18TH ANNUAL CONFERENCE & MEETING

Brown County State Park

Nashville, IN

November 15-16, 2012

Defense Trial C

ounsel of Indiana9505 C

opley Dr.

Indianapolis, IN 46260

Address Service R

equested

SPEAKERSDina Cox is an aggressive yet civil trial lawyer who focuses her practice on professional liability defense, drug and medical device/products liability defense, consumer class action defense, insurance coverage, and insurance bad faith defense litigation. Dina has tried numerous jury trials throughout the state and has been involved in a wide number of appeals to the Indiana Court of Appeals, the Indiana Supreme Court, and the United States Court of Appeals for the Seventh Circuit. At least 50% of Dina’s practice is devoted to defending lawyers, law firms, and other professional clients against claims of malpractice.

Shirley Daugherty is a Registered Nurse, Certified Life Care Planner and Medicare Set-Aside Allocator with Daugherty & Associates, LLC. She has been an expert witness, and has court testimony and deposition experience. Ms. Daugherty is a member of the American Association of Nurse Life Care Planners, American Association of Legal Nurse Consultants. Ms. Daugherty graduated with an Associate Degree in 1994 and Bachelor of Science in Nursing degree in 2012. She has received certificates of completion as a Life Care Planner and Medicare Set-Aside Consultant. Ms. Daugherty has worked primarily in long term care as a staff nurse and in management.

David DeMoss, the DTCI PAC Treasurer, is the Managing Attorney for State Farm Litigation Counsel in Indianapolis. He is a member of the Trial Tactics and Insurance Coverage sections. David received his B.A. from Purdue and is a 1987 graduate of Indiana University school of Law in Indianapolis. He is a member of DRI and the ABA Staff Counsel Committee. David focuses his practice on personal injury defense and insurance coverage litigation. David is active in the community with involvement in Special Olympics, High School Mock Trial Competition and is a Heartland Pro Bono volunteer.

Richard Kraege is a Mediator and Attorney at Law having conducted over 2,500 mediations in the past fifteen years, in all types of civil cases including cases involving complex commercial disputes, products liability, employment law, construction law, real estate issues, and all types of tort litigation, commercial and business litigation. He was listed as one of the three most active mediators in the State of Indiana Indiana (The Indiana Lawyer, July 1997.

Donald R. Lundberg is a partner in the Indianapolis office of Barnes & Thornburg LLP, where he is a member of the firm’s Litigation Department and serves as the firm’s deputy general counsel. Prior to joining Barnes & Thornburg, Mr. Lundberg was the longtime executive secretary of the Indiana Supreme Court Disciplinary Commission, a post he occupied since 1991. Prior to his work at the Indiana Supreme Court, he served for 15 years in a number of positions for the Legal Services Organization of Indiana, Inc., ultimately as director of litigation. He represents judges, lawyers and other professionals in disciplinary and licensing matters, ethics issues, malpractice cases and other matters of professional responsibility. In his role for the Indiana Supreme Court, he led the agency that investigates and prosecutes claims of Indiana attorney misconduct.

Thomas Segalla is a nationally recognized authority on reinsurance and insurance, an ARIAS Board-Certified Arbitrator and mediator, and a founding partner of the firm. He has been retained as counsel and as an expert by numerous major insurance carriers and policyholders in more than 35 jurisdictions nationally and internationally. His active practice focuses on the defense and insurance coverage aspects of matters involving bad faith; construction site personal injury accidents (Labor Law §§ 200, 240(1) and 241(6)); toxic tort and environmental issues; and extra-contractual, product liability, professional liability and railroad litigation.

Matthew Schad is a Martindale-Hubbell AV-rated plaintiff’s trial attorney handling serious injury and death cases, including products liability, construction site accidents, highway design, motor vehicle collisions, and premises liability. Matt grew up in Floyd County, Indiana. After graduating from Floyd Central High School he majored in Ancient Greek at Indiana University, where he earned high honors. His educational choices left with him with no options other than seminary or law school. He graduated cum laude from the Florida State College of Law. After law school Matt joined the United States Army and served in the Judge Advocate General's Corps overseas in the Republic of Panama. After promotion to captain he became the chief Army military prosecutor for U.S. Army South.

