new look, new feel, new things · cap party” for libations and delectable desserts. on thursday...

New look, New feel, New thiNgs . . .Notice anything different? Yes, the Flyer is differ-ent. First of all, you can touch it because it was mailed to your home. We have decided to go back to printing and sending hard copies of the Flyer to make it easier to read in the convenience of your home. After all, the Flyer has always been intended to be a twice-a-year communica-tion to our Federation family. The more ways we can make it easier to read and share, the better.

By the way, for those who live on smart phones and tablets, and like to use monitors and printers, the Flyer is still available in electronic form. Second, the design of the Flyer is different. We have changed the look and the content. It is shorter and, hopefully, crisper, more infor-mative, and fun to read. But that’s only my opinion—yours is the one that counts. Let us know what you think—what you like or want to see changed. Contact me or our excellent Flyer Editor, Greg Witke. What else is new? Come to the Marco Island Marriott from March 2 - 8, 2014, and you will see. Elizabeth and Jeff Lorell are the Convention Chairs for that meeting, with Howard Merten serving as the Program Chair, and they are preparing a one-of-a-kind meet-ing. Read their columns in this Flyer to get a sense of the changes, but you have to come to Marco Island to get the full flavor. Our goal is to have a record number of corporate counsel attending and participat-ing in section and plenary programming. Marco Island is a magical place where the beaches are white, the water is clear, and the sun always shines. Come share in the magic. What about the new “FDCC CONNECT” roster app for iPhones and Android devices? It’s almost ready to launch. It will be a new and better way to connect with membership, making it easier to call and email members, or forward contact information to colleagues outside of the FDCC. Remember to go to the members-only section of the FDCC website to update your profile and join the substantive law sections that best match your practice. If you do not, you will not be found if someone searches for attorneys with your expertise. FDCC CONNECT is intended to promote the referral power of this elite organization. Go to the website and have a look. Corporate Counsel members should look first at the FDCC roster if they need attorneys to handle their work. If a Defense Counsel member has a client to refer, what better person to handle that client’s work than a fellow member of the “FDCC Family”—experienced, trustworthy, and proven to be an “above and beyond” attorney.

Timothy A. PrattPresident

A publication of the Federation of Defense & Corporate Counsel

Vol. 41, No. 1 | Fall 2013 | Gregory A. Witke, Editor

FDCC_in_the_news past_meetings officer_notes new_members

from_the_president upcoming_meetings FDCC_impact sister_organizations

if you caN make it there, you caN make it aNywhere! New York City! The Federation shows its bright light on a very big stage – Times Square. Our FDCC lead-ership, Tim Pratt, President; Vicki Roberts, President-Elect; Steve Farrar, Secretary- Trea-surer; and Ed Kaplan, Board Chair, looking great in their formal attire, recently graced a marquee spot on Times Square.

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New look, New feel, New thiNgs...

For all that is new, much remains the same. We con-tinue to deliver exceptional experiences and programming at our meetings—read the reports on the Annual Meeting at the Broadmoor, the Corporate Counsel Symposium, and the Insurance Industry Institute (I-3) in this Flyer. We continue to maintain excellent relationships with our sister organiza-tions—DRI, IADC, and ADTA—and are collaborating on a project with them relating to a model jury instruction on social media usage. Our amicus and public policy initia-tives are doing well—the FDCC submitted comments to the Committee on Rules of Practice and Procedure supporting important changes to the Federal Rules of Civil Procedure. Our substantive law section leaders are working hard and communicating with section members like never before. The

FDCC officers and the Board are paying atten-tion to emerging issues and maintaining our strong financial base. And they seem to be putting up with me. Thanks for the privilege of being president of this exceptional organization. I am proud and humbled.

— Tim Pratt President

What about social media? Please read Andy Downs’ article in this Flyer. The FDCC social media impact has been transformational. We are “liking,” “tweeting,” “friend-ing,’” and “Linking” like never before. Join the revolution. You will have fun and, along the way, learn a lot about the FDCC and the law. The FDCC can deliver even more mem-ber value if we collaborate and communicate through all of the available social media vehicles. Imagine this virtual network of FDCC members sharing real-time developments. You can now get our “Hot Cases” on Twitter—@FDCCHot-Cases. Our primary Twitter portal is @FDCCDefense. For people who are really bored, they can follow me— @FDCCPresident. Other new initiatives are proceeding well. The FDCC Committee of Five, chaired by Deb Kuchler, is looking at issues such as whether to change our numerical limits on Defense Counsel membership, the length and content of our Winter/Annual meetings, and how we con-duct long-term strategic planning. The 21st Century Practice of Law project, headed by Deb Varner, is staffed and looking at how our members can thrive in the changing dynamics in the practice of law. Our call for members to nominate “above and beyond” col-leagues for membership in the FDCC has generated an impressive group of candidates being considered by the Admissions Committee. Thanks to all of the FDCC members who are work-ing on these various initiatives.

for all that is new, much remains the

same. we continue to deliver exceptional

experiences and programming

at our meetings...

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Perfection! Imagine a place where beautiful white sandy beaches and sunny days meet the magic of warm star-lit nights. Your

Florida experience, perfected by the FDCC, begins in the Winter of 2014 as we return to the enchanting and blissful Marco Island. Whether you are thrill-seeking, or searching for fellow-ship, swimming, sunbathing, hearty laughter, or something to keep you and the kids entertained, you’ll find it with our “Ticket to Paradise.” Our spectacular accommodations at the luxurious Marco Island Marriott Beach Resort give a new meaning to the phrase “a room with a view.” Coined as a “personal island within an island paradise,” it is a world-class resort located on three miles of pristine, sandy beach with the turquoise waters of the Gulf of Mexico just steps away. On the largest of the Ten Thousand Islands, it made Conde’ Nast Trav-eler’s Gold List for 2013 as one of the World’s Best Places to Stay. This resort not only exemplifies paradise, but refines and redefines it. We understand that the definition of relaxation can be as diverse as our members. From soul-soothing to heart-pounding, you’ll find it all right here (and you may decide never to

leave the resort during your week’s stay). In fact, there is no better way to dine in Florida than by the sea and the Marriott offers the only beachfront restaurants on all of Marco Island. The resort also has first class shops right on its premises and the Marriott pools offer everything a tropical oasis should be. In March, average temperatures are in the 80’s during the days and, low 60’s at night. Activities during the week include a guided Waverunner excursion to the Mangrove Estuary,

hopping on an airboat tour through the Everglades, a fishing trip, and cruising along the coastal waters via catama-ran, kayak, and paddleboard. If you’re looking for added fun for the kids, take your little ones to Tiki Tribe Discovery Day Camp. Then, for a touch of luxury and privacy, and your own well-being, you owe it to yourself to experience

the award-winning health spa and terrace, with quiet private pool, sur-rounded by the gentle beaches and peaceful waters of the Gulf. For our golfers, the Marriott has two golf courses that are sure to make you smile. The Rookery blends a resort private course with the na-tive surroundings and is certified with Audubon International as a Coopera-tive Sanctuary. At more than 7,100 yards in length, the playing experi-ence includes five teeing locations,

immaculate turf condition, and spectacular greens. The course at Hammock Bay is a par 72 cham-pionship course with 18 distinctive holes. At 7,080 yards, - it’s the perfect tract for casual golfers. Back by popular demand, the Federation Foundation will hold its Silent Auction (so think of items you can donate to a great cause)! Our book club will feature Henriette Lazarides Power, whose

debut novel, “The Clover House,” was published by Ballentine Books in April of 2013 and was a Boston Globe best-seller. Ms. Power will en-tertain our group with lessons learned from an author’s life and regale us with a book talk on a story that USA Today called “[a] stunning debut novel.”

get your ticket to paradise Now!

we understand that the definition of relaxation can be as diverse as our members.

Elizabeth F. LorellGordon & Rees, LLPFlorham Park, NJ




your ticket to

include our own talented FDCC law-yers, corporate/industry members and guests from Chrysler, Office Depot, IFG Companies, Sciton Inc., State Farm, American Fidelity, Quality Carriers, Eli Lilly, Century Surety, American Fidelity, CR Bard, Toyota, and Macy’s. Others joining us will be Mark O’Mara (who defended George Zimmerman), Billy Murphy (the attorney for Michael Vick and Don King), and Judge Sanford Brook. Our keynote speaker is the pro-vocative, entertaining, and compelling Judge Andrew Napolitano, Fox News’ Senior Judicial Analyst since 1998. An enchanting destination with unique activities, delicious cuisine, first rate service, breathtaking views, and footprints in the sand will leave you wondering why on earth you didn’t come to Florida sooner. At Marco Island, the skies are bluer, the sun is warmer, and friendships grow richer. So book your “Ticket to Paradise” and we look forward to seeing you in March of 2014 in Marco Island!

—Elizabeth and Jeff Lorell Convention Chairs

Social events are scheduled in the resort. Our cocktail parties, in different and breathtaking venues, will allow you to experience magnificent sunsets over the Gulf and breathe fresh salt air. For our Monday night dine around and Wednesday night fellowship dinners, explore some of the finest restaurants in and around Marco Island (including Naples) and enjoy delicious cuisine. Join Tim and Christie Pratt, on Tuesday night, for the President’s Welcoming Reception in a beautiful courtyard and garden by the sea. On Wednesday night after dinner, we will gather back at the Marriott for our “Fire & Ice Night-cap Party” for libations and delectable desserts. On Thursday night, “The Paradise Party,” will give us another chance to gather with friends and enjoy one heck of a party with Sol Fusion, a great dance band! In step with this venue and warm summer breezes, our ladies will dress in colorful evening cocktail attire, but for the men, no black tie is required. Whether you come solo, or with your spouse/significant other, this party is being geared so that we

can ALL dine and dance into the night, enjoy friends (both new and old), and bask in the warmth of fine fellowship. On Friday night, our final rendez-vous will be our theme party, “Miami Vice on Marco.” Get ready for a one-of-a-kind party with a cool, inviting club-like atmosphere. Experience “Miami Vice,” which will be cutting-edge, dynamic, and fun! Men should wear a favorite sport jacket with t-shirt (colored preferred, just like Don Johnson), and for the women, the sky is the limit with vibrant colors and sun dresses. We will dine on South Florida cuisine, see favorite snippets of Miami Vice, and reminisce as we listen to memorable Miami Vice music. Later on, a DJ will entertain all of us as we dance the night away to the great songs of the 1980’s. This theme party will be great fun, one for the record books, and truly a night to remember! Program Chair Howard Merten is putting together a fantastic program! Our CLE Program, “Objects on the Horizon are Closer than they Appear – Are you Ready?” — looks to the future. Expansive and diverse speakers

hotel_reservations

meeting_registration

https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=10619347

https://www.regonline.com/fdcc2014winter




The CLE Pro-gram in Marco Island contains something for ev-eryone – unique and different programming for the whole fam-ily, cutting-edge section meetings

from every substantive section, and in-sights and input from a wide range of in-dustry and in-house members and guests. It takes a hard look at some important challenges ahead, and a thoughtful and entertaining look at some challenges overcome in the past. The program opens with something for the whole family – a One Man Play called Darrow. Performed by Judge Sandy Brook – one of the most popular speakers from our San Antonio meet-ing – this play captures the life of one of our profession’s true icons and portrays through a personal lens some of the great moments in twentieth century legal history. Trial Masters highlights some of our own FDCC superstars, but also lawyers “ripped from the headlines” -- Mark O’Mara (who defended George Zim-merman) and Billy Murphy (the attorney for Michael Vick and Don King). Along with corporate counsel from Eli Lilly and WR Grace, they will offer concrete ad-vice on how to represent clients juries love to hate. How do you alter your trial themes, overcome bias, and pre-serve and protect your client’s image?

objects oN the horizoN are closer thaN they appear...

are you ready?

