets the tone of the professional’s relationship with his or her client. It may seek to limit the scope of that relationship and the professional’s consequential duties and may even attempt to control future events should a dispute arise. The disengagement letter is no less important, as it terminates that relationship. Listen in as Ms. Noble highlights the practical consequences of these writings and how they affect the defense of the professional. Kim Noble, OneBeacon Professional Insurance , Chicago, Illinois 5:00 p.m. Professional Liability Committee Meeting (open to all) 6:00 p.m. Networking Reception 7:30 p.m. Dine-Arounds Join colleagues and friends at selected restaurants for dinner (on your own). More details on-site. FRIDAY, DECEMBER 16, 2011 7:00 a.m. Registration 7:00 a.m. Continental Breakfast 8:00 a.m. Announcements Daniel B. Meyer, O’Hagan Spencer LLC , Chicago, Illinois 8:05 a.m. Buyer’s Remorse: The Plight of the Real Estate Professional The impact of the collapse of the real estate market in the latter part of the last decade is still being examined, but one thing is certain: real estate agents, attorneys, notaries, title insurance companies and their

December 15–16, 2011

agents, appraisers and other professionals face increasing risk of claims arising from real estate transactions. Mr. Boyette and Mr. Christensen will discuss theories of liability and damages and available defenses to claims, and will guide professionals regarding the use of risk management tools unique to the real estate arena. Richard T. Boyette, Cranfill Sumner & Hartzog LLP, Raleigh, North Carolina Peter T. Christensen, LIA Administrators & Insurance Services, Santa Barbara, California 9:05 a.m. I’m Not Your Friend Any More! The Use and Misuse of Social Media Social media, such as Facebook, MySpace, LinkedIn and Twitter, pervade every facet of American society. Nevertheless, many professionals remain blissfully unaware of the potential pitfalls these new media applications present. What exposure do professionals face when they use social media to advertise their services, extemporize on aspects of their profession or as a source of discovery material in litigation? Discussion will include some recent and controversial applications of established law to social media usage. The speakers will try to predict where the courts may ultimately come down on others. Jennifer Birnbaum, Hartford Financial Products , New York, New York Statton Hammock, Network Solutions , Herndon, Virginia Shari Claire Lewis, Rivkin Radler LLP, Uniondale, New York 10:00 a.m. Refreshment Break 10:15 a.m. Data Run Amok It’s a plain fact—just as the acquisition, use and storage of personally identifiable information by professionals has grown, so has the epidemic of theft and abuse of that information. Mr. Dodell will explore the legal and ethical sources of professionals’ duties to protect their clients’ data and, under some circumstances, the data of their nonclients. He will also look at the various statutory and tort theories that have been advanced to recover against professionals when personally identifiable data escapes, and the status of those efforts by the plaintiffs’ bar. Leib Dodell, ThinkRisk Underwriting Agency LLC , Kansas City, Missouri

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11:00 a.m. What? Who Are You? And What Are You Doing Here? When we think of malpractice, we think most often of defending the professional against claims being made by his or her client. But more and more, professionals are finding themselves on the receiving end of claims initiated by strangers to the professional-client relationship. Mr. Betke will lead you down the path of claims, such as conspiracy, defamation, malicious prosecution and tortuous interference, and walk you toward tried and true defenses. Christopher G. Betke, Coughlin Betke LLP, Boston, Massachusetts 11:45 a.m. Avoiding and Defending Professional Liability Claims in Bankruptcy Court Professional liability claims are on the rise within bankruptcy courts and can involve an array of issues, including traditional malpractice claims, claims by third parties, fiduciary claims and fraud. Given the unique jurisdiction afforded to bankruptcies, defending professional liability claims presents unique challenges. This session will identify how claims against professionals are presented in bankruptcy court, ways to reduce exposure to such claims and strategies for defending them once presented. Joseph E. Vaughan, Pietragallo Gordon Alfano Bosick & Raspanti LLP, Philadelphia, Pennsylvania 12:30 p.m. Blowing the Whistle on Yourself: Ethical Guidance for Addressing One’s Own Legal Malpractice An attorney who realizes that he or she might have committed malpractice while still representing a client is placed in a highly uncomfortable position, replete with ethical quandaries. Once the sinking feeling subsides, what are the attorney’s ethical duties and client obligations? An accomplished writer and orator in the field of ethics will address those duties and obligations and provide guidance concerning the challenging issues that arise, including when and how to notify the client, whether or when it is appropriate to continue or terminate the representation, and how to disclose conflicts of interest between counsel and client. Gawain Charlton-Perrin, CNA Global Specialty Lines , Chicago, Illinois 1:30 p.m. Adjourn

