2023 DRI Professional Liability Seminar

Name: 2023 Professional Liability Seminar | DRI
Start: 2023-11-29T13:00
End: 2023-12-01T12:30
Location: Sheraton New York Times Square

November 29–December 1, 2023 | New York, New York

Embrace the Brave New World of Professional Liability Practice!

The last three years have launched unprecedented changes in the world as we knew it. These changes carry over into issues faced by professionals in multiple disciplines. With advancements in technology like ChatGPT and other AI products come a myriad of unique ethical issues. And when professional negligence results in potential licensure exposure, the stakes can be particularly high. Soaring costs of litigation, particularly e-discovery, present real and logistical challenges with eroding limits policies. The stresses of practice, while always significant, are magnified as insurers, lawyers, and clients return to the new real world as if blinking into the sunlight after recent years of remote work, quarantine, and remote meetings. Effective communication both within and outside the office, self-care, employment, and retention issues, including aging professionals have become pressing concerns. Join us as we explore this new landscape with dynamic speakers and thought-provoking topics, all in the heart of New York City.

View registration information here.

What You Will Learn:

Explore the fluid job market from 360 degrees, including addressing confidentiality, dealing with employee turnover, technology innovations, and other challenges in the new world order.
Practical and ethical challenges of effective advocacy with an eroding limits policy.
The practice in peril – the rise of addictive behaviors by clients and the profession.
Not your father’s corn flakes – assessing and overcoming risks in attorney advertising.

Expand Your Network By:

Meeting new friends and reconnecting with old friends while learning about new trends and issues in professional liability practice.
Enjoying networking opportunities in both large and small groups.
Brainstorming and discussing with leading authorities on new and emerging trends in professional liability practice.
Enjoying the excitement of New York City at its holiday best!

Panel Counsel Meetings with Major Companies
Take advantage of the opportunity to engage with key industry companies* including:

Great American Insurance Group
Hanover Insurance Group
Protect Professionals Claims Management

*Subject to change

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TABLE OF CONTENTS

Thank You to DRI's Committee Leadership
Registration Information
Financial Aid Policy
Agenda with Speakers
CLE Information
Sponsors
DRI Cares
On-Demand Programs Included
Other Information

Thank You to DRI's Professional Liability Committee

Jonathan Harwood — **Jonathan R. Harwood**
Committee Chair

Zandra Foley — **Zandra E. Foley**
Committee Vice Chair

Join the Professional Liability Committee

Registration Information

	Member Pricing	Non-Member Pricing
Regular Registration*	$1,395	$1,695
Group Registration (Non-Sponsored)**	$1,095 per person	$1,095 per person
Government	Government members will receive the applicable government rate for the seminar upon login. If the government rate does not appear after logging in, please call DRI directly at (312) 795-1101 to receive the discounted rate. Invoices can be sent after purchase upon request.

*If your membership recently lapsed, please renew your membership prior to registering to ensure you receive your discounted member rate. If you would like to join DRI to receive the member pricing and see the benefits of becoming a member, click here to go to the Application page.

**Group registration is for registering four or more attendees, members and non-members. There is one free registration with every 10 registrations. You must lock in the rate three weeks prior to the seminar. If you want to register for the group pricing, fill out the form here (online registration is not available for this offering).

Networking Events

Premier Networking Reception
Sponsored by Kutak Rock, Segal McCambridge, Sulloway Hollis, and Thompson Coe

Date: Thursday, November 30 from 6:00–8:00 p.m.
Price: Free when you register for the seminar
Location: Empire Ballroom at the Sheraton New York Times Square

Get ready for an unforgettable evening at the Premier Networking Reception! Join us on Thursday, November 30^th from 6:00–8:00 p.m. in the Empire Ballroom at the Sheraton New York Times Square. Immerse yourself in a vibrant atmosphere with like-minded professionals, all seeking to expand their networks and make meaningful connections. Sip on refreshing drinks and indulge in delectable NYC-inspired appetizers, which will tantalize your taste buds and keep your conversations flowing. Whether you're a seasoned lawyer or just starting your legal career, our Premier Networking Reception is the place to be to expand your professional circle and discover new opportunities. Mark your calendars and get ready to make lasting connections at our Premier Networking Reception. We can't wait to welcome you and create a night to remember!

