fdcc winter meeting 2012...cuisine. sombreros encouraged! schedule your spa appointment early for...

Registration

Activities

Dining

Other Activities

CLE Program

Committee Meetings

Convention Committee

Welcome

Thank You

FDCC Winter Meeting2012

MARCh 3-10, 2012 WALDORf AsTORiA ARizOnA biLTMORE PhOEnix, ARizOnA

2 | FDCC WINTER MEETING 2012

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This Saturday to Saturday meeting is scheduled for March 3 – 10, 2012. Located approximately fifteen minutes from Phoenix’s Sky Harbor Airport, the Arizona Biltmore, designed by Frank Lloyd Wright, was built in 1929. Surrounded by mountains, the Biltmore offers fantastic scenery and plenty of activities. Don Myles has planned a phenomenal, cutting-edge program, “Legal Spring Training: Working on the Fundamentals.” Opening the program will be the 2012 Trial Masters “Fundamentals of Trying the Big Damage Case.” Another high profile plenary session topic is “Negotiations and Sports,” with NFL referee Ed Hochuli, agents, and NFL staff discussing how the league and players negotiated and litigated in 2011. Fitting for Arizona, “Immigration and Economics,” as well as “Legal Apps to Make Your Life Easier,” 10 legal applications for your phone, computer and ipad that you must have to keep up in the new age of change, are scheduled for the plenary session. Roger Crawford, an inspirational speaker and national award winner will mesmerize you with his thoughts. Closing out the week of sports and CLE will be George Will whose writings include Men At Work: The Craft of Baseball, Bunts: Curt Flood, Camden Yards, Pete Rose and Other Reflections on Baseball, a best-selling collection of new and previously published writings. Take your family out to the ballgame and enjoy some of the many spring training exhibi-tion games occurring during the first week of March, 2012. With the “Valley of the Sun” playing host to spring training for fifteen (15) major league baseball teams, it is guar-anteed that there will be at least three to five major league spring training games a day while the FDCC is in town. As of the date of the printing of this brochure, spring training schedules are not available. Please visit www.cactusleague.com for game information and ticket options. Make sure to buy some peanuts and crackerjacks along the way. Phoenix and its surrounding area is a mecca for outdoor enthusiasts. Hiking, biking, and rafting are being offered. For the more adventurous, throw the ball in the air and enjoy the ride on the Desert Dog Hummer Tour. For the golfing enthusiasts, there are over 200 golf courses in Phoenix and its surrounding area. The Biltmore has (2) golf courses on property. To book tee times and check prices for other courses, go to www.golfhub.com.

Welcome


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http://www.cactusleague.com

http://www.golfhub.com

ARIZONA BILTMORE | 3

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After participating in the outdoor activities, food will be a necessity. By all accounts, there are over 200 restaurants within twenty minutes of the Biltmore property. Cooking and tasting events are also scheduled. “A Taste of Old Town Scottsdale,” a walking food and cultural tour full of stories of the Old West, demonstrations and delectable food and wine, is available early in the week. At the end of the week, grill masters can take advantage of the “Backyard Barbeque.” This is not your ordinary barbeque. Chef Todd will show off his culinary expertise with bourbon, scotch, Irish whiskey, and a grill. An FDCC cookbook will be compiled and presented to participants in this event. Chefs may also cook their own lunch during the “Taste of the Southwest Cooking Demonstration” at the Desert Bo-tanical Gardens. Covering over 50 acres, the garden has 6 major trails and exhibits and is home to over 21,000 plants. As for the more traditional events, on Tuesday, there will be a Fiesta in honor of Presi-dent Mike Neil and First Lady Jan Neil. Recepcion del Presidente will take place in the mountain splendor of the Squaw Peak Lawn. Celebrating with a Mexican theme, guests can enjoy the sounds of the Mariachi band and the tastes and smells of the Mexican Cuisine. Sombreros encouraged! Schedule your spa appointment early for FDCC’s spa day. On Wednesday, March 7, the spa has agreed to a 20% discount on all services. Appointments should be made in advance of the meeting. Space is limited. We look forward to seeing you Thursday night at the theme party, an FDCC All-Star Bash. Grab your hat and glove and wear your baseball jersey to this interactive event. Former pitchers can test their pitching skills; hitters can show off their form. Enjoy the tastes from ballparks throughout the country. The week will close with the traditional FDCC Black Tie Dinner and Dance. Snake Eyes, an FDCC favorite, will perform, for the evening. Be on the lookout though, there will be surprises throughout the week. Mike, Jan, Jim, and I look forward to running around the bases with you in Phoenix.

Deb and Jim Varner Convention Chairs

2012 FDCC Winter Meeting

Arizonabiltmore


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-

Registration for Meeting: Registration forms must be received no later than January 21, 2012. Hotel res-ervations must be made separately by calling the hotel directly. We encourage you to make your reservations early. Registration Options: Electronic registration will be available through January 21, 2012 on the FDCC website. To register online, log in as a member and click on “Meeting Registra-tion” listed on the left under Member services or click here. You will receive an email confirmation immediately after you register. Please contact the FDCC office at (813) 983-0022 if you need to make any changes or corrections to your registration.Click here for Defense Counsel form. Click here for Corporate Counsel form. By fax, complete the registration form and send it to (813) 988-5837. Payment by credit card is required if registration is done by fax. If you prefer to mail your completed registration form, please send it, along with credit card information or check, to: FDCC 2012 Winter Meeting11812 North 56th StreetTampa, FL 33617 Credit Card Processing information: Visa, MasterCard, and American Express will be accepted for convention reg-istration payments. The $75.00 administrative fee is waived only when paying by check.

Registration


“Why buy good luggage? You only use it when you travel.”

—Yogi berra

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http://www.regonline.com/fdcc2012wintermeeting

http://www.thefederation.org/documents/document.cfm?DocumentID=3261

http://www.thefederation.org/documents/document.cfm?DocumentID=3262


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For more information, please contact the FDCC office at (813) 983-0022 [email protected].

Registration fees: The registration fees include the base registration cost, charges for the Presi-dent’s Reception, Theme Party, Black Tie Dinner Dance, Dessert Party, Cock-tail Receptions Saturday through Monday, and the FDCC breakfast vouchers Wednesday through Saturday. hotel Reservations: If you have not already booked your hotel accommodations, reservations may be made directly with the Arizona Biltmore by calling 1-800-950-0086. Please use the booking code FDCC when calling. You may also access the reserva-tions link on the FDCC website to make your reservations electronically. All individual reservations must be accompanied by a one night’s deposit for room and tax. Credit cards will be charged at the time the reservation is made. Individual deposits are refundable, provided notice of cancellation is received by the Resort at least three days prior to arrival. Check-in time is after 4:00 pm and checkout time is at 12:00 pm at the Arizona Biltmore. The FDCC has group rates at the Arizona Biltmore beginning at $289 per night. Taxes are currently 12.27%. These special guest room rates are subject to availability and will also apply three days before and after the meeting.

Room rates include high-speed wireless internet, complimentary access to the exercise facility at the Spa, use of the putting course, and the Biltmore Fashion Center Shuttle.

Travel: The Arizona Biltmore is conveniently located approximately fifteen (15) min-utes from Phoenix’s Sky Harbor Airport. The Sky Harbor Airport is serviced by all major airline carriers.

Rental Car information:Most major rental car companies offer services at Sky Harbor Airport. Be fore-warned, however, that the rental car facility is located “off campus” from the airport and requires a short bus ride. Follow the signs for the rental car center in the airport and you will be taken to the free shuttle service. There is an Enterprise Rental Car Office located within the Arizona Biltmore. Cars are limited at this location.

