Westin Chicago River North Hotel, Astor Ballroom

Promenade Ballroom

Speaker: Marissa I. Delinks

Speaker: Ronald E. Mallen

This panel will explore very recent decisions concerning evidentiary and liability rules about a lawyer’s exposure for an inappropriate settlement or missed settlement opportunity. The California Supreme Court and others are examining whether evidence can be used of statements made in mediation and settlement conferences, and to what extent.

Panel Moderator: Thomas P. McGarry

Speaker: Charles A. Gilman

Panel Moderator: David E. Jones

Speaker: Pamela A. Bresnahan

Speaker: Kevin Rosen

Although the fiduciary obligations trace to the origins of the profession, the rules governing a claim for fiduciary breach in the context of a legal malpractice action are developmental. This panel will examine the significant recent developments concerning fiduciary breach claims from pleading necessities to the rules governing the proof of fault and causation.

Panel Moderator: John W. Sheller

Speakers: TBD

Promenade Ballroom

The new defense weapon started in 1992 with California’s anti-SLAPP statute, which now exists in some form in half of the states. This panel will examine the very recent legal developments concerning the use of the statutes. The panel will discuss similar procedural challenges, such as involving conspiracy claims, as well as special considerations in using demurrers, motions to dismiss and summary judgment.

Panel Moderator: Wendy Wen Yun Chang

Speaker: Frances O’Meara

Speaker: D. Ronald Ryland

During the last two years there have been significant developments in the case law that affects lawyers’ liability under the federal securities laws. This panel will examine those decisions from the United States Supreme Court and other important decisions, including a look at the interplay of state blue-sky laws.

Panel Moderator: David M. Schultz

Speaker: John K. Villa

Speaker: Roy L. Reardon

As in years past, the panel will discuss the significant case law bearing on lawyers’ professional liability insurance. This year's cases involving ”prior knowledge“ provide a new twist on this recurrent coverage issue, including whether expert testimony is allowed to prove that the insured should have reasonably foreseen a claim, whether a lawyer can ignore a court ruling that he provided ineffective assistance to a criminal client because the client could not bring a malpractice claim unless he was exonerated, and whether the insured's failure to disclose a disciplinary complaint in response to a specific question asking about this is a material misrepresentation. Courts also discussed whether a claim for the return of fees constituted covered ”professional services“ and whether a malicious prosecution action is covered by a lawyer’s commercial general liability and umbrella policies. In 2010, courts once again considered coverage for fraudulent internet check-cashing schemes, and the effect of an exclusion for claims arising from investment advice.

Speaker: David A. Grossbaum

Speakers: TBD

Members of the audience have an opportunity to engage in a “Q&A” dialogue with the panelists as they attempt to answer questions concerning legal malpractice or risk management. Take your best shot on your complex issues – everything is fair game.

Panel Moderator: Peter R. Jarvis

Location TBD

Promenade Ballroom

Insurance industry professionals will present our annual survey of the LPL insurance marketplace, and explore how the 2010 economy impacted insurance rates, availability and coverages. Have the predictions made by the 2010 panel come to fruition, or is the market’s perfect storm still lurking in the cycle? The panel will also survey claims trends and address ways in which law firms may be able to obtain added value from their premium dollars.

Panel Moderator: Victoria L. Orze

Speaker: Anthony K. Greene

Speaker: Matthew Probulus

Do titles make a difference? This panel will explore the liability and risk management considerations regarding how partners are held out to the public. The discussion will also cover considerations concerning non-partners.

Panel Moderator: Allison D. Rhodes

Speakers: TBD

With some frequency, law firms and their insurers have opportunities to mitigate and avoid losses where the underlying litigation or transaction is still pending or efforts can be taken to reduce the loss. In contrast, there are situations where it appears that the former client’s tactic is to establish evidence and findings to fault the law firm or structure the damages to enhance the legal malpractice claim. This panel will examine these topics from the perspective of the law firm and their insurers.

Panel Moderator: David P. Hartnett

Speaker: H. Robert Fiebach

Speaker: Robert Irish

Promenade Ballroom

Speaker: Dan DiPietro, Client Head of Law Firm Group, Citigroup Private Bank

Back again this year, we present a forum for law firm general counsel and risk management lawyers to explore topics of interest specific to their role and responsibilities. This panel of general counsel will address topics and questions submitted in advance by general counsel, conference attendees and advisors. Attendees of this session will also be encouraged to introduce topics for general discussion.

Panel Moderator: Thomas L. Browne

Speaker: David A. Lewis

Speaker: Edward J. Zulkey

Practical ways in which law firms can avoid claims arising out of fee disputes and still collect fees will be addressed by this panel. They will cover the pros and cons of alternative fee dispute resolution, as well as the practical consequences of choosing arbitration over other forms of resolving fee disputes and otherwise.

Panel Moderator: Peter R. Jarvis

Speaker: Joseph W. E. Schmitt

Speaker: Lauren B. Shy

Promenade Ballroom

Law firms have become targets for hackers – all computerized data is at risk. Drawing on resources from the “white hat” (anti-hacker) world, this panel will explore why and how computerized data is vulnerable, and what firms can do to improve security of sensitive data.

Panel Moderator: Michael P. Downey

Speakers: TBD

This panel will explore how firms can use technology to investigate and evaluate potential mergers and lateral candidates, and how, if at all, technology issues can be managed to ease such moves. Document integration is crucial in mergers and lateral hires and this panel will explore methods to resolve potential issues. The panelists also will examine problems firms encounter when technology is not used appropriately – or is just ignored – during the evaluation and integration of mergers and lateral hires. In addition, the program will address the technology issues that arise for the departed firm (or alternatively, the firm lawyers left out of any merger).

Panel Moderator: David J. Elkanich

Speaker: Jacqueline M. Schimmel Esq.

In 2008, legal technologist Richard Susskind published The End of Lawyers? Rethinking the Nature of Legal Services, which argues that law firms imminently face the two disruptive forces – commoditization of legal services, and new disruptive technologies. Susskind challenges firms to address the question: “What elements of [lawyers’] current workload could be undertaken more quickly, more cheaply, more efficiently, or to a higher quality using different and new methods of working?” This panel will examine what firms are doing and should be doing to face these challenges.

Panel Moderator: Anthony E. Davis

Speaker: Milton C. Regan, Jr.

Speaker: Jeffrey W. Carr