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Professional Liability Seminar

G E N E R A L I N F O R M AT I O N CLE ACCREDITATION This seminar has been approved for MCLE credit by the State Bar of California in the amount of 12 hours, including 1 hour of ethics credit. Accreditation has been requested from every state with mandatory continuing legal education (CLE) requirements. Certificates of attendance will be provided to each attendee. Attendees are responsible for obtaining CLE credits from their respective states. Credit availability and requirements vary from state to state; please check our website at www.dri.org for credit information for your state. REGISTRATION The registration fee is $745 for members and those who join DRI when registering and $975 for nonmembers. The registration fee includes CD-ROM course materials, continental breakfasts, refreshment breaks and networking receptions. If you wish to have your name appear on the registration list distributed at the conference and receive the course materials in advance, DRI must receive your registration by November 25, 2011 (please allow 10 days for processing). Registrations received after November 25, 2011, will be processed on-site.

less a $50 processing fee. Cancellations made after December 2 will not receive a refund, but the course materials on CD-ROM and a $100 certificate good for any DRI seminar within the next 12 months will be issued. All cancellations and requests for refunds must be made in writing. Fax to DRI’s Accounting Department at 312.795.0747. All refunds will be mailed within four weeks after the date of the conference. Substitutions may be made at any time without charge and must be submitted in writing. COURSE MATERIALS DRI will email a link to download the course materials to all registrants two weeks in advance of the seminar. The CD will be included in the registration packet on-site. You can order additional copies by checking the appropriate box on the registration form on the back of this brochure or ordering online at www.dri.org. SUPPLEMENTAL MATERIALS Recommended supplemental material for this seminar is The Daubert Compendium (2011). Order your copy by checking the appropriate box on the registration form on the back of this brochure. You can also view the entire list of DRI publications offerings and make purchases online at www.dri.org.

IN-HOUSE COUNSEL In-house counsel are eligible for free registration to DRI seminars. In-house counsel are defined as licensed attorneys, who are employed exclusively by a corporation or other private sector organization, for the purpose of providing legal representation and counsel only to that corporation, its affiliates and subsidiaries. In order to qualify for free registration, the individual must also be a DRI member and a member of DRI’s Corporate Counsel Committee. Offer excludes DRI Annual Meeting.

HOTEL ACCOMMODATIONS A limited number of discounted hotel rooms have been made available at the Sheraton New York Hotel & Towers, 811 7th Avenue on 53rd Street, New York, New York 10019. For reservations, contact the hotel directly at 212.581.1000. Please mention the DRI Seminar to take advantage of the group rate of $399 Single/Double. The hotel block is limited and rooms and rates are available on a first-come, first-served basis. You must make reservations by November 15, 2011, to be eligible for the group rate. Requests for reservations made after November 15 are subject to room and rate availability.

SPECIAL DISCOUNTS The first and second registrations from the same firm or company are subject to the fees outlined above. The registration fee for additional registrants from the same firm or company is $695, regardless of membership status. All registrations must be received at the same time to receive the discount.

TRAVEL DISCOUNTS DRI offers discounted meeting fares on various major air carriers for DRI’s Professional Liability Seminar attendees. To receive these discounts, please contact Hobson Travel Ltd., DRI’s official travel provider, at 800.538.7464. As always, to obtain the lowest available fares, early booking is recommended.

REFUND POLICY The registration fee is fully refundable for cancellations received on or before November 25, 2011. Cancellations received after November 25 and on or before December 2, 2011, will receive a refund,

The taping or recording of DRI seminars is prohibited without the written permission of DRI. Speakers and times may be subject to last-minute changes. DRI policy provides there will be no group functions sponsored by others in connection with its seminars.