Financial Aid Policy

Individuals who demonstrate need may receive limited financial aid to attend DRI CLE programs.

Review the Policy (PDF)

Agenda with Speakers

View Schedule with Room Locations

Wednesday, November 29, 2023

Time (Eastern)	Program	Location
1:00 p.m.	Registration
6:00 p.m.	DRI Cares - Blessings in a Backpack Click here for details.
6:00 p.m.	Networking / Cocktail Hour
7:30 p.m.	Dine-Arounds Join colleagues and friends at selected restaurants for dinner (on your own).

Thursday, November 30, 2023

Time (Eastern)	Program	Location
8:00 a.m.	Registration & Coffee Service Get to know the early risers in our group over a cup of coffee.
9:00 a.m.	Welcome and Introductions Thomas J. Hurney, Jr., Jackson Kelly PLLC, Charleston, WV Newt Marshall, Karbal Cohen Economou Silk & Dunne LLC, Chicago, IL
9:15 a.m.	AI Hallucinations, Discrimination, and Legal Liabilities, Oh My! How Generative AI is Transforming Professional Practices; AI Legal and Ethical Risks; and Recommended Best Practices to Reduce Risk AI technologies are being adopted at a dizzying pace by a broad array of businesses, including businesses in the professional services industry, many of which are not fully considering the legal and ethical risks posed by such technologies. Per McKinsey’s 2023 State of AI Report, over half of the global organizations surveyed advised that they have adopted AI technologies, but only 21% of those companies reported having any policies governing generative AI usage, only 38% reported that they are mitigating cybersecurity risks, and only 32% reported taking any actions to mitigate inaccuracy risk, the most common risk associated with generative AI. In just a few months, generative AI has significantly changed professional practices, and correspondingly, substantially increased legal and ethical risks for professionals. Generative AI technologies present great opportunities for professionals to increase efficiency, productivity, and profitability, but also create legal and ethical minefields. This presentation will focus on (1) how professionals are using Generative AI; (2) legal and ethical risks arising from AI, including risks posed by AI “hallucinations;” disinformation risks; cybersecurity risks; privacy risks; IP risks; professional ethics risks; and insurance coverage and other contractual risks; and (3) best practices to help reduce such risks. The presentation will conclude with a short discussion of other technologies coming down the pike that will further transform professional practices (and pose significant, additional legal and ethical risks for the professionals that use them). Laura Clark Fey, Esq., Fey LLC, Leawood, KS
10:15 a.m.	Coffee Break
10:30 a.m.	From Blame to Balance: Apportioning Risk in Professional Liability Cases Among Multiple Parties A discussion of comparative and contributory fault, joint and several liability, contribution actions, and third-party fault in professional liability actions. It’s not just the plaintiff making claims anymore but rather defendants and those not in privity as well – and the exposure to professionals is expanding. Michael Cedillo, Thompson Coe, Dallas, TX Lorrie Dawkins, Xylem Inc., Chicago, IL Kathryn Whitlock, McAngus, Goudelock & Courie, Atlanta, GA
11:30 a.m.	Burn Baby, Burn: Navigating Expensive e-Discovery, Expert and Other Costs When Defending a Professional Under a Burning Limits Insurance Policy – Tips to Ensure There is Plenty of Policy Remaining When Trial Starts This presentation will address and discuss the challenges to defense counsel in providing a vigorous defense where legal fees reduce the policy limits. Steven A. Chang, Reminger Co., LPA, Columbus, OH Clay Dawson, CS DISCO, Oklahoma City, OK
12:30 p.m.	Lunch (on your own)
2:00 p.m.	What’s Not to Like About the Scope and Nature of Professional Liability Claims Since 2020? Is there a "pandemic hangover"? How can we work with carriers to mitigate these issues? Open panel session with insurance professionals from across the country on emerging claim trends, how to mitigate the past, and what have we learned for the future. Melissa S. Demmon, Sompo International, Alpharetta, GA Jennifer Hamilton, NAMIC Insurance Company, Inc., Indianapolis, IN Laura Zaroski, JD, RPLU, Gallagher, Chicago, IL Kim K. Noble, Applied Financial Lines, Chicago, IL
3:00 p.m.	Attorney Advertising Today: Understanding, Assessing and Navigating the Significant and Expanding Risks Attorney advertising has had a fascinating history. Historically, it was fairly ubiquitous. Then, following criticism posed by the ABA, for nearly 70 years it was non-existent. For a significant period of time after it came back to life in the late 70s, it was focused on radio, TV and print advertising. With the advent of the internet and the digital age, it has exploded and expanded into numerous formats, to the point where it is now considered a critical component of a firm’s business strategy. But along with the enormous benefits afforded by the wide range of advertising options have come significant risks. Recent developments have illuminated the new, expanding dangers that attorney advertising can pose, both in terms of ethical concerns, legal malpractice risks, and other risks, such as defamation claims, copyright infringement, invasion of privacy, and even claims for tortious interference with business relations. This presentation will offer a discussion of the historical antecedents to attorney advertising as we know it today, a discussion of the relevant ethical issues and concerns and recent cases highlighting the growing risks, along with a discussion of the types of claims risks presented, and suggestions and recommendations for how to avoid, mitigate, and manage these risks. Peter J. Biging, Goldberg Segalla LLP, Chicago, IL John Muller, RiskSmith Insurance Services, New York, NY Michael S. Ross, Law Offices of Michael S. Ross, New York, NY
4:00 p.m.	Limitation of Liability Provisions in Design Professional Agreements A comprehensive discussion of how courts are interpreting, enforcing, and denying these clauses. Learn how and when to draft and incorporate these terms, and tactical considerations for defense counsel, client, and insurer. John E. Bordeau, Sanders Warren & Russell LLP, Overland Park, KS Michael Robertson, Donovan Hatem, Boston, MA Alexander Wilder, Markel, New York, NY
5:00 p.m.	Professional Liability Committee Business Meeting (open to all)
6:00 p.m.	Premier Networking Reception (at the hotel) Sponsored by Sulloway & Hollis PLLC Click here for details.