Airport shuttle service:Shuttle service is available from the Sky Harbor Airport to the Arizona Biltmore. Supershuttle.com currently charges approximately $15.00 per person one way for van service. An executive car meet and greet is available for $58.00 for as many as 4 passengers. Taxi cabs are also readily available. RoadRunner Lim-ousine (www.roadrunnerlimousine.com), provides transportation to/from the airport at a rate of approximately $30.00. For more information on the area, visit:

www.visitphoenix.comwww.scottsdalecvb.comwww.azcentral.comwww.tripadvisor.com

Registration


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mailto:mstreeper%40thefederation.org?subject=

http://www.roadrunnerlimousine.com

http://www.visitphoenix.com

http://www.scottsdalecvb.com

http://www.azcentral.com

http://www.tripadvisor.com


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ClimateThe term “Valley of the Sun” is well earned. During the month of March, the average high is 74 degrees, with an average low of 51 degrees. Rainfall is vir-tually nonexistent, with an average rain fall of just 1.1 inches in March. Phoenix averages more than 310 sunny days per year.

fDCC DuGOuT (hospitality Room)For guests arriving from the east coast on early on Saturday or Sunday, visit the FDCC Dugout (hospitality room) located in the Conference Center. Drinks, munchies, seats, and an ability to lounge will be provided.

Cancellation PolicyWe hope you will not have to cancel or ask for a refund once you have reg-istered for the convention. We realize, however, that trial schedules and last minute emergencies may require cancellation and a request for a refund.

Please be advised of the Board approved refund policies.

1) A refund of registration fees, less $75 and any applicable credit card fees, will be given if the FDCC office receives written notice no later than January 21, 2012.

2) Amounts refunded by payments made by credit card will include a deduc-tion for the amount the credit card company charges to the FDCC for both the charging and the credit.

3) In the event of “special circumstances” such as illness, or unforeseen family or professional emergencies, this refund policy may be suspended or modi-fied (based upon the member’s written request), only by action of the Presi-dent upon recommendation of the Convention Chair. It is recommended that all registrants get trip cancellation insurance.

4) To cancel hotel reservations, notify the FDCC office first by email [email protected] to check if the room needs to be reassigned to another member on the wait list. Then, if the room is not needed, call the hotel to cancel. The Convention Chair has no authority to modify the hotel’s cancellation and refund policies.

5) Charges paid to the FDCC for separate events and/or tours may or may not be refunded in whole or in part. The decision to refund these will be made on a case-by-case basis by the Convention Chair. Members seeking reim-bursement for these payments must submit a written request to the Con-vention Chair. The decision to refund fees will be based, in part, upon the timing of the cancellation and whether there are available convention funds from which to make the refund. Please note that refunds of any payments to independent third parties for tours and other events and service are not the responsibility of the FDCC.

WARninG: Driving in Phoenix/scottsdaleArizona participates in the speed camera program. In this regard, please watch your speed as it is entirely possible to receive a ticket without having ever been stopped.

A First Drunk Driving Conviction in Arizona is Mandatory Jail Time. Let’s be clear… First Offense DUI is punishable with mandatory jail time. In addition, the DUI base fine is $250.00, plus $10.00 Probation Surcharge, Prison Con-struction Assessment $500.00, and Arizona Xtra DUI Assessment $500.00 and license suspension from 90-360 days. The Maricopa County Sheriff is famous and DUI laws are strictly enforced. Please drink responsibly and please do not drink and drive. Cabs and designated drivers are ready available.

Registration


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mailto:mstreeper%40thefederation.org?subject=


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saturday, March 3, 20122:00pm – 5:00pm

fDCC Registration

5:30pm – 6:30pm

“Welcome to the valley of the sun” Cocktail Reception Celebrate the natural beauty of the “Valley of the Sun” and enjoy the first cocktail party of the week. Great views of Squaw Peak and the Biltmore grounds, celebrated with friends, will make for a magnificent start to the meeting.

sunday, March 4, 2012 9:00am – 12pm 2:00 pm – 5:00pmfDCC RegistrationSpa Day signups will be available

12:30pm – 3:30pmhike – squaw PeakThis guided hike will take guests to Piestewa Pike (Squaw Peak). Squaw Peak can be seen from the grounds of the hotel. It is located in the Phoenix Moun-tain Preserve, just a short distance from the hotel. Guests must wear closed toe shoes and bring sunscreen. Transportation, water, and box lunch will be provided.

12:30pm – 3:30pmbike Trip This guided tour will take guests along Arizona’s rolling desert terrain. A short distance from the Biltmore, the tour will provide a great workout. The level of the ride will be adjusted according to the guests needs. Bikes, helmets, water, and fruit will be provided.

5:30pm – 6:30pm “Golden Glove” Cocktail Reception Located within the cottages of the Biltmore, this area provides additional stunning views of Squaw Peak. With more FDCC guests arriving, come catch up with friends.

Activities for the Week

“next to religion,

baseball has furnished a greater

impact on American

life than any other

institution.”

—herbert hoover



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Monday, March 5, 20128:00am – 1:00pm2:00pm – 4:00 pm

fDCC Registration

9:00am – 10:00am

spouse and Guest hospitality Join spouses and guests in the President’s Suite for coffee and networking.

10:00am – 11:00am

knitting Circle Come join fellow knitters to show your wares, share a cup of coffee, and knit as everyone continues to work on the seafarers’ project.

10:30am – 2:30pm A Taste of Old Town scottsdale(Space is limited, so sign up early.)Participate in the Number One Rated Attraction in Scottsdale on tripadvi-sor.com. “A Taste of Old Town Scottsdale” is a walking food and cultural tour full of stories of the Old West, demonstrations, and delectable food and wine samplings from some of Scottsdale’s unique and exciting restau-rants. Guests will be taken on a three hour adventure through location and time, starting with the wild west and how Scottsdale was established. Dur-ing the entire tour, guests are provided information about restaurants and activities. The motto is “Come Hungry and Ready For A Fun Time.” Bring your appetite and wear comfortable shoes.

12:30pm – 4:30pm

Local Area hike – saguaro Loop nature Walk Take an easy 2 mile hike into the McDowell Sonoran Preserve on the Sa-guaro Loop Nature Walk. Hikers will observe the beauty of the desert in-cluding all varieties of Arizona cactus. Dress appropriately and watch out for the jumping cholla. Transportation, drinks, and snacks will be provided. Hikers are encouraged to wear appropriate rubber soled or hiking shoes. Don’t forget to bring sunscreen and a camera.

5:30pm – 6:30pm “Take me out to the” Cocktail ReceptionSurrounded by flowers and plants, come enjoy cocktails, friendship and the beauty of the expansive Paradise Garden on the Biltmore property.

7:00pm – 9:30pm international and Diversity Dinner(Pre-registration is required.)Join our International and Diversity Members for a wonderful dinner experi-ence in the famous Gold Room. All members and guests are invited.

ActivitiesMOnDAY

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Tuesday, March 6, 20127:30 am – 12:00pm2:00pm – 4:00 pmfDCC Registration

7:30am – 8:45amsection Meetings

9:00am – 12:00pm

Trial Masters

9:00am – 10:00am

spouse and Guest hospitality – history TourJoin your FDCC friends and the Biltmore staff for an historical walk through the Biltmore property.

11:00am – 3:00pm

Desert botanical Gardens Appreciate the beauty of the desert with a trip to the Desert Botanical Gar-dens, located in Papago Park. Covering over 50 acres, the garden has 6 major trails and exhibits and is home to over 21,000 plants. Guests can choose from a “Photographic Safari” or a “Taste of the Southwest Cooking Demonstration”. Those enjoying the photographic safari will receive tips and techniques from a professional instructor, with focus on the garden’s plant life. Those choosing the cooking demonstration will enjoy a fabu-lous cooking demonstration and participate in cooking their own lunch. A trip through the Spring Butterfly Exhibit is included with both activities. Be careful not to bring back any hitchhikers from this exhibit. Ample time will be provided to experience the Garden. Lunch will be provided on both aspects of the trip.(Space is limited for this event, so sign up early.) 12:00pm – 4:00pm

Tennis Anyone? Tennis Tournament and LunchJoin fellow FDCC tennis aficionados for this organized tournament on the Biltmore courts. Lunch will be provided. Prizes will be awarded. (Sign up on the registration form)

1:00pm – 5:00pmbridge Afternoon bridge anyone? Need a partner, no problem? Sign up to partici-pate in this bridge event. Prizes will be awarded for highs and lows. Bring a friend or come on your own.

