DRI Faculty List

Construction Law Seminar

The Cosmopolitan of Las Vegas | Las Vegas, NV, United States | March 2 - 3, 2017


Matthew Adler
Trustee-AIA Trust
XL Group

Matthew Adler is currently with XL Group, a worldwide group of insurance companies and he works out of the Los Angeles office as a senior claims consultant. At XL, Mr. Adler handles a variety of claims including excess, reinsurance and wrap programs involving commercial and residential construction. Mr. Adler was previously with OneBeacon and handled construction defect claims and coverage actions of all types, exposures and jurisdictions across the United States. Mr. Adler's prior work history includes many years at The St. Paul/Travelers and The Zenith Insurance Companies. In addition to the construction field, his experience includes general liability, SIU and Workers Compensation. He currently serves as the President of the Construction Defect Claim Managers Association (CDCMA). Mr. Adler is a frequent speaker at the West Coast Casualty Construction Defect Seminar series on a variety of claims related subjects. Mr. Adler earned his bachelor degree from Pitzer College and is proud to serve as an executive board member of a local theater group, The Production Company.


Stephen J. Alexander
Capehart Scatchard

Stephen J. Alexander focuses his practice on all aspects of tort defense, products liability, employment and construction litigation representing large and small business owners and manufacturers, as well as insurance companies. He also has experience in the area of professional malpractice Mr. Alexander is AV Rated and has tried cases at the state and federal courts level in Pennsylvania, New Jersey and New York. He represents a diverse group of national and local clients including large and small businesses, retailers, restaurants, garages, developers and contractors, telecommunications, transit authorities, insurance companies, and manufacturing companies. He has successfully represented his clients in trials involving personal injury, products liability, and discrimination jury trials in both Pennsylvania and New Jersey and New York. Ste cut his teeth in the courtroom proudly serving in the USAF JAG Corps prosecuting over 80 jury trials and is an Iraqi War Veteran.


James B. Atkins, FAIA, FKIA
Trustee-AIA Trust Atkins Consulting Solutions

James B. Atkins, FAIA, FKIA, has worked in the design and construction industry for over 40 years. In recognition for his work, he has been elected to the prestigious College of Fellows in both the American Institute of Architects and the Korean Institute of Architects. Mr. Atkins founded the HKS Construction Services Group and established the policies and procedures for construction phase services that are in use today. He managed the firm operations, responsible for fiscal and contractual activities. He served as the firm's Risk Management Officer for over 25 years, establishing internal risk management protocols for architectural services. He also served as Principal-in-Charge on international sports venues in Brazil, India, and the United Kingdom as well as in the United States.


Justin L. Bailey
Counsel Legal Litigation
International Paper Company

Justin L. Bailey is currently employed as Litigation Counsel at International Paper. Working with the Personal Injury/Property Damage group, Justin is primarily responsible for tort claims involving the company, including personal injury and property damage claims arising from traffic/trucking accidents, mill and plant injuries and fatalities and product defects. Additionally, he is involved in contract and business disputes, as well as employment cases. Justin supports virtually all International Paper component businesses nationwide. He has had the opportunity to work with and manage outside counsel in jurisdictions across the country. Prior to joining International Paper in 2013, Justin worked as an Assistant U.S. Attorney for the Western District of Tennessee assigned to the General Crimes Unit. He was responsible for prosecuting violations of federal criminal statutes, including violent crimes and financial crimes. Justin began his legal career as an associate attorney with The Hardison Law Firm, P.C. in Memphis, where he practiced general civil litigation, focusing mostly on medical malpractice and insurance defense litigation. Justin was recognized by Ebony magazine as one of its "30 Leaders of the Future" in its February 2007 issue. He was also recognized by the National Bar Association as one of the "Nation's Best Advocates: 40 Lawyers Under 40" in 2016.


