The Voice^TM

New Center Leadership Appointments

In addition to John Guttmann’s elevation to Chair of the DRI Center for Law and Public Policy, the Center is pleased to announce that Jim McCrystal, Of Counsel with Sutter O’Connell in Cleveland, has been appointed to a two-year term as Center Vice Chair. Replacing Jim as Chair of the Center’s Legislation and Rules Committee is Brooks Magratten, a partner of Pierce Atwood LLP in Providence, Rhode Island. Baxter Drennon, a partner in the Little Rock, Arkansas, office of Hall Booth Smith PC, has similarly received a two-year appointment as the new Public Policy Committee Chair. DRI Immediate Past President Pat Sweeney of now holds an ex officio position on the Center’s Management Council.

Further, the Center’s Social Inflation Task Force welcomes new leadership, with Lauren Motes (Dinsmore & Shohl LLP) and Eric Passeggio (Sulloway & Hollis PLLC) now serving as chair and vice chair, respectively. Former task force chair and newly elected DRI Director Chris Turney (Turney LG) will continue to serve as a member of the group. The Center’s Class Action Task Force also has a new chair: Zac Madonia (Bradley Arant Boult Cummings LLP).

Thank You, John Pierce!

DRI and the defense bar community owe a debt of gratitude to John C.S. Pierce, whose term as chair of the Center’s Public Policy Committee closed as of October’s Annual Meeting in Seattle. Through his service as chair of Public Policy, and before that as the first chair of the Center’s Social Inflation Task Force, John was instrumental in raising the profile of the Center. Highlights of John’s contribution include serving as lead author of the Center’s white paper on Social Inflation – Legal System Abuse and moderating the well-received main stage panel, “Social Inflation and Nuclear Verdicts: Practical Tips and Sound Strategies from Lawyers and Clients,” during the 2024 Annual Meeting.

Interview with Litigation Daily

DRI Center for Law and Public Policy leader Laura Clark Fey (Fey LLC) recently spoke with Litigation Daily regarding the influence of the plaintiffs’ bar in enforcing judicial privacy laws. Fey, the chair of the Center’s Data Privacy and Protection Working Group, spoke to the source specifically about New Jersey’s Daniel’s Law, commenting on the dangers of the law’s provisions allowing the assignment of claims and more.

Read the full article on Litigation Daily (subscription required).

Center at Summit 2024

On Wednesday, November 20, former DRI Center for Law and Public Policy Chair Larry Ebner (Capital Appellate Advocacy PLLC), and Center Director Jay Ludlam, along with Social Inflation Task Force member Lisa Bellino (Zurich NA) attended the U.S. Chamber of Commerce Institute for Legal Reform’s 2024 Summit at the Chamber’s headquarters in Washington, D.C.

The Center’s brief argues that the court of appeal’s unprecedented expansion of liability would burden product development—particularly pharmaceutical product development—and ultimately limit the medications that manufacturers would be willing or able to develop and sell—a result that runs directly counter to plaintiffs–respondents’ purported objective of increasing the availability of life-saving or life-enhancing pharmaceuticals; that the risks imposed likewise would be costly to insure, if insurance would be available at all; and that these increased costs would, in turn, affect the availability of products for those who need pharmaceuticals the most, but are often unable to afford them.

The Center’s brief, which was joined by the Association of Defense Counsel of Northern California and Nevada and the Association of Southern California Defense Counsel, was authored by Lisa M. Baird, Chair of the Center’s Amicus Committee, along with Reed Smith LLP colleagues James C. Martin, Corrine Fierro, Steven J. Boranian, and Sarah B. Johansen.

As Chair of the 2025 meeting, I am honored to lead a team of talented and passionate people who are working tirelessly to bring you an unforgettable experience. The 2025 Annual Meeting promises to be THE event of the year for the civil defense community! You will have access to invaluable networking opportunities, all while enjoying Chicago’s unique ambiance.