Famous for his candid remarks, signature wit, and personal anecdotes, judge Napolitano is one of the media’s most outspoken analysts of the legal system, most fervent critic of government intervention into personal lives and commercial transactions, and a passionate defender of the Constitution.

Howard M. MertenPartridge, Snow & Hahn

Providence, RI

We will also take a long hard look at the uncertain future of our profession. Law schools are in crisis, some may even fail. Law firms are announcing layoffs and restructurings too often to pass the news off as mere coincidence. Meanwhile, clients are looking not just for cost-cutting, but whole new ways of delivering legal services. Researchers on the cutting-edge of these changes, law firm managers, and general coun-sel will share their thoughts about what lies ahead and how we can get ahead of the curve. Section programming at Marco Is-land will highlight an amazing array of corporate and industry members and guests from Chrysler, Office Depot, IFG Companies, Sciton Inc., State Farm, American Fidelity, Quality Carriers, Eli Lilly, Century Surety, American Fidelity, CR Bard, Toyota, and Macy’s. Every section is involved and there are sure to be topics that will directly benefit your practice – criminal liability arising from third party conduct; crazy cover-age opinions; what is really happen-ing with alternative fee arrangements; looming liabilities from BYODs; re-emerging torts we thought were gone; changing rules for experts in class actions and MDLs and for fire experts; simplifying complex ideas for trial, protecting key assets from disgruntled employees, and more. Wrapping it all up is our provoca-tive, entertaining, and compelling key-note speaker, Judge Andrew

Napolitano. A Fox News’ Senior Judicial Analyst since 1998, Judge Napolitano broadcasts nationwide on the Fox News Channel and Fox Business Network throughout the day, Monday through Friday. Famous for his candid remarks, signature wit, and personal anecdotes, Judge Na-politano is one of the media’s most outspoken analysts of the legal sys-tem, most fervent critic of government intervention into personal lives and commercial transactions, and a pas-sionate defender of the Constitution.

— Howard Merten Program Chair

Picture yourself here2014 Winter Meeting




pleNary sessioNstuesday, March 4, 2014DARROW, A One Man Play, performed by: the honorable sanford brookClarence Darrow has been heralded by many as the leading trial attorney in America during the first half of the 20th century. Amongst others, he defended teen-age thrill-killers Leopold and Loeb, and faced off against Williams Jennings Bryant in the famous Scopes “Monkey” Trial. The Hon. Judge Sanford “Sandy” Brooke will perform a one act play, “Darrow,” to open the Marco Island CLE program.

The Wall Street Journal described the play as follows: “At a time in our national life when the legal profession has suffered setbacks in the eyes of many, Darrow’s life reminds us that the practice of law has had its great moments in our history, and will continue to have them when it is in the hands of men who remember where they came from and why they are here.”

You and your entire family will not want to miss this play.

lessons from the old MasterJudge Brook and two FDCC Masters in their own right, take up where the play leaves off and discuss what can we learn from Clarence Darrow, one of the storied masters of our profession. Do strategies and trial tactics employed during the Scopes Monkey Trial, the defense of Leopold and Loeb and early twentieth century union fights have any relevance in the age of 3-D modeling and trial pre-sentation software? Can we get away with what Clarence Darrow did in court? Should we try?

wedNesday, March 5, 2014trial Masters prograM: Monsters in the Mirror: Representing Defendants That Juries Love To Hate How do you approach a high profile or exposure trial when you have a client that jurors love to hate? What can you do to combat preconceived perceptions of your client? What can you do during voir dire to try to get a fair jury? How can you deal with a hostile judge? Can focus groups help and should they be used differently, earlier, more often? A star-studded panel of our own FDCC trial

wiNter MeetiNg prograM

preseNters

scott salterStarnes Davis Florie LLP; Birmingham, AL

jim thompsonGoodis Thompson & Miller PA; St. Petersburg, FL

sean Martin Carr Allison; Chattanooga, TN

reed batesStarnes Davis Florie LLP; Birmingham, AL

ronald clarkBullivant Houser Bailey, PC; Portland, OR debra tedeschi VarnerMcNeer Highland McMunn Varner LC; Clarksburg, WV

beth fitzpatrickHurwitz & Fine, PC; Melville, NY philip reevesGallivan White Boyd; Greenville, SC thayla bohnAmerican Fidelity Corporation; Oklahoma City, OK Mike kiernanTraub Lieberman Straus & Shrewsberry LLP; St. Petersburg, FL l. johnson sarber iiiMarks Gray, PA; Jacksonville, FL

Marc harwell Leitner, Williams, Dooley & Napolitan, PLLC; Chattanooga, TN

Mike McdonaldQualityDistribution; St. Petersburg, FL

stephen feldmanEllis & Winters LLP; Raleigh, NC

sidney hardyMcCranie, Sistrunk, Anzelo, Hardy, McDaniel & Welch, LLC; New Orleans, LA

paul finamoreNiles, Barton & Wilmer, LLP; Baltimore, MD

howard zandmanHabif, Arogeti & Wynne; Atlanta, GA

elizabeth f. lorellGordon & Rees LLP; Florham Park, NJ

howard MertenPartridge Snow & Hahn; Providence, RI

tim prattBoston Scientific, Inc.; Boston, MA

the honorable sanford brooksJudicial Arbiter Group, Inc.; Denver, CO




lawyers who have been through this wringer will join forces with famous lawyers “ripped from the headlines” and clients who have faced these kinds of challenges to share insights learned through experience.

Mark O’Mara, attorney for George Zimmerman, will be the keynote speaker for our panel of outside counsel who will speak about tips and tactics from the trial lawyer perspective.

Billy Murphy, who has represented Michael Vick and Don King, amongst others, will be the keynote speaker for the second panel which will focus on these diffi-cult issues from the client’s perspective.

thursday, March 6, 2014the future of our professionLaw Schools in Crisis – Law school enrollment is tanking and threatening the via-bility of some law schools. The reason is obvious, and ominous. The marketplace has spoken and smart young people are turning away from a future as lawyers. The troubling question is what will this brain drain do to the law firms – and ulti-mately, the clients whom they serve -- in the long term?

Law Firms in Crisis – Law firms and corporate legal departments are scrambling to keep up with accelerating threats to their current business models -- permanent pricing pressures; continued commoditization; new sources of competition; and accelerating technology-based and process-driven alternatives to traditional law-yering. Much is uncertain, but this much is clear: law firms that do not begin to adapt – now -- to changes in the marketplace will find themselves well behind the curve (if not out of business).

Clients’ Expectations for the Future – The dramatic changes in the legal world are not happening in a vacuum. Clients and client needs are driving the process. Clients are looking for firms to not just cut costs, but rather to change the value proposition in legal service delivery. Corporate clients are past the point of toss-ing work out to hundreds of outside lawyers who need significant oversight and training. This panel of leading in-house and industry counsel will explore how practicing attorneys, located in-house and at outside firms, can navigate through the current turbulence roiling law schools and law firms alike, in order to align with their clients’ needs and continue to provide successful and cost-effective legal services as they move forward into an uncertain future.

friday, March 7, 2014keyNote speaker judge aNdrew p. NapolitaNoOur keynote speaker is the provocative, entertaining and compelling Judge Andrew Napolitano. Fox News’ Senior Judicial Analyst since 1998, Judge Napolitano broadcasts nationwide on the Fox News Channel and Fox Business Network throughout the day, Monday through Friday. Famous for his candid remarks, signature wit, and personal anecdotes, Judge Napolitano is one of the media’s most outspoken analyst of the legal system, most fervent critic of govern-ment intervention into personal lives and commercial transactions, and a passion-ate defender of the Constitution.

clark hudsonNeil, Dymott, Frank, McFall & Trexler APLC; San Diego, CA

phil richardsRichards & Connor; Tulsa, OK eric schneiderAnderson, McPharlin & Conners LLP; Los Angeles, CA

amy MiletichMiletichCohen PC; Denver, CO

cori cookEmployee Benefit Management, Inc.; Billings, MT

Violet clarkLaner Muchin, Ltd; Chicago, IL

david governoGoverno Law Firm LLC; Boston, MA

evelyn davisHawkins Parnell Thackston & Young LLP; Atlanta, GA

Mitch frostFerguson, Frost & Dodson, LLP; Birmingham, AL david NeaveBlake, Cassels & Graydon LLP; Vancouver, BC

Marisa trasattiSemmes, Bowen & Semmes; Baltimore, MD

april elkovitchMeadowbrook Insurance Group; Westerville, OH

frank gasslerBanker Lopez Gassler PA; Tampa, FL

g. david godwinCarroll, Burdick & McDonough LLP; San Francisco, CA

Marc youngCokinos Bosien & Young; San Antonio, TX

steve pasarowKnapp, Petersen and Clarke; Glendale, CA

thomas g. oakesThomas G. Oakes, Associates, LLC; Cherry Hill, NJ

ed stewartWheeler Trigg O’Donnell LLP; Denver, CO

Mark o’MaraO’Mara Law Group; Orlando, FL

gray culbreathGallivan, White & Boyd, PA; Columbia, SC

Mike luceyGordon & Rees LLP; San Francisco, CA

john scottStarnes Davis Florie LLP; Birmingham, AL

billy MurphyMurphy, Falcon & Murphy; Baltimore, MD

Mike harringtonEli Lilly and Company; Indianapolis, IN

jay hughesW.R. Grace & Co.; Columbia, MD

allen campoAmerican Jury Centers; Sun Valley, ID

sandra clarkMehaffy Weber Law Firm; Beaumont, TX

preseNters




Marco sectioN MeetiNg Quick shots:Corporate Counsel and Insurance Industry Roundtable – The Road Ahead – An open discussion amongst corporate and industry counsel members and guests about what they see on the horizon.

