2016 FETTI Conference Schedule

Wednesday, September 21, 2016

5:00 – 7:00 pm Networking Reception

Thursday, September 22, 2016

7:00 – 8:00 am Continental Breakfast
8:00 – 8:15 am Welcome and Overview
8:15 – 9:15 am Emerging Risks for the Insurance Industry

  • Learn the Plaintiff Bar’s latest subjects/targets of toxic tort litigation
  • Discover emerging risks that are resonating with juries
  • Acquire a new skill set regarding developing risks that will put you ahead of your peers
  • Identify emergent risks in order to assist your coverage analyses regarding new threats
Kurtis  B. Reeg

Goldberg Segalla, LLP
St. Louis, Missouri

9:15 – 10:15 am Asbestos and Talc National Review and Trends

  • Review of key national asbestos appellate decisions
  • Review of key national asbestos trial results and trends
  • Evolving mesothelioma talc litigation
Ed Slaughter

Hawkins Parnell Thackston & Young, LLP
Dallas, Texas

10:15 – 10:30 am Break
10:30 – 11:00 am Industrial Hygiene and State-of-the-Art in Asbestos and Toxic Tort Claims

  • Industrial hygiene (anticipation, recognition, evaluation and control of workplace hazards) and how and when it evolved
  • Legal standards such as strict liability and negligence and how they involve state of the art
  • Examples of industrial hygiene state of the art in asbestos and other toxic tort cases
Steve Barnett

Connell Foley LLP
Roseland, New Jersey

11:00 –11:45 pm Toxic Risks Facing Agribusiness

  • From the simple origins of the family farm, modern American agribusiness faces a wide variety of exposure from new public attitudes towards toxic risks, environmental harm and food quality
  • Harm caused to and by farming operations
  • Consumer reaction to food safety risk, perceived and real, including labeling and certification
  • Supply chain liability, from growth to production and sale, of seed, crops and animals
  • Regulations – local, state, and federal  – and their effect on liability
Patrick W. Brennan

Laura E. Schuett

Crivello Carlson, S.C.
Milwaukee, Wisconsin

11:45 –12:15 pm Vapor Intrusion – Regulatory Update, Technical Issues and Legal Implications

  • Learn about the significant concerns, risks, and liability surrounding the potential migration of volatile chemicals from the subsurface into indoor air space
  • Experts discuss 1) the regulatory framework set by USEPA and individual state guidance documents,2) the technical issues with assessment and mitigation, and 3) the current litigation landscape and exposure to responsible parties associated with re-opening of closed cases
Alborz Wozniak

Paul Nuti

Veritas Environmental Consulting, Inc.
Pleasant Hill, California

Thomas Vandenburg

The Gallagher Law Group
Los Angeles, California

12:15 – 1:15 pm Lunch
1:15 – 1:45 pm The Rise of Environmental Nuisance Litigation

  • Understand major environmental nuisance claims made in connection with clean air, clean water and a radiation free environment
  • Learn about the history and growing gap between legislation and the scope of claims that go beyond the legislative mandates governing the standards for clean air, clean water and a radiation free environment
  • Develop strategies for the recognition, regulation and limitation of environmental nuisance claims
Peter L. Garchie

Lewis Brisbois Bisgaard
& Smith, LLP
San Diego, California

Michael Mrvica

Vice President
Vertex

1:45 – 2:15 pm Challenging the Exercise of Personal Jurisdiction and the Rise of Specific Jurisdiction Post-Daimler

  • Can you challenge personal jurisdiction – a discussion of the Daimler opinion
  • Exercise of general versus specific jurisdiction
  • Developments in state appellate cases
  • Waiver or consent to general jurisdiction
  • The unintended consequences of lack of personal jurisdiction
  • Other ways to challenge jurisdiction and venue
John C. McMeekin II

Julie Nord Friedman

Rawle & Henderson LLP
Philadelphia, Pennsylvania

2:15 – 3:00 pm Lead in Drinking Water-Insurance Coverage Issues

  • Detailed case study of Flint, Michigan drinking water contamination
  • Discussion of insurance coverage issues arising from exposure to lead-contaminated drinking water: 1) Overview of Insurance Policy Forms,2) History of Lead Exclusions, 3) Trigger of Coverage Issues, 4) Number of Occurrences, 5) Lead Exclusions, 6) Allocation of Damages,7) Knowledge-based Defenses
  • Significant national case law addressing insurance coverage issues stemming from lead-contaminated drinking water
Adam D. Krauss

Traub Liberman Straus
& Shrewsberry, LLP
Hawthorne, New York

3:00 – 3:15 pm Break
3:15 – 3:45 pm Take-Home Asbestos Cases: Handling the Depositions and Establishing Your Client’s Exposure Defense