We are bringing back our popular "CLE on the Go" so you can earn CLE credits, connect with others, and take in the sights—all at the same time! Whether you’re attending one of our signature evening events or participating in smaller, more intimate gatherings like SLDOs/NDOs meetings, substantive law committees, DRI for Life or DRI Cares activities, there will be countless ways to engage and build connections.

The 2025 DRI Annual Meeting will also feature an array of educational sessions on the latest legal trends and emerging technologies, designed to give you the tools to stay ahead in this fast-evolving field. You will be meeting future clients, potential referral sources, and colleagues from across the nation—this is the perfect place to build relationships that will take your career to the next level.

I cannot wait to share more details with you in the coming months. In the meantime, be sure to mark your calendars for October 15-17, 2025, and get ready for an amazing time in Chicago. See you there!

Ricardo A. Woods serves as the Managing Partner of Burr Forman’s Mobile, Alabama office and he is also the former Vice-Chair of the firm’s Executive Committee. He is Chair of the 2025 DRI Annual Meeting and the Secretary/Treasurer on the DRI Board.

The DRI Foundation will again sponsor DRI’s Law Student Diversity Scholarships with the goal of expanding our pool of applicants. Look for promotions starting after the first of the year requesting our membership promote this wonderful opportunity to assist diverse students with funding their education.

The DRI Cares Committee through its partnership with Blessing in a Backpack will continue to supply meals for school children facing food insecurity. Last year alone over 30,000 meals were packed by DRI members at our seminars that were distributed to the local host communities. This year the Committee, led by Chair Catherine Leatherwood and Co-Chair Stacy Douglas, will again work with our SLCs to coordinate service projects at every DRI seminar.

Led by Chair Chris Pyles and Co-Chair Matt Lavisky, the DRI for Life Committee advocates for wellness activities, information and programming to our membership. At DRI’s recent Annual Meeting, we were excited to announce the partnership between DRI and the Institute for Well Being in Law. This partnership will provide additional opportunities to our members by giving access to evidence-based education, strategies, tools, and resources to protect and promote well-being in the legal profession.

The Foundation will work with DRI’s Substantive Law and Affinity Committees in fundraising for the National Foundation for Judicial Excellence (NFJE). NFJE, through its an Annual Judicial Symposium, offers robust collaboration with state appellate judges on numerous legal issues they will face in the coming months and years.

Other Foundation initiatives include the International Day of Service where our National, State and Local Defense Organizations participate in service projects benefiting their own communities. We are also looking at promoting an International Day of Wellness with our NDOs/SLDOs. Efforts in these initiatives will be publicized in DRI’s The Voice and on our social media platforms. Additionally, if your law firm takes part in community fundraising, volunteering, or wellness activities, we want to hear about it and recognize your efforts!

Lastly, I was incredibly fortunate to work under the tutelage of outgoing DRI Foundation President, Jodi Terranova—thank you! Deservedly so, Jodi received the DRI Community Service Award during this year’s Annual Meeting. I am looking forward to teaming up with Cate Dugan, the incoming Vice President of the DRI Foundation, and our Foundation board members towards fulfilling the DRI Foundation’s mission and goals. Wishing you all a safe and happy 2025!

Lori K. O'Tool of Preg O'Donnell & Gillett is the president of the DRI Foundation.

The latest in line of nine studies, the 2023 study reports various statistics from the past four years, and compares those numbers with the prior studies. The studies have tracked many data points, including: number of claims by area of law; number of claims by firm size; number of claims by activity type; number of claims by claim disposition; number of claims by type of alleged error; number of claims by expense paid; number of claims by indemnity dollars paid to the claimant; total dollars paid per claim; time elapsed from error to file close; and time elapsed between file opening and closing.

The study is designed to provide a high-level view of the evolution of legal malpractice claims and provide for risk managers considerations informing loss-prevention efforts and policies. Of note in this study were a number of changes, including: increases in claims arising from trust & estate and intellectual property work; decreases in claims arising in personal injury and family law; decreases in claims against solo and small firm lawyers; increases in claims against larger firms; and increases in claims arising from missed statutes of limitation, settlement negotiations, and administrative error.

Get your copy of the study today.

