7:30

Registration & Continental Breakfast

8:00 - 8:30

Defending Against the Rising Cost of Social Inflation
Presented by: Eugena "Gena" Whitson-Owen, Zurich North America

Social inflation refers to all ways in which insurers’ claims costs rise over and above general economic inflation, including shifts in societal preferences over who is best placed to absorb risk. Social inflation is not a new phenomenon. It often occurs in waves and responds to changes in the liability landscape. Current driving factors of social inflation include:

• Recent increase in litigation and claims;
• The increasing proportion of large verdicts;
• Aggressive strategies of plaintiffs’ attorneys, i.e. the reptile theory; and
• The development of third-party litigation funding.

During this presentation, we will discuss ways in which the defense bar can combat against social inflation and level the playing field.

8:30 - 9:30

Defense Strategies for Effectively Anchoring Damages
Presented by: Dan Boho, Hinshaw & Culbertson, LLP and Amanda L. Zink, Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd.

The concept of anchoring for damage awards in civil trials is nothing new. In the last decade, anchoring has become a very effective strategy used by plaintiff attorneys to drive excessive civil damages awards. Studies have shown that a jury’s decision on damages is strongly affected by the number suggested by the plaintiff attorney, independent of the strength of the actual evidence. The effect appears so powerful that some researchers advise that “the more you ask for, the more you get.” Plaintiff attorneys boldly request tens even hundreds of millions of dollars from the jury, and they do it early and often throughout the trial.

As defense counsel, it is important to understand how opposing counsel will use anchoring at trial and, more importantly, what you can do to eliminate the effects of improper anchoring on the jury. This session will also dive into methods for effectively removing the plaintiff’s anchor, as well as, strategies for the defense to use when counter-anchoring.

9:30 - 10:30

Cross Examining and Defending Non-Economic Damages at Trial
Presented by: Eric W. Moch, HeplerBroom LLC, Chad M. Skarpiak, Cunningham Meyer & Vedrine, and Michael R. Slovis, Cunningham Meyer & Vedrine

Clearly one of the primary drivers of nuclear verdicts is the Plaintiff’s ability to put any number before a jury without any apparent tie in to concrete facts or methodology. All that Plaintiff has to show is an actual physical injury. Without any paradigm or rules to keep the noneconomic loss constrained, how are defense lawyers meeting the challenge of arguing Plaintiff’s number is unreasonable and the defense valuation should be selected? While per diem argument is prohibited in Illinois, many other approaches are not, including the ask that the jury pay Plaintiff what the corporation’s CEO was paid last year! This engaging panel discussion among defense trial lawyers will provide insights and key strategies to successfully drive down the nebulous numbers demanded by Plaintiffs.

10:30 - 10:50

Refreshment Break

10:50 - 11:50

206(a) Witnesses: The Face of the Corporate Organization
Presented by: Brian P. Gainer and Valandis Vrakas, Johnson & Bell, Ltd.

In this presentation, our panel of speakers will discuss how to have your witness be a positive and effective reflection of the company. From making sure there is a properly narrowed scope of the 206(a) topic to preparation of the witness for testimony.

11:50 - 1:00

Luncheon

1:00 - 1:45

In House and Outside Counsel: Paths to a Successful Partnership
Presented by: Andrew Boros, McDonalds Corporation, Erica Longfield, Allstate Insurance Company, Melinda Mahoney, Zurich American Insurance Company, and Tom Platt (Ret.), Metra

This presentation will consist of a discussion of best practices to obtain optimal relations between in house and retained outside counsel. Among the issues that will be addressed are:

• Building effective and frequent communication between in house and outside counsel to devise a case theory for case disposition including trial.
• Assisting outside counsel to connect with key in house witnesses, including experts and to identify relevant documents and preserve physical and electronic evidence for defense and discovery.
• Establishing protocols for in house counsel to review and critique or comment on outside counsel’s proposed pleadings, discovery, substantive motions, settlement conference positions and other work in advance of filing deadlines.
• Insuring that all substantive pleadings and motions adhere to factual and legal positions consistent with the in house client’s practices and needs.
• Input into assignment of associates and selection of experts.
• Establishing billing practices and controlling expenses.
  

1:45 - 2:00

Refreshment Break

2:00 - 3:00

Fair and Impartial – A Jury Consultant’s View into Implicit Bias in the Courtroom
Presented by: Jessica Riley (Schurig), Magna Legal Services

This presentation will focus on the effects of implicit bias in the courtroom and how it manifests itself during the jury selection process, at trial, and during jury deliberations. Drawing upon data collected from various psychological research and legal initiatives across the country, the discussion will include an overview of implicit bias from a social science perspective, current strategies being used to combat implicit bias among jurors, attorneys, and judges in Illinois courts and venues across the country, and suggested approaches for overcoming unconscious bias and avoiding its negative impact on trial outcomes.