Dr. Dennis Stolle is a trial consultant who works with clients to develop persuasive trial themes and effective trial strategies in civil and criminal matters pending throughout the United States. He also designs and conducts empirical research, including jury simulation studies, focus groups, mock trials, surveys, public opinion polls, and post-trial juror interviews. Dr. Stolle has been a member of national product defense teams for Fortune 500 companies in multiple industries, providing advice regarding judicial and jury decision making, theme development, voir dire, jury selection, and trial and settlement strategies.

Defense Trial Counsel of Indiana

† IMPORTANT INFO ¢

November 15-16, 2012

Abe Martin Lodge Hwy 46 EastNashville, IN 47448 1-877-563-4371

Room Rate: $92 (Queen / King) $142 (Family Cabin)

Reservation Deadline: October 21, 2012CODE: 1114DT

CLE: 12.5 credits (includes 2.0 ethics)

DRESS CODE: Casual....jeans & sweatshirts Leave the suits and ties at home

FEES:Registration:

* Before 10/05/2012 $249* Before 10/26/2012 $269* After 10/26/2012 $289* Paralegal $100

* Registration forms and payment must be received in the DTCI office on or before the dates designated above to receive discounted rates.

This is a member’s only event. If you are not a member of DTCI, you may join in conjunction with this conference. You will receive a 50% discount on your first year’s dues. Application must accompany your registration. Applications can be found on the DTCI web site: www.dtci.org

Members may register on-line: www.dtci.org/conferences.aspx

Questions: Contact Lisa Mortier (317) 580-1233 or lmortier@dtci.org

† UNIQUE SETTING ¢

Join us at the Abe Martin Lodge inside Brown County State Park for a casual, but information packed 2-day seminar. Bring your jeans and sweatshirts, but leave your suits and ties at home. Bring the family and enjoy the various park activities, including the indoor water park.

† Seminar Chairperson ¢

James Hehner is a member of the Indianapolis law firm of Hehner & Associates. He has over twenty years of experience conducting jury trials and representing clients in both state and federal court, primarily in the areas of first party and third party insurance defense. He graduated from Indiana University (BS 1980) and Indiana University School of Law-Indianapolis (JD 1983). Mr. Hehner is also a civil mediator and frequently serves on arbitration panels. He is admitted to practice in Indiana, the U.S. District Court for the Southern District of Indiana, the U.S. District Court for the Northern District of Indiana, and the Seventh Circuit Court of Appeals

† Thank You SPONSORS ¢

CED Technologies Clinton Investigations CourtCall Crowley Engineering Daugherty & Associates

Connor Reporting Crawford & Company ExponentJohnson Cambra & Libbert Kevin Kennedy & Associates

Leading Technologies ProAssurance Packer Engineering Ringler Associates SEA, Ltd.

Rimkus Consulting Group Stewart & Richardson Ritman Associates ThemeVision

11:00-12:00Product Liability State of the Art and Rebuttable Presumption after Wade v. Terex Kevin Schiferl, Frost Brown Todd Best Practices for Using Social Media in Products Liability Cases Stephen Reynolds, Ice Miller Case Law Update – Meredith White, Barnes & Thornburg Insurance Coverage Indiana Insurance Law Update - Speed Round Moderated by Jim Strenski Worker's Compensation setoffs from UM/UIM claims revisited - Justice v. American Family Insurance - Kevin Tyra, Tyra Law Firm Construction Statute of Repose - 'Improvement to Real Property' Defined by Supreme Court - Anna Mallon, Cantrell Strenski & Mehringer Supreme Court Reviews the Parameters of the Guest Statute Pfenne Cantrell, Kightlinger & Gray District Court for the Northern District of Indiana Defines 'material misrepresentation' Provision Found in Insurance Policies Catherine Haines, Cantrell Strenski & Mehringer UM/UIM Case Law Update - Hanna v. Indiana Farmers and Lakes v. Grange Mutual - Mark Gerth, Kightlinger & Gray Environmental Coverage Law Update Barb Jones, Cantrell Strenski & Mehringer

12:10-1:10Ethics: Judges and Lawyers Assistance Program

Terry Harrell, Executive Director JLAP

1:20-2:20Employment Law What Does 'Obamacare' Mean to an Employer with a Collective Bargaining Agreement - Don Smith, Riley Bennett & Egloff Recent EEOC initiatives and anti-discrimination legal developments including Systemic discrimination and association discrimination under the ADA Stephanie Cassman, Lewis Wagner

Construction Law Construction Claims and Disputes – Rimkus Consulting Group A working knowledge of the contractual issues at play and the engineering and construction data to be reviewed in order to develop a claim against the responsible parties on a construction project. Through a series of case histories identifying the type of dispute and the defects involved, attendees will be presented with the actual means and methods of working through construction claims and disputes, and the research required to develop the legal action.

