The Voice^TM

Education

• 50+ seminars, webinars, and town halls
• 230+ hours of CLE
• 230+ hours of on-demand education

Membership

• Had 2,300+ members join or rejoin the DRI community
• Saw 21 law firms take advantage of DRI’s Enterprise Membership

DRI Foundation

• DRI’s partnership with Blessings in a Backpack provided 22,000 meals
• Provided $20,000 in scholarships
• Helped 6,000+ people through DRI Cares efforts
• Held 55 DRI for Life events

DRI Center for Law and Public Policy

• Filed 11 amicus briefs
• Produced 2 webinars
• Appointed 50 DRI members to committees, task forces, and working groups

Publications

• Produced 36 publications with content spanning 20+ practice areas
• Received 2,367 visits to Court & Counsel: The DRI Blog

And we're not planning on slowing down this year. We’re looking forward to another 12 months of growth, community, and education in 2025. Join us as we see what we can accomplish in the new year!

Below, the Seventh Circuit held that the prospect of an incentive award conferred standing on the plaintiff to continue to pursue the class aspects of the case. By contrast, the Eleventh Circuit has held that incentive awards are unlawful.

The Center’s amicus brief contends that the Supreme Court should grant the petition and reverse the Seventh Circuit. While the prospect of an incentive award gives a putative named plaintiff some stake in a lawsuit, that stake is no different from the one a person who bets on the lawsuit’s result would have. Under the Supreme Court’s precedents, that type of interest is insufficient to confer standing. Rather, the plaintiff’s interest must follow from an injury in fact suffered at the defendant’s hands. A prospective incentive award if the class is certified and the lawsuit is successful meets neither criterion.

The Center’s brief was written by Matthew T. Nelson and Charles R. Quigg of Warner Norcross + Judd LLP. Nelson is a member of the Center’s Amicus Committee and the DRI Board of Directors. Quigg is a member of DRI and the chair of Warner’s Appellate and Supreme Court Practice.

Matthew T. Nelson, Charles R. Quigg

New Committee Appointments

The Center is excited to announce that DRI members Susan Snowden (Jackson Kelly), Lorie Gildea (Greenberg Traurig), and Mychal Schulz (Babst Calland) have joined the Center’s Amicus Committee. Snowden is a past president of the Defense Trial Counsel of West Virginia and also serves on the DRI Appellate Advocacy Committee. Gildea served as Chief Justice of the Minnesota Supreme Court for 13 years. She was the second woman to hold the position and the third longest-serving Chief Justice in Minnesota history. Schulz, who also serves on the Center’s State Legislation and Rules Task Force, will serve as chair of the Appellate Skills Development Subcommittee within the Center’s Amicus Committee. Hillary Taylor (Keating Jones Hughes) is now chair of the DRI Appellate Advocacy Committee and thus holds an ex officio seat on the Center’s Amicus Committee, a position recently vacated by Sarah Spencer (SpencerWillson), who is now a fully appointed member of the Amicus Committee.

Left to right: Susan Snowden, Lorie Gildea, Mychal Schulz, Hillary Taylor, Sarah Spencer

Thank you, Scott and Willy!

DRI and the Center extend profound gratitude to Scott Burnett Smith (Bradley) and Willy Jay (Goodwin Procter), whose long and valuable service on the Amicus Committee ended as of the October 2024 Annual Meeting.

Scott Burnett Smith, Willy Jay

Experience the Best of Chicago in Autumn 

Chicago in the fall is a sight to behold. The city will be alive with excitement, as autumn brings a burst of color, culture, and culinary delights. Chicago is known for its world-class food festivals, major art fairs, and iconic spooky parades that paint the streets with festive charm. Add to that groundbreaking architecture exhibits and an energy that buzzes all season long, and you'll be immersed in the city's unique magic while attending this year’s DRI Annual Meeting.

Unrivaled Networking & CLE Opportunities for Everyone

At the heart of this event are unparalleled networking opportunities with leaders and innovators in civil defense. You’ll have the chance to forge meaningful connections, exchange insights, and expand your professional network. And with exciting new ways to earn Continuing Legal Education (CLE) credits—like CLE on the Go—you can engage with top-tier educational content, earn credits, and explore Chicago all at once! This dynamic program allows you to enjoy both personal and professional growth while taking in the sights of one of America’s most iconic cities.

