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FDCC ARTICLE OF THE MONTH
 

The FDCC promotes scholarship among its members to benefit the defense community.  At each of our semi-annual meetings, over twenty papers and programs are presented on a wide range of legal topics.  In addition, for over half a century, FDCC members have published law review style articles in the Federation of Defense & Corporate Counsel Quarterly

 


 
This month's featured article by...

Ned Currie Howard Hunter James Dodrill Douglas Richmond


Edward J. Currie, Jr. (Currie, Johnson, Griffin & Myers, Jackson, MS), C. Howard Hunter (Hill, Ward & Henderson, Tampa, FL), James A. Dodrill (The Progressive Group of Insurance Companies, Charleston, WV), and Douglas R. Richmond (Aon Professional Services, Chicago, IL) presented “The Four R’s of Guarding Against and Surviving Law Firm Theft and Embezzlement.”  This presentation was made at the 2014 Annual Meeting at the Greenbrier.  This panel discussed measures to identify, prevent, and address theft and embezzlement. 

 



ARTICLE ARCHIVE...

 

March 2014
The Honorable Sanford Brooks (Judicial Arbiter Group, Inc., Denver, CO), Clark R. Hudson (Neil, Dymott, Frank, McFall & Trexler APLC, San Diego, CA), and Phil Richards (Richards & Connor, Tulsa, OK) presented “Darrow’s Tactics in the Modern Trial” at the 2014 Winter Meeting in Marco Island.  The presentation was at the General Session.  The panel discussed whether courts would permit Darrow’s tactics today and if permitted, whether these tactics be effective.


February 2014
Thayla P. Bohn (American Fidelity Corp., Oklahoma City, OK) and Brett J. Preston (Hill Ward & Henderson PA, Tampa, FL) presented “Managing Ethical Risks and Avoiding Malpractice and Close Attorney-Client Relationships.”  The presentation was at the Plenary Session of the 2013 Annual Meeting.  The speakers advised how to avoid mistakes that lead to malpractice claims.


January 2014
Michael K. Kiernan and Michael F. Lenhardt (Traub Lieberman Straus & Shrewsberry, LLP, St. Petersburg, FL), W. Neil Rambin (Sedwick LLP, Dallas, TX), James L. Kelly, Jr. (ACE, Wilmington, DE), and Jeffrey S. Weinstein (Mound, Cotton, Wollan & Greengrass, New York, NY) presented “What’s in a Named Storm?”  The presentation was at the Property Insurance Section’s meeting.  It addressed the lessons learned from Superstorm Sandy. 


December 2013
Peter S. Doody, Higgs, Fletcher & Mack, San Diego, CA presented “’Hot’ Trucking Topics-Courtesy of the DOT” at the 2013 Annual Meeting at The Broadmoor, Colorado Springs.  The presentation was at the Transportation Section’s meeting.  It addressed new regulations and legislation concerning trucking, along with industry’s response to these initiatives. 


November 2013
The Federation’s Corporate Counsel Symposium does not go unnoticed in the world of corporate litigation management. The most recent CCS in Chicago last September featured a presentation entitled “Mississippi Burning: Eaton v. Frisby and the Ruin of Best Intentions,” by Brett J. Preston, Hill Ward & Henderson, PA, Tampa, FL, which focused on the out-of-control case of Eaton v. Frisby pending in a Mississippi circuit court since 2004 when it began as a trade secrets case. Attorneys’ fees to date are estimated at $75 million (yes, $75M). The CCS presentation was mentioned in a recent article about the Eaton case in the Cleveland Plain Dealer, including a quote from Christopher P. DePhillips, Porzio, Bromberg & Newman, PC, Morristown, NJ, one of the CCS vice-chairs: “The manner in which this litigation has ballooned over the last decade is nothing short of shocking, and proves how uncontrollable litigation can become for any party when wrong turns are made at the forks in the road along the way.”


October 2013
John P. Rahoy
, Brown & James, PC, St. Louis, MO and James M. Seedorf, Hughes Pfiffner Gorski Seedorf & Odsen, LLC, Anchorage, AK, co-authored and presented a program to the Premises Liability/Products Liability/Healthcare Practice/Intl. Practice & Law section meeting at the 2013 Annual Meeting in Colorado Springs, CO entitled “The Aftermath of Mass Violence: Legal and Psychiatric Implications.” This timely program deals with the legal and psychological impact of a mass violence event, such as the Columbine High School shootings in Littleton, CO. The presentation of the paper included participation of Doris Gunderson, M.D., a board certified Forensic Psychiatrist.


 September 2013
Elliot G. Hicks, Spilman Thomas & Battle, Charleston, WV, made a presentation at the 2013 Annual Meeting at The Broadmoor, Colorado Springs, titled “Driving Your Practice into the Online Economy.” This program, presented at the Management, Economics, E-Commerce, and Technology Section meeting, provides guidance for establishing a social media presence for your law firm.


