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(Note: You can click on people's pictures below to read their biographies)
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Plenary 1: Hidden Danger: Discovery of Latent Defects in Occupied Buildings and Potential Catastrophic Failures
 Jim Farrell, CPA
FTI Forensic and Litigation Consulting
Chicago, IL
james.farrell@fticonsulting.com
312-252-9370
Article in HTML / PDF / Word
 Deborah Bovarnick Mastin
Miami-Dade County Attorney's Office
Miami, FL
dmastin@miami-airport.com
305-876-7040
Article in HTML / PDF / Word
 Steven M. Siegfried
Siegfried Rivera Lerner De La Torre & Sobel, P.A.
Coral Gables, FL
ssiegfried@siegfriedlaw.com
305-442-3334
Article in HTML / PDF / Word
Final Slide Presentation on the Web
The public project is completed and the airport is in use. The condominium units are sold, the hotel is occupied, and the apartments are rented. Your client calls in a panic because latent but serious defects in the structure, roof, curtain wall etc. have been discovered. What response is required from the perspective of the owner, tenant, association, designer, general contractor, subcontractor and surety? What defense strategies are applicable? To whom do you turn to for help? How is the remediation handled without maximum disruption or economic loss? The program will discuss both public and private projects.
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Plenary 2: Counterattack: Utilizing and Responding to TROs and Other Litigation "Fasttrack" Processes
 Eileen M. Diepenbrock
Diepenbrock Harrison
Sacramento, CA
emd@diepenbrock.com
916-492-5000
Article in HTML / PDF / Word
 Joel B. Rosen
Montgomery McCracken
Cherry Hill, NJ
jrosen@mmwr.com
856-488-7785
Article in HTML / PDF / Word
 Aaron P. Silberman
Rogers Joseph O¼Donnell
San Francisco, CA
asilberman@rjo.com
415-956-2828
 John M. Tedder
Duane Morris, LLP
Pittsburg, PA
jmtedder@duanemorris.com
412-497-1051
Final Slide Presentation on the Web
Through demonstrative presentations, this session will explore strategies for utilizing and responding to temporary injunctive relief and restraints, and will examine fast-track discovery schedules, e-discovery requirements and other proceedings to protect against site, document and e-document spoliation, maintain the status quo or get relief from an injunction, and provide for expedited discovery and hearings when time is of the essence. Case studies will be taken from contract award challenges and other common construction scenarios.
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Workshop A: Dealing with Strikes and Other Labor Unrest
 Michael F. Delaney
Spencer Fane Britt & Brown, LLP
Kansas City, MO
mdelaney@spencerfane.com
816-292-8177
 Henry W. Sledz, Jr.
Schiff Hardin, LLP
Chicago, IL
hsledz@schiffhardin.com
312-258-5525
Article in HTML / PDF / Word
Final Slide Presentation on the Web
A labor strike or boycott, such as when dockworkers refuse to unload steel from a ship, can cause serious damage to a project schedule and budget. What advice can you offer to an owner or contractor who is responding to such a labor issue? How do contract rights and labor statutes and regulations interrelate in resolving the crisis? Who foots the bill?
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Workshop B: Speaking A New Language: Recognizing and Defending Against Foreign Corrupt Practices Act Violations in International Construction Projects
 Peter O. Evenson
Tuggle Duggins
Greensboro, NC
pevenson@tuggleduggins.com
336-271-5231
 Don Zarin
Holland & Knight
Washington, DC
don.zarin@hklaw.com
202-457-5922
Article in HTML / PDF / Word
Final Slide Presentation on the Web
An American company contracts with a foreign governmental entity to build a project in a foreign country. The company's general counsel discovers that the company's agent is alleged to have made a payment to a senior foreign official to secure the contract; or alternatively, the general counsel learns of the alleged payment only after a Department of Justice or Securities and Exchange Commission Investigation ensues. You get a call from the general counsel seeking advice and assistance. What are the actions/steps/strategies for you and your client faced with the prospect of a Foreign Corrupt Practices Act violation?