2:30-4:00Health Care Litigation Loss of Chance Doctrine - Robert Parker, Burke Costanza and Carberry Nurse Practitioner/Doctor Collaborative Agreements and Liability Michele Calderon-Johns, IU Health Partners Practice Tips for Handling Attorney Fees Issues Under the Wrongful Death Act Statutes at Trial Tom Bodkin, Bamberger Foreman Oswald & Hahn

2:30-3:30Business Lit Litigation Financing: The Convergence of Law, Finance, and the Capital Market Focusing on the growing realities and impact of litigation financing on the defense bar. It will include an in-depth look at alternative funding arrangements driven by the venture capital market and will focus on related strategies and practical considerations in business disputes. Topics will include: the types and nature of litigation funding, moral and ethical concerns, and the foundational legal framework. Damon R. Leichty and J. Curtis Greene, Barnes & Thornburg

3:40-5:40Trial Tactics

Live Direct and Cross of Experts: An Expert's Review and CommentaryConsulting experts provide analysis and feedback on the live direct and cross of expert witnesses

Registration Form Member New Member

Full Name___________________________________

Badge Name (first)____________________________

Attorney # __________

Firm______________________________________

Address___________________________________

__________________________________________

City, St Zip________________________________

Phone_____________________________________

Email_____________________________________

Special dietary / Accessibility Needs: ___________________________________________

___________________________________________

FEES______ Before 10/5/12 $249

______ Before 10/26/12 $269

______ After 10/26/12 $289

______ Paralegal $100

GUEST FEES

______ Cocktail Reception Only* (Thurs) $60

TOTAL Registration Fees............ __________Registrations and payment must be received in the DTCI office on or before the dates listed above in order to qualify for discounted rates.

*Full Conference includes reception & lunch. ($60 per guest)

** New members receive 50% off of first year dues. Application must accompany this form. Application can be found on the DTCI website www.dtci.org.

Refund Policy: Cancellations received after October 22, 2012 are subject to a $50 fee. Cancellations after November 1, 2012 are non-refundable. Registrations may be transferred to another DTCI member with notice.

ON LINE REGISTRATION USING CREDIT CARD: www.dtci.org/conferences.aspx User ID & Password required.

Please mail this form with your check to:

DEFENSE TRIAL COUNSEL OF INDIANA9505 COPLEY DR.

INDIANAPOLIS, IN 46260317-580-1233

Thursday, November 15th

Comfy Rooms & Spacious Family Cabins

9:00-9:45 Practical and Thoughtful Tips for Successful Litigation Management Dina Cox, Lewis Wagner

9:45-10:45 Hot Buttons in Bad Faith Litigation Thomas F. Segalla, Goldberg Segalla, Buffalo, NY

10:45-11:00 BREAK

11:00-12:00 How to do Really Cool Stuff With an iPad at Trial (and other fun technology....) Matthew J. Schad, Schad & Schad

12:00-1:00 LUNCH

1:00-1:45 Mediation Practice and Pointers Richard Kraege, The Mediation Group

1:45-2:45 Use of Technology in Simplifying Your Practice David DeMoss, State Farm Litigation Counsel

2:45-3:00 BREAK

3:00-3:30 Voir Dire and Jury Selection: The First Step Towards a Defense Verdict Dennis Stolle, ThemeVision

3:30-4:00 Medicare Set-Asides and You Shirley Daugherty, R.N., Medicare Set-Aside Certified Life Care Planner

4:00-5:00 Ethics Considerations Don Lunberg, Barnes & Thornburg

8:30 -10:00 am Board Meeting & Annual Meeting 10:30-12:30 REGISTRATION of the Membership (Boxed Lunches)

Section Breakouts

12:00-4:00  

Paralegal Breakout - Bring your laptop

Excel & PowerPoint Workshop - Exhibits and Charts; Call Outs and Animations Deanna Finney, Modern Information SolutionsInsurance Billing and Ethics - How to Avoid Delays John Conlon, Conlon LegalSummation Workshop - What’s new....???Brett Christ, Preferred Imaging

Friday, November 16th

6:00- 10:00pm

Cocktail Reception and Dinner Gather for food, beverages,

networking opportunities.....and perhaps some FUN & GAMES....

Bring the family and enjoy the indoor water park.....