Keep Up or Get Burned: Changing the Rules for Fire & Explosion Investiga-tions – NFPA 921 was recently amended and major changes loom for NFPA 1033. What are the changes under Daubert and Carmichael?

Topics on the Horizon in Reinsurance, Excess, and Surplus Lines – Experienced practitioners, industry insiders, and section members engage in an up-to-the-minute roundtable.

Alternative Fee Arrangements – What works? What’s Happening? – Cut through all the chatter about AFAs and hear from two in-house lawyers who have successfully implemented alternative fee programs.

Sampling, Extrapolation, and Experts: What’s Left? – Recent Supreme Court de-cisions have limited the use of sampling and of experts in class action litigation.

Are you the Criminal? Liability for Criminal Acts of Third Parties and Employees – When are business or premises owners liable for the criminal acts of a third party or employee? When do they face criminal exposure?

Thank God it Wasn’t My Case! Top Ten Craziest Coverage Decisions – In rota-tion, 5 speakers will discuss 2 outrageous coverage decisions, including where the court went wrong.

Old Foes Exploring New Recoveries – Emerging Plaintiffs’ Tactics in Transpor-tation Claims – As “Tort Reform” has impacted med mal and products recoveries, plaintiffs’ attorneys have sought out new targets. They’re bringing unusual and creative tactics to transportation litigation

“Take this Job and Shove It, I Aint Workin’ Here No More.”“What Happens When Johnny Takes More than a Paycheck?” – What urgent issues will you face when a top employee, with all the keys to the client’s kingdom, suddenly leaves to join the main competitor?

Trouble in the Sandbox – Looming Headaches and Looming Liability for BYOD – Do you know best practices for dealing with these ubiquitous devices?

They’re Not Dead Yet – New Twists on Old Torts – Recent developments initiated by plaintiffs’ attorneys, regulatory agencies, and the courts have breathed new life into torts that we thought had run their course.

Handle With Care: Bad Faith in the Absence of Coverage – Experienced insurance industry insiders and their counsel discuss the current state of such claims.

Simplifying a Complex World – 3D Printers, computer animations, visual presentation systems in the court-room... Learn how to keep things simple and communi-cate through all the clutter.

joe garzaDex Media, Inc.; Dallas/Fort Worth, TX

william hendersonProfessor, Indiana University Maurer School of Law

robert fultonHill Ward Henderson; Tampa, FL

william VitaWesterman Ball Ederer Miller & Sharfstein, LLP; Uniondale, NY

thomas clayAltman Weil, Inc.; Newtown Square, PA

Michael bonassoFlaherty, Sensabaugh & Bonasso, PLLC; Charleston, WV

linda woolfGoodell, DeVries, Leech & Dann, LLP; Baltimore, MD

Mercedes colwinGordon & Rees; New York, NY

jean f. hollowayCR Bard, Inc.; Murray Hill, NJ

sandra phillipsToyota Motor Sales, Inc.; Torrance, CA

Mitch borgerMacy’s, Inc.; New York, NY

jason foggMonitor Liability Managers, Inc.; Rolling Meadows, IL

roger kruppState Farm Mutual Automobile Insurance Company; Bloomington, IL

terry-dawn hewittAdjunct Professor, University of Denver; Denver, CO

rick hammondJohnson & Bell Ltd.; Chicago, IL

randy watsonSEA Limited; St. Louis, MO

stuart sklarFabian, Sklar & King; Farmington Hills, MI

david evingerGrotefeld Hoffmann LLP; Minneapolis, MN

stephen carterCarter Perry Bailey LLP; London, England

elisa garciaOffice Depot, Inc.; Boca Raton, FL

louann Van der wieleChrysler LLC; Auburn Hills, MI

chris dephillipsPorzio Bromberg & Newman, PC; Morristown, NJ

terrance ridleyWheeler Trigg O’Donnell LLP; Denver, CO

preseNters




Marco islaNd book clubHenriette Lazaridis Power’s debut novel, The Clover House, was published by Ballantine Books in April 2013 and was a Boston Globe best-seller and a Target Emerging Authors pick. The Clover House centers on Calliope No-taris Brown, a young Greek-American woman who has always felt trapped between two cultures. In Boston, with her compassionate fiancé, she can re-invent herself as Callie Brown, but when Callie receives a call that her beloved uncle has passed away, she is drawn back to her roots to claim her inheritance. Callie’s mother, Clio—with whom Callie has always had a difficult relationship—tries to convince her not to make the trip. Unsettled by her mother’s strange behavior, and uneasy about her own recent engagement, Callie decides to escape Boston for the city of her childhood summers. After arriving at the heady peak of Carnival, Cal-lie begins to piece together what her mother has been trying to hide. Among Nestor’s belongings, she uncovers clues to a long-kept secret that will alter every-thing she knows about her mother’s past and about her own future. Alternating between contemporary and WWII-occupied Greece, The Clover House is a novel of the search for identity, the challenges of love, and the shared his-tory that defines a family. USA Today called The Clover House “[a] stunning debut novel,” and the Boston Globe found the book to be “[an] insightful examination of memory and the stories that hold us together—or perhaps tear us apart.” Brunonia Barry, New York Times and interna-tionally bestselling author of The Lace Reader and The Map of True Places, had this to say: “Layered and complex, The Clover House is a provocative

examination of family secrets and the things we inherit, a powerful search for self that feels both unique and univer-sal. Henriette Lazaridis Power immerses the reader in a world of tradition and resilience, creating characters who lin-ger long beyond their final pages. This is one of the best books I’ve read in a long time.” Power is herself a first-generation Greek-American whose parents emi-grated to the United States in the late 1950s. Greek is her first language, and she grew up steeped in Greek culture at home and during yearly summer-long trips back to Greece. Devoted to storytelling since her childhood bedtime stories from the Odyssey, Power earned three degrees in English literature from Middlebury College, Oxford University, where she was a Rhodes Scholar, and the Univer-sity of Pennsylvania. She went on to teach English literature at Harvard for ten years. Her work has appeared in publications including Narrative Maga-zine, Salamander, the New England Review, The Millions, The New York Times online, and the Huffington Post. She is the founding editor of The Drum,

“a peak ahead…Author Robert Edsel will be a keynote speaker at The Greenbrier. His book, The Monuments Men, describes the heroes who retrieved and preserved European art treasures after World War II. The book is currently being made into a movie, directed by and starring George Clooney, which will be released in early 2014.”

an online literary magazine publish-ing short fiction and essays exclusively in audio form. A competitive rower, Power trains regularly on the Charles River in Boston. You can find her on Facebook, Twitter, and at www.henriettepower.com.




2014 litigatioN MaNageMeNt college & graduate prograM poised to build oN past success

“The Nation’s best claims-management conference,” the Federation of De-fense of Corporate Counsel Litigation Management College and Graduate Program, hopes to build on the great attendance and programming experi-enced in 2013. Next year’s College will be held at Emory University in Atlanta, Georgia, and “Save the Date” postcards have already been sent out to prospective students highlighting the 2014 LMC and Graduate Program dates of June 8-12, 2014. The LMC and Graduate Program have traditionally been offered to insur-ance claims professionals who want to reach the next level in their careers. The 2014 edition of the LMC will also be expanded to targeted risk manage-ment professionals as well as in-house counsel. The Graduate Program runs side-by-side and draws more experi-enced claims professionals and the alumni of the LMC. In 2014, Scott Kreamer will return as Dean of the College with Helen Alford serving as Dean of Curriculum for the LMC. The Graduate Program will be led by Dean Bruce Dickinson and Assistant Dean Richard Traub. Last year, 100% of the students in the LMC and Graduate Program rated their ex-perience as “excellent” and many have proclaimed it “the best educational experience ever…”. The LMC focuses on a detailed true-life fact pattern that resulted in wrongful death claims arising out of a fire in a high-rise office building in Chi-

cago. Students dissect and analyze the fact pattern, consider the legal claims and defenses, size up the credibility of witnesses, and engage in other “hands-on” activities. Students learn how to handle claims more effectively, work more efficiently, analyze prob-lems more strategically, and negotiate more successfully. In accomplishing that result, industry experts and attorneys of-fer expertise and strategic pointers on a variety of topics including budgeting,

considerations of insurance coverage, negotiation, mediation, partnering with defense counsel, and preparing litiga-tion case plans. In 2014, the LMC and Graduate Program will welcome Marty Latz of the Latz Negotiation Institute to train students in the art of negotiation. In ad-dition, Marty Latz is expected to intro-duce ExpertNegotiator, a web-based negotiation software to help implement negotiation best practices. John Intondi, Senior Vice President of Axis Insurance, will provide insights, including how best to avoid any allegation of bad

faith claims handling. Audrey Nelson, Ph.D. will also return to present her pro-gram, “Victors without Victims,” which provides guidelines and techniques for managing conflict for a positive out-come. Laura Dominic and Jill Schmid Ph.D., of Tsongas Trial Consultants, will discuss the art of preparing for and giv-ing a good deposition. The LMC and Graduate Program are described as “hands-on” for a reason. Students are expected to work

strategically together in teams, ne-gotiate during mediation sessions, give presentations to the group, and prepare both budgets and litigation case plans. Under the guidance and direction of Laura Dominic and Jill Schmid Ph.D., of Tsongas Trial Consultants, students give depositions in which they are cross-examined by seasoned trial lawyers in the context of a mock bad faith suit. In the Graduate

Program, students “make their case” for authority to upper level management and further develop negotiations skills in mediation. The 2013 LMC was a great suc-cess and we hope to capitalize on this momentum by raising the bar again in 2014. If you have a client or col-league who might be interested in at-tending the LMC or Graduate Program, please have them contact Todd A. Rob-erts of Ropers Majeski Kohn & Bentley, who serves as Dean of Admissions, at [email protected]

...industry experts and attorneys

offer expertise and strategic pointers...




