Barefoot in the Bahamas

Bahamas
Barefoot in the
WINTER MEETING
February 24 – March 2, 2008
Westin Our Lucaya Resort • Grand Bahama Island
K
ick off your shoes. Get
ready to go “Barefoot in
the Bahamas.” Christie
and I are privileged to host
our FDCC family on its very
first visit to beautiful Grand
Bahama Island. The 2008
Winter Meeting will be at the
fabulous Westin Our Lucaya
Resort from February 24 to
March 2, 2008.
Welcome
Being convention chairs is an
awesome and challenging
opportunity. Not only are you
following in the footsteps of
great past convention chairs,
but you especially want
to make the convention a
special event for the FDCC.
We have worked hard to do
just that. When chairing a
convention in a glorious spot
like Grand Bahama Island,
you already have an ace in
the hole. There are, after all,
the natural attractions like
the white, sandy beaches,
clear turquoise water, great
weather, spectacular sunsets,
and on and on. We wanted
this experience to be fun,
relaxing and unforgettable for
you. Here are some things you
can expect.
One of the first things
you will notice about
this meeting is that
everything is close.
Grand Bahama Island is close
to Florida, just under one
hour away by air. The resort
is close to the airport, just ten
minutes away. The beach is
close to your room, just two
minutes away. All of the CLE
meeting and social activities
will take place on the resort
property, just steps away
from your room. Shopping
and great restaurants are on
property and across the street.
The Isle of Capri casino is
adjacent to the resort. You will
not need a car, or even heavyduty walking shoes—colorful
“Barefoot in the Bahamas” flip
flops will do just fine.
When you arrive at the
Westin Our Lucaya Resort,
you will be whisked through
the check-in process at our
dedicated registration desk
and will walk out to see the
7.5 acres of sandy beaches
and the beautiful clear waters
in front of you. You will see
the curved, infinity-edge pools
extending between your room
and the beach. You will enjoy
the warm breeze on your
face as you head to your
spacious room.
And, there is much to do.
There are the social activities.
The early week cocktail
receptions will capitalize
on the tropical location—
overlooking the beach.
The Wednesday evening
President’s Reception will
be on the spacious Great
Lawn directly between the
lobby and the beach. Chop
Beach will be the venue for
our Thursday night Theme
Party. Called “Junkanoo Jam,”
the evening will be colorful,
festive, and full of surprises.
It will immerse you into the
sounds, sights, and commerce
of Grand Bahama Island. This
will be the time to display how
you would look and act as a
true Bahamian! By the time
Saturday night rolls around,
you will be ready to get off
the beach and enjoy the
traditional Black Tie dinner.
Beyond the planned
social events, you will
have many options.
There is the Reef Golf Course,
designed by Robert Trent
Jones, Jr. and rated one of the
top three in the Caribbean,
where we will have our
golf tournament. Our tennis
tournament will be on the
resort’s four tennis court, each
with a different surface to
match what competitors face
at Wimbledon, the French
Open, the Australian Open,
and the U.S. Open. Indulge
yourself at the award-winning
spa, the spacious exercise
room, and the outdoor lap
pool. Explore the Lucaya
Marketplace across the
street from the Westin Our
Lucaya Resort, where you
will find a variety of shops
offering wares from high end
jewelry to native attire and
crafts, as well as waterfront
restaurants featuring casual
and formal cuisine.
Our planned activities,
detailed in this brochure,
will allow you to enjoy the
best that the island has to
offer. “Discover Your Own
Fragrance” at a workshop
sponsored by the Perfume
Factory of Grand Bahama.
Participate in a Bahamian
Cooking Adventure and, if
your talents are not in the
kitchen, try your luck fishing
for the “big one” in the FDCC
Fishing Tournament. We will
have our traditional FDCC
Book Club, which will include
one of the island’s best-known
authors, Marina GottliebSarles. For the first time, there
will be an FDCC Movie Club,
which will use a popular
documentary to generate
discussion on the issue of
global warming. Enjoy the
Beach extravaganza, offering
a variety of water sports. For
those who want to delve into
the depths of the clear blue
water, sign up for the “Deep
Sea Diving Adventure.” You
will be able to “Pamper
Yourself at the Senses Spa,”
and stretch yourself with
“Pilates on the Beach.” If you
are truly adventurous, arrange
to swim with the dolphins,
kayak through Lucayan
National Forest, or enjoy
a bonefishing adventure.
We will even have an
“Island Getaway Tour,”
where you can enjoy a
lunch on the beach and
an island boat tour.