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Plenary 3: Responding to a Catastrophic Accident ‚ What You Need to Know About an OSHA Investigation
 Aaron A. Dean
Fabyanske Westra Hart & Thomson
Minneapolis, MN
ADEAN@FWHITLAW.COM
612-359-7608
 David E. Jones
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Atlanta, GA
david.jones@ogletreedeakins.com
404-881-1300
 Stephen C. Yohay
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Washington, DC
stephen.yohay@ogletreedeakins.com
202-887-0855
Article in HTML / PDF / Word / Bureau of National Affairs - OSHA Article (PDF)
Final Slide Presentation on the Web
Just before a long weekend, your client calls in a panic when a major jobsite accident has caused employees life-threatening or fatal injuries. OSHA Compliance Officers are descending on the scene, as are other investigators. What do you do? This session will focus on the immediate response to such events and on dealing with an OSHA investigation of a major construction accident.
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Plenary 4: Media Do's, Don'ts and Dangers: When Ethics, Strategies and Survival Appear to Be on a Collision Course
 Laurie L. Levenson
Loyola Law School
Los Angeles, CA
laurie.levenson@lls.edu
213-736-1149
 Carol J. Patterson
Zetlin & De Chiara
New York City, NY
cpatterson@zdlaw.com
212-682-6800
Article in HTML / PDF / Word
 Peter Shaplen
Peter Shaplen Productions
Larkspur, CA
peter@shaplen.com
415-924-2137
Final Slide Presentation on the Web
As seen with the Minneapolis bridge collapse and countless other national, state and local stories, the construction industry is not immune to today's heightened media scrutiny. How do you respond to a reporter calling about one of your best clients who suddenly finds itself newsworthy? Who decides what is and what isn't news? What you must know about the media, in addition to the law, to navigate the shoals of public scrutiny in the pursuit of justice. This session will explore the impact of the ethical canons and rules, including the Model Rules, and specific management techniques for why, when and how to speak with the media.
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Plenary 5: That's Mine! Termination Impact on Rights to Design, Special Equipment, Subcontracts and Materials
 Sean R. Calvert
Calvert Menicucci
Alberquerque, NM
scalvert@hardhatlaw.net
505-247-9100
Article in HTML / PDF / Word / Termination Checklist (Excel)
 Ben Patrick
Watt Teider Hoffar & Fitzgerald, LLP
San Francisco, CA
BPatrick@WTHF.com
415-623-7007
Article in HTML / PDF / Word
 Charles F. Seemann, Jr.
Deutsch, Kerrigan & Stiles, LLP
New Orleans, LA
cseemann@dkslaw.com
504-593-0608
Final Slide Presentation on the Web
A notice of termination is fraught with consequences for the person who serves it, and it can be a body blow to the owner, architect, or contractor who receives it. This session explores termination-related rights and remedies existing at law and under form contracts to continued utilization of design documents and special equipment, assignment of subcontracts and ownership of uninstalled project materials, and provides practical guidance for successfully navigating the termination and post-termination processes to minimize delays, disruptions and claims.
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Workshop C: Calls on Letters of Credit: What Do We Do Now?
 Jonathan J. Dunn
Sedgewick Detert, Moran & Arnold, LLP
Irvine, CA
Jonathan.dunn@sdma.com
949-852-8200
 Jocelyn Knoll
Dorsey & Whitney, LLP
Minneapolis, MN
Knoll.jocelyn@dorsey.com
612-492-6622
Article in HTML / PDF / Word
Final Slide Presentation on the Web
What are your options when a bank calls your contractor client to say that a draw has been presented on a letter of credit that the contractor gave the project owner, and that the bank intends to honor it? What happens when your client calls and says the letter of credit he received in lieu of a bond expires at 5:00 pm that same day? As the bond market has hardened, letters of credit are becoming more popular as substitutes for bonds. Letters of credit, with strict limitations as to their draw requirements, and their ability to cause economic harm in a much more rapid way than a surety's investigatory process, may create crisis issues for both those seeking to draw on such security and those seeking to prevent or impede such draws.