… to the Greenbrier – America’s Resort

Come Home

July 27-August 2, 2014 White Sulphur Springs, West Virginia

Come experi-ence the magic of FDCC fel-lowship and tradition at the 2014 Annual Meeting at the beautiful Greenbrier

Resort! This historic resort is nestled in a gorgeous setting, and is equally stun-ning inside, having recently been pur-chased and completely renovated by a local business and community leader. Plan to come help President Tim Pratt and Christie Pratt celebrate their year of leadership in this spectacular locale. We are planning a week of fun activities and social events, while Pro-gram Chair Michael Scott has been putting together a spectacular pro-gram. Here are some facts to help you plan your trip. travel: The Greenbrier, just across the Virginia border, is easily ac-cessible by car for many on the east

coast. There are flights from several major airports directly to the Green-brier Valley Airport, just minutes from the resort. You can also fly to Roanoke Virginia and enjoy a scenic 70 mile drive. If you enjoy traveling by train, you can take a train directly to The Greenbrier. weather: We will enjoy pleas-ant, balmy days and crisp evenings. The average temperatures at the time of year when we will be there are a high of 82 and a low of 57. activities: We are planning a variety of activities, both at the resort and nearby. At the resort, you will be able to take your pick of history tours, bunker tours, nature hikes, fly fishing, sporting clays, casino lessons, horseback riding, archery, falconry, and much more. The golfers among us will be able to enjoy not only the resort’s championship courses, but also the recently restored historic nine-hole Oakhurst Links. There is also plenty to do outside the resort. The Greenbrier is just minutes from Lewisburg, recently voted “America’s Coolest Small Town.” We will be offering Lewisburg lunch

tours, but you may also enjoy exploring the quaint town and excellent restau-rants on your own. Whitewater rafting, kayaking, and caving are also easily accessible. keynote speaker: Michael Scott has secured a very exciting and timely keynote speaker -- Robert Edsel, the author of The Monuments Men: Allied Heroes, Nazi Thieves and the Greatest Treasure Hunt in History. Mr. Edsel’s book describes the heroes who retrieved and preserved European art treasures after World War II. The book is currently being made into a movie, directed by and starring George Cloo-ney, which will be released in early 2014. Mr. Edsel’s talk with be all the more fascinating on the heels of the release of the film. So, make your plans to Come Home to The Greenbrier this summer to join your FDCC friends in fellowship, fun, learning, and celebration!

—Leslie and Tom Packer Convention Chairs

Leslie C. PackerEllis & Winters, LLP

Raleigh, NC




2014 MeetingsMarch 2 - 8, 2014 FDCC Winter Meeting Marco Island MarriottMarco Island, Florida

june 8 - 12, 2014 Litigation Management College & Graduate Program Emory Conference CenterAtlanta, Georgia

july 27 - august 2, 2014 FDCC Annual Meeting GreenbrierWhite Sulphur Springs, West Virginia

september 16 - 17, 2014 P&O Meeting Arizona BiltmorePhoenix, Arizona

september 17-19, 2014 Corporate Counsel Symposium Arizona BiltmorePhoenix, Arizona

Future Winter & Annual LocationswiNter 2015 february 28 - March 7, 2015 Waldorf Astoria El Conquistador Fajardo, Puerto Rico

aNNual 2015 july 25 - august 1, 2015 Fairmont Banff Springs Hotel Banff, Alberta

wiNter 2016 february 28 - March 6, 2016 Hotel Del CoronadoSan Diego, California

aNNual 2016 july 23 - 30, 2016 Fairmont Le Manoir RichelieuLa Malbaie, Quebec

wiNter 2017 March 4 - 10, 2017 Omni Amelia Island Amelia Island, Florida

FDC C E VE N TS




f

For some time, we’ve had Facebook and LinkedIn pages. This year, however, we’ve greatly expanded our use of Social Media and have integrated it more closely with the website. Our goal is to make the Federation more of your daily life, and to provide greater benefits to all the members. If you use any form of social media, following the FDCC will keep you up-to-date on Federation activities and initiatives, breaking legal developments, and the ac-tivities of your Federation friends. Many of the attendees at the Annual Meeting enjoyed our special Twitter feed for

that meeting and used it to share information regarding activities. Twitter: The FDCC is now on Twitter with multiple accounts. For general FDCC news and information, follow @FDCCDefense. We’ll provide you with information on FDCC activities, new content on the website, and the successes of your Federation friends. If you have a success you wish to share, please tell Marty Streeper – [email protected] – about it. If you’ve used Hot Cases, but don’t visit the website daily, follow Hot Cases on Twitter @FDCCHotCases and every Hot Case will come to you in a Tweet. If you’re attending a convention, the CCS, or the I-3, follow the dedicated Twitter feeds for each of those programs, @FDCC2014 for the Winter and Annual Meetings, @FDCC_CCS for the CCS, and @FDCCI3 for the I-3. Individual Twitter accounts for the substantive law sec-tions will be coming soon. LinkedIn: The FDCC LinkedIn Group was revamped last year to include a members-only group to which marketing people don’t have access. We encour-age you to join and use it as a resource. If you’ve taught or been a student at the Litigation Management College in recent years, you should have received an invitation to join a members-only group for the LMC. The LMC has also created a Deans’ Blog containing interesting posts about litigation management and case evaluation tools. We’ve also created a members-only group for past attendees at the Insurance Industry Institute. Facebook: We still have a Facebook group and your family members are encouraged to join as well. Facebook can be an important part of sharing the fellowship of the Federation between meetings. The FDCC Website: If you have not been to the website lately, please visit. The website was revised last year and it gives greater prominence to the Article of the Month and the FDCC Blog. The Blog includes substantive postings on a variety of issues, Tim Pratt’s Commandments for Leadership, Frank Ramos’ Tips for Young Lawyers, Marisa Trasatti’s substantive posts, and others. If you would like to contribute to the blog, simply log-in to the member side of the website and, on the member services page, click on submit a blog post. We look forward to seeing you on-line.

the federatioN expaNds its social Media preseNce

Do you follow the FDCC on social media? Andrew B. Downs

Bullivant Houser Bailey, PCSan Francisco, CA

ffacebook

twitter

liNked iN

twitterdEFENSE

HOT CaSES

https://twitter.com/FDCCDefense

http://www.linkedin.com/groups?gid=1072127&mostPopular=&trk=tyah

http://www.facebook.com/#!/groups/147685971262/

http://www.thefederation.org

https://twitter.com/FDCCHotCases

www.linkedin.com/pub/federation-defense/6b/471/7b1/

https://www.facebook.com/groups/147685971262/

https://twitter.com/FDCCDefense




the 21st ceNtury practice of law

It’s always bloody when you’re the first one through the wall.

In taking on the task of leading the team on the study of The 21st Century Prac-tice of Law, instantly instructive is a quote from Moneyball. “For forty one million, you built a playoff team. You lost Damon, Giambi, Isringhausen, Pena, and you won more games without them than you did with them. You won the exact same number of games that the Yankees won, but the Yankees spent one point four mil-lion per win and you paid two hundred and sixty thousand. I know you’ve taken it in the teeth out there, but the first guy through the wall always gets bloody, always. It’s the threat and not just the way of doing business, but in their minds it’s threatening the game. But really what it’s threatening is their livelihoods, it’s threatening their jobs, it’s threatening the way that they do things. And every time that happens, whether it’s the government or a way of doing business or whatever it is, the people holding the reins have their hands on the switch. They will bet you’re crazy. I mean, anybody who’s not building a team right and rebuilding it using your model, they’re dinosaurs. They’ll be sittin’ on their &@#! on the sofa in October, watch[ing] the Boston Red Sox win the world series.” Red Sox Owner John Henry to Billy Beane in Moneyball. Developed as an initiative of President Tim Pratt, the 21st Century Practice of Law Committee is comprised of attorneys from firms large and small, from cities large and small, corporate counsel, and industry counsel. Although this topic is be-ing studied by many, the Committee put together by President Pratt is the first known to include corporate and industry members. These members will provide unique perspectives as to their expectations from lawyers in the coming years. Through the generosity of the FDCC Foundation, the Committee will be working with a consul-tant to guide each of us through the wall, without the blood, of course. The focus of this project is to bring together an experienced and diverse group and identify the role, as well as the look of the 21st Century Lawyer. How will the legal arena take shape in the next fifteen years? What will the attorney/client relationship look like in each area? How will cases be tried? Who will be trying the cases that get to trial? How will law firms be made up and where will law firms be housed? Is the ivory tower a necessity or a thing of the past? What about outsourcing? Are once required websites passé? What about the matrix? Will lawyers be hired based upon their trial skills, or will retention be purely num-bers based? This project will identify what lawyers need to do to keep up, what companies need to do to keep up, and what law firms need to do, not only to keep up, but to succeed in the next fifteen years. Failing to adapt in a positive way to the needs of future, as is evident from the recent past, will threaten liveli-hoods, jobs, and the way that things are done in the legal profession. Opening one’s mind and attending the presentation of this topic at the 2014 Annual Meet-ing will prepare you for the future. We hope that you will be part of the journey through the wall.

Debra Tedeschi VarnerMcNeer Highland McMunn Varner LC

Clarksburg, WV

FDCC_impact




Since its founding in 1936, the

FDCC has been dedicated to the

principles of knowledge, justice,

and fellowship. Consistent with

the principle of justice, the

Amicus Committee has recently

been renamed the “Amicus and

Public Policy” Committee.

One of the goals of the Committee is to promote the principle of justice within the organization. To that end, the Committee has worked closely with Lawyers for Civil Justice in their efforts. Several Florida FDCC members supported the Florida Bar’s efforts in September to make a recommendation to the Florida Supreme Court regard-ing adoption of a Daubert standard in Florida. FDCC members were encour-aged to write to the Code and Rules of Evidence Committee of the Florida Bar Association encouraging the adoption of Daubert. The FDCC also contributed to a white paper on professionalism through our membership on the ABOTA Civil Jury Roundtable. Most recently, we provided com-ments to the Committee on Rules of Practice and Procedure regarding the Proposed Amendments to the Federal Rules of Civil Procedure. The FDCC provided comments regarding pro-posed changes to Rules 37(e), 26(b)(i) and the numerical limits on discovery. We urged the adoption of a clear, bright-line test to determine when a

party is under affirmative duty to preserve information un-der Rule 37(e). The FDCC suggested that Rule 37(e)(i) adopt a “com-

mencement of the litigation” trigger for determining when preservation obliga-tions are imposed under the rules. A commencement of litigation trigger for requiring preservation of information would provide a bright-line standard which is deeply needed. We also supported the proposed revision to Rule 26(B)(i) redefining the scope of discovery to matters that are “relevant to any party’s claim or defense and proportional to the needs of the case.” This modification to Rule 26 will clarify that the claims or defenses actually in the litigation are properly what drives discovery. The FDCC also encouraged the addition of the word “material” to the Rule 26 test to further strengthen the rule. Limiting discovery to non-priv-ileged matter that is both relevant and material to a claim or defense would serve to eliminate wasteful discovery while allowing parties to obtain discov-ery that is both relevant and material. We supported the proposed reduc-tion in presumptive numerical limits on discovery. The purpose of the FDCC’s comments to the Rules Committee was to encourage revisions to the rules that would further the goal of reducing dis-covery costs. The FDCC encouraged the Committee to return the rules to their original purpose as espoused in Rule