3:00 - 4:00

The Kids Aren’t Alright: Understanding Today's Jurors & Plaintiff's Tactics
Presented by: Shira Rawlinson, U.S. Chamber of Commerce Institute for Legal Reform

Advertisements for lawsuits are overwhelming the airwaves and social media, outside funders are pouring billions into litigation without any transparency, the trial bar continues to test new novel theories of liabilities in the courts, and massive jury awards are increasing in size and frequency. Recent research from the U.S. Chamber of Commerce Institute for Legal Reform (ILR) found the median nuclear verdict was almost $25 million in 2019—an increase from just over $19 million in 2010. These litigation drivers are increasing costs for businesses and consumers. So how did we get here? What’s on the horizon for the defense community, and what opportunities are there at the federal and state levels to push for change?

Shira Rawlinson, ILR’s vice president for communications, will discuss how litigation drivers and shifts in public perception of the business community, institutions, and other factors have led to an out-of-control lawsuit system.

Dan L. Boho, a Partner with Hinshaw & Culbertson, LLP in Chicago, has a national trial and mediation practice with verdicts in Illinois, California, New York, New Jersey and Pennsylvania. Mr. Boho, former State Chair of the prestigious American College of Trial Lawyers, Fellow of the International Academy of Trial Lawyers, and member of the American Board of Trial Advocates, handles high profile, media-intensive matters. Mr. Boho joined Hinshaw & Culbertson LLP in May 1977. He was a member of Hinshaw's Executive Committee for more than 30 years and is the co-leader of the firm's national Personal Injury and Property Damage Practice Group. Mr. Boho has served as General Counsel of the 22,000 member Chicago Bar Association and the Chicagoland Chamber of Commerce.

Andrew A. Boros is a Senior Counsel in the Tort Litigation Practice Group in the Legal Department at McDonald’s Corporation in Chicago. He is responsible for supervising the defense of tort litigation and the handling of sensitive claims filed against McDonald's in the central and western U.S. In addition, he is the chief counsel providing legal advice to McDonald’s U.S. security team and also periodically provides counsel to the Safety, Insurance and Communications departments. Previously, he engaged in an insurance defense law practice and tried 40 civil cases to jury verdict in Illinois courts on behalf of defendants. He has previously been recognized and highlighted in the Editor's Choice section of the Illinois Jury Verdict Reporter. He has addressed national legal organizations on the topics of video surveillance and mediation.

Brian P. Gainer is a Shareholder and Vice President at Johnson & Bell and serves as the firm's Treasurer. He is chair of Johnson & Bell's Municipal Liability practice group. He has been recognized by his peers as an Illinois Leading Lawyer for the past two years and he holds an AV rating from Martindale-Hubbell. He focuses his practice in the areas of municipal and governmental tort liability, premises liability, product liability, trucking and transportation law, construction law and toxic torts. He was formerly a member of the Chicago Police Department, and received the Chicago City Council Lifesaving Award. Mr. Gainer routinely handles complex, high-profile matters for his clients.

Erica Longfield acts as Counsel for Allstate Insurance Company in its Law and Regulation Department overseeing extra-contractual liability and coverage matters. In her role, Erica advises the Company on risks related to casualty, property and commercial claims across the country, and manages high exposure matters in litigation. Prior to joining Allstate, Erica was a Partner at Swanson, Martin, & Bell, LLP in their Chicago office. Throughout her 15 years in private practice Erica obtained significant litigation and trial experience handling personal injury, product liability, complex commercial, and general liability matters. Erica and her husband live in Chicago where they are raising their three children between ages ten and two.

Melinda Mahoney has been with Zurich since 2003 and currently is an Assistant Vice President within the Complex Liability claims group. Her background with Zurich prior to her current role includes being the Director of Claims Quality Improvement, and in both individual contributor and management roles within Latent & Environmental Claims. Prior to joining Zurich, she was a practicing attorney. She received her Bachelor’s Degree in Spanish Translation from Northern Illinois University and her juris doctor from John Marshall Law School (now part of University of Illinois – Chicago).

Eric W. Moch, a partner in the Chicago office of HeplerBroom LLC, focuses his practice on organized medical fraud and insurance fraud, including organized activity and staged losses, as well as first- and third-party coverage and bad faith defense. Mr. Moch counsels and represents national insurers and policy holders, businesses, not-for-profit organizations and individuals in a variety of matters and litigated disputes. His insurance fraud practice entails the defense of insurers and their insureds against fraudulent claims at trial and the pursuit of civil damages for insurance carriers resulting in recoveries against medical fraud perpetrators. He has extensive civil litigation experience in Illinois state and federal courts, including in excess of sixty jury verdicts, victorious oral arguments before the Illinois Supreme Court and Seventh Circuit U.S. Court of Appeals and several published appeals.

Thomas Platt served as Metra’s Director of Litigation until his retirement in December 2022. In that role he managed and retained outside counsel and supervised in house attorneys and paralegals who handled personal injury cases, employment and police civil rights cases. Prior to that he was Deputy Corporation for the City of Chicago’s federal civil rights division where he also managed in house and outside counsel. He has also worked for a defense litigation law firm. He has been a licenses attorney since 1981 and has tried numerous jury cases to verdict in both federal and state court. 