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Workshop D: Debate, Mitigate or Wait: Addressing Unexpected Environmental Issues or Archaeological Features on the Construction Site
 Rhonda Caviedes
Bradley Arrant Rosse & White, LLP
Birmingham, Alabama
randreen@bradleyarant.com
205-521-8000
Article in HTML / PDF / Word
 Gregory W. Kugle
Damon Key Leong Kupchak Hastert
Honolulu, HI
gwk@hawaiilawyer.com
808-531-8031
Article in HTML / PDF / Word
Final Slide Presentation on the Web
Your owner or contractor client encounters unanticipated environmental or archaeological features on a project site. The contract lacks clear remediation or abatement requirements. The owner wants the contractor to mitigate the environmental problem and keep working, but the contractor is not a remediation contractor and is not qualified to address environmental issues. Conversely, the owner or contractor wants to ignore the burial site or archaeological feature and keep working. What are your client's statutory rights and potential liabilities? What contractual rights and remedies are your client likely to have? Are contractual ADR techniques helpful for a quick, fair resolution? How are the relevant interests addressed to the parties' mutual satisfaction?
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Plenary 6: Hazards, Issues, and Options Related to ICE Investigations and Immigration Compliance
 Julie A. Pace
Ballard Spahr Andrews Ingersoll
Phoenix, AZ
pacej@ballardspahr.com
602-798-5475
 J. Brad Scarborough
Kirksey & McNamee, PLC
Brentwood, TN
bscarbrough@kirkmc.com
615-373-9990
 Eileen M.G. Scofield
Alston & Bird
Atlanta, GA
Eileen.scofield@alston.com
404-881-7375
Article in HTML / PDF / Word
Final Slide Presentation on the Web
The interplay between construction and rapidly changing immigration law can create crisis for clients. This session addresses situations such as when a client calls in a panic about a raid from Immigration and Custom Enforcement (ICE) at its job site or when ICE is on-site and demanding to see documentation on employees and contract workers. Alternatively, with a severe labor shortage in play, you rely on the entry of 300 trained foreign workers who are stopped and denied entry. This session addresses responding to employment verification and immigration law challenges presented to owners and contractors, including the essential steps that contractors must take to protect themselves from serious and costly violations in responding to such inquiries and investigations.
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Plenary 7: Bid Errors: How Do You Spell Relief?
 Joseph C. Kovars
Ober/Kaler
Baltimore, MD
jckovars@ober.com
410-347-7343
 James F. Nagle
Oles Morrison Rinker & Baker, LLP
Seattle, WA
nagle@oles.com
206-623-3427
Article in HTML / PDF / Word
Final Slide Presentation on the Web
After significant effort and under strict deadlines, your client submits a $10 million bid on a construction project. The bid is accepted, but the client thereafter discovers an error in its bid, causing the bid to have been undervalued by $1 million. The client calls you and demands that he must be allowed to withdraw his bid. What advice do you give him? Does the advice differ on public versus private projects? This session explores the topic of relief from bidding errors by general contractors and subcontractors, and the role of bid bonds in such circumstances.
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Plenary 8: Ethics: Calling for Disqualification of Opposing Counsel or Responding to a Disqualification of Counsel Motion
Christopher M. Caputo
Less Getz and Lipman
Memphis, TN
Chris.caputo@lgllaw.com
901-525-8700
Article in HTML / PDF / Word
 Frank J. Hughes
Miller Morton
San Jose, CA
fhughes@millermorton.com
408-292-1765
Article in HTML / PDF / Word
Final Slide Presentation on the Web
An opposing party has moved to disqualify you from a case pending in court. Ethically, what are your obligations, and to whom? Legally, what is your recourse in responding to such motions? What level of discovery is generally permitted by the parties involved in such an issue? This session is qualified for ethics credit.
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