Issue Three
President's Message Resources | what you may have missed Welcome | new members of the IADC IADC Successes | your accolades, courtroom wins, and accomplishments And more inside...
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The Beebes at a traditional tea ceremony in Kyoto with Michele and Mitchell Smith and Cecilia Lehaye.
President's Message - Omotenashi!
2023
As my year as IADC President comes to a close, I reflect upon the incredible people that Anne and I have been blessed to meet and the memorable events in which we have taken part this past year while representing the IADC. “Kind beyond measure” understates the generosity and welcome that we have received throughout the world, and nowhere more so than at our recent Regional Meeting in Tokyo, Japan. Japan is the country of my birth, and I had not returned since departing for the United States at age two with my family. This visit made clear my considerable error in judgment having waited more than fifty years for the homecoming. While visiting Kyoto, Anne and I, accompanied by Michele and Mitchell Smith and Cecelia Lehaye, enjoyed the delights and traditions of a Japanese sadō (the “way of tea"). Omotenashi — Japanese hospitality — imbues the traditional tea ceremony. While omotenashi is hard to define in English until you have visited Japan, according to Japan Travel, “it is an implicit understanding that there are no menial tasks if the result ensures a great experience for a guest.” During the ceremony, “the host constantly considers their guest with every movement and gesture. Indeed, the most important part of every ceremony is that the host prepares a bowl of tea from their heart.” Subarashii! Our host, Emiri, explained that upon entering the chashitsu (tea room) as her honored guests, we were to embrace the four guiding principles of the ceremony — harmony (wa), respect (kei), purity (sei), and tranquility (jaku). We were to respect all aspects of the tea ceremony, abandon the worries and tribulations of daily life, and focus on the harmony and tranquility of the ceremony. Emiri highlighted that our tea ceremony was ichigo ichie — a once in a lifetime event. That is, even if we were to return to the very same tea room, with our exact host, and the precise group wearing identical kimono, it would not be equivalent — as each of our life’s experiences is unique and singular! Translation: make the most of every moment. Subarashii! Reflecting upon the sadō, I realized that the IADC has its own omotenashi — a welcoming hospitality that comes from the heart. IADC members have demonstrated that they are focused on anticipating the needs of clients and friends alike, attentive to detail, and genuinely appreciative of the opportunity to serve. Our omotenashi is a cornerstone of the IADC. Although some might dismiss my assessment as quaint supposition, I challenge the doubters to assuage their incredulity by engaging in the IADC — network, connect, associate, affiliate, link, interface, relate, [insert favorite communing verb] — just engage and experience the IADC’s omotenashi. At worst, you promote your professional brand, garner a referral, advance your professional skill set, and make new friends. At best, you reach Enlightenment and become a Buddha. (Perhaps slightly overstated, but your engagement will reward you with no less than the “worst” case, and you enjoy IADC omotenashi: care and service originating from the heart.) My twenty years as an IADC member overflow with untold personal encounters and innumerable meetings that were enriching, invigorating, rewarding, and without question, reflecting IADC omotenashi. These special moments cannot be replicated. Yet, as Emiri espoused, ichigo ichie teaches us to be present in every moment and to recognize each occasion is unique and singular; thus, cherish the moment to the fullest, because it is fleeting. Anne and I thank you for the abundant omotenashi that has been extended to us at every destination this year and years prior, and our hope is that we will be able to return your generous hospitality. Finally, let me encourage you to embrace the philosophy of ichigo ichie and engage and connect not only in the IADC, but in all aspects of your everyday lives. The results will be subarashii! Mark R. Beebe IADC President 2022-23
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Emiri
President's Message (continued)
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2021 | Issue Three
HOW TO MAXIMIZE BUSINESS DEVELOPMENT OPPORTUNITIES We know that one of the most important aspects and benefits of membership is the ability to grow your network and your business. Hear eight tips from IADC Board and other members on how to maximize business development opportunities in the IADC. If you aren’t already doing some of these, we encourage you to do so!