1:30pm – 4:30pm bike TourThis guided tour will take guests along Arizona’s rolling desert terrain. A short distance from the Biltmore, the tour will provide a great workout. The level of the ride will be adjusted according to the guests needs. Bikes, hel-mets, water, and fruit will be provided.

ActivitiesTuEsDAY


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5:00pm – 6:45pm new Members’ Reception & Orientation(By invitation only)

5:30pm – 9:30pm Children and Youth Dinner and Program with kids’Camp

6:30pm – 9:30pm

fiesta!!! Recepcion del PresidentePresident Mike Neil and First Lady Jan Neil welcome you to the Arizona Biltmore in the mountain splendor of the Squaw Peak lawn. Celebrating with a Mexican theme, guests will enjoy the sounds of the Mariachi band and the tastes and smells of the Mexican Cuisine. Tequila tasters can en-joy tastings at the tequila station. For those who choose not to enjoy the outdoors, the Grand Ballroom, located directly off the lawn, will provide the same experience, with just a little more warmth. Olé!! (Coats, no ties for men. Comfortable shoes for women. Sombreros encouraged.)

Wednesday, March 7, 20126:30am – 10:00am

fDCC voucher breakfast

7:30am – 8:45am

section Meetings

9:00am – 1:00pm

fDCC Registration

9:00am – 6:00pmspa Day Massage, facial, mani/pedi…Guests can enjoy any or all of these services on this special day. A 20% discount has been negotiated for services at this world class spa. In order to make sure that your spa needs are met, appointments may be made prior to the meeting. In an effort to accommo-date guests, a spa representative will be present at the FDCC Registration Desk on Sunday to assist with appointments. (Appointments are limited, so sign up early.)

9:00am – 12:00pm

Plenary session

9:00am – 9:10am

Welcome to the Convention

9:10am – 9:30am introduction of new Members, Past Presidents, and special friends

9:30am – 9:45am

Welcome to the Desert

ActivitiesTuEsDAY / WEDnEsDAY

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10:00am – 12:00pm

Program

10:00am – 11am book Club Fitting for the locale, join FDCC friends to discuss by Nancy Horan. This historical and controversial novel explores the life of Arizona Biltmore architect, Frank Lloyd Wright, and his relationship with Mamah Borthwick Cheney. Leaving her children behind to traverse the globe with Wright, Cheney’s actions provide ample discussion topics. Upon return to the United States, Wright built Taliesin, a refuge for the couple.

1:00pm – 5:00pm salt or verde River Rafting Enjoy a peaceful and relaxing float/raft trip down the Class I rapids of the Salt or Verde Rivers. Guests will be transported from the Biltmore to the river for the rafting experience. The water level and conditions of the rivers will determine which river will be rafted. Each river provides its own unique experience. Bring your camera for your nature experience. Be on the look-out for wild horses, bald eagles, and birds of all distinction.

2:00pm – 4:00pmJewelry show and ReceptionEnjoy an afternoon in the Hyde Park Jewelers’ Vault, well, not literally. Hyde Park Jewelers, a well known jeweler, will bring its gold and diamonds to the Arizona Biltmore. Guests will not even need to leave the premises to shop this collection. Accompanied by champagne and chocolates, guests will not only be permitted to view and purchase the jewelry, but will be per-mitted to wear the jewelry during the show. An expert jeweler will provide insight on the “how-tos” of wearing jewelry.

6:00pm

Dine-Around By all accounts, there are over 200 restaurants located within 20 minutes of the Biltmore. A listing of restaurants is provided in the Restaurant sec-tion. Resident foodie, Doreen Myles, may also be consulted for additional information. Dining out is popular in Phoenix, so reservations are strongly encouraged.

9:30pm – 11:30pmDessert Party and sing-AlongKaraoke anyone? After dinner drink? Join the “singers” among the group for some song. Join the “foodies” among the group for some dessert. After dinner drinks will be available for those who enjoy a good port, liqueur, or beer. Chef Todd has promised a one of a kind dessert experience for this event.

10:00pmsilent Auction Ends

Thursday, March 8, 20126:30am – 10:00am


ActivitiesWEDnEsDAY / ThuRsDAY

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7:30am – 8:45am section Meetings

9:00am – 12pmfDCC Registration Conference Center Foyer

9:00am – 12:00pm

Plenary session

12:00pm – 5:00pm

Golf Tournament and LunchGolfers will tee off on the Adobe Course of the Biltmore in this golf scram-ble. Located directly across the street from the hotel, transportation will not be needed. Bring your clubs and your game to this traditional event. Teams will be arranged based upon handicap. Prizes will be awarded.(Sign up is required.)

1:00pm – 4:00 pm Taliesin West TourExperience the lifestyle of Frank Lloyd Wright first hand with a trip to his winter home and studio. Located on 480 acres in the rugged Sonoran des-ert, guests will enjoy a guided tour through the magnificent structure and experience the desert at its best. 6:30pm – 10:00pmTheme Party “fDCC All-star bash”Buy me some peanuts and cracker jacks… Run around the bases with FDCC friends at this celebration of baseball, history, and the FDCC. Have a favorite baseball team? Wear the jersey of your favorite team to this All-star Bash. Former pitchers can test their pitching skills; hitters can show off their form. Games and all things baseball will be available for attendees. Feast on foods from your favorite stadium, as well as stadium staples such as hotdogs, pretzels and cotton candy. Dress casual and bring your cam-era. You can never be sure who will show up at the ballpark.

friday, March 9, 20127:00am

fun Run Enjoy a run/walk along the canal.

7:00am – 8:00am

Women Members’ breakfast(Designated Tables - Frank & Alberts)

6:30am – 10:00am


9:00am – 9:45am

business Meeting

ActivitiesThuRsDAY / fRiDAY

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9:45am – 10:00am

Preview of 2012 Annual Meeting Whistler, british Columbia, CanadaVicki Roberts

10:00am – 11:30amkeynote speaker – George Will

12:30pm – 4:30pm Desert Dog hummer ToursGet away from the everyday on this driving adventure. Enjoy a ride in the foothills of the Sonoran Desert on this Hummer tour adventure. The scen-ery and views will be spectacular. The driving will be fun as well.

12:30pm – 4:30 pmhike the freedom TrailThis 4 mile moderate/difficult hike will take climbers into the North Phoenix Mountain Preserve, a 7000 acre preserve with breathtaking views. Not only will hikers experience the thrill of the hike and the beauty of the des-ert, but desert wildlife will be abundant on this hike. Transportation, drinks, and snacks will be provided. Hikers are encouraged to wear hiking shoes. Don’t forget to bring sunscreen and a camera. 12:30pm – 3:00pmbackyard barbeque – bourbon, scotch and irish WhiskeyJoin Chef Todd when he shows off his culinary expertise with bourbon, scotch, Irish whiskey, and a grill. Grill masters will learn how to use these libations in recipes for the grill. Drinking may also occur at this event.

6:30pm – 11:30pm

Children and Youth Dinner and Program

7:00pm – 7:30pm

Cocktail Reception

7:30pm – 11:30pm

black Tie Dinner and DanceDancing in the DesertLeave your baseball uniforms at home tonight. Put on the formal attire for the black tie dinner and dance. Snake Eyes, an FDCC favorite, will perform.

saturday, March 10, 20126:30am – 10:00am fDCC voucher breakfast

ActivitiesfRiDAY / sATuRDAY


“i’d rather ride the buses

managing Triple A than be a lawyer.

