WEDNESDAY, JULY 10, 2024

10:15 A.M. – 11:00 A.M. | Avoiding Privilege Confusion in Legal Malpractice Cases

Attorney-client privilege is a fundamental principle in the legal profession; however, in legal malpractice cases, where an attorney’s actions or omissions may be called into question, ethical considerations are in the forefront for success. This interactive discussion will dive into what can and cannot be produced in these cases and share best practices based on experience.

Facilitators

• Zack Lewis, Bovis Kyle Burch & Medlin, LLC (Atlanta, GA)
• David S. Wilck, Rivkin Radler (Uniondale, NY)

11:15 A.M. – 12:00 P.M. | Finding a Fair and Impartial Jury

The psychology of jury selection is complex because it involves the investigation of a potential juror’s mind and how they process information, their biases, personal experiences and histories, digital thumbprint, age, race, and many other facets. Given the escalation of nuclear verdicts in product and complex Tort cases, this session will explore how emotion appeals and other factors can sway jurors’ opinions and what best practices can be implemented to combat this behavior.

Facilitators

• Lisa D. Angelo, Murchison & Cumming, LLP (Los Angeles, CA)
• Oscar J. Cabanas, Wicker Smith (Miami, FL)
• Keith C. Pounds, PhD, Sr. Jury Consultant, IMS Legal Strategies (Chicago, IL)

2:30 P.M. – 3:45 P.M. | Artificial Intelligence

Anticipated Legal Malpractice Claims Arising Out of the Use of AI

This session will discuss strategies for defense counsel to mitigate malpractice risks when implementing AI technologies. Through interactive discussion, we will examine potential risks including errors in AI-generated documents, inaccurate legal research outcomes, ad reliance on flawed predictive algorithms.

Facilitators

• John Carter Krawczyk, Fee, Smith & Sharp, L.L.P. (Dallas, TX)
• Karen P. Randall, Connell Foley LLP (Roseland, NJ)

Ethics Dos and Don’ts

This session will discuss the importance of transparency and accountability in AI decision-making processes, including disclosing the use of AI tools to clients and ensuring clear communication about the limitations and risks of AI-generated outcomes. We will discuss AI policies across the United States and recommendations for conducting due diligence in selecting AI tools, robust training and supervision of AI systems, and ongoing monitoring and assessment of AI-generated outcomes. (This session is pending .75 CLE Ethics credit.)

Facilitators

• Karen P. Randall, Connell Foley LLP (Roseland, NJ)
• Michael D. Riseberg, Rubin and Rudman LLP (Boston, MA)

4:00 P.M. – 5:00 P.M. | The Great Generational Talent Shift and Its Impact

With the mass exodus of Baby Boomers into retirement and the rise of Gen Z in the workforce, a generation of digital natives who are wired for change is emerging. Gen Z, the largest generation in history, born between 1997 and 2012, has witnessed economic instability, climate change, and technological revolution firsthand. Join this interactive session as we discuss the impact of this shift and how it is affecting organizations of all shapes and sizes.

Facilitators

• Kevin L. Fritz, Lashly & Baer, P.C. (St. Louis, MO)
• Eliot M. Harris, Williams Kastner (Seattle, WA)
• Dan L. Longo, Murchison & Cumming, LLP (Los Angeles, CA)

THURSDAY, JULY 11, 2024

8:00 A.M. – 8:45 A.M. | Aligning Relationships – Top Wish List Items from Claims Handlers and Defense Counsel

Relationships and increased communication between claims handlers and defense counsel provides successful outcomes for everyone. This dynamic session will address the “wish lists” from both sides and discuss the value of critical elements, such as litigation budgets, deadlines, case evaluations, and more.

Facilitators

• Nicholas A. Gumpel, GC Specialty, a division of Gallagher Bassett (Houston, TX)
• Kenneth A. Perry, Amundsen Davis (Chicago, IL)
• David S. Wilck, Rivkin Radler LLP (Uniondale, NY)

9:00 A.M. – 10:30 A.M. | Litigation Strategies

Impact of Key Early Decisions

Decisions made early in litigation can significantly impact the outcome of a case. This interactive discussion will explore best practices for early analysis and strategic objectives. We will discuss key early decisions, such as jurisdictional issues, whether a matter is tried in federal or state court, why it is important to access the caliber of witnesses and what documents exist early, when to call in an expert, whether to utilize video in deposition or in trial, and more.

Facilitators

• Keely E. Duke, Duke Evett, PLLC (Boise, ID)
• Bradley A. Wright, Roetzel & Andress (Cleveland, OH)

Considerations in Selecting Mediation

Selecting mediation or a mediator in a professional liability case is a critical decision that will affect the outcome. This session will address advantages and disadvantages of mediation and what characteristics to consider when selecting a mediator.

Facilitators

• Charles S. Levine, Liberty Mutual Insurance (New York, NY)
• Barry I. Levy, Rivkin Radler LLP (Uniondale, NY)
• Thomas L. Oliver, II, Carr Allison (Birmingham, AL)

10:45 A.M. – 11:30 A.M. | Burning Issues

Back by popular request, this session will provide interactive discussion on the most recent topics in professional services liability, such as new and interesting cases, professional services exclusions, etc. We will survey participants a few weeks prior to the event.

Facililitator

• Brandon R. Gottschall, Sweeny Wingate & Barrow, P.A. (Columbia, SC)
• Scott Barabash, Aspen Specialty Insurance (San Francisco, CA)