REGISTRATION AND BROCHURE NOW AVAILABLE 2023 International Corporate Counsel College 8 - 10 October, Les Salons Hoche, Paris, France The International Corporate Counsel College brings together in-house counsel and their law firm counterparts for education and discussion on the latest legal issues affecting global companies. This year’s College will focus on in-house counsel sharing their experiences and lessons learned to better embrace the current and future challenges that most businesses are and will face. Come and learn from more than a dozen in-house counsel of international corporations which include Emerson, Crédit Agricole, Hilti Corporation, General Electric, Vertiv, Bureau Veritas, Brit Insurance, and more. This year's theme is Facing the Challenging Legal Landscape: Connecting Corporate Counsel to Practical Solutions, and highlights include: Women and DEI in Legal Teams (guest panel) Embracing the Future: Transforming Legal Departments for a Changing Landscape In-House Legal Team: From Cost-Center to Value Creator Feeling Overwhelmed by Increasing Regulations? Welcome to Our Support Group The ESG Landscape: Where It's Been and Where It's Going? Get the In-House's View Preparing for and Responding to a Social Media Crisis: A Lesson in Effective Risk Management View the full brochure and registration on the International Corporate Counsel College page on the IADC website.
BUSINESS DEVELOPMENT OPPORTUNITIES: A YEAR IN REVIEW During the 2022-2023 leadership year, the following BDO opportunities were afforded to IADC members. Thank you for your participation and commitment. In-Person Connection Events 11 Regional Meetings spanning the globe Signature IADC conferences: Trial Academy (Palo Alto, CA), International Corporate Counsel College (Vienna), Midyear Meeting (Austin, TX), Leadership Forum and Corporate Counsel College (Chicago), and the Professional Liability Roundtable (NYC) 212 Monthly Substantive Committee Meetings, featuring: 132 presentations on important topics and best practices 236 member introductions 13 joint Committee meetings social activities Member Spotlights published monthly 45 published writing opportunities through our scholarly Defense Counsel Journal and Committee articles 18 feature articles placed by our PR firm, Jaffe 72 member successes shared Approximately a quarter of our membership reported having given a referral or received a referral since January. The cumulative value of the referrals reported was approximately $13 million.
Amended Rule 702 - A Call to Action After eight years of deliberation, the Federal Rules Committee has unanimously approved amendments to Federal Rule of Evidence Rule 702 to correct two widespread judicial errors by which many federal courts have been abdicating their gatekeeping responsibility to protect jurors from unreliable expert testimony. Although not formally effective until December 1, 2023, these amendments are intended to clarify the proper application of the current Rule 702 and are already being relied upon in federal courts. The specific changes to the text of Rule 702 will (1) add the preponderance of evidence standard directly into the rule and (2) revise subpart (d) to require that “the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case” instead of “the expert has reliably applied the principles and methods to the facts of the case.” More generally, the amendments are aimed at countering decades of judicial recalcitrance to the proper application of the strict standards for admissibility of expert testimony that had been proscribed in the prior round of Rule 702 amendments in 2000. While these amendments mark a significant victory for the defense bar, there is considerable work still to be done. Following the last round of Rule 702 amendments, the defense bar lost focus and allowed the plaintiffs’ bar to carve away at protections against unreliable expert testimony. Simply stated, we cannot let this happen again. To cement and build on the new victory, we -- and most importantly our clients -- need your help. To that end, the International Association of Defense Counsel is forming a new Standing Committee –the Rule 702 Sustainability Committee– that will be working in coordination with other defense groups to achieve the following goals: 1) Judicial and practitioner education on the amended rule, 2) Amicus support, 3) Creating and populating a Rule 702 resource repository, and 4) Parallel expert admissibility rulemaking efforts in state jurisdictions Given the legal and geographic breadth of the challenge, we are calling upon outside counsel, in-house counsel, and insurance executives with both federal and state practices in all 50 states and the District of Columbia. Members of the Committee will be given resources and support to become the new faces of Rule 702 in their jurisdictions, in their practice areas, and for their clients. For more information, please contact Committee Chair Eric Lasker.
