A few shots from some of our recent Foundation Cooking and Conversation classes!
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The IADC has adapted to bring you virtual value and connection in as many ways as possible, and you've actively participated and engaged. Thank you for your commitment and involvement during our one hundredth year.
2020
Support the IADC Foundation As you plan your end-of-year giving, please consider making a donation to the IADC Foundation. The Foundation of the IADC works to support the rule of law and access for all to a fair and just legal system through education and research, strategic partnerships, and relevant projects. Your donations help support projects such as iCivics, the United Nations Education for Justice campaign, National Foundation for Judicial Excellence, IADC Webinars, and more. DONATE TODAY
President's Message Resources | what you may have missed Welcome | new members of the IADC Upcoming Events | engage and connect IADC Successes | your accolades, courtroom wins, and pro bono accomplishments And more inside...
What's Inside
Issue Four
While much has changed in 2020, delivering value is still mission critical for the IADC. As the year comes to an end, I want to thank you for your membership in the Association. This year has truly shown us that the IADC connection is resilient, largely due to your continued participation and engagement with the virtual benefits and opportunities we have offered. We implemented a variety of changes this year, one of which was the expansion of the Think IADC First initiative. We report referrals within the organization in our weekly publications. These “Think IADC First Referral Successes,” which anonymize the referring attorney and the receiving attorney but describe the nature of the referral, are strong evidence of the value of IADC membership. We also have started featuring member spotlights, which any member can submit, to give you visibility, build your network, and increase your opportunity for referrals. We have also worked to create many opportunities for people to get to know each other, since relationships breed referrals. Our virtual Regional Meetings and social events such as the Foundation Cooking and Conversations have been great occasions for people to introduce themselves and what they do. We even had a referral right in the Zoom chat during one event! I encourage you to do all you can to get the most out of your membership in order to build relationships and expand your professional network. For more information on the Think IADC First program and for some Think IADC First Referral Successes from the past year, please visit the Think IADC First page on the IADC website. If you have a referral success to share, email Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org. Best, Andrew Chamberlin IADC President
2020 | Issue Four
President's Message
2021 Midyear Meeting - Going Virtual
The IADC Midyear Meeting will now be on your computer, and it will be all virtual from February 14 to 19. We will be providing CLE, networking, and social opportunities through an upgraded virtual meeting platform. While usually our major meetings are limited to the certain percentage of members who can attend in person, the Virtual Midyear Meeting and its benefits will be accessible to all members. The meeting will include: Major CLE Sessions and Committee CLE Sessions that will be either offered on-demand or shown live. That means you will have access to more than 20 hours of interesting and informative CLE that you can watch ON YOUR OWN SCHEDULE. CLE will be available to view both during and after our official meeting dates. Social and business development activities set in a variety of time zones so all members have a chance to interact with other IADC members. Many events and activities will incorporate the flavor of Miami and its surrounding area. Special activities for newer members. You don’t need to delay getting involved in the Association just because we aren’t meeting in-person right now. For more information and updates, please visit the 2021 Midyear Meeting event page on the IADC website. Registration will open in early January.
The Empowerment Collaborative The IADC’s Diversity, Equity and Inclusion Committee launched its new initiative, The Empowerment Collective (TEC), in December during its December 15 active ally program, How to Be an Active Ally to Women. The TEC’s goal is to further enhance equity in the legal profession by enhancing the development of skills, professionalism, and camaraderie of IADC’s women and help facilitate their continued personal and professional success inside and outside the IADC. The TEC will sponsor targeted programming, networking events, and collaborations with male IADC members. If you want to get involved in the TEC, please contact Heidi Friedman, Vice Chair of The Empowerment Collaborative. For Diversity, Equity and Inclusion resources, click here.
Member Spotlight
The IADC's Member Spotlight program is designed to introduce and focus attention on members. Fill out the brief Member Spotlight Form to be featured next!