—Tony LaRussa

”


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REsTAuRAnTsThere are over 200 restaurants within 20 minutes of Arizona Biltmore. Recommended restaurants include:

AMERiCAn/COnTinEnTAL: Elements (Paradise valley)Acclaimed James Beard chef Beau MacMillan serves fabulous continental cuisine featuring local, sustainable ingredients. Chic, urban atmosphere with an Asian flair. Extensive wine selection. Request table by the windows for stunning mountain views. (Entrees $25 - $40) 10-15 minute drive from Biltmore Hotel. (480) 948-2100; 5700 East McDonald Drive, Paradise Val-ley, AZ 85253 www.sanctuaryoncamelback.com/content/food.html

bLT steak (Paradise valley)Modern American steak house located on the grounds of the Camelback Inn. A Chef Laurent Tourondel restaurant (Bon Appétit 2007 Restaurateur of the Year). Large portions, upscale bistro atmosphere. Extensive wine list. Prix Fix menu available. (Entrees $26 - $55) 10-15 minute drive from Biltmore Hotel. (480) 948-1700; 5402 East Lincoln Drive, Scottsdale, AZ 85253 www.bltscottsdale.com/BLT-Steak-Scottsdale-11.html

Eddie vs (scottsdale)Prime seafood and steakhouse, with daily seafood deliveries. Upscale, comfortable, and inviting. Great bar and wine list. (Entrees $23-$45). A gluten free menu is available. 15 minute drive from Biltmore Hotel. 15323 North Scottsdale Road, Scottsdale, AZ 85254; (480) 730-4800 www.eddiev.com

El Chorro Lodge (Paradise valley)Arizona landmark located at the base of Mummy Mountain. Originally built as the Judson School for Girls in 1934. Remodeled in 2009. Spanish Colo-nial architecture. Beautiful patio with mountain views. Enjoy sunset dinner or their popular Sunday brunch with famous sticky buns. Indoor & outdoor seating available. (Entrees $25 - $40) 10-15 minute drive from Biltmore Hotel. (480) 948-5170; 5550 E Lincoln Dr. Paradise Valley, AZ 85253 www.elchorrolodge.com

Lon’s at The hermosa innAdobe style hacienda setting under a canopy of mesquite and palo verde trees in a quiet nook of Paradise Valley. Exudes refined cowboy and old Arizona charm. Specialties include smoked, roasted, and wood grilled en-trees. Features ingredients from their organic garden located on the prop-erty. Indoor & outdoor seating available. Jazz brunch on Sundays. (En-trees $25-$45) 10 minute drive from Biltmore Hotel. (602) 955-7878; 5532 North Palo Christi Road, Paradise Valley, AZ 85253 www.hermosainn.com/lons/

DininG in ThE vALLEYC

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Tarbell’sIron Chef winner Mark Tarbell showcases his culinary talents in a contem-porary, yet casual atmosphere. The menu features organic, locally grown produce. Entrees $19-$36. Less than 10 minute drive from Biltmore Hotel. (602) 955-8100; 3213 East Camelback Road Phoenix AZ 85018www.tarbells.com

T.Cooks (scottsdale)Located inside the beautiful, Spanish Colonial Royal Palms Resort. Medi-terranean inspired cuisine by Chef Lee Hilson featured on The Iron Chef. Consistently voted most romantic restaurant in the Valley. Extensive wine list. Enjoy pre/post dinner cocktails in beautiful courtyard or wandering re-sort grounds. Also terrific location Sunday brunch. Indoor & outdoor seat-ing available. (Entrees $25 - $45 ) 10-15 minute drive from Biltmore Hotel. (602) 808-0766; 5200 E. Camelback Road Phoenix, AZ. 85018www.royalpalmshotel.com/restaurant

Other steak houses nearby - Morton’s & Ruth Chris (both on Camelback Road about 5 minutes from Biltmore Hotel).

sOuThWEsT/MExiCAn: Los sombrerosMexican cuisine with a gourmet twist served in a quaint, rustic Mexican atmosphere, along with more traditional Mexican selections, lamb adobo, & crab enchiladas. Casual atmosphere. Request an outdoor table. Tasty margaritas and yummy guacamole. (Entrees $15-$22) 15-20 minute drive from Biltmore Hotel. 480-994-1799; 2534 N. Scottsdale Rd, Scottsdale, AZ 85257 www.lossombreros.com

Old Town Tortilla factoryLocated in Old Town Scottsdale area. Southwestern cuisine served under a canopy of trees and twinkling lights. Casual atmosphere. (Entrees $15-$28) 15-20 minute drive from Biltmore Hotel. (480) 945-4567; 6910 East Main Street Scottsdale, AZ 85251 www.oldtowntortillafactory.com Richardson’s/RokerjiHome of New Mexican style cuisine (think roasted green chilles). A long time favorite of Valley locals. While the traditional Mexican dishes are very good, look for nightly specials that include fish, beef, & pork entrees. The original Richardson’s location burned down in 2008 so he moved the menu over to his Rojkeri restaurant. Patrons can choose entrees from ei-ther menu. Prickly pear margaritas are sour, but tasty! Casual atmosphere. (Entrees $15-$30) 10 minute drive from Biltmore Hotel. (602) 287-8900; 6335 N. 16th Street, Phoenix, AZ 85014www.burningembersphoenix.com

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iTALiAn: Marcellino RestoranteOne of the Valley’s best Italian restaurants. Handmade pasta specialties. Classy Italian vibe. Located in Old Town Scottsdale. Nearby art galleries are open late Thursday nights for Art Walk. (Entrees $20-$45) 15-20 min-ute drive from Biltmore Hotel. (480) 990-9500; 7114 E. Stetson Drive Scott-sdale, AZ 85251www.marcellinoristorante.com

sassis (scottsdale) North Scottsdale’s best Italian restaurant with views from the base of Pin-nacle Peak. Cuisine from southern Italy. (Entrees $18-$32) 40 minute drive from Biltmore Hotel. (480) 502-9095; 10455 E. Pinnacle Peak Parkway Scottsdale, AZ 85255www.sassi.biz

fREnCh:Christopher’sFrench cuisine in a hip, comfortable contemporary atmosphere by James Beard chef Christopher Gross. Conveniently located at the Biltmore Fash-ion Center (adjacent to Macy’s). Extensive wine list. (Entrees $20 - $35). 5 minute drive from Biltmore Hotel. (602) 522-2344; 2502 E Camelback Rd. Phoenix, AZ 85016 www.christophersaz.com vincent bistroClassic French cuisine with a Southwest flair. Lovely old world French ambience. Long time Valley chef Vincent Guerithault. (Entrees $30-$37) Vincent’s also hosts a popular weekly Saturday morning farmer’s market offering fresh produce and booths serving breakfast & lunch specialties. 10 minute drive from Biltmore Hotel. (602) 224-0225; 3930 East Camelback Road, Phoenix, AZ 85018 www.vincentsoncamelback.com

sushi/JAPAnEsE: Roka AkorUpscale sushi and Japanese Robata Grill. The only location in the U.S. for the acclaimed London restaurant. Voted one of the top 10 sushi res-taurants in the U.S. by Bon Appétit magazine. Offers high grade sushi and wood grilled entrees in a hip, contemporary atmosphere. Tasting and regular menus available. (Entrees $25-$45) 20 minute drive from Biltmore Hotel. (480) 306-8800; 7299 North Scottsdale Road, Scottsdale, AZ 85253 www.rokaakor.com

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Cactus League www.cactusleague.com Fifteen major league teams conduct Spring Training in Phoenix and its surrounding area. Cactus League teams include the Arizona Diamond-backs (Salt River Fields, Scottsdale, AZ), Chicago Cubs (HoHoKam Sta-dium, Mesa, AZ), Chicago White Sox (Camelback Ranch, Glendale, AZ), Cincinnati Reds (Goodyear Ballpark, Goodyear, AZ), Cleveland Indians (Goodyear Ballpark, Goodyear, AZ), Colorado Rockies (Salt River Fields, Scottsdale, AZ), Kansas City Royals (Surprise Stadium, Surprise, AZ), Los Angeles Angels (Tempe Diablo Stadium, Tempe, AZ), Los Angeles Dodg-ers (Camelback Ranch, Glendale, AZ), Milwaukee Brewers (Maryvale Baseball Park, Phoenix, AZ), Oakland Athletics (Phoenix Municipal Stadi-um, Phoenix, AZ), San Diego Padres (Peoria Sports Complex, Peoria, AZ), San Francisco Giants (Scottsdale Stadium, Scottsdale, AZ), Seattle Mari-ners (Peoria Sports Complex, Peoria, AZ), and Texas Rangers (Surprise Stadium, Surprise, AZ). Schedules can be viewed and tickets purchased at www.cactusleague.com.