The IADC Foundation has awarded $130,000 in grants this year to worthy organizations that support the rule of law and access to justice. View the videos below to see your donations at work. NEW LEVELS OF GIVING Buy raffle tickets or make a donation to the IADC Foundation and join a special group of people who have made a significant impact. President's Circle of Fellows - $1,000 in the current calendar year Life Fellow - $5,000 in lifetime giving Sustaining Life Fellow - $15,000 in lifetime giving
LEARN MORE ABOUT THE FOUNDATION AND GIVE YOUR SUPPORT
Pittsburgh, PA Regional Meeting. On May 16, attendees gathered at the Eastern Regional Meeting in Pittsburgh which celebrated third-year Board member Alba Romano. Attendees enjoyed a presentation on digital forensics by sponsor, member, and Regional Meeting Host John Unice and Brett Creasy of Bit-x-Bit, LLC. The meeting concluded with a dinner at the Four Diamond rated Altius Restaurant with a stunning view atop Mount Washington overlooking the city. Professional Liability Roundtable. On May 18, the IADC was in midtown New York City for the Professional Liability Roundtable held at Cornell University. There were three tracks comprised of eight outstanding panels with topics touching on cyber risk and insurance. Thank you to Chas Reynolds (Professional Liability Roundtable Chair), Alex Brown (Insurance Liability Roundtable Chair), and Constance Endelicato (Medical Liability Roundtable Chair) and their Committees for planning such an insightful program. Tokyo Regional Meeting. On May 23, the IADC headed to Tokyo for the first Regional Meeting held there in IADC's 103 year history. Hosts Hiroyuki Tezuka, Noriko Higashizawa, and Yoshi Takatori welcomed 34 attendees from Japan, Korea, Australia, and the United States. Panel topics included nuclear verdicts, arbitration versus litigation, DEIB, and updates on laws and regulations. The meeting was followed by a cocktail reception and a traditional Japanese dinner dining experience at Ajiichi. Birmingham Regional Meeting. On June 6, Host Katie Powell greeted attendees from across the country for the Birmingham Regional Meeting which honored third-year Board member Chris Berdy. Brantley Fry of Southern Research presented the insightful keynote talk.
RECENT EVENT RECAPS
MEMBER SPOTLIGHT
The IADC's Member Spotlight program is designed to introduce and focus attention on members. Fill out the Member Spotlight Form to be featured next. Meet members Lyndey Bryant (member since 2022), Christopher A. Kenney (member since 2003), and Scott O'Connell (member since 2017). Click images below to enlarge.
New England States Reach Divergent Outcomes on COVID-19 Coverage Disputes By Alex Henlin Insurance and Reinsurance Committee Punitive Damages Amendment Seeks to Provide Statutory Authority Altering the Landscape of Wrongful Death Recovery By Lara R. Lickhalter and Justin Dobek Transportation Committee Trucking Accident Critical Initial Decision–Points By Floyd G. Cottrell Transportation Committee The Golden Power in Italy By Filippo Mazza International Committee The PFAS-Concern is Reaching the EU By Sylvie Gallage-Alwis and Elias Boukachabine Toxic and Hazardous Substances Litigation Committee
Committee Newsletters
Resources |
what you may have missed
Active Ally Series (Diversity, Equity, Inclusion and Belonging Committee initiative)
Litigating Claims of Nitrosamines and Trace Contaminants in Pharmaceutical Products Presented by - Product Liability Committee Presenters: Sharon L. Caffrey, Duane Morris LLP; Cheryl Woodin, Bennett Jones LLP PDF of Presentation | Webinar Recording | Password can be found here Risk and/or Opportunity? What are the Liabilities and Litigation Risks? Presented by - Product Liability Committee Presenters: Sylvie Gallage-Alwis, Signature Litigation AARPI; Erik W. Legg, Farrell, White & Legg PLLC PDF of Presentation | Webinar Recording | Password can be found here
Focusing on Mental Health and Wellness Moderator: Carolyn Hussman Speakers: Sara Barnhart, Joseph C. Chancey, Taylor S. Poncz To view this recording, please visit the Diversity, Equity, Inclusion, and Belonging Resources page.
Webinars
Whether you have been a member for a short or a long period of time, you may not know everything your membership affords. View our Welcome Membership Packet to learn about some of the key ways you can utilize the benefits of your membership.