August 2013
Clark R. Hudson, Neil, Dymott, Frank, McFall & Trexler APLC, San Diego, CA, made a presentation at the 2013 meeting in San Antonio as a part of the Trial Master series on how to conduct voir dire under court-imposed time restraints. In his paper, "Voir Dire: How to Conduct an Effective Voir Dire for the Defense Under Time Restraints", Clark discusses the difficult question of how to engage the jury during a 20-30 minute voir dire so that trial counselcan effectively identify bias, disclose the issues in the case, and create rapport with the jury.


July 2013
Robert L.Christie
, Christie Law Group, PLLC, Seattle, WA; Daniel R. McCune, Kennedy Childs, PC, Denver, CO; and Thomas G. Oakes, Philadelphia, PA (a long-time exhibitor and friend of the FDCC),joined forces at the 2013 Winter meeting in San Antonio to present a program entitled “An App a Day keeps the Jury in Play – How to use the iPad to capture and hold a Jury’s Attention.” The paper accompanying this presentation offers step-by-step instructions for setting up your iPad in the courtroom to use wirelessly (or tethered to a projector if necessary). In addition, the paper offers comparisons between popular presentation apps such as Keynote, Trialpad, and Trial Director Mobile. This paper is a valuable resource for anyone who wants to use an iPad for trial work.


 June 2013
Marc A. Young, Cokinos, Bosien & Young, San Antonio, TX; Paul M. Finamore, Niles, Barton & Wilmer,LLC, Baltimore, MD; James D. Ebanks, Ebanks Horne LLP, Houston, TX; John P. Rahoy, and Brown & James, PC, St. Louis, MO, presented a paper at the 2013 Winter Meeting in San Antonio, entitled “Construction without Destruction: How to Prepare and Prevent as Opposed to Repair and Repent.” This timely paper deals with how to prevent catastrophic worksite accidents, like the BP oil spill and how to deal with such an event if it does occur. This issues covered include how to respond internally and to the public, what human factors contributed to worksite accidents and how an expert reconstructionist might deal with human factors. Finally, the paper covers how to deal with the inevitable litigation ranging from liability claims to employment issues.


May 2013
 “Game on! The Players and Carriers versus the NFL”
was presented to a combined section presentation of Extra-Contractual Liability, Appellate, Life, Health & Disability, and Professional Liability Sections at the 2013 Winter meeting in San Antonio, by Samuel D. Carucci, Allied World Assurance Company, New York, NY; John S. Wilkerson, III, Turner, Padget, Graham & Laney, PA, Charleston, SC; Heidi G. Goebel, Christensen & Jensen, PC, Salt Lake City, UT; and Stacy A. Broman, Meagher & Geer, PLLP, Minneapolis, MN. This is a timely article about the litigation that has appeared in response to concussion injuries at all levels of football, from high school to the NFL. The authors give an excellent account of the substantive and procedural aspects of the NFL litigation, now consolidated in an MDL in Pennsylvania,as well as related coverage litigation between the NFL and its insurers.


April 2013
Marisa Trasatti, Semmes, Bowen & Semmes, Baltimore, MD, and Jeffrey Pilkington, Davis Graham & Stubbs LLP, Denver, CO, presented a timely program at the 2012 Annual Meeting in Whistler, British Columbia, Canada, to the Drug, Device and Biotechnology sections entitled "Defending Products Liability Suits Involving Off-Label Use." As the program title indicates, the program focused on the rapidly changing law regarding the practice of many physicians to prescribe medications to treat diseases other than those for which the medication is approved.


March 2013
Robert L. Christie
,
Christie Law Group, PLLC, Seattle, WA, Todd Raskin, Mazanec, Raskin & Ryder Co., LPA, Cleveland, OH, and Kile T. Turner - Norman Wood Kendrick & Turner, Birmingham, AL, raised the bar for section presentations at the 2012 Annual Meeting in Whistler, British Columbia, Canada, with a program entitled "The Art of Presentation in the World of the Short Attention Span." This program was truly a state-of-the-art presentation of courtroom demonstrative evidence, prepared and presented entirely using an iPad. In addition to the fine content of the program, the speakers gave a tutorial in how to use technology in the courtroom.


Winter 2013
Elizabeth F. Lorell, Gordon & Rees LLP, Florham Park, NJ and Terence M. Ridley, Wheeler Trigg O'Donnell LLP, Denver, CO, and Michele Ballard Miller, Miller Law Group, San Francisco, CA, wrote a paper entitled "Class Action Litigation: One Year After Dukes vs. Wal-Mart: A Happy Anniversary?" and presented it along with John M. Intondi, AXIS Insurance, Alpharetta, GA, Marie Y. Burdett, GEICO Insurance Co., Chevy Chase, MD, and Jeanette Dixon, AIG, New York, NY, at the 2012 Annual Meeting in Whistler, British Columbia, Canada. This program follows subsequent judicial developments afterthe landmark class action decision by the United States Supreme Court that decertified a class of 1.5 million present and former Wal-Mart employees in a massive discrimination case.


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