Think IADC First is a program designed to encourage our members to consider fellow members when the opportunity arises to refer business. These successful referrals are strong evidence of the value of IADC membership. We are sharing these successes on our social media platforms. If you have a referral success to share, email ahatfield@iadclaw.org. To learn more about the Think IADC First program, click here.
Think IADC First
Committee Newsletters
Over-Naming in Ohio Asbestos Litigation: A Legislative Solution is Needed By: Laura Kingsley Hong and Mary Margaret Gay Civil Justice Response Committee and Toxic and Hazardous Substances Litigation Committee Illinois Appellate Court Dismisses Battery Claim Arising From Use of New Medical Device By: Mark D. Hansen and Emily J. Perkins Medical Defense and Health Law Committee The "Jerk and Jolt" Defense: Relief from a Bumpy Road By: Floyd G. Cottrell Transportation Committee Pentagon Faces Quandary in Adequately Addressing PFAS-Contaminated Water Resources at Hundreds of Bases and Surrounding Communities By: Jeffrey M. Karp and Edward Mahaffey Toxic and Hazardous Substances Litigation Committee What Information from an NTSB Report is Admissible Evidence in Court? By: Susan Hofer and Mica Worthy Transportation Committee Anxiety to Develop a Disease in the Future: A New Toxic Tort Trend By: Sylvie Gallage-Alwis and Deborah Azerraf Toxic and Hazardous Substances Litigation Committee Is Your Construction Project Snakebit? - How to Tell and How to Respond By: William S. Thomas Construction Law and Litigation Committee Industry Under Attack Scores Important Win in California Supreme Court By: Constance A. Endelicato Medical Defense and Health Law Committee Vermont Court Rules That Commercial Landlord Cannot be Liable for Injury to Retail Tenant’s Invitee Involving Tenant’s Operations on Premises By: Walter Judge Business Litigation Committee Thinking Ahead: Dispute Resolution After the Corona Crisis By: Professor Dr. Jörg Risse and Professor Dr. Antje Baumann International Arbitration Committee Is the Role of Independent Contractors Being Extinguished? By: Heather C. Devine Transportation Committee Vermont Supreme Court Holds That “Combined Single Limit” and “Limits of Liability” Provisions in UIM Policy Cap Auto Insurer’s Total UIM Payout, Despite Multiple UIM Claimants By: Walter Judge Insurance and Reinsurance Committee The Flint Water Crisis – Is $600 Million Enough? By: Stephanie A. Fox Toxic and Hazardous Substances Litigation Committee Opioid Litigation and Future of Bellwether Litigation By: Scott K.G. Kozak and Khristopher Johnson-DeLoatch Medical Defense and Health Law Committee
what you may have missed
Resources |
Litigation Immunity for Social Media Platforms in the US and Beyond Presented by - Amicus Curiae Committee and Cyber Security, Data Privacy and Technology Committee Moderator: Peter J. Pizzi, Walsh Pizzi O'Reilly Falanga LLP Presenters: Daphne Keller, Stanford Law School - Stanford Cyber Policy Center and David McCraw, The New York Times PDF of Presentation | Webinar Recording | Password: BR9zvTr? Update on Immigration Law for Pro Bono Practitioners Presented by - Social Justice Pro Bono Committee Presenters: Robert Redmond, McGuireWoods LLP and Lynn Semptimphelter Kopon, Kopon Airdo, LLC PDF of Presentation | Webinar Recording | Password: Qe$E4.A& Sales Reps Beware: Expanding Theories of Liability in Drug and Device Cases Presented by - Drug, Device and Biotechnology Committee, Product Liability Committee, and Trial Techniques and Tactics Committee Presenters: Meera Sossaman, Irwin Fritchie Urquhart & Moore LLC and Sean Kennedy, Bristol Myers Squibb PDF