  • Understand the impact of exposure assessment experiments to measure take-home exposure potential from chrysotile asbestos fibers
  • Use the findings to take effective depositions of plaintiffs and handlers of asbestos-containing products
  • Use the findings to establish an exposure defense at trial
Rick Braun

Collins Einhorn Farrell PC
Southfield, Michigan

Jennifer Sahmel

Cardno ChemRisk
Boulder, Colorado

3:45 – 4:30 pm Asbestos Bankruptcy Trust Transparency:

Updates and Practical Pointers to Take Advantage of New State Laws

  • State asbestos bankruptcy trust transparency reforms
  • Predictions regarding the Federal Furthering Asbestos Claims Transparency (FACT) Act
  • Update on RICO actions against asbestos plaintiffs’ firms
  • Value of trust-related exposure information for defendants in depositions and at trial
  • Pointers to more fully develop the case for alternative causation
Mark A. Behrens

Shook, Hardy & Bacon LLP
Washington, D.C.

Mary Margaret Gay

Maron Marvel Bradley
& Anderson LLC
Jackson, Mississippi

Friday, September 23, 2016

7:00 – 8:00 am Continental Breakfast
8:00 – 9:00 am Environmental Update

  • Excessively So:  Emerging Risks and Exposure for Umbrella and Excess Carriers
  • Allocation and Trigger Issues in the Wake of Viking Pumps
  • Down on the Farm:  Agricultural Losses and the Pollution Exclusion
  • The Civil Wars:  Insurer Suits for Contribution, Subrogation and Recoupment
  • Doing The Right Thing:  Limitations on Coverage for Voluntary Payments
  • Emerging Pollution Liability Insurance Policy Claims and Issues
  • Update on the Restatement of the Law of Liability Insurance
Michael Aylward

Morrison Mahoney LLP
Boston, Massachusetts

9:00 – 9:30 am Talcum Powder and Ovarian Cancer Litigation Update

  • Talc and what the science says about its relationship to ovarian cancer
  • Overview of verdicts to date
  • Trends in litigation: Who is being sued, venue of cases, and how are courts handling
  • What to expect in the future
Thomas D. Jensen

Elizabeth Sorenson Brotten

Lind Jensen Sullivan & Peterson, P.A.
Minneapolis, Minnesota

9:30 – 10:00 am “Top 5” Settlement Challenges For Environmental and Toxic Tort Insurers

  • What the insurer’s “duty to settle” means, and when this duty may arise under applicable law
  • Recommended practices for insurers to comply with their duties and obtain good results in challenging negotiations
Michael Handler

Cozen O’Connor
Seattle, Washington

Sarah Aucutt-Pickering

Assistant General Counsel
Nationwide Insurance
Downers Grove, Illinois

10:00 – 10:15 am Break
10:15 – 11:00 am Did Law Kill Science?

Understanding the Impact of Davis v. Honeywell and the “One Fiber Theory” on Asbestos and Environmental Cases

  • Understand the growing difficulty faced by the defense as a result of plaintiffs’ victories based on the one fiber theory (asbestos cases) and the one molecule theory (environmental cases)
  • Scientific and legal issues and viable defense strategies to help companies avoid the exorbitant costs that could be associated with trying and settling such cases
Noel Edlin

Bassi Edlin Huie & Blum
San Francisco, California

Adam Love

Roux Associates, Inc.
Oakland, California

11:00 – 11:30 am Three’s Company: The Relationship Between The Insured, Coverage Counsel and the Claims Professional in Complex Environmental Litigation

  • Navigating conflicts when the insurer insures multiple insureds in complex litigation
  • Coordinating defensive strategy with coverage counsel
  • Reconciling duty to provide facts to insurers with their need for potentially privileged evaluations
  • Potential limits of the common interest privilege
  • Protecting client privileges and executing limited common interest agreements
Christoffer C. Friend

Meghan E. Smith

Curry & Friend, PLC
New Orleans, Louisiana

12:00 –12:30 pm Business Meeting
This is a Business Casual Event

Business Casual Attire or better is permitted throughout the clubhouse with the exception of specific events for which a higher mode of dress (such as business Dress Attire, Black Tie or White Tie) is specified.

Business Casual Attire is defined as, for men, a collared shirt (including turtleneck) and slacks (without jacket or necktie).  For women, Business Casual Attire includes slacks or skirt with a blouse or sweater.

The following are specifically prohibited (except on floors 10 and above and when checking in or out of the Club guestrooms):

Overalls, tee-shirts, trading jackets, cut-offs, sweatshirts, denim jackets and any clothing that is tattered or contains inappropriate messages.  Blue jeans are not permitted in the clubhouse except on Saturdays before 6:00 pm, on Sundays and on Holidays.

If you must enter or exit the Club in Athletic Attire, please use the Athletic Entrance, located on Federal Street just south of the revolving-door entrance.  To leave the club, take the elevator to the first floor and follow the signs marked “Athletic Exit.”