Golf www.golfhub.com There are 2 golf courses located on the Biltmore property. There are report-edly over 200 golf courses in the greater Phoenix area. Convention Team favorites include Troon North, The Boulders, Camelback, Raven, and Gainey Ranch. Go to www.golfhub.com for assistance with tee times and rates.

Parada Del sol www.paradadelsol.com For a short period of time at the beginning of the FDCC meeting, this an-nual professional rodeo fundraising event will be in Scottsdale. The Parada del sol Rodeo is a PRCA sanctioned Rodeo consisting of action packed performances. The Parada del sol Rodeo – Friday 3/2/12 at 7pm; Scott-sdale Pro Bull Riding – Saturday 3/3/12 at 1pm; Parada del sol Rodeo – Saturday 3/3/12 at 7pm; and Sunday 3/4/12 at 2pm. Tickets are required. There is an admission charge associated with this event.

heard Museum www.heard.org Experience the cultures and art of the Native Americans of the Southwest. The museum has 10 spacious exhibit galleries and beautiful outdoor court-yards feature outstanding traditional and contemporary Native American art. View the over 32,000 pieces of cultural and fine art. Art is available for purchase at the shops. Admission: $15.00 for adults.Monday-Saturday 9:30am - 5pm Sunday 11am - 5pmPhone: 602 252-8840

Phoenix Art Museum www.phxart.org Experience great art from around the world. The museum houses more than 18,000 works of art and plays hosts to special exhibits and festivals throughout the year. There is an interactive children’s exhibit as well. Ad-mission: $10.00 for adults. Wednesday, 10am-9pm; Thursday-Saturday, 10am-5pm; Sunday, 12pm-5pm Phone: 602 257-1222

OThER ACTiviTiEs

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Arizona fine Art ExPO www.arizonafineartexpo.com Through April 1, 2012, the EXPO showcases more than 100 nationally acclaimed artists. View the website for a listing of the artists to be show-cased. Admission: $8.00 (one time season pass). Daily 10am – 6pm. Phone: 480 837-5637

Tortilla flat www.tortillaflataz.com Arizona’s smallest community, with a population of 6, Tortilla Flat is located in the Tonto National Forest on the historic Apache Trail. This historic stage coach stop houses a restaurant, known for its burgers, a post office, a country store, and ice cream shop, as well as a gift shop. Gunfights can be seen on the second Saturday of the month hourly beginning at 11 am, with the last fight at 3pm. Phone: 480 984-1776

Rawhide Western Town and steakhouse www.rawhide.com Experience history in this 1880’s western frontier town, complete with Main Street, gunfights, stagecoach, mechanical bull, train rides, climbing wall, shootin’ gallery, shops, and restaurant. Attractions include the roughest, toughest stunt show, as well as the Texas Kate Wild West Show. Admis-sion: Free. There is a $5.00 charge for events.Phone: 480 502-5600

Goldfield Ghost Town www.goldfieldghosttown.com Located on the historic Apache Trail, this town possesses the grandeur of Arizona’s Wild West. Activities include gunfights every hour Saturday and Sunday from High Noon - 4pm, underground guided mine tours, the only operating narrow gauge railroad in Arizona, Jeep Tours of the Superstition Mountains, horseback adventures, wagons, and carriages. Enjoy a meal at the Saloon. Open daily 10-5. Admission: Free. There is a cost for activities. Phone: 480-983-0333

scottsdale Art Walk www.scottsdalegalleries.com Every Thursday evening, beginning at 7 pm, you can enjoy the Scottsdale Art Walk. This is an informal come-and-go “open house” throughout the district.

Drive the Apache TrailThis drive is not for the faint of heart. A 46 mile trek between Apache Junc-tion and Roosevelt Lake is not only exceptionally scenic, but exceptionally challenging. You will pass the Lost Dutchman State Park, Saguaro Lake, Goldfield Ghost Town, the Theodore Roosevelt Dam site, Goldfield Ghost Town, and many abandoned vehicles. Do not look down!!! You must have a four wheel drive vehicle to take this trip.

sedona www.visitsedona.com Although it is known for its red rocks and natural beauty, Sedona offers many attractions and activities. In addition to national monuments, Sedona is known for its world-class art galleries and Jeep tours. Sedona is located 2 hours north of Phoenix. It is worth the trip.

horseback Trail Rides www.macdonaldsranch.com Wranglers five and up from any skill levels are welcome at this ranch. Enjoy a stroll on horseback in the scenic Sonoran Desert. Little ones can enjoy pony rides and a petting zoo. Closed toe shoes and/or boots are recommended, as well as jeans. Cost is dependent on the length of the ride.

Tortilla Flat Gunfights & The Salt River Rangers

OThERACTiviTiEs

“baseball is almost the only orderly thing in a very unorderly world. if you get three strikes, even the best lawyer in the world can’t get you off.”

—bill veeck


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FDCC 2012 Winter Meeting PrograM“Legal Spring Training Working on the Fundamentals”March 3-10, 2012 n Waldorf Astoria Arizona biltmore n Phoenix, Arizona

TuEsDAY, March 6, 20127:30 a.m. – 8:45 a.m.

sECTiOn MEETinGs

Commercial Litigation/Financial Institutions/Insurance Coverage/Corporate Counsel OffiCER/DiRECTOR inDEMnifiCATiOn: A PAnORAMiC viEW

In the wake of Dodd-Frank, an environment of heightened regulatory enforcement and increased litigation exposure for corporate officers and directors, questions necessarily arise regarding the indemnification rights and benefits afforded to officers and directors for claims and lawsuits brought against them. This presentation surveys and highlights recurring and evolving legal issues and resulting policy decisions that face corporations, corporate management, insurers, and in-house and outside counsel in the granting, inter-pretation, litigation, and enforcement of such indemnification rights and benefits. A host of critical practice issues will be addressed, including hiring and retaining officers and direc-tors in public and private entities; corporate governance; the various types of statutory and contractual indemnification rights; contract and bylaw drafting considerations for in-house and outside counsel; procurement and negotiation of D&O insurance policies; coverage disputes arising from D&O policies; indemnification litigation between corporations and their officers and directors; and statutory and regulatory developments that are chilling or precluding indemnification payments.

Panelists: Gerald B. Kline – Sims Moss Kline & Davis LLP, Atlanta, GA Jennifer E. Johnsen – Gallivan, White & Boyd, PA, Greenville, SC Serge J. Adam – Monitor Liability Managers, LLC, Rolling Meadows, IL

Property Section Oh, WhAT A YEAR iT WAs!Without much fanfare, 2011 turned out to be one of the most expensive in P & C history, with over ten catastrophic events where the projected losses in each event eclipsed the $1 Billion Dollar mark. In fact, through August 2011, an unprecedented ten extreme weather events have become Billion Dollar disasters in the United States according to the National Oceanic and Atmospheric Administration (NOAA). No other year on record has produced so many catastrophes. And unlike many years where hurricanes make up the majority of the most costly catastrophes, these record numbers were the result of blizzards, wildfires, floods, droughts, and of course, the tsunamis and cyclones which have occurred outside of the United States. Each of these costly events have raised a number of coverage issues well worth revisiting in this summary of the year that was.

Panelists: Phillip E. Reeves – Gallivan, White & Boyd, PA, Greenville, SC Barclay R. Nicholson – Fulbright & Jaworski, Houston, TX


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TuEsDAYCLE


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TuEsDAY/WEDnEsDAY

CLE Environmental and Toxic Tort Section LEssOns fROM ThE LORAx: JuRY sELECTiOn in DiffiCuLT CAsEsJury selection is an imperfect science in the best of situations, and we must work to find those jurors who will be most responsive to our message. When representing an unsympa-thetic client or trying a case in an unfavorable forum, finding the “best” jurors can become even more difficult. Mr. Mitchell, an experienced trial attorney, will present strategies that we can use when selecting a jury to minimize the effects of adverse publicity, unfavorable opinions of clients, or challenging forums. Stuart Simon, with nearly 15 years of experience as a jury consultant, will offer proven strategies that help trial lawyers identify those jurors that will be most receptive to your client’s case.