of Presentation | Webinar Recording | Password: #D2AB&71 Wearable Tech: A Wellness Tool for Consumers...but a Liability Minefield for Manufacturers? Presented by - Drug, Device and Biotechnology Committee, Product Liability Committee, and Trial Techniques and Tactics Committee Moderator: Whitney Frazier Watt, Stites & Harbison, PLLC Presenters: Jarod G. Goff, Garmin International and Richard J. Underwood, Exponent PDF of Presentation | Webinar Recording | Password: m0ty+MrC Counsel's Role in Business Crises: Anticipate, Avoid, and Learn from Catastrophes Presented by - Class Actions and Multi-Party Litigation Committee, Corporate Counsel Committee, Drug, Device and Biotechnology Committee, and Product Liability Committee Moderator: Kaitlyn E. Stone, Faegre Drinker Biddle & Reath LLP Presenters: Sneha Desai, BASF Corporation; Ashley Garry, Protara Therapeutics; Joan T. Pinaire, Realogy Holdings Corp.; Michael C. Zogby, Faegre Drinker Biddle & Reath LLP PDF of Presentation | Webinar Recording | Password: 6&4K4kJv Supplemental Materials | Supplemental Materials | Supplemental Materials Moving a Case from the Trial Court to Arbitration in the Era of COVID-19 Presented by - Alternative Dispute Resolution Committee, Business Litigation Committee, In-House and Law Firm Management Committee, and International Arbitration Committee Moderator: Michael A. Airdo, Kopon Airdo, LLC Presenters: James M. Campbell, Campbell Conroy & O'Neil; Judge Faith Hochberg, FCIARB; Connie Matteo, Pfizer Inc.; Dixie T. Wells, Ellis & Winters LLP PDF of Presentation | Webinar Recording | Password: faf@3*fC Are Your Machines Healthy?: Cybersecurity Risk in Medical Devices This presentation was originally planned to be presented at the 2020 Medical Liability Roundtable. Moderator: Douglas Vaughn, Deutsch Kerrigan, LLP Presenters: Lauren Hulbert, Medmarc Insurance Group; Robert G. Smith, Lorance & Thompson, P.C.; Sharon Donaldson Stuart, Christian & Small LLP PDF of Presentation | Webinar Recording | Password: @4b1&0Ry Employee Mobility, Non-Competes, and NDAs: Protecting Trade Secrets and Customer Relationships in the Pandemic Era Presented by - Amicus Curiae Committee, Cyber Security, Data Privacy and Technology Committee, and Employment Law Committee Moderator: Peter J. Pizzi, Walsh Pizzi O'Reilly Falanga LLP Presenters: Russell Beck, Beck Reed Riden LLP and Johner T. "J.T." Wilson III, Dinsmore & Shohl LLP PDF of Presentation | Webinar Recording To Zoom or Not to Zoom? Virtual Trials and Litigation in a COVID Environment Presented by - Business Litigation Committee, Cyber Security, Data Privacy and Technology Committee, Drug, Device and Biotechnology Committee, Product Liability Committee, Professional Liability Committee, Toxic and Hazardous Substances Committee, and Trial Techniques and Tactics Committee Moderator: Lee Mickus, Evans Fears & Schuttert LLP Presenters: Ricky Raven, Reed Smith LLP; Thomas Vanderford, Hyundai Motor America; Richard H. Willis, Bowman & Brooke LLP PDF of Presentation | Webinar Recording | Supplemental Materials | Supplemental Materials | Supplemental Materials
Webinars
Defense Counsel Journal Highlight: Proposed Medical Monitoring Rule Allows for Recovery in Absence of Bodily Harm Christopher B. Parkerson (Campbell, Conroy & O'Neil, P.C.) and Mark Behrens (Shook, Hardy & Bacon LLP) discuss the Proposed Medical Monitoring Rule in the Restatement (Third) of Torts and how it could significantly impact case law on recoverable damages. This discussion focuses on Mark's recent Journal article. Play the episode on the IADC website