What’s Coming? Stay Tuned!

We’re just getting started! Over the coming months, DRI will be sharing more details on the exciting programming, networking events, and special opportunities designed to make this year’s Annual Meeting truly unforgettable. From cutting-edge sessions to interactive experiences, this event will be packed with everything you need to stay at the forefront of the civil defense industry. Be sure to sign up for updates and get ready for the event of the year that ALL attorneys defending the interests of business and individuals in civil litigation can benefit from.

First, I learned that January is also National Hobby Month. What is National Hobby Month, you might ask? Well, it’s the perfect time of year to find a new hobby that interests you or to go back to an old hobby that you’ve maybe put aside. According to a poll I found online (and if it’s on the internet, it must be true), cooking and baking are the most popular hobbies in the US¹ This is followed closely by reading. I would definitely put reading at the top of my list. Many years ago, I enjoyed scrapbooking but gave it up as life got busy. Perhaps National Hobby Month is the perfect time to bring those old scrapbook supplies back out! From a wellness perspective, finding an activity that you enjoy outside of work and family obligations can lessen stress, improve your mood, help you find community and ultimately, boost your physical and mental health!

Next up is another one I can really get behind – January is National Soup Month! Who doesn’t love a nice warm bowl of soup in the cold of January? Soup can be an incredibly healthy meal choice. Many soups are a great source of vegetables and other whole foods. And for busy working moms (and dads!), soups can offer a convenient, easy to prepare, healthy option for family dinner. Which leads me to wonder if it’s a coincidence that January is also National Slow Cooker Month? I think not. My favorite will always be the gold standard – tomato soup. What’s yours?

Finally, January is also National Mentoring Month. This celebration is intended to recognize the importance of relationships and guidance in changing the lives of young people. As I look back on my time at school and my early career, the advice and support of professors and attorneys who took the time to mentor and guide me was invaluable. Now, with experience, we have the opportunity to do the same for those entering our profession.

Maybe I will make a few resolutions after all! I resolve to support and mentor a young lawyer by encouraging their participation in DRI and DRI Foundation events. I think I’ll look for a new, healthy soup recipe to make for my family this month. And I might even get around to finally making those baby books!

Happy New Year, DRI! Here’s to a happy and healthy 2025!

Cate Dugan of Peterson White is the Vice President of the DRI Foundation.

In short, the NYCB opinion provides the following guidance:

• Lawyers and law firms have an obligation of technological competence under Rules 1.1, 1.3 and 1.6 to take appropriate steps to protect clients’ confidential data.
• In the wake of a cybersecurity incident, lawyers and law firms may have statutory, regulatory, or contractual obligations to notify clients and other third parties. Separate from and in addition to those obligations, lawyers and law firms have an ethical obligation under Rule 1.4 to promptly notify current clients when a cybersecurity incident occurs that constitutes a “material development” in a representation or must be explained to the client to permit the client to make an informed decision regarding the representation. Although Rule 1.4 does not require notification to former or prospective clients, lawyers may decide, where reasonable, to notify former or prospective clients who are likely to have been harmed as a result of the loss or theft of their sensitive confidential information in a lawyer’s or law firm’s cybersecurity incident.
• If a lawyer or law firm chooses to negotiate with the cyber-extortionists in order to regain system access or protect client information, generally accepted conventions, as well as the underlying rationale of Rules 4.1 and 8.4(c), public policy and the societal good, permit being not candid to those cyber-extortionists about facts relating to the impact of the cyber attack, the victim’s financial situation, and any actions taken to mitigate the damage caused by the attack.
• While not a common occurrence, in situations where a lawyer or law firm receives advance notice of an impending cybersecurity attack through a threat by the cyber-extortionist, a lawyer or law firm must take reasonable efforts to determine the nature of the threat and what, if any, actions the lawyer or law firm can take to prevent or ameliorate any effects to client information or to the lawyer’s ability to competently and diligently represent clients. Rule 1.4 does not require current clients be notified of the cyber threat; however, if the lawyer or law firm reasonably believes that it may have to push back important meetings or events (g., an imminent deal closing, start of trial, or a deposition) for certain client matters because of the likely effects of a credible cyber threat on its ability to perform the necessary work, the lawyer or law firm should promptly inform the affected clients that emergent circumstances have arisen and advise them of the efforts that the firm is taking to reschedule those meetings or events.
• When a lawyer or law firm is the victim of a cybersecurity incident, there is no ethical prohibition against paying, or obligation to pay, a ransom.
• Rule 1.7 may prohibit lawyers or law firms from continuing to represent (or from taking on a new representation of) a client whose confidential information has or may be compromised in a cybersecurity incident if (1) the client’s obligations to or interest in further reporting the cybersecurity interest differ from the lawyer’s or law firm’s interests; or (2) the client may have a claim or has expressed that it may have a claim of malpractice or breach of fiduciary duty against the lawyer or law firm as a result of the cybersecurity incident.
• A lawyer or law firm that is the victim of a cybersecurity incident and wishes to report it to law enforcement or cooperate in a governmental investigation into the incident must be cognizant of its continuing confidentiality obligations to current, former, or prospective clients under Rules 1.6, 1.9 and 1.18, and of the potential adverse effects to the clients that may result by reporting information to the government. In making a disclosure to the government, the lawyer should consider whether it should: (1) report the incident but not disclose the clients whose files were taken or other confidential client information; or (2) obtain consent from the affected clients, former clients or prospective clients to the disclosure of client confidences to the government; or (3) limit disclosures to those client confidences that are reasonable and impliedly authorized to advance the best interests of the clients, such as by stopping an ongoing breach or recovering a clients’ confidential information.
• For further or more specific guidance on this topic, don’t hesitate to get in touch with our senior risk management attorneys. To obtain a consultation, you should log in to Attorneys Risk Management, and click on the “Request a Risk Management Consultation” button.

1. Clarify the firm’s needs and create a target profile of a potential hire

• Identify the specific capabilities or practice areas you’re looking to strengthen.
• Define the firm’s values and culture to assess how a candidate would fit into the firm’s unique environment.
• Thoughtfully determine what level of experience would benefit the firm and identify which practice areas need additional talent.

2. Try and avoid recruiters

• Get creative about how you find candidates; leverage your network of clients, referral sources, alumni organizations and other lawyers to identify qualified prospective hires.

3. Consider having them sign an NDA

• If you are interviewing competitors and discussing clients, it’s always a good idea to keep things confidential.

4. Carefully manage the recruitment and interviewing process

• Establish a timeline for interviews and decisions, and clearly communicate with candidates throughout the process.
• Engage stakeholders in a well-choreographed interviewing process. Carefully select a range of partners, associates, and staff to interview the candidate, and make sure that all interviewers are prepared with an outline and a list of strategic and open-ended questions to pose to the potential hire.
• Use interviews to assess cultural fit.

5. Evaluate their book of business (if they have one) 

• Review their client base to see if it can benefit your firm.
• Use this as an opportunity to discuss business development and assess their ability to originate the right type of business.

6. Be thoughtful about the offer 

• Ensure that your compensation package is competitive and complement it with a clear plan for professional development, mentoring, and a flexible work schedule.

7. Create and implement a formal plan for onboarding 

• Involve stakeholders in developing a clear plan for integrating the new hire into the firm.
• This plan must encourage new relationships, ensure the establishment of trust, demonstrate complementary skills and abilities, and provide an explicit list of expectations to guide their first year at your firm.
• The onboarding process must be actively managed by an internal “champion” at the firm. This is the person that will “own” the success – or failure – of giving the new hire the right start.

8. Adopt a system for performance management 

• Assign a mentor or supervisor to the new hire. This person will be charged with scheduling check-ins to address concerns and provide support.
• Ensure the delivery of consistent feedback to and from the new hire.

9. Measure success 

• Create KPIs (key performance indicators) for the new hire, accompanied by the specific support offered by the firm to help them accomplish their goals.
• Evaluate the success of the new hire to identify opportunities to improve the process in the future.

With the right approach, the lateral hiring process can be a lucrative investment for a growing law firm. By following these steps, bringing on the right attorney will yield exponential dividends.

