The Voice^TM

John Guttmann Appointed as Center Chair

DRI is pleased to announce that John S. Guttmann has become Chair of the Center for Law and Public Policy. A principal of Beveridge & Diamond PC in Washington, D.C., John represents companies in complex, high-stakes toxic tort, product liability, and environmental litigation. He has served in leading roles in litigation matters with potential damages/awards in the billions of dollars and has secured dismissal or reduction of claims in numerous matters.

“The Center for Law & Policy is central to DRI’s mission. It focuses on issues that are important to DRI’s members and their clients and questions that are critical to preserving a fair and balanced civil justice system,” said John. “I am excited to continue to play a part in the Center’s work.”

“John Guttmann is a nationally recognized environmental litigator and longtime DRI leader,” said DRI President Anne Talcott. “As president, I cannot think of a more qualified person to chair the DRI Center for Law and Public Policy and am excited to work with John in the coming year on issues affecting the defense bar and our business clients.”

John serves as lead national counsel for a petroleum refiner in all MTBE product liability litigation and has been a member of the defense steering committee for the refining industry in those cases. He led a team that successfully defended a public water utility in multiple cases claiming health effects due to alleged lead exposure. John devotes a substantial part of his practice to the defense of natural resource damages (NRD) cases brought by trustees. His litigation experience also includes indemnity litigation, securities class actions, breach of fiduciary duty claims, directors and officers liability suits, complex contract cases, unfair competition cases, and health insurance matters.

In addition to serving as vice chair of the Center for the past two years, John is a former DRI National Director and previously served as chair of the DRI Toxic Torts and Environmental Law Committee.

Thank You to Larry Ebner!

The DRI Center for Law and Public Policy is deeply indebted to its outgoing chair, Larry Ebner, for his tremendous leadership. “Under Larry’s guidance, the Center has experienced an unprecedented period of growth and productivity,” said Center Director Jay Ludlam. “It has been an honor to collaborate closely with him and I look forward to doing so in other capacities.”

In addition to his ongoing service as a member of the Center’s Amicus Committee, Larry—who is both Executive Vice President & General Counsel of the Atlantic Legal Foundation and Founding Member of Capital Appellate Advocacy PLLC in Washington, D.C.—will also be stepping into a new leadership role as the Center Advisory Council Liaison.

In acknowledgement of his service, Larry was presented with a Leadership Award by then-DRI President Pat Sweeney at the Center’s business meeting during the 2024 DRI Annual Meeting in Seattle.

New Appointments

The Center for Law and Public Policy continues to grow and is pleased to announce the appointment of four DRI members to two of its task forces.

Newly appointed to the Center’s Artificial Intelligence Task Force are Sean Griffin and Jay Mattappally. Sean, a partner of Robinson & Cole LLP in Washington, D.C., is an experienced litigator who has accumulated a keen knowledge of addressing clients’ complex legal issues. Whether as a business litigator or a leader in data privacy, he spots issues and anticipates contingencies to craft effective litigation and cybersecurity strategies. Sean is also a member of the Center’s Data Privacy and Protection Working Group, for which he served as a co-author of the group’s recently published white paper on misinformation, disinformation, and malinformation. Jay is a partner of Irwin Fritchie Urquhart Moore & Daniels LLC in New Orleans, where he focuses his practice on defending product manufacturers in individual and mass-tort actions, including in the medical device, pharmaceutical, chemical, and consumer-product industries. With extensive experience in all phases of litigation—from pre-suit investigations to trials—he excels in fact-finding, discovery, expert and fact witness preparation, depositions, motion practice, and trial preparation. He was the 2021–22 recipient of the DRI Young Lawyers Rookie of the Year Award.

Joining the Center’s Social Inflation Task Force are Linda Fulop-Slaughter and Kathrin Hashemi. Linda, Assistant Vice President, Claims Counsel, at Sompo International in Florham Park, New Jersey, has been a member of DRI since 2006 and is an active member of the DRI Medical Liability and Health Care Law Committee. Kathrin, a director of KCIC in Washington, D.C., has been a DRI member since 2004 and currently holds leadership positions in both the DRI Asbestos Litigation Committee (Marketing Vice Chair) and the DRI Medical Liability and Health Care Law Committee (Networking Chair).