Panelists: John R. Mitchell – Thompson Hine LLP, Cleveland, OH Stuart Simon, Principal – American Jury Centers, Sun Valley, ID

PLEnARY PROGRAM

9:00 a.m. – 12:00 p.m.

Trial Masters Program — “WhAT JuRORs Think AbOuT DAMAGEs”

Learn about the link between mirroring and rapport with jurors. How do anchors, frames, and themes work together? This panel is led by Eric Oliver with MetaSystems, whose expertise is in training plaintiffs’ lawyers to develop rapport by mirroring juror conduct and thus maxi-mizing awards. During the three hour presentation, the panel will discuss and demonstrate successful techniques used in voir dire, opening, and closing ending with a roundtable dis-cussion involving the entire panel who will address issues such as “appealing to multiple types of jurors;” “how to make money real;” ‘best plaintiff damage themes you have seen;” “best defense damage themes you have seen;” “anchoring;” and lastly, “do you always give a damage figure to the jury?”

Moderator: Wayne Mason – Sedgwick, LLP, Dallas, TX

Presenters: Eric Oliver – MetaSystems, Canton, MI Allan Campo – Trial Consultant with American Jury Center, Sandestin, FL Ric Gass – Gass, Weber, Mullins, LLC, Milwaukee, WI Leann Sanders – Alverson Taylor, Las Vegas, NV Robert T. Adams – Shook, Hardy & Bacon, Kansas City, MO

WEDnEsDAY, March 7, 20127:30 a.m. – 8:45 a.m.

sECTiOn MEETinGs

Management, Economics, E-Commerce and Technology Section; Profes-sional Liability Section; and the Ethics and Professionalism Committee MAnAGinG Risks AnD AvOiDinG MALPRACTiCE in CLOsE ATTORnEY-CLiEnT RELATiOnshiPs

Lawyers in comfortable, longstanding attorney-client relationships may become compla-cent and fail to follow good risk management practices. This can lead to errors, misunder-standings, or miscommunication; bad outcomes; and claims. Come and learn how to keep this from happening to you.

Panelists: Brett J. Preston – Hill Ward Henderson, PA, Tampa, FL Jennifer E. Johnsen – Gallivan, White & Boyd, PA, Greenville, SC


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WEDnEsDAYCLEAlternative Dispute Resolution Section; International Practice

and Law Section MARkETinG YOuR LAW PRACTiCE ThROuGh bLOGGinG, LinkEDin, TWiTTER, AnD fACEbOOk

The panel will discuss how firms can take their marketing online, and meet and develop relationships with prospective clients through firm blogs, Facebook, LinkedIn, and Twit-ter. Practical tips on how to use these means to grow one’s practice and expand one’s networking circle will be shared.

Moderator: Kay H. Hodge – Stoneman, Chandler & Miller LLP, Boston, MA

Panelists: H. Mills Gallivan, Gallivan, White & Boyd, PA, Greenville, SC Marisa Trassati – Semmes, Bowen & Semmes, Baltimore, MD David A. Bertschi – Bertschi Orth Smith, LLP, Ottawa, ON William E. Vita – Westerman Ball Ederer Miller & Sharfstein LLP, New York, NY Francisco Ramos, Jr. – Clarke Silverglate Campbell, PA, Miami, FL

Transportation Law Section OvERCOMinG ThE ERRORs: DEfEnDinG CsA DATA in TRAnsPORTATiOn LiTiGATiOn”

In December 2010, the Federal Motor Carrier Safety Administration rolled out its Com-pliance, Safety, and Accountability initiative (“CSA 2010”) which established a new na-tionwide enforcement and compliance program, ostensibly for the purpose of improving large truck and bus safety by addressing safety problems before crashes occur. The CSA 2010 operational model features new safety performance measurement, evaluation, and prevention methods, including “Safety Measurement System” (SMS) and “Safety Fitness Determination” (SFD) data. Since the rollout, more and more plaintiffs’ lawyers are access-ing public SMS and SFD data and using that information in litigation against motor carriers. Our panel discussion will feature perspectives from both inside the industry and outside counsel on the vulnerability of motor carriers and how carriers can prepare to respond to coming attacks.

Moderator: Marc H. Harwell, Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, TN

Panelists: Scott Barker, Vice-President of Safety - Swift Transportation, Phoenix, AZ Robert T. Franklin - Franklin & Prokopik, Baltimore, MD Chuck Perry, Director of Corporate Claims – Knight Transportation, Phoenix, AZ

Alternative Dispute Resolution and Intellectual Property Sections TRADEMARk, COPYRiGhT, AnD PATEnT LAW EvERY LAWYER nEEDs TO knOW

Every lawyer uses PowerPoint in trial, speaking, or in presentations to clients. Can you use pictures, movie clips, or You tube clips? This is a program for the everyday litigator. You need to understand the Do’s and Don’ts of intellectual property law in putting together presentations so you don’t get a Cease and Desist letter from the law firm across the street for violation of Trademark and Copyright laws. The panel will also discuss the recently enacted federal changes to patent registration to reflect that first to file now “trumps” first to invent.

Panelists: Craig A. Marvinney – Cleveland, OH Michael D. O’Connell – O’Connell Flaherty Attmore LLC, Hartford CT Edward B. Ruff, III – Pretzel & Stouffer, Chicago, IL Carlos F. Concepcion – Concepcion Sexton & Martinez, Coral Gables, FL


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WEDnEsDAYCLE PLEnARY PROGRAM

9:00a.m. – 12:00p.m. Opening Plenary Program

9:00a.m. – 9:10a.m. Welcome to the Convention

9:10a.m. – 9:30a.m. Introduction of New Members, Past Presidents, and Special Friends

9:30a.m. – 9:45a.m. Welcome to the Desert

10:00 a.m. – 11:00 a.m.CiviLiTY MATTERs – “WinninG ThROuGh CiviLiTY”Too often, lawyers and clients mistake civility for weakness. Come hear a distinguished panel consisting of a successful plaintiff and defense trial lawyer and a retired judge, now top mediator. Show how to win big by being civil. This interactive and highly entertaining program was developed by ABOTA, The American Board of Trial Advocates, and sup-ported by grants from the JAMS foundation and the FDCC so that it could be presented to law schools and law firms around the country. Hear some of the most outrageous voice mails, see the most shocking video deposition clips, and read some truly offensive e-mails and letters. And then, learn how to rise above them and avoid the uncivil trap. And learn what happens to those that don’t! This is a program you will want to take back to the at-torneys in your office.

Panelists: Donald W. Carlson – Carlson, Calladine & Peterson, LLP, San Francisco, CA William B. Smith – Abramson, Smith, Waldsmith, LLP, San Francisco, CA

Honorable James Warren – JAMS, San Francisco, CA

11:00 a.m. – 12:00 p.m.

“TEChnOLOGY fOR LAWYERs - bEsT iPAD APPs”

Learn how your iPad and Smartphone can make you a more productive and effective law-yer. Our panelists will each explain their favorite apps with benefits and capabilities that will make your life easier. These applications can be utilized on iPads and iPhones, as well as all Droid-based systems. Learn the latest and greatest. If you do not know what an “ap-plication” is, you really need to come to this program.

Moderator: Brett J. Preston – Hill Ward Henderson, PA, Tampa, FL

Panelists: Donald L. Myles, Jr. – Jones, Skelton & Hochuli, PLC, Phoenix, AZ Jean M. Lawler – Murchison & Cumming, LLP, Los Angeles, CA Leslie Packer – Ellis & Winters, LLP, Raleigh, NC Mike Shalhoub – Goldberg Segalla LLP, White Plains, NY Mills Gallivan – Gallivan, White & Boyd, PA, Greenville, SC Meloney C. Perry – Meckler Bulger Tilson Marick & Pearson, LLP, Dallas, TX Victoria H. Roberts – Meadowbrook/Century Insurance Groups, Scottsdale, AZ Brian Calistri – Weber Gallagher Simpson Stapleton Fires & Newby LLP, Philadelphia, PA Michael R. Nelson – Nelson Levine de Luca & Horst, LLC, New York, NY


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ThuRsDAYCLEThuRsDAY, March 8, 2012

7:30 a.m. – 8:45 a.m.

sECTiOn MEETinGs

Extra-Contractual Liability, Insurance Coverage, Appellate Law, Reinsurance/Excess/Surplus Lines SectionsMuLTiPLE CLAiMAnTs AnD insuffiCiEnT LiMiTs-CAn insuRERs LEssEn ThEiR ExPOsuRE TO bAD fAiTh CLAiMs?