Wendy Merrill, founder of StrategyHorse, is a law firm consultant who helps law firms to win the war for legal talent while enhancing profitability.

Brian D. Barnas joined Berkshire Hathaway Direct Insurance Company in Omaha, NE (remotely and based in Buffalo, NY) as Claims Counsel. He previously worked at Hurwitz Fine P.C. as an Associate Attorney then a Member. Brian has been a DRI member since 2017.

Katie Embry joined the Warren County Attorney’s Office in Bowling Green, KY as an Assistant County Attorney. She previously worked at Bell, Orr, Ayers & Moore, P.S.C as an Associate Attorney. Katie has been a DRI member since 2023.

Jacob Flowers joined IAPP, International Association of Privacy Professionals, in Columbia, SC as IAPP Privacy Professional and is CIPP/US (Certified Information Privacy Professional/United States) certified. He has experience as a litigator and in privacy law and data management counsel. Jacob has been a DRI member since 2023.

Litchfield Cavo LLP announced the transition of Susan Jan Hueber to National Managing Partner, effective January 1, 2025. Jan is currently a Partner in the firm’s Dallas-Fort Worth office and will become the third managing partner and the first woman to do so in the firm’s history. She will oversee operational leadership across the firm’s 23 offices nationwide in her new role and has been practicing law for more than 36 years. Jan has been a DRI member since 2017.

Melody C. Kiella joined Cuzdey, Stine & Sansalone LLC (CSS LLC) in Alpharetta, GA as Staff Counsel. In her current role, she utilizes her civil defense trial and litigation skills to focus exclusively on the representation of insurers and insureds in connection with Georgia workers’ compensation claims at CSS LLC. Melody has been a DRI member since 2015.

Sara A. LaRosa joined Leake & Andersson LLP in New Orleans, LA as an Associate. She practices law focusing primarily on the areas of insurance defense, personal injury, property, and transportation. Sara has been a DRI member since 2020.

Ann Motl joined Bowman and Brooke LLP in Minneapolis, MN as Senior Counsel. She was recently recognized as a finalist for Young Lawyer of the Year – Beyond Practice in the 2024 Industry Awards by The American Lawyer. In her practice she defends medical device and pharmaceutical manufacturers in product liability litigation. Ann has been a DRI member since 2022.

Troutman Pepper and Locke Lord LLP merged on January 1, 2025. The combined law firm is Troutman Pepper Locke LLP and will offer clients greater resources and expanded geographical reach. There are 20 DRI members at the merged law firm.

2025 Product Liability Conference
February 19–21, 2025 | Miami, FL

Product liability is an ever-changing world. How can we continue to be good litigators, and at the same time keep our own heads and wits about us? Immerse yourself in the dynamic world of product liability in sunny Miami, where you’ll engage with judges, industry leaders, and top lawyers from across the nation. Uncover strategies to stay composed under pressure, master the use of digital evidence and litigation technology, and effectively incorporate visuals in trials. Plus, find opportunities to explore the psychology behind successful mediations, understand and address social inflation, and keep up with the latest regulatory changes. Don’t miss DRI’s great opportunity to expand your network and enhance your expertise. Save up to $500 when you register by February 18!

2025 Civil Rights and Governmental Tort Liability Seminar
February 26–28, 2025 | San Antonio, FL

This seminar marks the 38^th of its kind, providing you with invaluable information and tools to represent your governmental clients. This year’s faculty includes preeminent insurance professionals, a renowned Supreme Court advocate, a well-respected Plaintiff’s attorney, a qualified immunity scholar, and prison experts from across the United States. Attendees will experience an assortment of topics, including handling prison medical claims, cannabis use and employment issues for public entities, Title IX updates, dealing with pro se litigants, how to handle 30(b)(6) depositions in the context of wrongful conviction cases, and considerably more to support a client’s success! Throughout the program you will have an abundance of opportunities to network, exchange ideas, and gain winning strategies from experienced litigators and insurance professionals. We look forward to you joining DRI in San Antonio, Texas for our annual, premier Civil Rights and Governmental Tort Liability Seminar. Save up to $700 when you register by January 13!