President's Page By Andrew S. Chamberlin Editor's Page By Christopher B. Parkerson American Law Institute Proposes Controversial Medical Monitoring Rule in Final Part of Torts Restatement By Mark A. Behrens and Christopher E. Appel Online Article | PDF to Print GDPR in United States Litigation Through Summer 2020: GDPR-Subject Companies Must Produce By Michael H. Gladstone Online Article | PDF to Print Advanced Topics in Written Civil Discovery By Robert F. Redmond, Jr. Online Article | PDF to Print
Podcast: IADC Speaks
Defense Counsel Journal - Volume 87, Number 4
Amicus Curiae Briefs
Win on Discovery Proportionality: Suryani v. Watermark Harvard Square AL LLC (10/2/2020) On Friday, October 2, 2020, the Supreme Court of Colorado overturned a trial court order which compelled a long-term care provider to produce medical records of patients other than those of the deceased resident whose heirs had filed the personal injury/malpractice lawsuit. The IADC submitted an amicus brief arguing that the trial court's order failed to perform the required analysis of the proportionality of the discovery sought, as required by the recently amended Colorado's Rule of Civil Procedure 26(b)(1). The CO Supreme Court reversed and remanded with direction to the trial judge to "make specific findings regarding" the 26(b)(1) proportionality factors. This ruling is important because it was the first time the Court had addressed the 2015 amendments to Rule 26 of the Colorado Rules of Civil Procedure which made changes regarding proportionality along the lines of the 2015 FRCP amendments and required courts to analyze proportionality as a threshold issue. We would like to thank Craig May and Meghan Berglind of Wheeler Trigg O'Donnell LLP who worked with us on the brief for their excellent job. The case is Suryani v. Watermark Harvard Square AL LLC, Supreme Court Case No: 2020SA234. To read the amicus brief filed, click here. Filing on FLSA Abuse: Scott v. Chipotle Mexican Grill, Inc. (10/1/2020) On Thursday, October 1, 2020, IADC and DRI submitted a joint amicus brief to the United States Supreme Court seeking review of the Second Circuit's expansive FLSA ruling in Scott v. Chipotle Mexican Grill, Inc., 954 F.3d 502 (2d Cir. 2020). The Second Circuit had relaxed the standard for a collective action under the FLSA, holding that plaintiffs are "similarly situated" and may proceed collectively "to the extent they share a similar issue of law or fact material to the disposition of their FLSA claims." Id. at 516. Other circuits apply a more rigorous analysis for collective actions. The lack of a uniform standard across the circuits for what makes plaintiffs "similarly situated" under FLSA has led to forum shopping and other ills which burden employers and the courts. Petitioners ask the Court to accept certiorari in order to arrive at a uniform standard consistent with the FLSA's goals. To read the amicus brief filed, click here.
Strategic Partnerships - CPR
Diversity, Equity, and Inclusion Resources Page
Our strategic partner International Institute for Conflict Prevention and Resolution has many upcoming virtual events. To view their offerings, click here.
To view the Diversity, Equity, and Inclusion Resources page, which has resources added regularly, visit the Resource section of the IADC website. You will also be able to find approved recordings from our ongoing Active Ally Diversity, Equity and Inclusion discussion series on this resource page.
Welcome |
new members of the IADC
Whether you have been a member for a short or a long period of time, you may not know everything your membership affords. View our Welcome Membership Packet to learn about some of the key ways you can utilize the benefits of your membership.