Playing Musical Chairs With Multiple Claimants and Insufficient Limits. Can Insurers Less-en Their Exposure To Bad Faith Claims? When multiple claimants are vying for insufficient policy limits, an insurer’s bad faith exposure is magnified. If a settlement of some, but not all, claims exhausts the available policy limits, the insured is exposed to ongoing litigation without defense coverage. If the insurer conditions settlement on resolving all existing and potential claims, the insurer may face bad faith failure to settle claims from the plaintiff(s) unwilling to await a global resolution or dissatisfied with their share of the policy proceeds.

Judicial approaches to this situation vary, with some courts permitting insurers to proceed on a “first come, first serve” basis and others favoring a “first to settle” or “first to judgment” approach. In some jurisdictions, insurers can interplead the policy limits and call upon the court to assist in resolving the competing claims. In other jurisdictions, legislation has been proposed to offer insurers some protection against bad faith claims arising out of the multiple claimants/insufficient limits scenario. Our distinguished panel will explore the real world conundrums insurers face in this situation and share their views regarding effective ways to minimize extra contractual liability exposures.

Hypothetical cases will be posed and discussed to draw out several different suggested frameworks for guiding a carrier through the maze of choices presented by the “multiple claimant – insufficient limits” situation.

Moderator: Barbara A. O’Donnell – Zelle McDonough & Cohen LLP, Boston, MA

Panelists: John W. Weihmuller – Butler Pappas, LLP, Tampa, FL Paul C. Garrison, Corporate Counsel–Infinity Insurance, Birmingham, AL Philip D. Priore – McCormick & Priore, PC, Philadelphia, PA John Briggs, Claims Counsel – Scottsdale Insurance, Scottsdale, AZ

Trial Tactics Practice and Procedure Section, Drug Device Biotechnology SectionYOu hAvE ADMiTTED LiAbiLiTY, nOW WhAT? DEfEnDinG ThE DAMAGEs OnLY CAsE

The panel will discuss how to defend the matter once you have admitted liability, and you are left with defending the damages-only case. Tips will be offered on how to make the most of your case and how best to reduce a potential jury award.

Moderator: Stephen C. Pasarow – Knapp, Petersen and Clarke, Glendale, CA

Panelists: Francisco Ramos, Jr. – Clarke Silverglate Campbell, PA, Miami, FL Joseph M. Fasi II – Gonzalez, Saggio & Harlan LLP, Milwaukee, WI J. Richard Caldwell, Jr. – Rumberger Kirk Caldwell, Tampa, FL Kile T. Turner – Norman Wood Kendrick & Turner, Birmingham, AL


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ThuRsDAYCLE Construction Law Section

CRiTiCAL COnsTRuCTiOn LAW uPDATEAnti-indemnity laws present a cognitive illusion: to the subcontractor, the anti-indemnity laws are an unexpected gift; to the owner, the anti-indemnity laws are an unfair restraint on his right to contract. The first portion of our program will explore the current legisla-tive trend with respect to anti-indemnity laws, many of which forbid “additional insured” obligations in construction contracts. We will look at the enforceability of various state statutes, methods to circumvent them, and their impact on the construction and insur-ance industry.Panelist: Gerald A. Melchiode – Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA

ThE MARCELLus shALE bOOM AnD iTs LEGAL iMPLiCATiOnsThe Marcellus Shale formation (which runs through many states) has over 500 trillion cubic feet of natural gas. Accessing it has, however, led to wide-ranging and complex legal problems. We will discuss the attendant risks from personal injury, environmental accidents (i.e., fracking fluid spills and leaks resulting in gradual subsurface water con-tamination), and many other sources of litigation. Come and be prepared before the first case hits your desk!Panelists: Mark J. Gesk – Wayman, Irvin & McAuley, LLC, Pittsburgh, PA Thomas F. Segalla – Goldberg Segalla, LLP, Buffalo, NY

7:45 a.m. – 8:45 a.m.Healthcare Practice SectionbusinEss MEETinGThe Healthcare Practice Section will be conducting a business meeting on Thursday, March 8th beginning at 7:45. All Section members and others interested are encourage to attend. During the meeting, we will discus ways that we can make the Section more rel-evant to our members’ practice. That discussion will include an open forum during which our members can exchange ideas and discuss challenges they are facing. We also plan to discuss the creation of a list serve so that our members can share with each other com-mentary and questions about experts, challenging legal issues, etc. We will also have a brief presentation on the Patient Affordable Care Act (“Obamacare”) during which we will highlight some of the potential challenges implementation of this Act will create.

PLEnARY PROGRAM

9:00 a.m. – 10:00 a.m.

“bORDERs AnD fEnCEs: iMMiGRATiOn AnD iTs iMPACT On EMPLOYMEnT AnD CiviL RiGhTs”

It’s in the headline news. Immigration reform and the ensuing economic and emotional impact is now a hot button topic all over the country. This program will illustrate how this highly charged issue effects employment practices, businesses, and litigation. A highly spirited discussion will address both the pro and con positions of states’ and local govern-ments’ enactment of laws due to a perceived failure of the federal government to solve the problem. And, some of the states, including Arizona, Alabama, and Georgia have enacted immigration laws that place immigration enforcement on both employees, employers, and public schools. Our panel will explore how and why these laws were drafted, its immediate economic effects upon the border states, novel cases being brought, and what the future holds as immigration controversies continue to emerge and escalate.

Panelists: Elizabeth F. Lorell – Gordon & Rees LLP, Florham Park, NJ Robert L. Christie – Christie Law Group, PLLC, Seattle, WA


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ThuRsDAY/fRiDAY

CLE Mercedes Colwin – Gordon & Rees LLP, New York, NY Steve Montoya – Jimenez & Montoya, Phoenix, AZ

10:00 a.m. – 11:00 a.m.“nEGOTiATiOn nfL sTYLE”

National Football League General Counsel Jeff Pash and NFL Referee Ed Hochuli (85) will discuss how the NFL negotiates on and off the field. This is an inside look at negotiation techniques used on and off the field by NFL personnel. This presentation will include video clips of face-to-face negotiations amongst players, coaches, and officials.

Panelists: Edward G. Hochuli – Jones, Skelton & Hochuli, PLC, Phoenix, AZ Jeff Pash – Executive V.P. and General Counsel – National Football League

11:00 a.m. – 12:00 p.m.“TuRninG ThE PEssiMisM Of ‘i CAn’T’ inTO ThE unsTOPPAbLE POWER Of ‘i CAn’”

Roger Crawford’s most recent book is Think Again which discusses inspiring others to discovery possibilities hidden in plain sight. Mr. Crawford overcame disabilities on his way to becoming an NCAA Division I college athlete in tennis. He has appeared on Larry King Live, Good Morning America, and CNBC.

speaker: Roger Crawford

fRiDAY, March 9, 20127:30 a.m. – 8:45 a.m.

sECTiOn MEETinGs

Corporate Counsel and Insurance Industry Sections WiTnEss PREPARATiOn: ThE viEW fROM ThE DuGOuT

Bring your trials, tribulations, and triumphs to this interactive roundtable discussion. Aided by a team of veteran in-house lawyers, we will explore the unique issues associated with the corporate representative deposition, including traps and pitfalls of witness identifica-tion, selection and preparation; defining and limiting deposition scope; repetitive 30 (b)(6) notices; third-party deposition requests; and the non-party corporate witness as expert witness. Join us as we work together to formulate internal best practices.