DRI for Life

On Thursday morning, nearly thirty runners, joggers, and walkers were led by the incoming DRI Foundation President Lori O’Toole (Preg O’Donnell & Gillette) on the aptly named Grunge Run from the seminar location to the famed Space Needle and back. DRI members wore combination of flannel shirts, grunge rock gear and the heavily debated beanie/skull/cap/toboggan. On Friday, a much smaller and less competitive group participated in the Caffeine Convo on a java-fueled trek to the Pike Place Public Market to patronize Starbucks at the original location.

DRI for Life also announced our strategic partnership with the Institute for Well Being in Law, set to begin in the new year. We have more to come on this announcement and the no-cost benefits it will provide to our DRI members in terms of mental health and well-being.

National Foundation for Judicial Excellence (NFJE)

The DRI Foundation led the effort for DRI members and succeeded in raising over $10,700 to support the NFJE. This financial support allows the NFJE to continue to address important legal issues affecting law and the civil justice system by providing meaningful support and education to the judiciary through the publishing of scholarly works and by engaging in other efforts to continually enhance and ensure judicial excellence and fairness for all engaged in the judicial process. To carry out this mission, the NFJE has hosted an Annual Judicial Symposium each summer for the past two decades.

DRI Cares

Blessings in a Backpack was a huge success, as David Jones (Wright Lindsey Jennings) and Catherine Leatherwood (Nelson Mullins) enlisted a host of DRI members, vendors and sponsors in the expo hall to move closer to our goal of serving over 30,000 meals to young school children facing food insecurity all over our country to date through our partnership. This year, our members set a record of packing over 100 meals in less than twenty-three minutes in order to feed school age children in the Seattle community. Our members and guests operated as a well-conditioned assembly line of good will for the local community. At this point, we have given back to nearly every community in which a DRI seminar was held.

DRI Community Service Award

I have purposely saved the best for last. On Friday night during the awards ceremony, the longtime President of the DRI Foundation Jody Terranova (Wilson Elser) received the DRI Community Service Award for her outstanding leadership and long tenure of service to the DRI Foundation and the members of DRI. Jody has been steadfast in the transition and alignment of the Foundation. As a fellow DRI Foundation member, I am very proud to be a part of the work Jody started several years ago.

DRI Secretary/Treasurer Ricardo Woods is the Foundation’s former DRI for Life Chair.

Note that your jurisdiction may not yet have adopted the ABA’s revision to Model Rule 1.16(a), so check your state’s rules to be sure. In addition, it’s important to remember that ABA ethics opinions are not binding. Rather, ABA opinions serve to guide and instruct lawyers.

Here, even if your state hasn’t adopted new Model Rule 1.16(a), the ABA opinion is worth reading, and provides a guide to best practices when considering whether to accept a representation. As the opinion points out, a “duty to inquire into and assess the facts and circumstances of a representation has long been implicit in” the Rules of Professional Conduct. See, e.g., RPC 1.2, 1.3, 1.13, and 8.4.

For instance, the opinion identifies five non-exclusive factors that lawyers might consider when assessing the risk of accepting or continuing a representation:

1. the identity of the client, including the client’s beneficial ownership if the client is an entity;
2. the lawyer’s experience and familiarity with the client;
3. the nature of the requested legal services;
4. the relevant jurisdictions involved in the representation (for example, whether a jurisdiction is considered at high risk for money laundering or terrorist financing); and
5. the identities of those depositing into or receiving funds from the lawyer’s client trust account, or any other accounts in which client funds are held.

In addition, Opinion 513 provides a number of hypotheticals to further educate lawyers on how to fulfill their duty to inquire into the relevant facts and circumstances relating to the representation.

While this opinion is not binding, be assured that it will be used by plaintiff counsel seeking to hold lawyers responsible for wrongdoing by clients. Protect yourself by reading this opinion and considering how you can better protect yourself against related claims.