As always, if you have questions or want to talk with senior risk management counsel, don’t hesitate to get in touch with us through our website, Attorneys Risk Management and click on the “Request a Risk Management Consultation” button.

Thank you to the following organizations for their participation in the DRI Foundation's International Day of Service.

• Alabama Defense Lawyers Association
• Association of Defense Counsel of N. California/Nevada
• Association of Southern California Defense Counsel
• Colorado Defense Lawyers Association
• Connecticut Defense Lawyers Association
• Georgia Defense Lawyers Association
• Idaho Association of Defense Counsel
• Illinois Defense Counsel
• Defense Trial Counsel of Indiana
• Iowa Defense Counsel
• Kansas Association of Defense Counsel
• Kentucky Defense Counsel
• Louisiana Association of Defense Counsel
• Minnesota Defense Lawyers Association
• Mississippi Defense Lawyers Association
• Nebraska Defense Counsel Association
• New Jersey Defense Association
• North Carolina Association of Defense Attorneys
• Ohio Association of Civil Trial Attorneys
• South Carolina Defense Trial Attorneys’ Association
• Tennessee Defense Lawyers Association
• Utah Defense Lawyers Association
• Virginia Association of Defense Lawyers
• Washington Defense Trial Lawyers
• Defense Trial Counsel of West Virginia
• Wisconsin Defense Counsel

DRI is committed to giving back to DRI members, their communities, and the cities in which DRI holds seminars. That’s why we started The DRI Foundation. The DRI Foundation was built to make a difference. It helps raise proceeds that fund and foster initiatives that make a difference, including diversity programs, healthy living programming, and more.

The DRI Foundation consists of two volunteer-led committees: DRI Cares and DRI for Life. DRI Cares helps members engage with local communities through fundraising and volunteer activities while DRI for Life helps members lead healthy, balanced, and productive lives through wellness activities, support programs, and mentoring.

Examples of programs supported by the DRI Foundation include but not limited to:

• Member attorney support programs
• Healthy living programming and activities at seminars and other events
• Community service projects
• Partnerships with organizations such as Blessings in a Backpack to support meaningful causes
• Disaster recovery
• Support for the judicial system
• Promote and support diversity programs and initiatives

We thank you for being a part of the International Day of Service.

Laura DeMartini joined Hall Booth Smith, P.C. in Atlanta, GA as Of Counsel.  Laura practices in the defense of medical malpractice, long term care, and licensure matters, among other matters related to claims against mental health care facilities and staffing companies.  Laura has been a member of DRI since 2009 and is the immediate past chair of the Medical Liability & Health Care Law Committee.

Sheryl Fay joined Chubb in Philadelphia, PA as Senior Coverage Claims Director, Coverage/Complex Claims. She previously worked at NJM Insurance Group, first as an Environmental Claims Analyst, then as an Attorney and focuses on insurance fraud and insurance law. Sheryl has been a DRI member since 2024.

Mark Goodman received the 2024 Distinguished Service Award from the Workers’ Compensation Section of the State Bar of Georgia. Mark will be the second Swift Currie attorney awarded by the State Bar of Georgia, following Brad Marsh, DRI member since 1992, who received the Thomas O. Marshall Professionalism Award earlier this year. Mark has been a DRI member since 1997.

Scott R. Jennette joined Hodgson Russ in Rochester, NY as a Partner. His 35 years of practice include complex products liability, hazardous substance litigation, and catastrophic personal injury. Scott has been a DRI member since 2014.

Peggah Navab joined Dorsey & Whitney LLP in Minneapolis, MN as an Associate. She advises employers of various sizes in matters of discrimination, harassment, retaliation, and wage and hour issues. Peggah has been a DRI member since 2023.

Joshua Offenhartz, Esq. joined Kahana Feld in Phoenix, AZ as a Partner. He practices in industries such as finance, medicine/healthcare, construction, real estate, and e-commerce. Josh has been a DRI member since 2021.

Heather F. Shore joined Baker Sterchi Cowden & Rice, a DRI Enterprise Member, in Kansas City, MO as a Member. With nearly 30 years of experience, she handles complex construction, surety and commercial litigation matters. Heather has been a DRI member since 2013.