1 that litigation should be “just, speedy and inexpensive.” Our President, Tim Pratt, will appear January 9, 2014 before the Rules Committee to testify regarding the proposed Federal Rule amendments. The amicus side of the Amicus and Public Policy Committee has also been busy. An amicus brief was filed in Maria Auqui, as Guardian of the Property of Jose Verdugo, and Maria Verdugo v. Seven Thirty One Limited Partnership, Bovis Lend Leasing Lmb, Inc., and North Side Structures, Inc. before the New York Court of Appeals, Case No. 100232/04. The issue in Auqui involved the preclusive effect to be given to decisions in workers com-pensation proceedings. The FDCC is joining with the New York Insurance Association, the National Association of Mutual Insurance Companies, and the Property Casualty Insurers Associa-tion of America to file a brief in K2 Investment Group v. American Guaran-tee & Liability Insurance Company in the New York Court of Appeals, No. APL-2012-00055. The issue in K2 relates to the consequences imposed upon an insurer for a mistake in failing to defend an insured. The FDCC has urged that a wrongful failure to defend should not alter the nature of the insur-ance contract or the extent of coverage provided under the policy. The Amicus and Public Policy Committee continues to look for ways to promote the principle of justice within the legal system. The Committee will also file amicus briefs in appropri-ate cases that are of interest to our members.

aMicus & public policy iNitiatiVes

Stacy A. BromanMeagher & Geer PLLP

Minneapolis, MN

FDCC_impact




When I became president, I was taken into a locked room at our FDCC office and was provided access to top secret information. I learned the definitive answers on who shot John F. Kennedy, where Jimmy Hoffa is living today, and whether that is really Donald Trump’s hair. But one file really intrigued me—it

iNVestigatiVe report oN the fdcc iNVisibility coMMittee

was titled “The FDCC Invisibility Com-mittee.” As I thumbed through the file, I was enlightened on why excellent members—all among the best and brightest of their area of practice and geography—do not attend meetings or maintain a higher level of activity in the FDCC. I authorized an investigation

into this Committee and their activities. Eventually, we located the names of the current co-chairs of the Invisibility Committee—W. Hopper and F. Akers—clearly pseudo names. We asked them to send a memo laying out some details on their Committee:

TOP TEN MAXIMS OF INVISIBILITY COMMITTEE MEMBERS 10. Do not join FDCC substantive law sections because you must remain invisible to potential high-dollar clients who search the membership database for qualified lawyers with your expertise. If you are a member of substantive law sections, you will be found by potential clients. And nothing messes up a productive afternoon like an unexpected call from someone wanting to give you business. 9. Avoid the temptation to attend meetings. You will learn too much, make too many new friends, and network way too much. To remain Invisible, and miss beauti-ful Marco Island beaches, cutting edge CLE, dear friends, and the time of your life, you must ignore all FDCC emails and Section Newsletters in the coming months! 8. Always keep conversations with members of the Board, or leaders of FDCC committees, very short, always looking for an easy exit so you can break off the conversation immediately if it appears you may be asked to do something. 7. If you happen to attend a meeting, do not become one of the Ribbon People! If you’re a Host at an event (Hosting may result in Invisibility Committee expulsion anyway), make it clear that you are filling in for the real Host and decline any ribbon. 6. Never sit in the front or back of any program or meeting. Mix yourself in the middle and never sit on the aisle; this helps avoid FDCC members who might walk by and say, “Hey let’s talk later about getting you more involved.” 5. Avoid Dan Kohane at all costs; within 3 minutes he will find someone who chairs something and get you involved. 4. Never go to any event alone and don’t sit alone. Upon admission to the IC you will be introduced to other IC members with whom you can pretend to socialize when you are approached by The Ribbon People. 3. If you are ever asked how long you have been a FDCC member, always respond: “5-10 years and we rarely miss a meeting.” This turns the table in your favor immediately because The Ribbon People should have known you and already gotten you involved. You will embarrass them to silence. 2. Avoid all FDCC social media. You don’t want to learn about upcoming FDCC events or learn anything that will help you in your practice. And, if you become active in FDCC social media, you will attract way too many ”followers” and “friends.” Who needs that? 1. Keep an eye on members like Elizabeth Lorell, Andy Downs, Stacy Broman, and April Elkovitch. These people are NOT members of the IC and you can learn a lot by watching how they fell prey and ended up with responsibility. Understanding how they are trapped will help you remain Invisible!

We hope these maxims are instructive regarding some of the very significant inactivities of the Invisibility Committee. If you need more information, or if there is anything we can’t do for the FDCC, please don’t call us. W. Hopper and F. Akers

Ok, yes, this was a spoof, and we are just joking around. But, we do want ALL FDCC members to enjoy the value of membership. And, to achieve that value, one should attend meetings to get to know other members, build important rela-tionships, learn a lot and become a vital and active part of our FDCC referral network. Find a way to become more active in the FDCC sections, committees and projects. The more you do, the more you get.

— Tim Pratt PS: Thanks to my two crack investigators—Mills Gallivan and Don Myles—for their help in running President this investigation. They are charter members of the “FDCC Visible Committee.”




Some of you folks who are newer FDCC members prob-ably aren’t sure what the Foundation is. It’s you – each and every

one of you. All FDCC members are automatically members of the Founda-tion. No dues, no fees, no minimums. (Okay, we do request donations; you don’t have to give, but you should). The Foundation is a separate, but relat-ed, non-profit entity that was founded over 50 years ago for the purpose of providing programs that hone the skills of our defense trial lawyers and help our insurance carrier and self-insured members better perform their duties as managers and officers in their com-panies. The Foundation also reaches outside of itself in support of other programs that highlight the need for a level playing field in civil litigation.

programs funded by the foundation The Foundation has or will provide funding for programs such as: • The “Lunch and Learn” webinars offered to FDCC member firms covering a broad range of substantive topics. • The federal prosecutor who handled the 9/11 conspiracy trial. •A more efficient approach to electronic discovery, as seen through the eyes of the judiciary. • Tips for trial attorneys from the judicial perspective. • The 21st Century Lawyer, a new program to be presented over the course of the upcoming year.

what’s the fouNdatioN aNd what does it do?

• Judge Napolitano, a frequent guest on Fox News (our Winter 2014 meeting). • Professor Henderson, who will present the future of law schools and law firms at our Winter 2014 meeting. • Judge Brook, who will entertain us all with his Clarence Darrow routine (our Winter 2014 meeting). • The National Foundation for Judicial Excellence, a program also supported by our sister organizations, which has the aim of presenting the perspective of the defense trial lawyer to the judiciary across the nation.

Who Runs the Foundation? Anyone who misses a meeting of the Board of Directors is elected President. Our other officers are Alan Brown (Immediate Past President), Rich Hall (President Elect) and Lewis Collins (Secretary/Treasurer). Our Board of Directors is also truly a Who’s Who of the FDCC (that’s a nice way of saying The Old _ _ _ _ _): Steve Barney, Janet Brown, Tom Cordell, Colin Croly, Dan Kohane, Mike Lucey, Wayne Mason, Jack Riley, and Sarah Timberlake. What a law firm that would make, except for the fact that it might be a little top heavy. That’s where our two committees come in. Our Fundraising Committee is chaired by Diane Polscer and our Vis-ibility Committee is chaired by Terence Ridley. They truly do quality work and a lot of it. Though they have committee members working with them, they are in need of more help. If any of you want to get involved, give Diane or Terence a call. They would welcome the help.

The Foundation Fellows If you want to know if any organi-zation is worthwhile, look at its biggest supporters. Are they the sorts of people you admire and whose judgment you trust? The Foundation’s biggest support-ers (though we have many small sup-porters and are grateful for them all) are its Fellows. I have listed a few and will name the others in my next article, but you can visit the Founda-tion’s section on the FDCC website (www.thefederation.org) for a com-plete list of our Fellows.

Gene AllenBruce CelebrezzeFrankie Colon-PaganSteve CozenWalter DukesBill EwaldSteve FarrarJohn FittsMills GallivanFrank Gassler Rob HunterEd KaplanScott KreamerDeb KuchlerBill LeedomElizabeth Lorell

Howard MertenDon MylesMike NeilMike Nelson Tim PrattRob RadelVicki RobertsAmy RubinTom SegallaJim SempleBill ToomsRich TraubDeb VarnerBrad WaringJohn Woodard

William C. Roedder, Jr.McDowell Knight Roedder & Sledge, LLC

Mobile, AL

I hope you will join us. We need peo-ple-power and funding. I earlier men-tioned people-power for the work of our two committees. As for funding . . . Tim Pratt is holding me to 700 words and I have run out. Talk to you about fund-ing next time. Seriously, we’ll talk about money after we have your heart.

— Bill Roedder President, FDCC Foundation





LCJ has submitted many formal comments addressing Rule 37(e) and the B(ii) exception. The proposed new rule would prohibit sanctions for failure to preserve discoverable information unless the failure was “willful or in bad faith” and causes “substantial preju-dice.” However, the exception could “swallow the rule” by allowing courts to impose sanctions absent any willful-ness or bad faith where the loss of in-formation “irreparably deprives” a par-ty of any ability to present or defend the action. LCJ supports the adoption of the proposed rule which represent ma-terials progress toward the three pillars of discovery reform: (1) a national and uniform spoliation sanction approach; (2) a fair and practical revised scope of discovery; and (3) incentive-based cost default rules.” LCJ has also advocated for the adoption of a “requester pays” dis-covery rule. As LCJ outlined in our comment, such a rule would “encour-age each party to tailor its discovery requests to the needs of the case by placing the cost-benefit decision onto the requesting party – the party in the best position to control the scope of those demands.”

How you Can Support Discovery and E-Discovery Reform

It is important for those who support discovery reform to submit a letter to the Advisory Committee during the public comment period, which closes February 15, 2014, and to participate in one of the three public hearings. The dates and locations of the public hearings are as follows: November 7th in Washington, DC; January 9th

in Phoenix, Arizona; and February 7th in Dallas, Texas. These actions will aid LCJ’s advocacy program during the comment period. Please let LCJ know if your organization will provide a wit-ness so we can provide background material and other assistance.

LCJ Now on Twitter!Find us on Twitter, Facebook, and LinkedIn! During such an important time, LCJ has decided to utilize new media to generate support for these proposed rules. There, you can get real-time updates, news about upcom-ing events, info about us, our partners, and more! Last year, LCJ was delighted to have welcomed Bayer Corporation, American Family Mutual Insurance Company, BP America Inc., Honeywell International Inc., and Altria Client Ser-vices Inc. as corporate members. We also welcomed seven new as-sociate member law firms to our ranks of over sixty associate members and twenty corporate members. If you are interested in becoming a member please see www.lfcj.com for more details or contact Barry Bauman at [email protected]

LCJ Welcomes New Diversity InitiativeLCJ is making an active effort to re-cruit new firms and representatives of diverse backgrounds. LCJ Diversity Committee co-chair Markus Greene (Pfizer) and Tanya Lawson (Sedgwick) are leading the member driven effort to reach out to minority firms and to include more minorities in the important mission of civil justice reform.