As always, if you have questions or want to talk with senior risk management counsel, don’t hesitate to get in touch with us through our website, Attorneys Risk Management and click on the “Request a Risk Management Consultation” button.

Attorneys spend an inordinate amount of time on developing and applying strategy. We receive a new assignment and immediately get to work determining the first steps we need to take procedurally. We put our head down and begin researching, writing, and filing. The only problem? We haven’t looped our client in, let alone asked for approval.

This scenario highlights just one of the ways in which attorneys fail to recognize their proper prioritization. The client must be at the center of everything. At all times and always. Every keystroke should be undertaken with the client’s interests not only in mind, but paramount.

My book, “Where the Rubber Meets the Road: Thirty Essential Tips for Counsel to Best Serve their Clients,” includes recommendations to attorneys using real-life anecdotes and pop culture references (including multiple lessons to be learned from Star Wars), all of which seek to enhance client service.

Some of these tips include:

• Availability is the Best Ability
• Don’t be Mr. Roboto
• Give Them the Movie Version
• Fall on Your Sword
• Do or Do Not. There is No Try
• Know (and be Honest About) Thine Enemy
• Sometimes, Work for Free
• Be a No-Man

The book’s content was derived, in no small part, through my involvement with DRI. By way of just one example, Tip #18 is “Use All Available Resources.” In short, I write that, when performing research for a case (such as the background on other parties, opposing counsel, a particular jurisdiction, or an assigned judge), attorneys often stop after a cursory online search. This simply isn’t good enough. You wouldn’t stop there when selecting a dentist, accountant, or mechanic in your personal lives. So why would you do so when your client’s interests are at stake?!

Instead, attorneys should utilize their professional connections. Asking colleagues should be a given, but also reaching out to industry contacts, such as those initiated and cultivated through DRI.

By employing every available resource, counsel may uncover crucial and imminently usable details. Maybe opposing counsel tends to posture unreasonably, and then folds on the courthouse steps, accepting the last and best offer right before trial. Or perhaps a judge has a penchant for granting a particular type of motion or is especially receptive to a certain argument. These points cannot be gleaned from Google, but rather, must be uncovered during a more thorough and comprehensive type of research; one which is aided through active membership in defense groups such as DRI.

Nate R. Bohlander, Esq., is a partner in the Philadelphia office of Morgan, Akins & Jackson, PLLC, as well as chair of the firm’s National Aviation Practice Group. He regularly defends airlines, product manufacturers, construction organizations, commercial trucking companies, and other business entities in a wide range of civil suits. Nate is licensed in Pennsylvania, New York, and New Jersey. He recently authored his first book, “Where the Rubber Meets the Road: Thirty Essential Tips for Counsel to Best Serve their Clients,” which is available on Amazon in both hard copy and e-book formats.

In Lange v. GMT Auto Sales, Inc., the Center joined the brief of the Missouri Organization of Defense Lawyers (MODL) in support of the respondent’s position that the Missouri Court of Appeals, Eastern District, erroneously held that defendant waived its right to arbitration by filing a motion to dismiss, arguing that pursuing a motion to dismiss before moving to compel arbitration not only does not waive arbitration rights, but also serves judicial economy and the interests of the parties by resolving certain threshold questions before arbitration.

In Piasa Armory LLC v. Raoul, the Center joined the brief of the Illinois Defense Counsel (IDC) in support of the continued viability of the intrastate forum non conveniens doctrine, which is fundamental to the rights of defendants and the handling of lawsuits in Illinois, and that abandoning that doctrine would result in a concentration of cases in a select few Illinois counties, overwhelming those courts and burdening local juries with deciding controversies that have little, if any, practical connection to those counties.

The Center was pleased to lend its support in these important matters.

1. Learn the Signs

Although it may not always be obvious, individuals experiencing an emotional crisis usually exhibit one or more of the warning signs of suicide. Your ability to identify the signs will better prepare you to take action and could help save a life. These signs of people who may be contemplating suicide include but are not limited to the following:

1. Talking about death, wanting to die or hurting themselves
2. Talking about feeling empty, hopeless or having no reason to live
3. Talking about guilt, shame or feeling trapped with no way out
4. Talking about being a burden, withdrawing from friends/family
5. Developing a plan to kill themselves (online searches)
6. Using alcohol or drugs more often
7. Saying goodbye to friends, family and/or coworkers

2. Know How to Help

You should not be afraid to ask a family member or a colleague if they are having thoughts of suicide. The national suicide hotline number is 1-800-273-8255 or text 988.