2025 Women in the Law Seminar
February 26–28, 2025 | San Antonio, FL

As women in the legal field, we have spent an inordinate amount of time and energy trying to fit into a profession that was not historically built for us. What if, instead, we focused our time and energy on the things we value and that make us valuable to our profession? DRI’s Women in the Law Seminar hopes to achieve just that with programming and networking events focused on issues and topics meant to explore women’s unique strengths and challenges, celebrating all of our victories and defeats, and leaning into our true selves to ultimately find the joy and strength in our authenticity instead of trying to fit the outdated mold originally created by and for men. Save up to $700 when you register by January 13!

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

Secure your Golden Ticket to this premier and exclusive opportunity to network and brainstorm with leaders of the insurance industry and defense bar. This program is designed to pair industry representatives with outside counsel on a one-to-one basis, allowing for maximum networking opportunities for all parties involved. Discuss and debate important and significant challenges facing the industry and forge synergistic relationships with your peers. This registration is for Defense Counsel only and seating is limited. For insurance executives and insurance company in-house counsel: this program is FREE.

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

Join us this March in Chicago at DRI’s flagship seminar for insurance executives, claim professionals, and outside counsel. The 2025 Insurance Coverage and Claims Institute will encompass a variety of sessions to make sure you are well informed on the new latest industry developments, strategies, and sweeping trends in insurance coverage. The seminar will also provide multiple opportunities to network and build lasting relationships. We look forward to welcoming you to The Windy City! Save up to $700 when you register by January 27!

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 February 14!

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 February 14!

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 February 14!

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

With just 25 years having passed since the start of the millennium, the world has seen a century’s worth of unparalleled developments in technology; innovations in internet technologies, artificial intelligence, worldwide connectivity, and digital art are just a few of the many changes we’ve seen move at breakneck speeds. Businesses and their legal advisors must keep up, get left behind, or worse, fall victim to a host of new liabilities and pitfalls that were mere concepts a few short years ago. Join us in Atlanta to learn how you can not only guard against risks to your business and intellectual property but leverage these developments in your practice. Save up to $700 when you register by February 14!

2025 Toxic Torts and Environmental Law Seminar
March 26–28, 2025 | Atlanta, GA

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 14!

2025 Life, Health, Disability and ERISA Seminar
April 9–11, 2025 | Denver, CO

Join us in the vibrant city of Denver for an unparalleled conference that brings together the brightest minds in the industry. Set against the stunning backdrop of the Rocky Mountains, this event offers a unique opportunity to network with top professionals, gain insights from thought leaders, and explore the latest trends shaping the Life, Health, Disability & ERISA landscape. Whether you are looking to sharpen your skills, expand your professional network, or stay ahead of the curve in your practice, this conference is designed to empower you with the knowledge and connections you need to succeed. Save up to $700 when you register by February 10!

2025 Employment and Labor Law Seminar
May 7–9, 2025 | Nashville, TN

Get ready to experience the vibrant energy of Music City at DRI’s 48^th annual Employment and Labor Law Seminar! This premier event is the ultimate gathering for top-tier management-side employment and labor attorneys, in-house counsel, human resources professionals, and employment practices liability insurance (EPLI) representatives from across the US and Canada. Immerse yourself in intensely practical sessions, complete with invaluable written materials, designed to benefit both seasoned practitioners and those new to the field. Don’t miss out on our dynamic networking events, perfectly situated near Nashville’s iconic Broadway Historic District. This is your chance to connect, learn, and grow with the best in the business. Join us for an unforgettable seminar that promises to elevate your expertise and expand your professional network! Save up to $700 when you register by March 24!

2025 Retail and Hospitality Litigation Seminar
May 15, 2025 | Nashville, TN

Join us for the 2025 DRI Retail and Hospitality Litigation Seminar in Chicago—a dynamic city known for its iconic architecture, rich cultural history, and vibrant food scene! The 2025 seminar offers valuable insights from leading experts on the latest legal challenges facing the retail and hospitality industries. This is an excellent opportunity for lawyers, retail and hospitality operators, vendors, claims professionals, and insurers to stay informed on the latest legal trends, developments, and strategies for effectively managing risk in their practices. Plus, experience the energy and innovation that Chicago has to offer! Save up to $400 when you register by May 14!