Andrew S. Harris Jones Walker LLP Jackson, Mississippi United States Naoki S. Kaneko Shook, Hardy & Bacon L.L.P. Irvine, California United States Kristie Wetterer Phillips Farm Credit Mid-America Louisville, Kentucky United States Melissa Wojtylak PCI Pharma Services Philadelphia, Pennsylvania United States Tom W. Murrey Federal Express Corporation Memphis, Tennessee United States Evans Martin "Marty" McLeod Phelps Dunbar LLP New Orleans, Louisiana United States Gregory C. Ulmer BakerHostetler Houston, Texas United States Darah L. Eckert Brown Sims, P.C. Houston, Texas United States Elizabeth Baksh Dorsey & Whitney LLP New York, New York United States Lauren E. H. DiFrancesco Stoel Rives LLP Salt Lake City, Utah United States Maureen Angela Mahoney Hackensack Meridian Health Edison, New Jersey United States David Orensten Cardinal Health Dublin, Ohio United States Cavender C. "Chris" Kimble Balch & Bingham LLP Birmingham, Alabama United States Jack White FH+H Tysons, Virginia United States Melissa Fried Spence Nexsen Pruet, LLC Charleston, South Carolina United States Amanda G. Orcutt Mitchell Williams Law Firm Little Rock, Arkansas United States Kevin E. Clark Lightfoot, Franklin & White, L.L.C. Birmingham, Alabama United States Stanley C. Ball Eaton Cleveland, Ohio United States Paul S. Rosenblatt Butler Snow LLP Ridgeland, Mississippi United States Michael F. Walker Bradley Arant Boult Cummings LLP Birmingham, Alabama United States James A. McCullough, II Brunini, Grantham, Grower & Hewes, PLLC Jackson, Mississippi United States Scott Barabash Aspen Insurance San Francisco, California United States Kristen D. Perkins Lewis Brisbois Bisgaard & Smith LLP Fort Lauderdale, Florida United States Christopher D. Morris Butler Snow LLP Ridgeland, Mississippi United States Karen L. Weslowski Miller Thomson LLP Vancouver, British Columbia Canada Cliff Merrell Greenberg Traurig, LLP Atlanta, Georgia United States Roger Guilian Volkert, Inc. Mobile, Alabama United States Justine Daniels O'Melveny & Myers LLP Los Angeles, California United States Kyle E. Bjornlund Cetrulo LLP Boston, Massachusetts United States Rick Hammond Walmart Inc. Bentonville, Arkansas United States Brice White Tyson Food Springdale, Arkansas United States Merielle Enriquez Banks Diamond Resorts Las Vegas, Nevada United States
January 12, 2021 Midwest Virtual Regional Meeting - Minneapolis/Saint Paul, Minnesota Details and Registration January 13, 2021 Preserving the Appellate Record at Trial: Balancing Trial Advocacy and Strategy with Preserving the Appellate Record (Webinar) Details and Registration January 20, 2021 Legal Challenges Regarding Event Data Recorder Evidence (Webinar) Details and Registration January 26, 2021 Southwest Virtual Regional Meeting - Albuquerque, New Mexico Details and Registration February 14 - 19, 2021 2021 Midyear Meeting Details -- Registration coming early January April 15 - 16, 2021 2021 Corporate Counsel College Details
Click image to enlarge for tips on receiving your Zoom meeting links.
Upcoming Events |
engage and connect
Below is a list of upcoming Association events that will take place in the next few months. For up-to-date information on all upcoming events, please visit the events calendar on the IADC website at www.iadclaw.org/events/.
Christopher Scott D’Angelo, a partner at Montgomery McCracken Walker & Rhoads LLP, authored an article on behalf of the IADC for Modern Contractor Solutions’ October 2020 issue.
Kathy Maus, a partner at Butler Weihmuller Katz Craig LLP, received summary judgment for GuideOne Elite Insurance Company.
Jim King, a partner at Porter Wright, was inducted into the prestigious American College of Trial Lawyers during the College’s 2020 Annual Meeting.
Kirk Warner, a partner at Smith Anderson, authored and published his book Zone of Action: A JAG’s Journey Inside Operations Cobra II and Iraqi Freedom.
To submit an accolade, courtroom win, or pro bono accomplishment, email Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Karsten Fehn, of Fehn | Legal, was named to Corporate Vision Magazine's 2020 Corporate Excellence Awards list and was honored as "2020's Leading Criminal Law Expert - Germany."