3. Practice Self Care

Research indicates that our mental fitness or wellness is crucial to our overall long-term health and can even protect us from disease. Learn some tips for keeping mentally fit. Make it a priority!

4. Reach Out

If you or someone you know is in emotional distress you must reach out to help. You are not alone. Learn about different help options and how to take that first step in seeking help and care.

5. Normalize Open Discussions

Let us get people talking. By normalizing the discussion we can raise awareness of the problem of suicide and equip people with easy tools to help themselves and others.

Over the past year we lost multiple members of the defense bar to suicide and each loss was a shock. We want our members to be cognizant of the warning signs and importance of taking care of ourselves and each other. The point is we never know what people including opposing counsel is going through at any given time.

DRI Secretary/Treasurer Ricardo Woods is the Foundation’s former DRI for Life Chair.

Danielle M. Barfield has joined Barker Patterson Nichols as an Associate located in West Palm Beach, FL.  She represents businesses and individuals in civil defense areas including medical malpractice, general liability, civil rights, and labor and employment and was a law clerk during the founding of the Florida Sixth District Court of Appeal. Danielle has been a DRI member since 2024.

Kira Barrett has joined Clyde & Co as Senior Counsel located in Phoenix, AZ. She focuses her legal practice in the areas of commercial litigation, construction, insurance, product & general liability, environmental & toxic tort, and professional liability defense. She represents businesses and individuals in a variety of tort and contract related claims. Kira has been a DRI member since 2024.

Adam D. Franks has joined Mitchell, Williams, Selig, Gates & Woodyard as Counsel located in Little Rock, AR. He represents businesses, nonprofits, and medical professionals on complex cases in state and federal courts. His client matters range from insurance coverage and commercial disputes to product liability and wrongful death claims. Adam has been a DRI member since 2022.

Brendan P. Hall has joined Cozen O’Connor as Counsel located in New York, NY. As a litigation attorney, his practice areas include insurance coverage, product liability, and strategic risk & complex litigation. Brendan has been a DRI member since 2021.

William H. McKenzie, IV has joined McKenzie Law as an Attorney located in Birmingham, AL. He is a trial attorney and runs a national practice out of his offices in Alabama and Mississippi. He recently won a trial in the U.S. Southern District of New York. William has been a DRI member since 2007.

Mark E. Parsky has joined Parsky & Galloway as a Managing Partner of the firm located in Chicago, IL. He participates in national practice and local practice throughout Illinois in tort defense, product liability defense, insurance coverage, and commercial litigation. Mark has been a DRI member since 1993.

Meghann N. Roehl has joined Lippes Mathias as a Partner located in Buffalo, NY. She is a member of the firm’s Litigation Practice Team, where she focuses on business and commercial litigation, medical malpractice litigation defense, nursing home negligence defense, personal injury, premises liability, products liability, and professional license defense. Meghann has been a DRI member since 2015.

Anne M. Voigts has joined Pillsbury Winthrop Shaw Pittman as a Partner located in Palo Alto, CA. She leads Pillsbury’s U.S. Appellate practice and has argued more than 70 cases in both federal and state appellate courts. Anne has been a DRI member since 2020.

2024 Insurance Coverage and Practice Symposium
December 4–6 | New York City, New York

Join us at DRI’s Insurance Coverage and Practice Symposium, the premier event for insurance executives, claims professionals, and outside counsel specializing in insurance coverage. This year’s symposium promises unparalleled engagement with top insurance industry leaders and coverage lawyers, focusing on emerging and cutting-edge issues. Don’t miss out on exceptional networking events and the chance to build valuable relationships with like-minded professionals. Register online through December 3 and save up to $500!

