Thursday, April 14
8:30 – 8:45 am
WELCOME FROM THE CHAIR
OPENING REMARKS AND ANNOUNCEMENTS
8:45 – 10:00 am
PLENARY 1
PSYCHOLOGY OF THE MODERN FACT FINDER
This session will delve into the ever-changing psy- chology of the modern fact finder, be it jury, judge or arbitrator. It will discuss the impact of social media and the economic downturn on the modern fact finder.
Speakers:
Dr. Arthur H. Patterson
Decision Quest, State College, PA
Judge Pendleton Gaines
Phoenix, AZ
Timothy R. Thornton
Greensfelder, Hemker & Gale, P.C., Chicago, IL
10:00 – 11:00 am
PLENARY 2
E-DISCOVERY: A VIEW FROM THE BENCH AND THE PRACTITIONER Although El e ct ronic Discove ry rules have been
adopted by the Federal Courts and many state
courts, practical compliance often requires a tech-
nical expertise frequently beyond that of the judge
or lawyer. This session will provide the construction
practitioner with tips on how to be proactive and
practical in E-Discovery. More importantly, it will
provide tips on how to manage the process by
informing and affecting the view from the Bench.
Moderator:
Allison Skinner
Sirote & Permutt, PC, Birmingham, AL
Speakers:
Hon. David J. Waxse
United States Magistrate Judge, Kansas City, KS
Robert W. Pass
Carlton Fields, P.A., Tallahassee, FL
11:00 – 11:15 am
BREAK
11:15 – 12:15 pm
WORKSHOP A:
MANAGING ELECTRONIC DISCOVERY COST EFFECTIVELY
This session will explore the nuts and bolts of Managing Electronic Discovery in a cost effective manner. This session will address the initial deci- sions that confront the client and counsel: (1) use of in-house IT Departments or engaging consulting firms; (2) compliance with litigation hold letters, whether the client is a multi-national construction firm or a local subcontractor. It will also provide strategies to effectively and efficiently conduct dis- covery in the age of Electronic Discovery.
Speakers:
Norman Jetmundsen Jr.
Assistant General Counsel,Vulcan Materials
Company, Birmingham, AL
David Deusner
Bradley Arant Boult Cummings, LLP
Birmingham, AL
WORKSHOP B:
PROJECT MANAGEMENT IN THE
21ST CENTURY
Construction Management is changing dramatically through the use of Electronic Project Management. This workshop will provide a demonstration of EPM; a discussion of how contract language, document control and construction management have to be adapted for projects utilizing EPM; and how management of a construction project is improved through the use of EPM.
Speakers:
David A. Scotti
Hergenroeder Rega Scotti Ewing & Kennedy, LLC
Pittsburgh, PA
Laura Goetsch, CEO
The Simplex Group, Pittsburgh, PA
Dominick DeSalvo
DeSalvo Enterprises, Inc., West Mifflin, PA
Peter Mansmann
Precise, Inc., Pittsburgh, PA
12:15 – 1:45 pm LUNCH/FORUM BUSINESS MEETING/ELECTION OF OFFICERS/PRESENTATION OF AWARDS
2:00 – 3:15 pm
PLENARY 3
A201’S ROCKY ISSUES: DRILLING DOWN AND HAMMERING OUT
Since the publication of the 2007 A201, many diffi- cult and controversial issues have challenged con- struction industry participants at the negotiating table and in the court room. This session will focus on interpreting and modifying some of the tougher provisions.
Speakers:
Ty D. Laurie
Laurie & Brennan LLP, Chicago, IL
W. Alexander Moseley
Hand Arendall LLC, Mobile, AL
Lynn R. Axelroth
Ballard Spahr LLP, Philadelphia, PA
3:15 – 4:15 pm
PLENARY 4
THE STATE OF PRIVILEGES:
The attorney-client and work product privileges are well k nown. However, there are other privileges that the practitioner must know and protect. This session will address these privileges and the systems that should be enacted to maintain and protect those privileges. This session will also address the change in the Federal Rules which design a te certain consultant materials as wo rk product and the trend of magistrates narrowly interpreting privileges.
Speakers:
Ryan A. Hiss
Lymann & Nielsen, LLC, Oak Brook, IL
Daniel P. King
Frost Brown Todd, LLC, Indianapolis, IN
David J. Theising
Harrison & Moberly, LLP, Indianapolis, IN
4:15 – 4:30 pm
BREAK
4:30 – 5:30 pm
WORKSHOP C:
DRAFTING EFFECTIVE, ENFORCEABLE
CONSULTING AGREEMENTS TO
PROTECT AND MAINTAIN PRIVILEGES AT VARIOUS STAGES OF THE PROJECT/LITIGATION
Consultants are utilized in most construction dis- putes. The information exchanged between lawyer, client and consultant can be privileged to a certain extent. This session will provide drafting techniques on how to structure the consulting agreement to maintain the privileges, and practical tips on how to manage the flow of information so that privi- leges are not inadvertently breached.
Speakers:
Joel J. Rhiner
Stein Ray & Harris LLP, Chicago, IL
Michael Knapp
Bradley Arant Boult Cummings LLP
Charlotte, NC
4:30 – 5:30 pm
WORKSHOP D:
AIA AND CONSENSUSDOCS COLLABORATIVE AGREEMENTS: ARE WE REALLY WORKING TOGETHER?