December 15–16, 2011

FAC U LT Y Christopher Alfieri is senior vice president of Navigators Pro’s Open Brokerage Division in New York City, overseeing MPL, accountants, technology E&O and cyber liability products. He began his career as a professional liability underwriter with National Union and then the Home Insurance Company. Mr. Alfieri later served as assistant vice president with CNA Pro, vice president with Kemper Insurance Company and vice president of XL, overseeing professional liability books of business. He has been with Navigators Pro since November 2008. Christopher G. Betke is a partner of Coughlin Betke LLP in Boston. Since beginning his practice in 1988, he has represented nonmedical professionals, including attorneys, architects, engineers, accountants, real estate brokers and insurance professionals. Mr. Betke has been involved in several high-profile professional liability cases defending lawyers and design professionals, and frequently speaks on professional liability issues. He is a member of the steering committee of DRI’s Professional Liability Committee and is the chair of the Massachusetts Defense Lawyers Association Professional Liability Committee. Jennifer Birnbaum is a claims consultant at Hartford Financial Products in New York City, focusing on miscellaneous professional liability matters. She has concentrated on the case management and development of Hartford’s cyber and data privacy liability programs. Prior to joining the Hartford, Ms. Birnbaum was an associate in a law firm with national and international clients, focusing on insurance coverage matters, particularly in the areas of employers’ professional liability, directors and officers, and errors and omissions. Richard T. Boyette is a partner in the Raleigh, North Carolina, office of Cranfill Sumner & Hartzog LLP. His practice focuses on professional and product liability defense, commercial litigation and real estate development related transactions. A certified mediator, Mr. Boyette has conducted approximately 1,400 mediations in a broad range of subject matters. He served as the 2004–2005 president of DRI, and he currently serves as chair of the board of the National Foundation for Judicial Excellence. David L. Brandon is a partner with Morris Polich & Purdy LLP, which has offices in Los Angeles, San Francisco, San Diego, Irvine and Las Vegas. Mr. Brandon represents clients in the areas of professional liability defense, commercial litigation and appeals. He is the vice chair of

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programming for DRI’s Professional Liability Committee, serves on the Los Angeles County Bar Association ethics committee and is an adjunct professor of law at Loyola Law School. Matthew W. Breetz, a member of Stites & Harbison PLLC in Louisville, Kentucky, heads his firm’s ethics committee and chairs Stites’ professional liability practice team. A primary focus of his practice is the defense of a variety of professionals in malpractice claims throughout the Southeast. Mr. Breetz is the former chair of DRI’s Professional Liability Committee, the former president of the Kentucky Defense Counsel, and a member of the Professional Liability Underwriting Society (PLUS). He frequently speaks on topics related to professional liability and ethics for lawyers. Michael C. Bruck is a partner with Williams Montgomery & John Ltd. in Chicago. He focuses his practice on complex commercial disputes and professional and financial malpractice, and has successfully resolved hundreds of lawsuits involving claims of legal malpractice, accountants’ malpractice, agents’ and brokers’ errors and omissions, and a variety of other financial malpractice claims. In addition to being a member of the steering committee of DRI’s Professional Liability Committee, he is a member of PLUS and the Illinois Association of Defense Trial Counsel. Gawain Charlton-Perrin is a risk control consulting director for CNA’s Lawyers Professional Liability Insurance Program in Chicago. He previously handled claims against lawyers at CNA. Mr. Charlton-Perrin is responsible for the design and content of CNA Lawyers’ risk control services, regularly providing practicing lawyers throughout the country with risk control and consulting services. He also frequently writes about law firm risk control and professional responsibility. Prior to joining CNA Global Specialty Lines, Mr. Charlton-Perrin prosecuted attorneys for the Illinois Attorney Registration & Disciplinary Commission. Peter T. Christensen is general counsel of LIA Administrators & Insurance Services in Santa Barbara, California. As general counsel, Mr. Christensen monitors the claims, lawsuits and disciplinary matters affecting LIA’s insureds in the mortgage service and valuation industries, including appraisers, brokers, consulting firms and management companies. He also investigates and researches emerging legal issues relating to these fields and maintains LIA’s loss prevention services. Prior to joining LIA, he was a litigator with two large law firms based in Southern California.