Shira Rawlinson is the vice president of communications at the U.S. Chamber Institute for Legal Reform (ILR). She manages ILR’s communications team, serves as its point of contact for reporters, and is the executive producer of its award-winning Faces of Lawsuit Abuse campaign and award-winning podcast Cause for Action. Rawlinson crafts and implements the communications strategies to support ILR’s research and advocacy to achieve a fair legal system that promotes economic growth and opportunity. She also guides ILR’s digital communications efforts to ensure that its messages reach broad audiences. Before joining ILR, Rawlinson was assistant director of communications for nearly ten years at the Institute for Justice (IJ), one of the nation’s premier public interest law firms. There she led communication efforts for several of its initiatives, and her work appeared in outlets such as Good Morning America, CNN, The Wall Street Journal, NPR, and Food and Wine. In addition, Rawlinson served as editor-in-chief of Liberty & Law, IJ’s flagship bimonthly publication.

Jessica Riley (Schurig) is a Senior Litigation Consultant with Magna Legal Services. For the last 20 years, Jessica has used her understanding of jury decision-making processes to help clients translate complex issues into clear, persuasive themes and storylines that are used at trial. She has a diverse commercial litigation practice with most cases involving contract disputes, employment disputes, intellectual property, product liability, catastrophic injury and wrongful death. Jessica has extensive experience in all aspects of litigation consulting, including pre-trial jury research, theme development, trial strategy, witness preparation and communication training, voir dire and jury selection assistance, trial monitoring, shadow juries, and post-trial juror interviews. Jessica has provided CLEs and presentations across the country for various organization and law firms. She is a member of the American Society of Trial Consultants. Jessica has a J.D. from Golden Gate University School of Law in San Francisco and a B.A. in Political Science from the University of California, Santa Cruz.

Chad M. Skarpiak is a partner at Cunningham, Meyer & Vedrine where he focuses his practice in civil litigation with an emphasis on medical malpractice, federal civil rights defense, and appeals. Chad has successfully obtained multiple jury verdicts and summary judgment decisions in favor of medical and mental health providers in federal court. Chad has also represented clients on appeals to the United States Court of Appeals for the Seventh Circuit, the Illinois Supreme Court, and the United States Supreme Court. Chad has previously served as an Assistant Illinois Attorney General and an Assistant Cook County State’s Attorney, where he defended state and county entities and officials against federal civil rights claims in state and federal court. His prior private practice experience includes representing clients both at the trial and appellate level on a variety of subject areas, allowing him the ability to approach litigation with an expanded knowledge base. Chad has also previously served as a judicial extern for the Honorable John A. Jarvey, U.S. District Court for the Southern District of Iowa, and in Washington, D.C. as an intern for Senator Richard J. Durbin.

Michael R. Slovis is the managing partner of the Chicago office of Cunningham, Meyer & Vedrine. Mike focuses his practice on civil litigation, with an emphasis on medical malpractice and professional liability defense, as well as complex litigation and civil rights 1983 actions. Earlier in his career, Mike served as an Assistant State’s Attorney in Cook County, Illinois. In this role he argued numerous times before the Illinois Appellate Court and tried more than 30 felony cases. In 2004, he was named to the Chicago Law Bulletin Publishing Company’s Forty Attorneys Under 40 and since 2005 has been named an Illinois Super Lawyer, a distinction recognizing the top lawyers in Illinois based on peer nomination and evaluation, as well as independent research.

Valandis Vrakas is a Shareholder at Johnson & Bell and concentrates his practice in retail and general negligence, with focuses on premise liability, pharmaceutical negligence and common carrier negligence. Mr. Vrakas has defended a variety of clients including retailers, restaurants, gas stations, pharmacies, public transit providers, landlords, property management groups, general contractors, subcontractors, truck drivers and trucking companies, as well as individually named defendants. He regularly defends clients in cases resulting from intentional torts, fall-downs, misfilled prescriptions and motor vehicle collisions. Since 2017, he has been recognized as an "Emerging Lawyer" by the Leading Lawyers publication.

Eugena “Gena” Whitson-Owen is an Assistant Vice President with Zurich North America and the Managing Attorney for Zurich’s Staff Legal Offices in Chicago and Milwaukee. Prior to her current role, Gena was a Senior Trial Attorney representing Zurich’s insured customers in the areas of construction negligence, products liability, and commercial transportation, and served as the Team Lead overseeing the technical and legal excellence of Zurich’s staff legal counsel in ten offices across the Midwest. Gena serves on Zurich’s Social Inflation Task Force and in 2022 co-hosted the inaugural Defense Counsel Summit for Zurich’s staff legal, panel, and insured select attorneys across the country. Gena currently serves on the IDC’s Board of Directors. She is an instructor with the A-Z Litigation Academy, and has presented over the past 15 years on various topics at IDC Seminars.

Amanda L. Zink is a litigation Partner at Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd., a Chicago Defense firm. Ms. Zink has been a successful trial attorney for over 19 years. She regularly defends multi-million dollar personal injury, wrongful death and complex construction litigation. Ms. Zink has exceptional research and writing skills, and has won over 25 motions for summary judgment for her clients. Her high attention to detail, organization, and clear and concise arguments give her clients a distinct advantage in the courtroom. Ms. Zink was peer selected as a Leading Lawyer in 2020, 2021, and 2022.