Chazle’ N. Woodley joined Gordon Rees Scully Mansukhani in Raleigh, NC as an Associate. Her law practice areas include commercial litigation, premises liability, product and general liability, and professional liability defense. Chazle’ has been a DRI member since 2023.

James Alexander Wyatt, III joined Wilson Elser, a DRI Enterprise Member, in Birmingham, AL as Of Counsel. With more than 20 years of experience litigating cases in state and federal courts, Alex practices in the areas of toxic tort, construction, transportation, product liability, and medical malpractice. Alex has been a DRI member since 2006.

2025 Insurance Roundtable
March 11–12, 2025 | Chicago, IL

Click on the title to sign up for updates about the upcoming seminar including early registration rates, programming highlights, networking events, and more!

2025 Insurance Coverage and Claims Institute
March 12–14, 2025 | Chicago, IL

Click on the title to sign up for updates about the upcoming seminar including early registration rates, programming highlights, networking events, and more!

2025 Construction Law Seminar
March 17–19, 2025 | Philadelphia, PA

Crawled Excavator - machine digging, Navigating the ever-evolving litigation landscape is a thrilling challenge for both new attorneys and seasoned veterans. As technology advances and construction practices improve nationwide, fresh obstacles arise for insurance companies, lawyers, and clients alike. But don't worry, the DRI Construction Law Committee has your back! Join us as we dive into innovative strategies and share invaluable insights to propel the defense construction practice into 2025. Together, we'll tackle these challenges head-on and chart a course for a successful future. Let's embrace the future of construction law and make strides together! Save up to $700 when you register by January 31, 2025!

2025 Litigation Skills Seminar
March 17–19, 2025 | Philadelphia, PA

Scale of justice - gold scale Jury verdicts are rising nationwide due to economic factors and tactics employed by the plaintiff bar, which include narrative-style storytelling and specific damage claims that encourage speculative damages, leaving the defense bar playing catchup. If you encounter these issues and want tools to fight back, join us in Philadelphia for a hands-on seminar. The first day features a live mock trial with impartial jurors, where defense lawyers will present a case involving nebulous injuries from a clear liability collision to secure a nuclear verdict. You’ll learn trial tactics, strategies, and pitfalls from both sides, watch the jury deliberate, and analyze their thought process. On Wednesday, there will be an open forum with jury consultant Nick Polavin to discuss the mock trial’s outcome and lessons learned. We will conclude the seminar by hearing from subject matter experts in the area of artificial intelligence and the role it has, and will continue to have, in litigation. Get ahead of your competition by learning how to use AI (and importantly, how to use it ethically), and how to identify and combat your opponents’ unethical or problematic use of this changing technology. Save up to $700 when you register by January 31, 2025!

2025 Medical Liability and Health Care Law Seminar
March 17–19, 2025 | Philadelphia, PA

Caduceus (staff of Hermes), medical symbol, Doctor's notes icon. Join us in Philadelphia to hear from vibrant speakers about medical topics such as neurology and pathology, as well as legal topics including witness preparation and the Medicare Secondary Payer Act. The program is designed to foster professional development and growth for the seasoned medical liability attorney and our budding associates. Each day of the seminar includes the opportunity to earn CLE and connect with attorneys from across the country. Save up to $700 when you register by January 31, 2025!

2025 Business and Intellectual Property Litigation Super Conference
March 26–28, 2025 | Atlanta, GA

Click on the title to sign up for updates about the upcoming seminar including early registration rates, programming highlights, networking events, and more!

2025 Toxic Torts and Environmental Law Seminar
March 17–19, 2025 | Philadelphia, PA

The practice areas of toxic torts and environmental law are continuously evolving with new defense strategies, changing case law, and soaring jury verdicts. This year’s conference will be held in sunny Atlanta. Join us at the nation’s premier conference for toxic tort and environmental law practitioners to reconnect with colleagues and discover the latest strategies in the field. Register today for three days of education, business development opportunities, and more! Save up to $700 when you register by February 10, 2025!