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Professional Liability Seminar

Mark E. Cohen is a partner with Zelle McDonough & Cohen LLP, which has offices in Boston, Massachusetts, and White Plains, New York. His practice is devoted exclusively to coverage issues and extra-contractual liability matters, with an emphasis on professional liability policies. Mr. Cohen has been involved in thousands of professional liability coverage matters, in every American jurisdiction and numerous foreign countries. He is currently the chair of the Professional Liability Subcommittee of DRI’s Insurance Law Committee. Leib Dodell is cofounder and CEO of ThinkRisk Underwriting Agency LLC in Kansas City, Missouri, a specialty professional liability underwriter that focuses on the converging areas of media, advertising, technology and data security. From 2004 through 2009, Mr. Dodell was president of Media/Professional Insurance, a leading global underwriter of specialty errors and omissions insurance. He has extensive industry experience in the fields of media liability, cyber-liability, and intellectual property risk. He is a frequent speaker on these and other professional liability topics. Kelly Doherty-Schaffner is vice president of professional and management liability claims at Allied World Assurance Company Ltd. in Farmington, Connecticut. She oversees the handling of claims under the company’s public, private and nonprofit D&O policies. Ms. DohertySchaffner is also responsible for managing the claims under the company’s E&O policies, including lawyers, insurance agents, technology, media, governmental and miscellaneous professional liability policies. Prior to this role, she served as assistant vice president, managing the public D&O and E&O claims teams.

security. Mr. Hammock has been with Network Solutions for five years, having previously served as assistant general counsel to LCC International Inc. Jonathan R. Harwood is a partner with Traub Lieberman Straus & Shrewsbury LLP in its Hawthorne, New York, office. His primary area of practice is defending professionals in malpractice claims, with a focus on representing attorneys, insurance agents, brokers and financial professionals. Mr. Harwood also represents insurers in coverage disputes arising out of errors and omissions policies and directors’ and officers’ policies. He is a member of DRI, the Professional Liability Underwriters Society and the ABA. Shari Claire Lewis, a partner with Rivkin Radler LLP in Uniondale, New York, practices at the intersection of law and technology. She concentrates in professional liability, product liability and computer law and represents a variety of professionals in diverse litigation, such as lawyers, appraisers, software designers and funeral directors. With particular expertise in technology law issues, Ms. Lewis represents entities at the cutting edge of twenty-first century technology. She has a regular column on Internet and social media law for the New York Law Journal. Matthew S. Marrone is a partner with Lucas and Cavalier LLC in Philadelphia, where he represents his clients in wide-ranging and complex litigation throughout Pennsylvania and New Jersey. In large part, he defends lawyers, insurance agents and many other professional classes against malpractice claims. Mr. Marrone has lectured and written extensively for various industry groups and publications. A longtime member of DRI’s Professional Liability Committee, he currently serves as chair.

Angelo J. Gioia created AgentsofAmerica.org in 2007, an insurance agents’ association and indispensable resource for news, products, services, education and industry information throughout America. He has accumulated more than 40 years of experience and accomplishments in the insurance industry. Mr. Gioia is well known in the industry and is a recognized expert in the area of professional liability. In 1987, he founded the Professional Liability Underwriting Society (PLUS), a nonprofit organization that has become one of the largest professional insurance organizations in the world.

Gene Mason is senior vice president and professional liability leader with Endurance U.S. Specialty Services in Stamford, Connecticut. Mr. Mason is the senior underwriting officer for wholesale produced E&O, D&O and EPLI products. Prior to joining Endurance, he was the professional liability leader for Facultative Resources Inc., a W.R. Berkley Company; a senior underwriter at AIG National Union; and he also spent six years at GE Employers Reinsurance Company. Mr. Mason is a frequent speaker and author concerning professional liability issues.

Statton Hammock is the senior director of law, policy and business affairs at Network Solutions in Herndon, Virginia. He provides legal and strategic business advice related to intellectual property rights, social media, advertising and online marketing, commercial transactions, litigation management, and ICANN mandated policies concerning domain name registration, Internet governance and DNS

Gerald T. Merritt is the president of the Hanover Insurance Group Inc. in Chicago. Before joining Hanover, he spent over 16 years with CNA as underwriting head of the business unit responsible for accountants and lawyers professional liability lines of business. During his tenure at CNA, Mr. Merritt rose through the ranks from claims counsel, senior underwriter, director, assistant vice