New Members |
John Albright HUB International Chicago, Illinois United States Raghu Bandlamudi Manning Gross+ Massenburg LLP New York, New York United States Ryan Pitman PineGate Renewables Asheville, North Carolina United States Stephen W. Still, Jr. Starnes Davis Florie LLP Birmingham, Alabama United States Gael Tisack Abbott Laboratories Chicago, Illinois United States Zachary Wallack Eckert Seamans Cherin & Mellott LLC Boston, Massachusetts United States Byron Hansbro State Farm Mutual Automobile Insurance Company Bloomington, Illinois United States Julie Maurer Lewis Brisbois Bisgaard & Smith LLP Boston, Massachusetts United States Joseph T. Toomey Nutter McClennen & Fish LLP Boston, Massachusetts United States Niki Schaefer Reliability First Cleveland, Ohio United States James Fraser Thompson Hine LLP Washington, District of Columbia United States Catherine Ava Leatherwood Rogers Townsend, LLC Columbia, South Carolina United States Kerry R. Lewis Rhodes Hieronymus Tulsa, Oklahoma United States Michel Morgan Universal Property and Casualty Ins. Co. Fort Lauderdale, Florida United States Christina Kelly Squire Patton Boggs (US) LLP Phoenix, Arizona United States Jeremy Moseley Spencer Fane, LLP Denver, Colorado United States Craig Campbell Hand Arendall Harrison Sale LLC Mobile, Alabama United States Joseph C. Megariotis Connell Foley LLP Newark, New Jersey United States Aaron Schaer Lane Powell PC Seattle, Washington United States Talaal Bond Matthew Abogado LLP London, Ontario Canada May Cheng Dipchand LLP Toronto, Ontario Canada Caroline Iovino McDermott Will & Emery Miami, Florida United States Seth R. Jewell Federal Express Corporation Memphis, Tennessee United States Clifford F. Kinney, Jr. Spilman Thomas & Battle, PLLC Charleston, West Virginia United States J. Richard Moore Bleeke Dillon Crandall Indianapolis, Indiana United States
new members of the IADC
New Opportunity for Committees! The IADC is offering a new opportunity to a Committee to plan a specialty roundtable program. If your Committee has an idea that would benefit the IADC and its members, please submit a proposal online on the IADC website here.
NOMINATE If you know anyone who would be an excellent member, nominate them for IADC membership.
To submit an accolade, courtroom win, or pro bono accomplishment, email Ashley Hatfield, Director of Communications, at ahatfield@iadclaw.org.
Malissa Wilson, partner at Forman Watkins & Krutz LLP, was named recipient of the Mississippi Bar's Distinguished Service Award. | more
Christopher C. Lam, partner at Bradley Arant Boult Cummings LLP, obtained summary judgment for a client in a three year commercial litigation case. | more
Jennifer Reid Egbe, partner at Huie, Fernambucq & Stewart, LLP, was selected as a member of the 2023 class of Fellows by the Alabama Law Foundation. | more
J. Dominic Campodonico, partner at Gordon & Rees, was recognized by Who's Who Legal for his prowess in the Life Sciences 2023 Legal Marketplace Analysis. | more
Charles H. Cole, partner at Lewis Brisbois Bisgaard & Smith LLP, was featured in CIO TODAY in an article on the top five personalities revamping the future. | more
Christopher S. Drewry, partner at Drewry Simmons Vornehm, LLP authored an article on project documentation for Modern Contractor Solutions on behalf of the IADC. | more
Dabney J. Carr, partner at Troutman Pepper Hamilton Sanders LLP, was named editor for the firm's newly launched blog. | more
your accolades, wins, and accomplishments
Neal D. Moore III, partner at Christian Small, won a complete defense verdict in a 7-figure personal injury case. | more
Dixie T. Wells, partner at Ellis & Winters LLP, authored an article on OSHA multi-employer worksite policies for Modern Contractor Solutions on behalf of the IADC. | more
IADC Successes |
Latitude | Berkeley Research Group, LLC | IMS Consulting & Expert Services | Magna Legal Services | Pivot Engineers | ESi | Avalon Health Economics | Baker Tilly | HKA | LIT SOFTWARE | YOUNG & Associates
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