Jack Henning, a partner at Dillingham & Murphy in San Francisco, was granted summary judgment in a motor vehicle accident case.
IADC Successes |
Heather Heiskell Jones of Spilman Thomas & Battle, PLLC, authored an article for HarrisMartin’s COVID-19 and MCL and Class Action Reports publication on behalf of the IADC.
your accolades, courtroom wins, and pro bono accomplishments
Joseph M. Goldberg was accepted by CPR as a Distinguished Neutral on its Insurance Panel and its Insurance-Policy Holder Coverage Panel.
Greg Williams of Clayton Utz authored an article on common fund orders in Australian class actions for Lawyers Weekly.
Chris Kenney, a partner at Kenney & Sams, P.C., successfully defended Helen Brady, a Republican congressional candidate, at trial and on appeal against a political challenge to her ballot access for the primary election.
William S. Thomas, co-founder and principal at Gausnell, O'Keefe & Thomas, LLC, authored an article on preventing lawsuits for Construction Executive on behalf of the IADC.
Johner "J.T." Wilson III, a partner at Dinsmore & Shohl LLP, was interviewed by Crain's Chicago Business for an article on actively implementing diversity and inclusion in a business environment.
Connie Lewis Lensing, counsel at Bradley Arant Boult Cummings LLP, was named the 2020 Outstanding Volunteer Fundraiser by the Association of Fundraising Professionals Memphis Chapter.
Members Angela Beranek Brandt, Nancy Erfle, and Mike Brooks obtained a defense verdict in a case involving the 3M 8710 respirator after a three week in-person trial.
David Landever joined Tucker Ellis LLP as a partner in its Mass Tort & Product Liability practice.
Joyce Edelman, a partner at Porter Wright, was named as one of Corporate Counsel's National Women, Influence & Power awardees.
Whitney Frazier Watt, a member of Stites & Harbison PLLC, was appointed to the Board of Directors of the Governor's Scholars Program.
Johner "J.T." Wilson III, a partner at Dinsmore & Shohl LLP, was named to Crain's Chicago Business "2020 Notable Minority Executives in Accounting, Consulting & Law" list.
Mark R. Beebe, a partner at Adams and Reese LLP, secured a complete defense verdict for Region's Bank in a judge tried matter in Louisiana state court.
Alex J. Hagan and Andrew S. Chamberlin, partners at Ellis & Winters LLP, obtained a pleadings-stage dismissal of an eight-figure commercial claim in Nevada.
Many IADC members were named to Benchmark Litigation's Top 100 Trial Lawyers in America - 2021 Edition. For details on some of those recognized, click here.
Karen Karabinos and Eric Mull, partners at Drew Eckl & Farnham, authored an article for Carrier Management on how to avoid bad faith claims in COVID first-party property lawsuits.
Larry D. Smith, counsel for Rumburger, Kirk & Caldwell, P.A., discussed diversity and professionalism with The Florida Bar.
Jack White, a partner at FH+H, was appointed as an expert to serve on a panel to review the cultural climate at the Fort Hood Army base.
Get The Most Out of Your Membership
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IADC members are the best of the best! If an opportunity arises to refer business, please Think IADC First.
Vice President of Corporate Al Vance talks about the value of IADC membership for corporate counsel members. Substantive programming, a network you can trust, and lasting relationships are all value added aspects of membership.
IADC Merchandise Available
Thank You to Our 2019-2020 Sponsors
Visit our IADC store for branded items that are available for purchase that will help show your association pride. From t-shirts to luggage tags to mouse pads, we've got lots of options! https://www.zazzle.com/iadc_store
Baker Tilly Baylor Law Executive LL.M. in Litigation Management Berkeley Research Group, LLC Exponent InCourt Technologies Lighthouse eDiscovery MRC SEA, Ltd.
NOMINATE We want to make sure we have the very best in our ranks. If you'd like to nominate someone for IADC membership, click here.