December 15–16, 2011

president and finally, vice president. Prior to CNA, he was the managing partner for a boutique insurance defense law firm in New York. Daniel B. Meyer is a partner at O’Hagan Spencer LLC in Chicago. He represents professionals in malpractice claims and before administrative agencies, and corporate boards in director and officer litigation, with an emphasis on representing lawyers, insurance producers and condominium and homeowner associations. Mr. Meyer is the vice chair of DRI’s Professional Liability Committee and program chair for this seminar. He is a member of PLUS, the Association of Professional Responsibility Lawyers, the Chicago Bar Association and the Illinois State Bar Association, and speaks and writes frequently on defense and risk management principles affecting professionals. Michele M. Molinelli is assistant vice president of claims at Brown & Brown Inc. (Lawyer’s Protector Plan), a national legal malpractice insurance program whose carrier is Navigators Insurance Company. Prior to joining Lawyer’s Protector Plan in August 2000, Ms. Molinelli attained the rank of Major in the U.S. Army Judge Advocate General’s Corps, where she served as the chief of justice and a special assistant United States Attorney at Fort Meade, Maryland, and as a senior defense counsel at Fort Bragg, North Carolina. Kim Noble is senior vice president of OneBeacon Professional Insurance in Chicago. In private practice, she specialized in professional liability and employment practices litigation. Later, Ms. Noble joined St. Paul as underwriting director for products relating to lawyers and law firms, and then GE Westport as its chief underwriting officer for lawyers’ professional liability. She holds Chartered Property Casualty Underwriter and Registered Professional Liability Underwriter designations, and is an active member of the PLUS, the ABA and DRI’s Professional Liability Committee. Frances M. O’Meara is a partner at Kaufman Dolowich Voluck & Gonzo LLP in Los Angeles. She concentrates in defending attorneys, accountants, architects, insurance agents, real estate brokers and appraisers. Ms. O’Meara serves on the steering committee of DRI’s Professional Liability Committee and is a member of DRI’s Women in the Law Committee, California State Bar Association, ABA and PLUS. She is a fellow of the Litigation Counsel of America and a former board member of the Association of Southern California Defense Counsel. Shauna Reeder is an assistant vice president with CNA Global Specialty Lines in New York City, overseeing professional liability claims for large law firms, insurance

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agents and broker/dealers. Ms. Reeder has also handled large commercial directors’ and officers’ claims and financial institutions errors and omissions liability. Prior to joining CNA, she was with AIG, adjusting directors and officers, employment practices liability and toxic tort claims. Before joining the insurance industry, she worked for two New York area law firms and the New York City Law Department (Tort Division). Mark A. Solheim is a partner in Larson King LLP’s St. Paul, Minnesota, office. Mr. Solheim represents clients in complex litigation matters, including product liability, transportation, class actions, medical negligence, professional liability, insurance and commercial disputes. He has been chosen by his peers as a “Super Lawyer” in Minnesota Law & Politics and is included in the Best Lawyers in America . Mr. Solheim is a member of DRI’s Law Institute, the IADC, the Douglas K. Amdahl Inn of Court and the current president of the Minnesota Defense Lawyers Association. Joseph E. Vaughan is a partner and member of the employment practices, construction practices and risk management groups of Pietragallo Gordon Alfano Bosick & Raspanti LLP in Philadelphia. Mr. Vaughan focuses his practice on professional liability litigation, employment practices, risk management, construction practices and casualty litigation. He has extensive experience in representing and defending employers, insurance carriers, third-party administrators and self-insureds in these types of matters, as well as counseling various business organizations in risk assessment and employment practices.

SEMINAR SPONSORS DRI wishes to thank our sponsors for their support at this year’s seminar!

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Professional Liability Seminar

2011 SEMINAR SCHEDULE

September 15–16 September 15–16 September 22–23 September 22–23 October 26–30 November 10–11 November 17–18 December 15–16 December 15–16

Nursing Home/ALF Litigation Boston Marriott Copley Place , Boston, MA Strictly Automotive The Dearborn Inn, A Marriott Hotel, Dearborn, MI Construction Law JW Marriott Desert Ridge, Phoenix, AZ Strictly Hospitality FireSky Resort , Scottsdale, AZ Annual Meeting Washington Marriott Wardman Park , Washington, D.C. Asbestos Medicine Bellagio , Las Vegas, NV The Changing Landscape of International Litigation Gallery Hotel , Barcelona, Spain Insurance Coverage and Practice Sheraton New York Hotel & Towers , New York, NY Professional Liability Sheraton New York Hotel & Towers , New York, NY