NewsLCJ December Meeting to

Feature Prominent National LeadersLawyers for Civil Justice will be holding its semi-annual Membership Meeting in NYC from December 5 – 6 this year. Prominent speakers attending include Former United States Attorney General Michael B. Mukasey; John Fund, a nationally recognized political journalist for The Wall Street Journal; Professor Frank Buckley, author of the recent book The American Illness; and Professor Peter Rutledge of University of Georgia School of Law. Additionally, our General Counsel Roundtable will feature speakers from Boston Scientific, Altec, and Eli Lilly. Many more speak-ers are planned! If you would like to join LCJ and register for the event, please inquire about membership with LCJ Executive Director Barry Bauman at [email protected]

Major Discovery Rule Reforms Published for Public Comment

LCJ is pleased to report that the Stand-ing Committee approved for publica-tion and public comment proposed Rule 37(e) and the Duke package of amendments, both of which LCJ and the defense bar organizations – FDCC, IADC, and DRI – have supported. Earlier this year, LCJ submitted two formal comments urging the Advisory Committee on Civil Rules to adopt rea-sonable legal reforms that would ease the burdens of discovery for companies conducting business in America. This cor-respondence was part of LCJ’s FRCP Ini-tiative which is focusing on fundamentally revamping four key areas: notice plead-ing; limiting discovery and e-discovery; preservation; and cost allocation.

http://www.lfcj.com

mailto:[email protected]

mailto:bbauman%40lfcj.com?subject=




fdcc iN the News

Recently, FDCC members in the Jackson, MS area meet for lunch to enjoy fellowship and what looks like great food. From left side of photo going back front to rear, james holland, ford bailey, Ned currie, bob biggs and charles griffin. On right side going front to back, david dunbar, keith raulston, richard edmondson, fran-ces shields, gary friedman and carter thompson. Gary Friedman was instrumental in helping put this meeting together, and the group plans to continue meeting on a regular basis.

Three Federation members have recently become Fel-lows of the American College of Trial Lawyers, one of the premier legal associations in America. Congratulations to bruce parkerson, Plauche Maselli Parkerson, LLP, New Orleans, LA; eric riegner, Frost Brown Todd LLC, India-napolis, IN; and john bennett, Bullivant Houser Bailey, PC, Portland, OR! Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be consid-ered for Fellowship. Membership in the College cannot exceed one per-cent of the total lawyer population of any state or prov-ince. There are currently approximately 5,789 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows, and Honorary Fellows.

John A. BennettBullivant Houser Bailey, PC

Portland, OR

Eric A. RiegnerFrost Brown Todd LLC

Indianapolis, IN

G. Bruce ParkersonPlauche Masellini Parkerson, LLP

New Orleans, LA

douglas houser, Bullivant Houser Bailey, PC, Portland, OR, in a ca-reer that spans more than 50 years, has been hon-ored many times by his peers, his law firm and his com-munity. Doug has just been recognized by the Defense Re-search Institute (DRI) with the Louis B. Potter Lifetime Professional Service Award.

Douglas G. HouserBullivant Houser Bailey, PC

Portland, OR




Federation member tim lickness had the honor in September of speaking at a war memorial dedication ceremony in Big Bear Lake, California. Tim, shown above at the ceremony, is a resident of San Diego and served in the infantry in the Vietnam War.

on this Veterans dayas we pay rightful tribute

to those who served, let us remember the principles for which they served. let us

honor them by protecting and by defending the constitution

of the united states.

fdcc iN the News

Shown at right are the Presidents of the four sister organizations who gathered at the recent DRI Annual Meeting in Chicago. From left to right are David Zizik (ADTA), Tim Pratt (FDCC), Molly Craig (IADC), and Mike Weston (DRI). Of significance is that three of these current Presidents (Pratt, Craig, and Zizik) are all members of the FDCC.




THE BROADMOORColorado Springs, Colorado

Sunday, July 28 – Sunday, August 4, 2013

2013FdCC Annual Meeting With a setting like The Broadmoor, the 2013 Annual

Meeting promised to be a memorable meeting and it cer-tainly delivered on that promise! The program made each of us better attorneys for having attended and the activi-ties offered once-in-a-lifetime opportunities - which proved to be an unbeatable combination. The meeting theme of “Go For The Gold” borrowed a page from the Olympics and Walter Dukes put together a program worthy of a gold medal. He had a collection of tremendous speakers and presentations. These included a

panel of judges from the state, federal, and appellate benches who shared their insight on successful trial strategies and techniques. The presentation was made more significant by the fact that it was moderated by Jeff Pilkington who was performing his last role with the FDCC as he was recently appointed to the bench in Colorado. Our loss is Colorado’s gain, as Jeff will certainly make an excellent Judge! We also heard from the distinguished Attorney General of Colorado discuss-ing the legal dilemmas created by the passing of the legalization of marijuana. One of the highlights of the program was a riveting presentation by Chuck Rosen-berg about the prosecution of 9-11 terrorist Zacharius Moussaoui. The program ended with a highly motivational presentation by Alison Levine. The sections put together an impressive slate of presentations. These were headlined by a couple of blockbuster programs dealing with class actions and the right to bear arms. We were also able to learn about the latest technological advances and to test them out for ourselves. A special thanks goes out to each of the sections and plenary presenters for the great programs they provided. Copies of their papers can still be found on-line at www.thefederation.org This meeting will also be remembered for the fellowship shared with both old and new friends. From the start of the week, there were activities for everyone. Kids had a great time competing in the Family Olympics and the Parent-Child Bowling Tournament. Congratulations to the Varga family for winning the bowling tournament. To share all that was happening, we set up a “Twitter” account for the meeting. Check out the comments and pictures at #fdcc2013! A special emphasis of the meeting was providing opportunities for our mem-bers to meet new people. We kicked off the week with an amazing evening at the Cheyenne Mountain Zoo. Family and friends had a chance to feed more than a dozen giraffes, see lions and a host of other animals all while enjoying dinner and the spectacular view offered by this wonderful mountain zoo.

sunday, July 28 – sunday, august 4, 2013

2013 aNNual MeetiNg highlights

Scott J. KreamerBaker, Sterchi, Cowden & Ricc, LLC

Kansas City, MO






The majesty and grandeur of the Rocky Mountains was enjoyed in many dif-ferent ways - riding the Cog Railway (and even hiking!) to the top of Pike’s Peak, fly-fishing, biking, and ziplining just to name a few. Speaking of enjoying the out-doors, we were also able to experience one of nature’s most amazing creations - The Garden of the Gods - in a variety of unique ways including, by horseback and Segway. Wednesday evening brought us Ed and Maddy Kaplan’s President’s Recep-tion which was held on the stunning Broadmoor grounds. The members were able to witness a gorgeous Colorado sunset while dining on traditional Colorado favorite dishes. A neat memory of the meeting will be the late evening gatherings of old and new friends at places like The Golden Bee singing songs and enjoy-ing a fun game of bowling at a cool spot named Play. A highlight for many was our theme party at the United States Olympic Train-ing Facility. We shared a very special evening with many of America’s finest athletes. In eight different sports, we got to see up close athletes demonstrate the talents that make them the best in the world. That alone would have made for a memorable evening, but what made this event over and above was the interac-tion the athletes had with our members. We were able to talk with them and learn first-hand what made these athletes faster, higher, and stronger. Throw in a torch lighting ceremony in which Kacey Ratterree and the Wormsley family passed along an actual Olympic torch to Ed and Maddy Kaplan, and some amazing food from around the world, it was an evening we will never forget! We wrapped up the meeting with the Black Tie Dinner Dance. We were treated to some phenomenal music, including singing from Judy Garland’s niece. Most importantly, the occasion allowed us one last opportunity to celebrate the Presidency of Ed Kaplan and his wife Maddy. We owe much to both of them for all they have done for the organization. As we say goodbye to The Broadmoor, we look forward to the Winter Meet-ing in Marco Island!

— Scott and Susan Kreamer Convention Chairs





The Federation presented its 2013 I-3 Insurance Industry Symposium (“I-3”) at the New York Athletic Club in New York City on October 2-4, 2013. The I-3 provided timely, cutting edge programs for experienced, senior industry pro-fessionals. The Symposium began with a cocktail reception on Wednesday evening which was held in the New York Athletic Club Hall of Fame. The cocktail reception kicked off the networking component of I-3 which continued until the program ended on Friday. Our opening program, entitled “Tomorrow’s Issues Today,” offered a panel discussion by insurance industry leaders from several insurance companies. Mod-erated by Janet Brown, corporate counsel discussed issues which confront their companies daily and described how those issues impact their decision making. The panelists also identified issues of growing concern for insurers in the future. Marc Harwell moderated an outstanding program entitled “Managing Social Media and Company Image in Cyberspace,” which addressed the nuances of managing social media publications and their affect on insurers and corporations. Marc’s panel discussed how to respond to social media publications that affect insurers and, moreover, the consequences of not dealing appropriately with such issues and the social media fall out which can result. We ended programming on Thursday with a timely topic entitled “The Life Cycle of Cyber Exposures.” David Governo moderated a diverse panel which discussed exposure to an elusive risk that can result in significant losses for com-panies firms and clients. A cocktail reception was held at the end of the program on Thursday before all ventured forth to a night of dining in the Big Apple. On Friday, our attendees were treated to a panel discussion led by Christian Lang and Stephen Carter entitled “Windows On The World: A Global Look At International Issues.” Panelists from the United States, the United Kingdom, Swit-zerland, and Australia discussed nuances of their judicial and arbitration systems with interesting commentary and anecdotes relating to the difficulties their clients have had in operating outside their respective “home” countries. Our Symposium ended at noon on Friday with two panels which addressed as-pects of a growing problem in the insurance industry. Jennifer Johnsen and Mercedes Colwin moderated panels for a program entitled “Competing For Talent In A Shrink-ing Pool.” The program discussed growing concerns with the search for talent in our next generation of industry professionals. Discussions of issues relating to recruitment, retention and quality of life for insurance professionals were explored. The I-3 was attended by a diverse group of insurance executives and corpo-ration counsel. More information can be obtained with regard to the Insurance Industry Institute, including the papers prepared by our panels, on the FDCC’s website at www.thefederation.org Alternatively, please feel free to contact the FDCC Executive Director, Marty Streeper, I-3 Program Chairs (Kelly Dalmass, Helen Alford, and Mike Glascott), or the Insurance Industry Committee Chairs (April Elkovitch and Andy Downs).