Scott A. Booth
Kasdan LippSmith Weber Turner LLP

Scott A. Booth is a graduate of California Western School of Law, San Diego, and earned his bachelor's degree in construction from Arizona State University. He has been an associate in the Kasdan Simonds' Phoenix office since 2005, where he utilizes his construction background in construction defect litigation. Scott says a phrase that sums up his professional life is, "if you always do your best, you will never look back regretting that you could have done more."


Chevon Andre Brooks
Partner
Quintairos Prieto Wood & Boyer PA

Chevon Andre Brooks is a partner in the Atlanta and New York offices of Quintairos, Prieto, Wood & Boyer, P.A. He is an insurance and litigation defense attorney who concentrates in the defense of property and casualty matters in both federal and state courts and has extensive appellate experience. His practice is emphasized in the areas of civil litigation defense and insurance coverage litigation, excess/umbrella coverage, labor and employment law and construction related matters, Federal Civil Rights 42 USC §1983 and municipal liability, premises and products liability, asbestos exposure, motor vehicle and general negligence cases. He is a former Assistant Corporation Counsel for the City of New York, who has significant experience defending municipalities. Mr. Brooks has litigated a wide range of federal cases in the Southern and Eastern Districts of New York and New York State Court, including: class actions involving the New York City Department of Education; actions involving federal claims against the Department of Correction, Department of Homeless Services, Department of Education, and New York City Police Department; and administrative appeals, including a successful defense of a FOIL challenge which was featured on the cover of the New York Law Journal. Mr. Brooks received his Juris Doctor from The George Washington University School of Law, Washington, D.C., in 2005 and Bachelor of Science from the State University of New York at Stony Brook in 2001.


Joseph H. Bucci
Saul Ewing LLP

Joseph H. Bucci has more than 40 years experience in the construction, development and real estate industries and has counseled clients on numerous construction related legal matters. Joe represents contractors, subcontractors, suppliers, owners, developers, architects, engineers, sureties and property managers in matters including commercial, industrial, heavy and highway, healthcare, petro-chemical, gas and oil exploration, marine and public works construction/development projects. Joe was formerly a journeyman steamfitter who worked with the tools in the field; an estimator, a project engineer, construction manager, mechanical/electrical coordinator and a designer/builder for a major general construction company. He also served as in-house counsel to a large general construction company. Combined with his legal skills and dispute resolution abilities, Joe's work history has proved to be invaluable to his legal career. He offers clients technical insight and the unique perspective of someone who has personally been in their shoes, as well as on the other side of trying to resolve the legal and/or operational issues associated with construction or real estate development matters. He has served as an arbitrator for the American Arbitration Association and the Allegheny County Bar Association's Construction Dispute Resolution Group. Joe also offers his services as both a private arbitrator or mediator to others in the construction industry. Most recently Joe was a co-author for the book State-by-State Guide to Architect, Engineer and Contractor Licensing (Aspen Publishers, 2010) in the chapter dealing with Pennsylvania law.


George Dale
Cove Programs Insurance Services LLC

George Dale has worked in the US construction and International insurance industries since 1985. Beginning as a business attorney for Western US construction industries, George founded one of the first specialist construction defect law firms (Carrick & Dale, Dale, Braden & Hinchcliffe) that grew to over 50 attorneys in California and Nevada. George also founded DBH Resources in 1999, the pioneer in risk management and wrap up administration for US construction and health care providers, as well as the International Insurance Market. In 2007, following the sale of his businesses, George worked for Aon's Construction Group as a member of the National Executive Committee, Co-Chair of the National Residential Practice and a risk management consultant to Aon's clients. George remains active in the California Building Industry Association and was a principal author of California's Right to Repair and other industry legislation.


The Honorable Mark Davidson
Asbestos Multi-District Litigation Court

The Honorable Mark Davidson served as Judge of the 11th District Court for twenty years before his retirement in 2009. He is now serving as the Multi-District Litigation Judge for all asbestos cases in the State of Texas, being named to that position by Chief Justice Wallace Jefferson and the Multi-District Litigation Panel of the Texas Supreme Court. In that role, he has judicial duties over the 85,000 asbestos cases pending throughout the state. While serving as a district judge, he tried over 450 jury trials and cut the backlog in the 11th District Court by 70 percent. In 1993, he was named "Trial Judge of the Year" by the Texas Association of Civil Trial and Appellate Specialists. From 2002 through 2007, he served as Administrative Judge of Harris County.