DIVERSITY AND INCLUSION IN DRI: A STATEMENT OF PRINCIPLE

2012 SEMINAR SCHEDULE

February 1–3 February 9–10 February 16–17 February 23–24 March 7–9 March 14–16 March 15–16 March 28–30 April 11–13 April 25–27 May 2–4 May 10–11 May 17–18

Civil Rights and Governmental Tort Liability Eden Roc Renaissance , Miami Beach, FL Toxic Torts and Environmental Law Fontainebleau Miami , Miami Beach, FL Trucking Law The Westin Kierland , Phoenix, AZ Sharing Success—A Seminar for Women Lawyers The Westin Kierland , Phoenix, AZ Medical Liability and Health Care Law Hilton New Orleans Riverside , New Orleans, LA Trial Tactics Bally’s , Las Vegas, NV Rainmaking Bally’s , Las Vegas, NV Insurance Coverage and Claims Institute The Westin Michigan Avenue , Chicago, IL Product Liability Conference The Venetian , Las Vegas, NV Life, Health, Disability and ERISA Claims Swissôtel Chicago , Chicago, IL Employment Law Sheraton Chicago , Chicago, IL Drug and Medical Device New Orleans Hilton Riverside , New Orleans, LA Commercial Litigation Sheraton New York Hotel & Towers, New York, NY

DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation. Diversity is a core value at DRI. Indeed, diversity is fundamental to the success of the organization, and we seek out and embrace the innumerable benefits and contributions that the perspectives, backgrounds, cultures and life experiences a diverse membership provides. Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential leaders are often also members and leaders of other defense organizations. Accordingly, DRI encourages all national, state and local defense organizations to promote diversity and inclusion in their membership and leadership.

Join DRI now and register at the membership rate—a $230 Join DRI now D R and I Mregister E M B Eat R the S Hmembership I P A P Prate— L I Ca A $230 TIO

savings! savings! N

D R I M E M B E R S H I P A P P L I C AT I O N

This application/registration form for first-time members only—all other registrants please use reverse side. This application/registration form Attorney for first-time members only—all other registrants please use reverse side. MEMBER o Defense —$250 USD/year

CATEGORY o MEMBER o o CATEGORY o o o o Male o Female o o Male o Female FORMAL NAME



Government Attorney—$160 USD/year Defense Attorney—$250 USD/year Young Lawyer*—$130 USD/year (admitted to the Bar for five years or less) Government Attorney—$160 USD/year Law Student—$20 USD/year Young Lawyer*—$130 USD/year (admitted to the Bar for five years or less) Law Student—$20 USD/year





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NAME (as you would like it to appear on badge) COMPANY/FIRM/LAW SCHOOL COMPANY/FIRM/LAW SCHOOL ADDRESS ADDRESS CITY CITY STATE/PROVINCE











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TELEPHONE are attending FAX o Yes Is this the first time you this DRI seminar?

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First time admitted to the Bar in STATE/PROVINCE MONTH/DAY/YEAR BAR NUMBER (Law students include expected admission date.)

o In-house counsel (as defined below**) I am a member of a state or local defense organization. o Yes o No NAME OF ORGANIZATION PRIMARY AREA OF PRACTICE







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OPTIONAL DRI is committed to the principle of diversity in its membership and leadership. Accordingly, applicants are invited to indicate which one of the following may best describe them:

o African American o Native American

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To the extent that I engage in personal injury litigation, I DO NOT, for the most part, represent plaintiffs. I have read the above and hereby make application for individual membership. SIGNATURE











DATE (all applications must be signed and dated)

REGISTRATION/APPLICATION FEES SEMINAR REGISTRATION:

MEMBERSHIP (Check One):

o o o o o

$745 $500 FREE FREE $695

Member Government DRI Member Law Student DRI Member In-House Counsel*** Special Discount

o o o o

$250 $160 $130* $20

Defense Attorney Government Attorney Young Lawyer Law Student

** In-house counsel is defined as a licensed attorney who is employed exclusively by a corporation or other private sector organization for the purpose of providing legal representation and counsel only to that corporation, its affiliates and subsidiaries.

*** Must meet definition and also be a DRI member and a member of DRI’s Corporate Counsel Committee. Offer excludes DRI Annual Meeting.

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SUPPLEMENTAL MATERIALS

The Daubert Compendium (2011)

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DECEM BER 15–16, 2011

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