Friday, December 1, 2023

Time (Eastern)	Program	Location
8:00 a.m.	Registration and Coffee Service
9:00 a.m.	Welcome and Announcements Andrea Schillaci, Hurwitz Fine PC, Buffalo, NY
9:10 a.m.	Professionals at Risk: Social Vices and Addictions This session will provide clear and concise data on the increase in addictive behaviors in the past three years since the start of the Pandemic, and specifically how they are impacting the legal profession. It will present Addiction Interaction Disorder in a clear and accessible way for non-clinical professionals to more readily see issues and help identify them in order to help colleagues seek help and reduce the risk of liability in the law firm. Ethics and civil liability will be reviewed. Eric J. Webber, MA, CADC, CSAT/CMAT, CCPG, Caron Legal Professionals Program & Senior Clinician of Specialty Services, Reading, PA
10:10 a.m.	Coffee Break
10:30 a.m.	With Apologies to Rod Stewart: We Don’t Stay Forever Young As our population ages, among other things, people are working longer. Aging employees present special challenges, which may be physical, like hearing and vision, mental, like dementia and memory, or relational/economic (e.g., succession planning). These challenges exist on all sides of our industry: clients, insurers, and outside professionals are all aging. This panel will address how we, as the professional liability industry, can and should manage the problems and tensions presented by aging partners, managers, employees, and clients, ensuring that both the needs of the employees and those of the clients are met. Frances M. O’Meara, Wood Smith Henning & Bermann LLP, Los Angeles, CA Joshua A. Greeley, Esq., Markel, Red Bank, NJ
11:30 a.m.	When It Is All on the Line: Licensure Considerations in a Professional Liability Case A discussion of preventing and managing related license complaints against the professional, what to do when your adversary weaponizes a license complaint and walking the professional through this situation. Pamela J. DeVet, Bullivant Houser Bailey, Seattle, WA David Fratarcangelo, ALPS Insurance Agency, Missoula, MT Guy Hollingsworth, Hanover Insurance, Chicago, IL
12:30 p.m.	Adjourn

CLE Information

Earn up to 9.00 hours of continuing legal education hours (CLE), including one (1) hour of Ethics, from this seminar.