2024 Professional Liability Seminar
December 4–6 | New York City, New York

Professional practice standards are changing daily. From Artificial Intelligence to Zoom meetings, trials and everything in between, keeping up competencies can seem overwhelming. Join us for practical tips, refreshers on skills, thought provoking views from experts, and opportunities to network with professional colleagues. Register online through December 3 and save up to $500!

2025 Product Liability Conference
February 19–21 | Miami, Florida

Product liability is an ever-changing world. How can we continue to be good litigators, and at the same time keep our own heads and wits about us? Immerse yourself in the dynamic world of product liability in sunny Miami, where you’ll engage with judges, industry leaders, and top lawyers from across the nation. Uncover strategies to stay composed under pressure, master the use of digital evidence and litigation technology, and effectively incorporate visuals in trials. Plus, find opportunities to explore the psychology behind successful mediations, understand and address social inflation, and keep up with the latest regulatory changes. Don’t miss DRI’s great opportunity to expand your network and enhance your expertise. Register online through January 6, 2025 and save up to $700!

2025 Civil Rights and Governmental Tort Liability Seminar
February 26–28 | San Antonio, Texas

This seminar marks the 38^th of its kind, providing you with invaluable information and tools to represent your governmental clients. This year’s faculty includes preeminent insurance professionals, a renowned Supreme Court advocate, a well-respected Plaintiff’s attorney, a qualified immunity scholar, and prison experts from across the United States. Attendees will experience an assortment of topics, including handling prison medical claims, cannabis use and employment issues for public entities, Title IX updates, dealing with pro se litigants, how to handle 30(b)(6) depositions in the context of wrongful conviction cases, and considerably more to support a client’s success! Throughout the program you will have an abundance of opportunities to network, exchange ideas, and gain winning strategies from experienced litigators and insurance professionals. We look forward to you joining DRI in San Antonio, Texas for our annual, premier Civil Rights and Governmental Tort Liability Seminar. Register online through January 13, 2025 and save up to $700!

2025 Women in the Law Seminar
February 26–28 | San Antonio, Texas

As women in the legal field, we have spent an inordinate amount of time and energy trying to fit into a profession that was not historically built for us. What if, instead, we focused our time and energy on the things we value and that make us valuable to our profession? DRI’s Women in the Law Seminar hopes to achieve just that with programming and networking events focused on issues and topics meant to explore women’s unique strengths and challenges, celebrating all of our victories and defeats, and leaning into our true selves to ultimately find the joy and strength in our authenticity instead of trying to fit the outdated mold originally created by and for men. Register online through January 13, 2025 and save up to $700!

PFAS in Products: Applicability and Limitations of Emerging Testing Standards
Sponsored by RJ Lee Group
November 13 | 11:00 a.m. CST

This session will cover PFAS testing in depth. Speakers will explore the meaning of a consensus standard, and the development of that standard for PFAS in products. Emphasis will be placed on the legal practitioner’s understanding of how to evaluate a PFAS test result based on the method chosen. Speakers will explain the critical differences between the presence of PFAS in a product, the availability of that PFAS to be released, and the probability that the PFAS will break down or degrade. This webinar is free for DRI members and non-members.

A Young Lawyer's Guide to Arbitration
November 20 | 11:00 a.m. CST

This program will provide attendees with the prior case materials, along with select rules from CPR, AAA and other arbitration processes. The program will provide a discussion on what makes arbitration different from trial, and how young lawyers in particular can have an expanded role in Arbitration (per the rules, themselves). After the lecture, attendees will have the opportunity to discuss what it’s like taking an arbitration from start to finish and ask questions of fellow young lawyers who have done so. The registration is $75 for DRI members and $100 for non-members.

Ethics and Risk Management in Generative AI and Cyber
Sponsored by LawyerGuard
November 21 | 11:00 a.m. CST

For better or worse, technology continues to evolve. We'll address the risks and obligations of both. Generative AI offers tremendous upside, but with it comes risk, both financial and ethical. Cyber fraud and social engineering continue to plague lawyers; the introduction of generative AI will make it worse, not better. We'll review the latest claims trends and defenses. This webinar is free for DRI members and non-members.