Diana M. Gerstberger
Senior Claims Examiner
XL Catlin

Diana M. Gerstberger, a senior claims specialist at XL Catlin in Atlanta, handles a variety of complex litigated claims, including construction defect matters. Previously, she worked for Zurich for five years, handling construction defect claims. Ms. Gerstberger has 15 years' experience in the insurance industry as a claims adjuster and insurance defense counsel. Ms. Gerstberger is the Vice Chair of DRI's Construction Committee.


Ellen H. Greiper
Goldberg Segalla LLP

Ellen H. Greiper is a partner at Goldberg Segalla LLP, where she has more than three decades of experience defending multi-party construction and construction defect cases in the state and federal courts of New York. An appointed arbitrator for the district courts in Nassau County, Ms. Greiper — who also has extensive experience litigating high-exposure premises liability, Labor Law, and personal injury matters that arise from construction site accidents — is a mediator for trial-ready cases in the Supreme Court of Nassau County, New York. A prolific author and frequent speaker on emerging issues in the construction industry, Ms. Greiper is a member of a number of professional organizations in the construction industry. Those memberships include the Construction Specifications Institute, DRI's Construction Defect Committee, and Professional Women in Construction, where she serves on the Board of Directors of its New York Chapter the organization's founding and largest arm. In 2013, Ms. Greiper co-authored a comprehensive survey examining a cross-section of construction cases from around the country for Mealey's Litigation Reports: Construction Defects. She is also the editor of the firm's Labor Law Update, which examines the latest developments regarding New York's Labor Law and construction site accidents


Sean C. Griffin
Partner
Dykema Gossett PLLC

Sean C. Griffin is a Member in the Washington, D.C. office of Dykema. Sean focuses his practice on commercial litigation, with a specialty in cases involving allegations of breach of contract or fraud. His experience includes litigating cases in federal and state courts and arbitration panels around the country. He also responds to subpoenas investigating violations of federal or state laws, including the False Claims Act, the U.S. Foreign Corrupt Practices Act (FCPA), and securities laws. Additionally, he assists clients with data security and responding to data breaches. After graduating from Columbia University School of Law, Sean clerked for the U.S. District Court for the District of Maryland. After his clerkship, he worked as a trial attorney at the U.S. Department of Justice, Civil Division, where he handled commercial litigation trials and appeals as well as government contract and construction litigation.


Rosary A. Hernandez
Partner
Tiffany & Bosco PA

Rosary A. Hernandez is first generation Cuban American. Her area of concentration includes commercial and business litigation, professional liability defense, construction law, and tort defense including tortious interference and related claims. Since 1993 she has represented clients in litigation and arbitration in Texas, Arizona, and California. Ms. Hernandez's last several years of practice has involved construction related matters, assisting developers, builders, and contractors manage their risk through difficult economic circumstances.


David L. Jones
Partner
Wright Lindsey Jennings

David L. Jones is a partner in the law firm of Wright Lindsey Jennings in Little Rock, Arkansas. His practice focus is construction defect and related contract litigation, including representation of owners, contractors, design professionals, sureties, and suppliers. He is a contributing author to several construction law publications. He also presents on construction topics and is an active member of the Defense Research Institute's (DRI) Construction Committee, currently serving as Program Chair of this year's seminar. He previously served as board chair of a not-for-profit residential builder and as a board member for ACE (Architecture, Construction, and Engineering) Mentor Program of Indiana.


