American Conference Institute's Advanced Forum on LPL – Legal Malpractice

November 19 – 20, 2014

Agenda

Day 1 - Monday, January 27, 2014

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Day 2 - Monday, September 29, 2014

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Day 3 - Wednesday, November 19, 2014

7:30	Registration and Continental Breakfast
8:00	Chairs’ Welcoming Remarks
8:05	OPENING YEAR-IN-REVIEW AND STRATEGYSESSION: The Relationship Between InsuranceCompanies and Outside Counsel, Limiting Liability,Managing Litigation, New and Emerging DisclosureRequirements, the Claims Review Process, EvolvingCase Law, and More
9:15	Insurance Marketplace Update: Trends in Claims,Coverage and Underwriting in the LPL Market
10:30	The Latest Cyber and Privacy Threats Being Facedby the Legal Community: Novel Risk ManagementPractices and Recent Developments in Cyber/PrivacyInsurance for Lawyers
11:45	Social Media for Lawyers: Limiting Exposure toLiability and the Latest Insurance Coverage IssuesBeing Raised
1:00	Networking Lunch for Attendees and Speakers
2:00	Disciplinary Actions: What to Do When You Receivethe Notice from Your State Bar
3:05	Coverage Implications for Non-Client Litigation
4:05	Afternoon Break
4:15	View From the Plaintiff’s Bar: Adapting Your Claimsand Litigation Strategies to New and InnovativeTheories Being Brought by Your Adversaries
5:00	A Practical Due Diligence Checklist on Preventingthe Most Common Attorney Errors in Civil Litigation
6:15	Conference Adjourns

Day 4 - Thursday, November 20, 2014

7:30	Registration and Continental Breakfast
8:00	View from the Bench: An Unparalleled Opportunityto Hear How Judges Interpret Arguments in theLegal Malpractice Litigation Context
9:40	Morning Break
9:45	Best Practices in Risk Management:Avoiding LPL Claims
10:25	When Lawyers and Law Firms Are Subject to Criminal Investigations and Prosecutions
11:15	ONE HOUR OF CLE ETHICS: The Interplay BetweenEthics and LPL Claims and Protecting AgainstDamage from Companion Ethics Cases
12:15	Conference Ends

Day 1 - Monday, January 27, 2014

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10:00	BBBBBBBBBBBBBB

Day 2 - Monday, September 29, 2014

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Day 3 - Wednesday, November 19, 2014

7:30	Registration and Continental Breakfast
8:00	Chairs’ Welcoming Remarks Dennis R. McCoy Partner Barclay Damon, LLP
8:05	OPENING YEAR-IN-REVIEW AND STRATEGYSESSION: The Relationship Between InsuranceCompanies and Outside Counsel, Limiting Liability,Managing Litigation, New and Emerging DisclosureRequirements, the Claims Review Process, EvolvingCase Law, and More Larry Fine Global Head, Professional Liability Claims AIG Property Casualty Laura M. Simon Executive Vice President B&B Protector Plans, Inc., d/b/a Lawyer's Protector Plan John C. Minett SVP and Counsel - Professional Liability Claims Manager Endurance Services Ltd. Timothy J. Gephart Vice President – Claims Minnesota Lawyers Mutual Insurance Company Panel Moderator Edward J. Zulkey General Counsel Emeritus Baker & McKenzie
9:15	Insurance Marketplace Update: Trends in Claims,Coverage and Underwriting in the LPL Market Daniel M. Zureich President and CEO Lawyers Mutual Liability Insurance Company of North Carolina Stephen S. van Wert Lawyers Professional Liability Insurance Program Manager Willis Kurt B. Bounds Vice President, Business Development ISBA Mutual Insurance Stuart Pattison Senior Vice President Endurance Worldwide Insurance Scott R. Ammer Vice President Financial Services ECC Insurance Brokers, Inc. Milind Pandya SVP - Head - Small & Mid Size Lawyers Professional Liability SwissRe Susan Kilano Vice President Ahern Insurance Brokerage Emerging claims new products and potential causes of action Recent trends in underwriting Self-insured retentions
10:30	The Latest Cyber and Privacy Threats Being Facedby the Legal Community: Novel Risk ManagementPractices and Recent Developments in Cyber/PrivacyInsurance for Lawyers Carl E. Metzger Partner Goodwin Procter LLP David T. Vanalek Claims Manager, Global Management Liability Markel Corp. Kim G. Quarles Senior Vice President Willis Towers Watson Margaret A. Reetz Attorney Kerns Frost & Pearlman, LLC Chris Andrews Vice President, Professional Liability Manager Lexington Financial Lines David J. Rock Esq. Assistant Vice President, Errors and Omissions Claims Allied World Insurance Company The disturbing trend of frequent and large-scale data breaches Assessing the risks associated with: Simple negligence Rogue employees Not encrypting sensitive data Increased use of electronic databases that store vast amounts of information Outsourcing information technology Examining the latest developments in cyber/privacy insurance coverage – knowing what types of coverage are available, and assessing what you might need and when Data compromise protection Third-party liability coverage Network asset protection Cyber extortion coverage Multimedia insurance Risk management practices for attorneys to protect against privacy and data security exposures Cloud computing
11:45	Social Media for Lawyers: Limiting Exposure toLiability and the Latest Insurance Coverage IssuesBeing Raised Brian J. Dusek Partner McCullough, Campbell & Lane LLP Regan E. Miller Managing Director Wortham, L.L.C. Joseph A. Starr Partner Starr, Butler, Alexopoulos & Stoner, PLLC Brett A. Scher Partner Kaufman Dolowich & Voluck LLP Sally Field Legal Professional Liability Leader Attorney Protective Kim K. Noble SVP - Underwriting Argo Pro Assessing the risks to employers when employees discuss work-related issues online Managing client data and maintaining attorney-client privilege Potential defamation liability The discoverability of social media communications BYOD issues related to social media Addressing the gap in the GL form that excludes interactive media coverage Best practices in drafting firm policy and social media policies The effect of interactive media coverage on firm risk managers Insurance issues Insurance impacted and coverage issues raised Reputation, endorsements and testimonials
1:00	Networking Lunch for Attendees and Speakers
2:00	Disciplinary Actions: What to Do When You Receivethe Notice from Your State Bar Joseph J. Hester Attorney-At-Law In Private Practice John S. Gleason Of Counsel Colorado Supreme Court OARC Joseph P. Garin Partner Lipson, Neilson, Cole, Seltzer & Garin, P.C. Michael S. Ross Chairman, Dept. of Ob.Gyn UCLA Medical Center Steven M. Carpenter Claims Attorney Oregon State Bar Professional Liability Fund Tips and strategies on how to best defend lawyers against grievances and disciplinary actions addressing issues of communication, diligence, trust accounts and other Disciplinary Rules of Professional Conduct Non-lawyers and the unauthorized practice of law Legal outsourcing The authorized practice of law v. the unauthorized practice of law Who may provide legal services?
3:05	Coverage Implications for Non-Client Litigation Shauna J. Reeder Assistant Vice President CNA Diana C. Manning Member Bressler, Amery & Ross, P.C. Daniel B. Meyer Meyer Law Group LLC Kevin Flynn Equity Partner Mendes & Mount, LLP In-concert liability claims against lawyers Assessing and defending against “aiding and abetting breach of fiduciary duty” claims Counterclaims Malicious prosecution claims Coverage under typical LPL policies for claims by non-clients
4:05	Afternoon Break
4:15	View From the Plaintiff’s Bar: Adapting Your Claimsand Litigation Strategies to New and InnovativeTheories Being Brought by Your Adversaries John K. Villa Partner Williams & Connolly LLP Andrew Lavoott Bluestone Attorney At Law Bluestone Law Firm Claims other than legal malpractice including defamation, negligent misrepresentation, and breach of a fiduciary duty Alternative remedies to LPL suits Emerging theories of liability and recent trends in the areas of: Real estate transactions Trusts & Estates proceedings Matrimonial actions and “settler’s remorse” Judiciary law section 487 claim Family law cases Mergers and acquisitions
5:00	A Practical Due Diligence Checklist on Preventingthe Most Common Attorney Errors in Civil Litigation Eileen Garczynski Partner & Sr. Vice President Ames & Gough Clifford B. Cohn Founder Cohn & Associates James R. Kahn Partner Margolis Edelstein Elliot R. Schiff Founding Partner Schiff Gorman LLC Dennis R. McCoy Partner Barclay Damon, LLP Civil litigation is one of the most prevalent areas for legal malpractice claims, and attorneys must be especially careful to consider and analyze all aspects of representation. Learn how to incorporate a proven practical checklist on preventing the most common malpractice claims.
6:15	Conference Adjourns