Moderator: Johnny Sarber – Marks Gray, PAPanelists: Jeffrey Kelsey – Managing Director-Litigation – Federal Express Corporation Jim Flood – Senior Vice President of Operations – Century Insurance Cindy Williams – Secretary & General Counsel – InterAct Public Safety Systems

LifE, hEALTh AnD DisAbiLiTY sECTiOn businEss MEETinG

Chair: Geralyn M. Passaro – Litchfield Cavo LLP, Fort Lauderdale, FL

Insurance Coverage/Class Action ThE bAsiCs AnD bEYOnD: COnTinGEnT businEss inTERRuPTiOn COvERAGE AnD CLAiMs issuEs fOLLOWinG CATAsTROPhiC EvEnTs.

Supply chain interruptions following the Spring 2011 Japan earthquake and tsunami put a spotlight on the vulnerability of U.S. businesses that have become heavily dependent on foreign companies for product, sales, and even customers. Here at home, the adverse financial effects of Hurricane Irene and the New England flooding in the Summer of 2011


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fRiDAYCLE could be felt by businesses well beyond the immediately affected costal area. To cover

such losses suffered by an insured following physical loss or damage to the property of its suppliers or customers, as opposed to its own property, many commercial property insur-ance policies now include contingent business interruption insurance (“CBI”).

This panel will focus on recent issues likely to impact coverage of CBI claims. Subjects to be explored will include: “Who is a supplier?”; “Who is a customer?”; and, “Can an entire city be a supplier or customer?”. The basics of CBI, and beyond, will also be cov-ered including the territorial limits of CBI policies, the complex interplay between covered, non-covered and excluded perils, causation theories adopted by different states, and how (where valid) anti-concurrent causation clauses can considerably limit coverage of CBI claims.

Panelists: Richards H. Ford – Wicker, Smith, O’Hara, McCoy & Ford, PA, Orlando, FL Stephen E. Goldman – Robinson & Cole, Hartford, CT James L. Kelly, Jr. – Ace USA, Wilmington, DE

PLEnARY PROGRAM

9:00a.m. – 9:45a.m. Business Meeting

9:45a.m. – 10:00a.m. Preview of 2012 Annual Meeting in Whistler, British Columbia

10:00a.m. – 11:30a.m. kEYnOTE sPEAkER – GEORGE WiLL

George Will is today’s most widely read columnist. He will speak about politics and

baseball. His newspaper column has been syndi-cated by The Washing-ton Post since 1974. Will’s column currently appears twice weekly in close to 400 news-papers in the United States and Europe. In 2010, Will’s book, Men At Work: The Craft of Baseball, which topped The New York Times best seller list in 1990, was

reissued as a 20th Anniversary special edition with a new introduction (paperback). Other published writings by Will on baseball include Bunts: Curt Flood, Camden Yards, Pete Rose and Other Reflections on Baseball, a best-selling collection of new and previously published writings. Will was a member of Major League Baseball’s Blue Ribbon Panel, examining baseball economics.

11:30a.m. – 12:00 p.m. Book signing by George Will


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*The FDCC reserves the right to change or modify the program, topics, and/or speakers due to unforseen *circumstances.


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Committee Meetings


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sunday, March 4, 2012 8:00am – 9:30am finance & budget Committee Meeting and breakfast 8:00am – 11am Admissions Committee Meeting and breakfast 9:45am – 10:30am bylaws and Resolutions Committee Meeting 9:45am – 11:00am sites Committee Meeting11:30am – 5:00pm board of Directors’ Meeting and Luncheon

Monday, March 5, 201212:00pm – 2:00pm P&O Luncheon Meeting 2:00pm – 3:00pm Corporate Counsel Committee Convention Exhibitors Committee Amicus Committee Diversity Committee 3:00pm – 4:00pm visibility Committee Website and Publications Committees international Activities Committee strategic Planning Committee 3:00pm – 4:30pm federation u Committee Meeting 4:00pm – 5:00pm special Projects Committee

Tuesday, March 6, 201212:30pm – 2:30pm foundation board Luncheon and Meeting12:30pm – 2:30pm MDR Meeting and Luncheon 2:00pm – 4:00pm LMC and LMC Graduate Program Committees insurance initiatives Committee 2:30pm – 4:00pm foundation Committee 2:30pm – 3:30pm state Reps Meeting


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Convention Committee

Officers and Spouses: Mike and Jan Neil Ed and Maddy Kaplan Tim and Christie Pratt Tom and Ann Cordell

General Convention Chairs: Deb and Jim Varner

Program Chair: Don Myles

Registration: Doreen Myles

Morning hospitality Jan Neil Ann Cordell Christie Pratt Jim Varner Maddie Kaplan Doreen Myles

book Club Mary Alice Collins Pam Gassler

“Welcome to the valley of the sun” Cocktail Party Vicki Roberts David and Janette Bell

hike – squaw Peak Rob Radel Reid and Allison Manley

bike Trip Kim and Dan Baker Tom and Jill Davis

“Golden Glove” Cocktail Party Rob Marino Rebecca Levy-Sachs and Frank Sachs

knitting Circle Wendy Trigg Martha Morales

A Taste of Old Town scottsdale Lee Scott Tricia Glascott

Local Area hike – saguaro Loop nature Walk Elliott and Nancy Hicks


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ConventionCommittee

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“Take me out to the” Cocktail Reception Howard Merten and Veronica Dash Cooper and Helen Thurber Kurt and Pam Rozelsky

international and Diversity Dinner David Bertschi and Debbie Orth Jorge Angell

spouse hospitality – history Tour Lee Farrar Carol Anne Gallivan

Desert botanical Gardens Elaine Dukes Barbara Currie

Tennis Anyone? Jim and Sue Chapman Peter and Katherine Glaessner Dick and Nancy Leslie

bridge Eldon and Janet Boisseau

bike Tour David Clinton Mike Shalhoub and Gail Boggio

Children and Youth Dinner and Program with kids’Camp Stacy Broman and Robert Sauvageau

fiesta!!! Recepcion del Presidente Mike and Darla Kiernan Greg and JoEllyn Witke Mike and Linda Bonasso Leslie and Tom Packer

spa Day Vicki Gaebe Jan Fitts

salt or verde River Rafting Johnston Cox Howard Merten and Veronica Dash

Jewelry show and Reception Lauri Dewey Lisa Quinn Peggy Palmer

baseball Theme Party – fDCC All-star bash Mark and Holly Harwell Todd and Cindy Raskin David and Ilene Jaroslaw Elizabeth and Jeff Lorell

Golf Tournament and Lunch Sam Pace Rick Fulmer


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ConventionCommittee

Taliesin Tour Susan Harwood Janet Brown Helen Alford Dessert Party and karoake Alan and Tonya Brown Paul and Stephanie Finamore

silent Auction Frank Ramos Joe Fasi

fun Run Howard and Ronnie Zandman Women Members’ breakfast Jane North Barbara O’Donnell

Desert Dog hummer Tours Jim Varner David Governo and Tina Sterpe Fred Johs and Allison Shields

hike the freedom Trail Clark Cole Clark and Debbie Hudson

backyard barbeque – bourbon scotch and irish Whiskey Jennifer and Gary Johnson Sue Popik and Steve Leonard

Children and Youth Dinner and Program Frank and Ana Ramos

Dancing in the Desert black Tie Dinner and Dance David and Debra Fuqua Mike and Tricia Glascott


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An fDCC Cookbook is being compiled for the upcoming Winter Meeting and will be given to participants in the Backyard

Barbeque. Additional cookbooks may be available for purchase. If you have a favorite

recipe that you would like to share, of whatever nature, please provide the recipe in

Word form to [email protected].

The submission deadline is January 21, 2012.

from the kitchen of:_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

mailto:[email protected]


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federation of Defense & Corporate Counsel11812 North 56th Street n Tampa, FL 33617

813-983-0022 n 813-988-5837 Fax

E-Mail: [email protected]

exhibitorsThAnks

to ourAmerican Jury Centers (AJC Consulting)

Exponent

Habif, Arogeti & Wynne

Port Nexus Corporation

Rust Consulting, Inc.

SEA

Thomas G. Oakes Associates

special thanks to frank Crystal & Companyfor their continued support.

www.frankcrystal.com

Contact ken or Greg Gamble at 212-504-5873for quotes on your firm’s professional liability insurance.

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fdcc winter meeting 2012...cuisine. sombreros encouraged! schedule your spa appointment early for...

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