I-3 provided timely, cutting edge programs for experienced, senior industry professionals

Michael T. GlascottGoldberg & Segalla LLP

Buffalo, NY

iNsuraNce iNdustrycoMMittee

report_from_the

Tomorrow’s Issues Today





The theme of the 10th Annual Corporate Counsel Symposium (CCS), held at the Chicago Swissotel, was “Corporations in Crisis: Protecting the Brand.” The program was an outstanding success, with keynote speak-er Bill Courtney, the subject of the Academy Award win-ning documentary “Undefeated,” challenging attendees to “do the right thing” for the right reasons, in both personal and professional lives. The presentations focused on real-world orga-

nizational crises, and lessons to be learned from these situations, which could benefit corporate counsel in representing their clients. An in-depth look at the Penn State crisis provided riveting details of how not to deal with an internally-created threat to the organization. Handling external threats, such as governmental regulatory intrusions, and the importance of the initial responses to crisis situations were also the subject of fasci-nating presentations. The Eaton v. Frisby case in Mississippi provided an object example of how excessive zeal in trying to win a complex case can lead to ruinous complications. Ethical issues were explored during an analysis of a hypothetical situation, based on a real-life case involving questionable allocations of coverages pertaining to a disaster. Presenta-tions addressing “bet the company” litigation, and fostering communication skills to avoid aggravating crisis situation were very well-received. A highlight of the CCS was a presentation by FDCC President Tim Pratt, along with Robert Schultz of State Farm and Daniel Devers of Cerner Corporation, concerning challenges confronting lawyers who accept positions as in-house counsel after careers as outside counsel with private law firms. Another highlight was a presentation by Katherine McClain of the Livestrong Foundation, describing the crisis facing that organization during and after the allegations against Lance Armstrong, and his well-publicized “confession.” Speakers included representatives of Cohn & Wolfe, Dex Media, Inter-act911, McGinn & Company, Marketing Resource Group, Inc., Boston Scientific Inc., State Farm Insurance, Cerner Corporation, Zurich N.A. Insurance Co., NationBuilders Insurance, the Illinois Attorney Registration and Discipline Com-mission, HDI-Gerling America Insurance, PNC Bank, Northeast Mississippi Daily Journal, Dryvit Systems, Inc., SPX Corporation, Burson-Marsteller, Devon Interna-tional Group, Acadian Ambulance Service, Inc., and BNSF. As always, the support of our exhibitors was crucial to the success of the CCS. Those companies were: BMC Group, Biodynamics Research Corp., CED Investigative Technologies, Inc., Engineering Systems, Inc., Exponent, Inc., Foren-sic Economic Studies, Habif, Arogeti & Wynne, LLP, Rimkus Consulting, SEA Ltd., and Thomas G. Oakes Associates. Next year, the Corporate Counsel Symposium will be presented at the Arizona Biltmore in Phoenix, AZ, September 17-19, 2014. We hope to see everyone there.

corporate couNselcoMMittee

report_from_the

J. Richard Caldwell, Jr.Rumberger Kirk & Caldwell

Tampa, FL




Value iN, more Value outAs I marvel that the entire secretary-treasurer year flashed by and we are already a quarter through this Federation year,

I’ve wanted to thank the many members from whom I’ve received e-mails, letters and notes (people really do still write them), and phone calls from members who are participating in FDCC ac-tivities. There are committee members with innovative ideas, section chairs planning great programming, and newer members wanting to learn how to become involved. We have such a wealth of talented members who are dedicated to the defense community and to the Federation. From all of those who volunteer, or who very readily agree to help when asked, I hear the same refrain – I get so very much from my membership, and the more I par-ticipate, the more I get out of it. Both professionally and personally, my life has been enriched by being part of this wonderful organization. It is truly remarkable how many of you contribute in such diverse ways, and it is true that the “pay-back” is real for those who take the time to partici-

participated and giving opportunities to those who wish to become more involved. I hope any of you who are interested in becoming more involved, or involved in a different way, will get in touch with me to talk about the many ways your Federation member-ship can become even more meaning-ful to you and to your practice. There is so much value derived from participating in the many ways that you do. Thank you for all you do to make the Federation the best de-fense organization.

— Vicki Roberts President-Elect

Victoria H. RobertsMeadowbrook Insurance Group

Scottsdale, AZ

presideNt-electfrom_the

one of the challenges and, at the same

time, opportunities for the president-elect is to appoint members

to committee and section leadership...

pate in any way. Access to our talent pool and worldwide contacts has re-sulted in referrals, not only from clients, but from other outside counsel members who are looking to refer their clients to “the best of the best” in another region. By participating more actively, you be-come better known and expand your contacts – and make more friends as well. The bonds that form are endur-ing, so that it is no surprise that hun-dreds of our members socialize with each other throughout the year, attend-ing college football games, children’s weddings, and traveling the world together. One of the challenges and, at the same time, opportunities for the president-elect is to appoint members to committee and section leadership, recognizing those who have already




I am happy to pro-vide you with this, my first report, as Secretary-Treasurer of the Federation. I am humbled by the confidence placed in me and recognize that my predecessors, par-

ticularly the person whose shoes I am filling, Vicki Roberts, have set the bar of excellence very high. I look forward to working to try to maintain the standards they have established. This report will focus on the fi-nances of the Federation as well as the survey results of our recent meeting at the Broadmoor.

Federation FinancesAt the outset, I am pleased to report that the FDCC remains financially very sound. The Finance & Budget Commit-tee met at the Summer Meeting and reviewed the various budgets. Our projects remain financially strong, our conventions have been extremely well managed both in terms of reviews (more on that below) as well as economically, and our General Fund was managed on-line almost to the penny by our Chair,Ed Kaplan. When the year-end dust cleared, Ed had managed to bring the budget to actual variance to 1/10th of 1% (to OUR favor). The precision by which he accomplished this reflects the incredible attention he brought to the task. We continue to be stewards of the Federation’s resources. As you may know, the Financial Review Subcommit-tee issued its report in 2012-2013. It

examined a number of financial issues of the organization and came up with various ideas, many which have al-ready been implemented. Among them, the Subcommittee recommended that the Finance & Budget Committee ex-pand its process of reviewing all of our project budgets during the year. While our project leaders of these events have consistently been outstanding shepherds of our resources, this strengthening of the oversight by F&B will benefit the Federation by allowing us to share positive lessons learned across other projects. Past Presidents and F&B Com-mittee veterans, Lewis Collins and Dan Kohane, will initially shoulder the re-view process. Please thank them when you have an opportunity.

Convention ReviewWe just tallied our survey results for the Broadmoor meeting and they were outstanding. Scott and Susan Kreamer and Walter and Elaine Dukes should take great pride in knowing that the result of the survey of our members was overwhelmingly positive. I want to share a few of the re-sponses with you: • 85% of the respondents rated the overall quality of the meeting “ex-cellent.” • That number was even higher for those who would return to the Broadmoor for a future meeting. Ninety-one percent of the respondents indicated they would return. •While there was praise for all of the activities, the Theme Party at the Olympic Training Center was over-whelmingly mentioned as the top event.

• The survey reflects that we con-tinue to have more of our members interact with the exhibitors but we can still do better. Keep in mind that these exhibitors provide a tangible immedi-ate benefit to us by helping defray the cost of our meetings. In addition, the long-range benefit is that you develop business relationships with people who will provide excellent service to you and your clients. At the next meet-ing – Marco – please take time to talk to our exhibitors. They are friends of the Federation.

UpcomingThere are great meetings on the horizon. Marco Island is right around the corner and we will see everyone there in early March. While I have the opportunity, I want to help you plan ahead. In the winter of 2016, the Federation will go to the Hotel Del Coronado in San Diego, California, one of our country’s National Historic Landmarks. This will be the Federa-tion’s first trip to this stately resort. Then, in the summer of 2016, we will return to the Fairmont Le Manoir Richelieu which is nestled majestically between the sea and the mountains in La Mal-baie, Quebec. Both of these meetings will be at world class venues in excit-ing locations. Start thinking ahead. Finally, I encourage any to you to touch base with me if you have any questions about the Federation or how to get involved. I look forward to see-ing you all again soon.

— Steve Farrar Secretary-Treasurer

secretary-treasurerfrom_the

Steven E. FarrarSmith Moore Leatherwood LLP

Greenville, SC




four years rotation through the federation officers’ chairs has been a wonderful journey for Maddy and me.

I thought it might be helpful tothose considering moving toward an Officer role to provide a brief descrip-tion of what could lie ahead. As Secretary/Treasurer, you take responsibility for and begin to unravel the financial elements of the Federation. You also participate (as an officer) in some of the decision making that oc-curs on a day-to-day basis. You chair the Finance and Budget Committee meeting at the Winter and the Annual meetings; and participate in an Officer Retreat (for planning purposes) and a yearly Evaluation meeting where the five past presidents, the officers, the Executive Director, and the most recent Meeting Chairs meet to discuss the cur-rent state of the organization and steps to consider for its improvement. When you become President-Elect, you begin to appreciate the relationship of our organization to our sisters and to the place the Federation holds in the broader defense com-munity. You will join with the ADTA, IADC, and DRI at its meetings and represent the FDCC. As President Elect (and for the two years thereafter), you have a position on the Boards of DRI

and LCJ (Lawyers for Civil Justice) at-tending three DRI and two LCJ board meetings each year. One of your ma-jor efforts is appointing Chairs for the next year’s substantive and administra-tive committees. The Presidency brings with it some continuing and many new responsibili-ties. Your travel responsibilities won’t change much from the preceding year, but you will be actively speaking on behalf of the Federation at the meet-ings you attend. You also participate in a daily stream of e-mails from mem-bers needing responses or from those needing decisions. You are the point person to make the final decisions (in consultation with the other officers and Executive Director) on numerous matters of importance to the Organization. In addition, you work closely with your Meeting and Program Chairs to put together “your” Winter and Annual Meetings. If you have put forward any new initiatives, will work with others to make them as successful as possible and you oversee our other important conferences (such as the Corporate Counsel Symposium, the Insurance Symposium, and the Litigation Man-agement College). Mercifully, within a week or so of the time you have completed your presidency, it is amazing how quickly the e-mails stop. There are few, if any, decisions that you need to be make and you are instantly (and happily) a “has been.” I am thoroughly enjoying my role as Chairman of Board and the lack of attention my new position receives! My responsibilities are to con-

tinue to contribute as an officer, serve on several committees, and chair the Board of Directors’ meetings. One note about my role as Chair-man of the Board, in 2004, then President Jean Lawler initiated a train-ing process so that our Board would spend less time receiving reports and more time addressing, discussing, and resolving issues important to the Federation. During my term, I plan to fully return to a participatory board which will address and resolve issues. Our Board meetings are open to any member of the Federation. Although probably not as exciting as a good round of golf, or even sitting on the beach with a good book, if you are curious stick your head in and see what it’s all about. No one will ask you any embarrassing questions or force you to make any comments. One final thought…it sounds like a lot of work, and to some extent, it is. However, it is an unbelievable op-portunity filled with so many wonderful new friendships and highlights along the way. Best of all, you get to rep-resent a great organization. Thanks for the honor you provided to Maddy and me.