Alicia R. Kennon
Senior Counsel
Wood Smith Henning & Berman LLP

Alicia R. Kennon specializes in the litigation of claims involving professional liability, construction defect, employment practices, and personal injury defense. She defends individuals, businesses, and public entities against allegations of premises liability, products liability, breach of contract, and wrongful termination. She has likewise secured favorable results in litigated matters on behalf of professionals, including physicians, nurses, hospitals, dentists, optometrists, insurance agents and brokers. Alicia has also successfully defended public entities in actions involving civil rights violations. She is experienced in all aspects of litigation and trial. As a compliment to her practice of law, Alicia was an adjunct professor of Employment Law at the University of the Pacific and is the president of Delta Gamma house corporation board, a 501(c)(7) organization, at the University of the Pacific. Alicia is also an active member of the DRI Construction Law Committee. She currently serves as the assistant Vice Chair of the Publications Team and as the assistant editor of the Committee's newsletter, The Critical Path.


Sean Killgoar, CPA, MST, CCIFP
Citrin Cooperman

Sean Killgoar, CPA, MST, CCIFP, is a partner in Citrin Cooperman's Braintree, Massachusetts office with over 18 years of experience in the accounting industry. He has a specialization in the construction industry, working with contractors and suppliers. He works with a range of closely held businesses ranging from start-ups to businesses with over $1 billion dollars in annual revenues. Sean's technical expertise and relationships in the construction industry allow him to work as a trusted advisor for his clients on many aspects of the business beyond the traditional audit and tax compliance work. He consults with clients on almost every aspect of their business strategy including job profitability, bonding capacity, equipment and labor burden rate analyses, implementation of compensation plans, construction specific tax planning, managing working capital, and succession planning. Sean is a member of the American Institute of Certified Public Accountants (AICPA) and the Massachusetts Society of Certified Public Accountants (MSCPA). He is also a Board Member of the Construction Financial Management Association (CFMA). Sean earned a B.S. in Accounting from Stonehill College and an M.S. in Taxation from Suffolk University. He is a Certified Public Accountant in the State of Massachusetts. He also holds a designation as a Certified Construction Industry Financial Professional (CCIFP).


Robin D. Leibrock
Vice President Claims Litigation
Century Insurance Group

Robin D. Leibrock is vice president of construction and professional liability claims for Century Insurance Group in Westerville, Ohio, a division of Meadowbrook Insurance Group. Prior to joining Century, Ms. Leibrock held positions with ProAssurance Insurance Company, the Ohio law firm of Mazanec Raskin & Rider, and the Ohio Attorney General's office. She is a member of DRI's Construction Law Committee and the State Bar of Ohio.


Paul R. McCullough, PE
SEA Ltd

Paul R. McCullough, PE, received his Bachelor of Civil Engineering and Master of Science degree in Civil Engineering, specializing in structures, from the University of Florida. Mr. McCullough's professional experience encompasses structural design, construction defect investigation, construction management, conflict resolution, and construction/ development feasibility studies. The emphasis of Mr. McCullough's structural design experience consists of segmental bridge design, municipal building design, custom residential design, and seismic retrofit analysis for historical buildings. Mr. McCullough functioned as Operations Manager for a construction and development company prior to serving as Founder and Principal of a development services company. As Principal, Mr. McCullough provided clients with a full suite of construction management and development services, including on-site construction management, design solutions, financial feasibility studies, dispute resolution, contract compliance, critical path analysis, and project charter evaluation. Mr. McCullough performs investigations relating to construction defects, structural failures and collapses, and wind and flood damage. Mr. McCullough is a licensed P.E. in Florida, Alabama, California, Georgia, Louisiana Mississippi, North Carolina, South Carolina, Texas, and Virginia. Paul is also a licensed General Contractor in California, and a Certified Project Management Professional (PMP). With S-E-A, he is a Senior Project Engineer.


Thomas L. Parco
Rimkus Consulting Group Inc

Thomas L. Parco received his Bachelor's in Architecture degree from California Polytechnic State University. He is a Registered Professional Architect (RA) in California, Nevada, Arizona, New Mexico, Oregon, and Georgia with experience in architectural design, project management, and construction documentation. Mr. Parco has been a member of the American Institute of Architects, has been registered with the National Council of Architectural Registration Boards since 1991, and is an accredited professional with The U.S. Green Building Council for Leadership in Energy and Environmental Design (LEED). Mr. Parco's expertise and experience includes property condition assessments, construction defect analysis representing various subcontractors, general contractors, and developers, providing expert testimonies, premises liability assessments (trip/slip/falls), ADA analysis, planning, preliminary building design, schematic design, construction drawings preparation and analysis, construction specifications preparation and analysis, building consultants coordination, and construction administration and support.