Day 4 - Thursday, November 20, 2014

7:30	Registration and Continental Breakfast
8:00	View from the Bench: An Unparalleled Opportunityto Hear How Judges Interpret Arguments in theLegal Malpractice Litigation Context Hon. Sandra Moss (ret.) First Judicial District of Pennsylvania Philadelphia Court of Common Pleas, Trial Division - Civil The Honorable John Younge Judge First Judicial District of Pennsylvania Philadelphia Court of Common Pleas, Trial Division - Civil (Philadelphia, PA) Hon. Clifton Newman South Carolina Jud. Dept. Honorable Dennis A. Graham Judicial Branch, State of Colorado Colorado Court of Appeals Honorable Michael G. Williamson United States Bankruptcy Court Middle District of Florida The Honorable Robert B. Collings Magistrate Judge United States District Court, District of Massachusetts Honorable Timothy C. Batten United States District Court Northern District of Georgia Honorable Michael M. Baylson Senior Judge United States District Court for the Eastern District of Pennsylvania Honorable Warren W. Eginton United States District Court District of Connecticut Hon. Roslyn O. Silver U.S. Dist. Ct., D Ariz. Moderator A. Michael Furman Partner Furman Kornfeld & Brennan LLP
9:40	Morning Break
9:45	Best Practices in Risk Management:Avoiding LPL Claims Michael Barrett Director of Risk Control, Professional Services, Lawyers CNA Jonathan B. Bruno Partner Kaufman Borgeest & Ryan LLP Reducing risk of exposure to malpractice claims Identifying risks with clients Identifying risks with firm partners and employees Risk management and risk mitigation strategies Special considerations for high densities of sensitive data in the areas of Trust & Estates, Business Law and Litigation and M&A
10:25	When Lawyers and Law Firms Are Subject to Criminal Investigations and Prosecutions Peirce R. Moser Assistant District Attorney, Chief, Tax Crimes Unit Office of the New York County District Attorney Reviewing criminal statutes and criminal penalties How law firms deal with attorney conduct that could be criminal The impact of the crime fraud exception on the attorney client privilege Settlement agreements in the context of criminal investigations
11:15	ONE HOUR OF CLE ETHICS: The Interplay BetweenEthics and LPL Claims and Protecting AgainstDamage from Companion Ethics Cases Anthony P. Colavita Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. Michael P. Downey Founder Downey Law Group LLC Lisa L. Shrewsberry Partner Traub Lieberman Straus & Shrewsberry LLP Richard A. Simpson Partner Wiley Rein LLP The relationship between an ethics complaint and a legal malpractice claim The impact of a companion ethics case on a legal malpractice claim Use of ethics opinions and rules in the litigation of legal malpractice
12:15	Conference Ends

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