This workshop will address the AIA C191 (2009), Standard Form Multi-Party Agreement for Integra- ted Project Delivery and the Consensus-DOCS 300, Standard Form of Tri-Party Agreement for Colla- borative Project Delivery. Are these documents being used, and if so, what is the experience?
Speakers:
Howard R. Ashcraft, Jr.
Hanson Bridgett, LLP, San Francisco, CA
Douglas C. Green
Perkins & Will, Minneapolis, MN
Kevin A. Delorey
Quarles & Brady, LLP, Madison, WI
Friday, April 15
7:30 – 12:30 pm
REGISTRATION AND EXHIBITS OPEN
7:30 – 9:30 am
CONTINENTAL BREAKFAST
8:00 – 9:30 am
DIVISION BREAKFAST MEETINGS
9:40 – 9:45 am
OPENING REMARKS AND
ANNOUNCEMENTS
9:45 - 11:00 am
PLENARY 5
JURY SELECTION – LEADING EDGE TOOLS AND TECHNIQUES
Juries are constantly changing. The make-up of the jury many times can be outcome determinative. This session will focus on the latest studies and techniques in selecting a jury. This study of human behavior should be of interest to the litigator and transactional lawyer dete rmining which dispute resolution provision to recommend to his or her client.
Moderator:
Charlotte Wiessner
Sherman & Howard, Denver, CO
Speakers:
Scott D. St. Marie
Schnader Harrison Segal & Lewis, LLP,
New York, NY
Joseph A. Battipaglia, P.E.
Duane Morris LLP, Philadelphia, PA
Jill M. Leibold, Ph.D.
Litigation Insights, Overland Park, KS
11:00 – 11:15 am
BREAK
11:15 – 12:15 pm
WORKSHOP E
USING TECHNOLOGY TO PRESENT YOUR CONSTRUCTION CASE: MAKING THE COMPLEX SIMPLE AND PERSUASIVE.
Construction cases present unique difficulties in the presentation of evidence. The fact intensive, document heavy, highly technical nature of such cases impose on the attorney an obligation to streamline, simplify (and make inte resting) the presentation of his or her case, which can only be accomplished with the liberal use of demonstrative evidence. This session will address various types of demonstrative exhibits—from low-tech to high- tech—and the special considerations the use of such evidence requires.
Speakers:
Louis R. Pepe
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Hartford, CT
Edward Josiah
Nautilus Consulting, LLC, Commack, NY
11:15 – 12:15 pm
WORKSHOP F
DAUBERT: USE IT TO YOUR ADVANTAGE WHEN PRESENTING YOUR CASE
As case law interpreting Daubert develops, applica- tion of its rules and principles in complex construc- tion disputes is becoming more nuanced. This workshop will delve into Daubert-based challenges so that the construction practitioner, whether seek- ing to introduce or challenge an expert or his or her testimony, will have a better understanding of the process, the key cases and some lessons learned along the way.
Speakers:
Christopher J. Heffernan
Niles, Barton & Wilmer, LLP, Baltimore, MD
Jocelyn Knoll
Dorsey & Whitney LLP, Minneapolis, MN
12:15 pm
ADJOURN
Saturday, April 16
8:15 – 8:20 am
OPENING REMARKS AND
ANNOUNCEMENTS
8:20 – 9:20 am
PLENARY 6
LAW FIRM DIVERSITY BEST PRACTICES: THE ESSENTIALS TO STARTING AND MAINTAINING AN EFFECTIVE DIVERSITY INITIATIVE FOR HIRING AND RETENTION
The program will address: (1) importance of diversi- ty within a law firm; (2) development of a diversity committee within a law firm; and (3) sustainability of an effective diversity committee.
Moderator:
John R. Heisse II
Howrey LLP, San Francisco, CA
Speakers:
Anne E. Gorham
Stites & Harbison PLLC, Lexington, KY
Lida Rodriguez-Taseff
Duane Morris LLP, Miami, FL
Heidi Hennig Rowe
Schiff Hardin LLP, Chicago, IL
9:20 – 9:30 am
BREAK
9:30 – 10:30 am
PLENARY 7
UNDERSTANDING YOUR CLIENT’S BUSINESS — WHAT’S HOT TODAY?
Aside from the practice of law, the construction practitioner now must understand his or her client’s business in order to add true value to the relation- ship. This session will focus on the business trends, such as Six Sigma and other trends.
Speakers:
John Snyder
Bechtel Corporation, Frederick, MD
Trevor Ladner
Alberici Group, St. Louis, MO
10:30 – 10:40 am
BREAK
10:40 – 11:40
PLENARY 8
ETHICAL ISSUES FACING LAWYERS, JUDGES, ARBITRATORS, AND MEDIATORS IN THE AGE OF SOCIAL MEDIA
Ethics Presentation. Learn what’s ethical and what’s not when using information from social network profiles for investigative purposes or for marketing purposes. Find out who’s your friend and whether “friending” could ever be construed as deceptive. Discover if infor- mation on your (or your staff’s) profiles could jeopardize client confidentiality. Get smart about configuring privacy settings in your profile to avoid potential ethical traps and potential bias. Consider implementing a social networking policy to comply with ethical rules.
Speakers:
Carole Levitt, President
Internet for Lawyers, Rio Rancho, NM
Mark Rosch, Vice President
Internet for Lawyers, Rio Rancho, NM
11:40 am
ADJOURN