Tina Taylor Pecuszok
Nationwide Insurance Company

Tina Taylor Pecuszok is a Trial Attorney with Nationwide Mutual Insurance Company where she specializes in construction defect, insurance defense, fire loss, products liability, trucking law, consumer law claims, and complex commercial litigation in the central and southwestern areas of the State of Ohio. She is a member of the Construction Defect committee of the DRI and the Ohio Association of Civil Trial Attorneys and currently serves as the Ohio State Bar Association Chairperson to the Insurance Staff Counsel Committee. In 2013 she was named The American Lawyer Corporate Counsel Top Rated Lawyer in Insurance Law & Coverage. Ms. Pecuszok is a Martindale Hubbell AV rated attorney, a Martindale Hubbell Preeminent Attorney, and a Preeminent Woman Lawyer. Ms. Pecuszok is also licensed in the State of Oklahoma, District of Columbia, and Maryland as well as various Federal Courts.


Brian M. Perlberg
Associated General Contractors of America (AGC)

Brian M. Perlberg is Senior Counsel for Construction Law & Contract Documents at the Associated General Contractors of America (AGC). He serves as AGC's lead in-house attorney for all construction law and contract matters. He serves as the Executive Director & Counsel for ConsensusDocs, an unprecedented industry-wide coalition of 40 construction organizations dedicated to drafting best practice construction contracts. Mr. Perlberg serves on the ABA Forum on the Construction Industry Steering Committee for the Contract Documents, and the advisory boards to Construction SuperConference and WPL Publishing.Mr. Perlberg speaks throughout the country on construction law and contract matters and has been published in several publications including Construction Law Handbook (Aspen), Construction Law Update (Aspen), Construction Litigation Reporter, Risk Management in a World of a Change, the Voice, Construction Lawyer, and Constructor.


Jayne Ann Skrzysowski-Pittman
Partner
Conroy Simberg

Jayne Ann Skrzysowski-Pittman is a liability partner at the Orlando office of Conroy Simberg defending general contractors, subcontractors, manufacturers, suppliers and design professionals in complex construction defect litigation, and products liability cases in civil, federal and arbitration venues. She also represents carriers at mediation on insurance coverage issues relating to construction litigation to include additional insured recovery and indemnification demands. She has been the primary lead counsel in numerous multimillion dollar construction defect cases including residential, multi family, single family custom homes, condominiums and commercial buildings with values in excess of $20 million. She consistently represents all types of construction relating to building products and components ranging from siding, windows, roofs to exterior stucco and paint. Jayne leads as Chairwoman of the firm's Construction Practice Group. She has completed more than 100 construction mediations and defended more than 75 expert depositions of engineers, architects and industry executives. In addition, she has presented seminars throughout Florida and at national venues on construction topics that include additional insured recovery to adjusters and construction professionals.


Darren S. Port
Northeast Energy Efficiency Partnerships

Darren S. Port is Building Energy Codes Manager with Northeast Energy Efficiency Partnerships (NEEP) and is charged with developing and implementing policy strategies for the advancement of the Northeast regions adoption of, and compliance with, progressive building energy codes. Additionally, Darren advocates for policies to rate and disclose building energy performance. Prior to joining NEEP, Darren was the Green Building Administrator and Green Code Specialist for the State of New Jersey. Nationally, he serves as an appointed member on several code and standards making committees including, the International Green Construction Code (IGCC) and ASHRAE 189.1.