— Ed Kaplan Board Chair

board chairfrom_the

Edward M. KaplanSulloway & Hollis PLLC

Concord, NH




the Value of fdcc MeMbership

My membership in the Federation has paid immediate dividends. Starting with attendance at my initiation and first FDCC event in July 2013, I have become acquainted and had personal in-

teractions with numerous attorneys who provide legal services to my company. Membership has also provided me a wealth of connections to qualified and experienced attorneys who I know are of high standing and good character within the legal community. My network

I sought to join the FDCC for three primary reasons. First, the FDCC stands for excellence: Its attorneys are the most trusted of advisors. FDCC mem-

bership provides the chance — both through formal programming and personal relationships — to learn what makes these great lawyers so successful. In short, the FDCC will make me a better lawyer. Second, the FDCC is client-centered. Its membership intentionally includes corporate clients. One of its featured events is an annual Corporate Cli-ent Symposium. Delivering value to clients — the touchstone for a successful legal practice — is the centerpiece of the FDCC’s mission. Finally, I am drawn to the FDCC’s commitment to fellowship. Our lives — legal and non-legal — revolve around relationships. The FDCC not only acknowledges the importance of relationships, but also designs its very purpose around them. FDCC members aren’t merely collegial to each other; they’re friends — often lifelong friends. My wife, Leah, and I look forward to getting to know, on a personal level, the members of this organization. These personal relationships will enhance all of our lives.

I believe that I may have been predestined to be a defense attorney. My parents were indelibly impacted by the Great Depression and their childhood experiences, and they passed on the lesson that life was sometimes tough and there were no guarantees, despite one’s best efforts, intentions, and hard work. My mother, who was raised in a hard-working Midwest-ern farming community, lost her beloved father and brother in an accident before turning ten. My paternal grandparents emigrated from Croatia and my grandfather led the proverbial tough life as a young man working in a coal mine and later, as a farmer. They instilled a strong work ethic in their ten children,

and with an almost religious fervor, demanded that they all attain the highest educa-tion for which they could strive. This tradition was handed down to the next genera-tion as the defense and honor of the American ethos was ingrained in me and each of my five siblings, all of whom attended college and most, graduate school. Throughout the years, my inclined defensive stance has only grown, as has the realization that we all can only achieve our best by working together. One of the best aspects of the FDCC is the sincere camaraderie that imbues each gathering. At my first meeting, it became very apparent that these talented, accomplished lawyers are not just at the top of their respective games, but are truly friends with each other and add a sense of balance to each other’s busy legal practice. I am proud to be an FDCC member. I look forward to being an active one, to the superb legal presen-tations in spectacular venues, and to my many new FDCC friends.

of attorneys, both in private practice and in-house, has expanded tremendously through the organization by way of individual meetings and referrals. Addi-tionally, I feel a tremendous comfort level utilizing or referring Federation attorneys who I know are some of the best in the profession. On a personal level, I have already established friendships that I anticipate will last a lifetime. More than any other legal organization in which I have held membership, the Federation offers a level of professional excellence and genuine camaraderie like none I have ever experienced. As the saying goes, “membership has its privileges,” but it is my privilege to be a member.

Amy L. MiletichMiletich Cohen PC

Denver, CO

Stephen FeldmanEllis & Winters, LLP

Raleigh, NC

Alan BryanWal-Mart Stores, Inc.

Bentonville, AR




ON COLOR BACKGROUND

ON WHITE BACKGROUND

Corporate CouNselMark f. brancatoFLSmidth Inc., Bethlehem, PASponsors: Edward J. Currie, Jr.; Russell B. Morgan

james e. cockeERMC Property Management Co., LLC, Chattanooga, TNSponsors: Edward J. Currie, Jr.; Elizabeth F. Lorell

lori a. edwardsGlatfelter Claims Management, Inc., York, PASponsors: Edward J. Currie, Jr.; Sam Hoar

robert g. fisherScottsdale Insurance Company, Scottsdale, AZSponsors: Edward J. Currie, Jr.; Jay R. Sever

Michael e. kleinAltria Client Services Inc., Richmond, VASponsors: Michael I. Neil; Clark R. Hudson

paul a. konopkaViaSat, Inc., Carlsbad, CASponsors: Michael I. Neil; Clark R. Hudson

james g. koutrasCristal USA Inc., Hunt Valley, MDSponsors: Robert T. Franklin, Esq.; Paul Finamore, Esq.

joshua e. kranzHisco, New York, NYSponsors: Andrew B. Downs; Mercedes Colwin

Miguel a. QuinonesSeaRiver Maritime, Inc., An Exxon Mobil affiliate, Houston, TXSponsors: Rene J. Mouledoux; James L. Chapman, IV

DefeNse CouNselemile h. banks, jr.Emile Banks & Associates, LLC, Milwaukee, WISponsors: Barrett J. Corneille; Michael L. Eckert

charles t. blairTroutman Sanders LLP, Washington, DCSponsors: Edward H. Starr; Victoria H. Roberts

clinton V. cox, iVFee, Smith, Sharp & Vitullo, L.L.P., Dallas, TXSponsors: Kurt M. Rozelsky; Carlos Rincon

Michael j. denningHeyl, Royster, Voelker & Allen, Rockford, ILSponsors: Robert V. Dewey, Jr.; Gary D. Nelson

celeste d. elliottLugenbuhl Wheaton Peck Rankin & Hubbard, New Orleans, LASponsors: Victoria H. Roberts; Jay Sever

james (“rick”) r. harmonThompson, Coe, Cousins & Irons,L.L.P., Dallas, TXSponsors: R. Wayne Gordon; William J. Kautter

stephen j. heineHeyl, Royster, Voelker & Allen, Peoria, ILSponsors: Edward M. Kaplan; Robert H. Shultz, Jr.

keith k. hiraokaRoeca Luria Hiraoka LLP, Honolulu, HISponsors: Wesley H.H. Ching; Peter W. Olson

kay c. jenkinsAtwood, Malone, Turner & Sabin, PA, Roswell, NMSponsors: Nicole M. Charlebois;Robert E. Sabin

lonnie d. johnsonClendening Johnson & Bohrer, P.C., Bloomington, ILSponsors: John C. Trimble; Steve E. Springer

sheila t. kerwinNilan Johnson Lewis PA, Minneapolis, MNSponsors: Heidi G. Goebel; Angela B. Brandt

ky e. kirbyBingham McCutchen LLP, Washington, DCSponsors: Deborah D. Kuchler; M. Elizabeth Medaglia

kathleen a. langDickinson Wright, PLLC, Detroit, MISponsors: James E. Lozier;John P. Jacobs

caryn lillingMauro Lilling Naparty LLP, Woodbury, NYSponsors: Dan D. Kohane; John V. Fabiani

welcoMe New MeMbers




gregory t. lusbyArnold Gallagher, PC, Eugene, ORSponsors: Ralph S. Spooner; Frank A. Moscato

jane M. lynchGreen & Green, Lawyers, Dayton, OHSponsors: W. Roger Fry; K. Roger Schoeni

sawnie a. McentireBeirne, Maynard & Parsons, L.L.P., Dallas, TXSponsors: W. Michael Scott; Carlos Rincon

thomas p. MillerChristie Law Group, PLLC, Seattle, WASponsors: Robert Christie; David A. Thorner

gary t. MontgomeryThompson & Colegate LLP, Riverside, CASponsors: John W. Marshall; James P. Collins

daniel j. o’connorO’Connor & Campbell, P.C., Phoenix, AZSponsors: Donald Myles; Carl Mariano

arthur j. reliford, jr.Swanson, Martin & Bell, LLP, Chicago, ILSponsors: Violet M. Clark; Thomas H. Neuckranz

john w. scottScott Dukes & Geisler, P.C., Birmingham, ALSponsors: Laura A. Foggan, Esq.; Beverly P. Baker

andrew j. sinor, jr.Hand Arendall, LLC, Birmingham, ALSponsors: Michael C. Niemeyer; Charles A. Burkhart

robert b. stockVogel Law Firm, Fargo, NDSponsors: Dan Vogel; Edward J. Currie, Jr.

christopher d. stofkoDickie, McCamey & Chilcote, Pittsburgh, PASponsors: Brett J. Preston; Nancy R. Winschel

robert l. walshJones Walker, LLC, New Orleans, LASponsors: John G. Gomila, Jr.; Steven F. Casey

david l. warren, jr.Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, ALSponsors: Beverly P. Baker; Helen Johnson Alford

gordon l. welbornHart Wagner, LLP, Redmond, ORSponsors: Ralph S. Spooner; Frank A. Moscato

INDustryjames l. wrightDavid Morse & Associates, Glendale, CASponsors: Jerry Valentini; Jay Sever

YEAR MEMBERS

JohN arNess

Charles Damsel

roy hammoND

forrest NormaN

Charles tINDall

staCy wIllIams

how do you like the new look and feel of the federation flyer? Let us know your thoughts, impressions, and suggestions. Please share your news and accomplishments for possible inclusion in future issues of The Flyer. Our goal is to highlight members as well as to demonstrate the impact of the FDCC on our members. Your contributions are encouraged and wel-come. Please direct such communication to The Flyer’s Editor, Greg Witke at [email protected]

Gregory A. WitkePatterson Law Firm

Des Moines, IA


Back row standing:Bob Christie, Ned Currie, Michael Scott, Howard Merten, Andy Downs, Walter Dukes, Steve Farrar,

Ed Kaplan, Mills Gallivan, Michael Glascott, Leslie Packer, Bruce Celebrezze, and Scott Kreamer

Front seated:Elizabeth Lorell, Vicki Roberts, Marty Streeper, Tim Pratt, and Deb Varner

Missing:Deb Kuchler, Don Myles, Todd Roberts, and Brett Preston

A publication of the Federation of Defense & Corporate Counsel

2013-2014officers & board of directors

11812 North 56th StreetTampa, FL 33617

Send your comments regarding the Flyer to: Gregory Witke — [email protected]

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new look, new feel, new things · cap party” for libations and delectable desserts. on thursday...

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