Professional Liability CLE by State

DRI Cares

Blessings in a Backpack

Please join us in supporting Blessings in a Backpack, an organization that mobilizes communities, individuals, and resources to provide food on the weekends for school-aged children across America who might otherwise go hungry. Seminar attendees will have the opportunity to fill bags of food at the opening reception. Feeding a child before you feed yourself is a wonderful way to support children and families in New York City.

Donate to Blessings in a Backpack

On-Demand

NEW in 2023 – Four Additional On-Demand Programs Included With Every Seminar!

CLE Credit will be sought from every state requiring CLE hours in elimination of bias/diversity and inclusion, ethics, substance abuse/mental health, and law practice management. The CLE grid will provide updated information concerning hours that have been approved by each jurisdiction and for which credits. For states not requiring these special credits, general education credits will be sought. Access to these on-demand programs will expire 30 days after the seminar ends.

View On-Demand Library

Diversity/Elimination of Bias in the Profession

Invisible or Mixed-Visible Diversity – Combatting Bias

Often diversity programs and initiatives are focused on visible traits such as gender or race, but bias exists related to sexual orientation, gender identity, and some disabilities that are not readily visible to the eye. This panel will discuss how to address these biases and to create an environment where those with invisible or mixed-visible diversity can operate at the highest level.

Stacy Douglas, Everett Dorey LLP, Irvine, CA
Gary Howard, Bradley, Birmingham, AL
Ronna Kinsella, Glassman Wyatt Tuttle & Cox PC, Memphis, TN

Law Practice Management Credit

Succession Planning: Failing to Plan Is a Plan to Fail

Succession planning is considered one of the most pressing issues facing not only law firms but also clients. Senior partners are working into their golden years and can sometimes be reluctant to engage in a succession plan, but clients want to know that there is a plan for the transition of their work without interruption. Join us to learn:

the importance of succession planning for the benefit both the law firm and its clients;
how succession planning impacts retention and continuity of the firm and client relationships;
how to approach the subject with senior attorneys; and
strategies for implementing a successful succession plan.

Marie E. Chafe, Conn Kavanaugh, Boston, MA
Matthew Cairns, Textron Inc., Providence, RI
Elizabeth M. Brotten, Foley & Mansfield PLLP, Minneapolis, MN
Meade Hartfield, Bradley Arant, Birmingham, AL

Ethics

Technology, Ethics & Remote Work: What You Need to Know Now

The Rules of Professional Conduct regarding competence and diligence require all lawyers to keep abreast of changes in technology. This webinar will provide you with tips and information on new issues related to technology and the practice of law, including the challenges of the remote work environment. You will learn the ethics and professionalism considerations when using technology in your practice and your ethical duties when it comes to “keeping abreast of changes” in technology.

Amber Garcia, Deutsch Kerrigan LLP, New Orleans, LA
Alyssa Johnson, Barron & Newberger PC, Milwaukee, WI
Clare Roubion, Louisiana Legal Ethics, LLC, Lafayette, LA

Mental Health & Attorney Wellness

Lessons for Lawyers from the Science of Well-Being

This presentation will focus on the practical steps that we can take as individuals to improve well-being, drawing on recent research from cognitive science and beginning with the preface that happiness can be learned and applied. Specifically, we will provide an evidence-based arsenal of practical tools that lawyers can apply in their own lives to improve their well-being.

Emma Ross, Goldman Ismail Tomaselli Brennan & Baum, Chicago, IL
Shayna Cook, Goldman Ismail Tomaselli Brennan & Baum, Chicago, IL

Other Information

If you have any questions or concerns regarding DRI programs, please contact DRI Customer Service at 312.795.1101 or custservice@dri.org.