Michael P. Sams
Kenney & Sams PC

Michael P. Sams is a founding member and shareholder of the Boston-based firm Kenney & Sams PC. Mr. Sams is the Chair of DRI's Construction Law Committee. He is General Counsel to the Gould Construction Institute, serves on the Education Committee for the Steel Fabricators of New England, and previously served on the Boards of the Construction Financial Management Association and the National Association of the Remolding Industry. Mr. Sams also has served as President of the Massachusetts Defense Lawyers Association.


Susan R. Shelby, FSMPS, CPSM
President & CEO
Rhino Public Relations

Susan R. Shelby, FSMPS, CPSM, has driven public relations, marketing and communications programs across diverse industries for more than 20 years, including high tech; architecture, engineering and construction (AEC); and commercial real estate. Her expertise in media relations, strategic planning, crisis communications and relationship management achieves bottom-line results for some of the most successful professional service firms in the Boston area. Susan founded Rhino Public Relations in 2004, and has grown the firm over the past ten years and built a talented team of senior professionals and a network of partners. Her early career in sales formed Susan's commitment to integrating public relations and marketing with her clients' business strategies, enabling measurable results that contribute to business development and increased revenue. Rhino Public Relations works to support existing staff or as a fully outsourced public relations and marketing team. With a reputation for achieving results and many long-term happy clients, Rhino PR can be selective about working with companies that best complement its approach, expertise, and collaborative style.


Mark D. Shifton
Partner
Seiger Gfeller Laurie LLP

Mark D. Shifton is a Partner in the Princeton, New Jersey and New York City offices of Seiger Gfeller Laurie LLP. Mark focuses his practice in the areas of complex civil and commercial litigation in the state and federal courts in New Jersey and New York, and has extensive experience representing clients in catastrophic property loss and injury claims and litigation. Mark also routinely represents owners, design professionals, and contractors in construction disputes, and advises clients regarding various issues pertaining to green building and sustainable development. He currently serves as the Chair of the Building Products SLG of the Product Liability Committee, and is the Immediate Past Chair of the Products Liability Section of the New Jersey State Bar Association.


Joshua S. Wernig
The Middlesex Corporation

Joshua S. Wernig is Vice President and General Counsel for The Middlesex Corporation, a leader in the heavy civil construction & paving industries in the Northeast and Southeast. Joshua previously served as General Counsel and Senior Risk Manager for a large sophisticated regional subcontractor, Maine Drilling & Blasting, Inc. Prior to going in-house, Joshua was a litigation and trial attorney at Donovan Hatem LLP where he represented clients in complex, multi-party matters in state and federal courts, focusing on construction, employment, and professional liability claims. Joshua graduated magna cum laude as a double major in the Classics and Geology from Bowdoin College, and received his J.D. from the University of Maine School of Law. He is admitted to practice in Maine, Massachusetts and New Hampshire.


Diana L. Winfrey
Partner
Tressler LLP

Diana L. Winfrey is a partner at Tressler LLP's Los Angeles, CA office in the Insurance practice. She represents insurance companies in coverage and related matters, with an emphasis on construction defect cases involving multiple primary and excess policies, as well as OCIP (Wrap Up) policies. Diana's practice also includes coverage analysis for first- and third-party general liability, aviation and products liability claims. In addition to addressing insurance coverage issues, she counsels clients regarding underwriting and issues related to the drafting of policy language and endorsements, as well as claims handling and other business practices. Diana has over 20 years of experience in construction, both from a defense and insurance coverage standpoint, that provide her a unique ability to evaluate coverage claims from a global perspective. She works closely with claim representatives to assist in overall strategy for claims investigations, with a goal for early resolution.


Glenn M. Zakaib
Partner
Cassels Brock & Blackwell LLP

Glenn M. Zakaib is a partner in the Advocacy Department and the Product Liability and Class Action Specialty Practice Groups at Cassels Brock. The main focus of his practice is on product liability (e.g., drug and medical devices, automotive and aviation products, and electrical equipment and home appliances), as well as class proceedings (e.g., product liability, life insurance and misrepresentation claims and Competition Act claims). He has been involved in numerous precedent-setting cases.