Last but not least,
there is Robbie Foster’s
CLE program. We will
have the third annual Trial
Masters Program, which will
concentrate on creative case
development and feature bestselling author and attorney,
Scott Turow. Michael Tigar,
one of the country’s best trial
attorneys, will talk about
the keys to winning the big
cases. Our keynote speaker,
Richard Hoyt, will move and
inspire us with a true-life
father/son story. See the CLE
programming section of this
brochure for more details.
So, pack your sun glasses
and sun tan lotion. Come
join your FDCC friends in a
tropical paradise. Complete
your registration as soon as
possible. Be prepared to have
the time of your life walking
“Barefoot in the Bahamas.”
Tim and Christie Pratt
Convention Chairs
I
t was 1492
while “sailing
the ocean blue”
that Christopher
Columbus came
upon the island
of San Salvador
in what was
to become
the Bahamas.
Columbus claimed the entire
territory for the Spanish empire.
The area became a haven
for pirates, from the notorious
Blackbeard in the old days to
Captain Jack Sparrow (Johnny
Depp), hero of Pirates of the
Caribbean. That movie was filmed
on Grand Bahama Island.
Grand Bahama Island got its
name from the Spanish “gran
bajamar,” which means ““great
shallows” – for the many flats
and shoals in the waters off of
its coast. Grand Bahama Island
was virtually uninhabited for nearly
300 years. With the development of
Freeport/Lucaya in the 1950s, and
because of the island’s proximity to
the States, it is now one of the most
popular tourist destinations of all the
Bahamian islands.
Grand Bahama Island has
been called the “heart of
hospitality.” It is truly a unique
destination. Visitors can enjoy a
cosmopolitan vacation at a worldclass resort, discover the charm of
historical fishing villages, and marvel
at ecological treasures. It is renowned
for some of the world’s largest under­
water cave systems, three national
parks, endless beaches, emerald green
water, and enchanting marine life.
Today, the Bahamas consist of a 750
mile long chain of approximately
700 islands, extending from Florida
to Cuba. Among the most congested
areas of the Bahamas are Paradise
Island and Nassau, home of the
mega-resorts like The Atlantis. Some
tourists have had bad experiences
in that area of the Bahamas. Our
meeting, however, is in quite a
different place. In the northern fringe
of islands is one of the largest islands,
Grand Bahama Island, the site of our
meeting. Grand Bahama Island is the
closest Bahama island, located just
60 miles off the coast of Florida. The
Westin Our Lucaya Resort, like the
entirety of Grand Bahama Island, is
renowned for its service, its beauty, its
amenities and easy access to the most
inviting waters in the world.
History Of
The Islands
Hotel Reservation Hotline
F
800-687-5822
Ask for “Federation of Defense
& Corporate Counsel” Room
Block Rate
irst of all, if you have not done so, be sure you have a room. Most of our room block is
located in the ten-story Westin Breakers Cay, with both oceanfront and marina views. Other
options are the Lighthouse Pointe rooms and the Lanai Suites. Hotel check in time is 4:00 pm
and checkout is 11:00 am.
Airline Service to
Grand Bahama Island
AirTran Airways
American Airlines
Continental
Delta
United
US Airways
GETTING THERE
N
ext, plan your transportation. There are several direct
flights into Grand Bahama International Airport in
Freeport from several east coast cities—Miami, Ft.
Lauderdale, West Palm Beach, Orlando, Charlotte and
Atlanta—on American Airlines, AirTran Airways, Continental,
Delta, United and US Airways. Some may find it more
convenient to fly into Nassau, then catch one of several daily
flights into Freeport. Those who own yachts may choose to take
the two hour trip over water from Florida into Grand Bahama
Marina. Whatever you do, make some arrangements. It’s a
long swim.
DO NOT FORGET YOUR PASSPORT
A
ll U.S. citizens traveling to the Bahamas should have
a valid passport. That is the safest bet. The passport
rules are complicated at present and may change
over the next few months. If you have questions, consult
the United States State Department website. The forms you
will need to apply for or renew a passport can also be accessed
on the State Department website. There are various third party
agents that offer expedited opportunities to get passports.
Preparation
HOTEL RESERVATIONS
Conference
HOW DO I DO IT?
M
ost of you have been
through this routine many
times. If you want to save
money, complete your registration
form right now to receive the
early registration discount of
$50. Register and send full
payment to the FDCC office no
later than December 15, 2007.
Even if you do not take advan­
tage of the early registration
discount, you should have your
registration submitted no later
than January 21, 2008.
FDCC 2008 Winter Meeting
11812 North 56th Street
Tampa, Florida 33617
CANCELLATION POLICY:
We hope you will not have
to cancel or ask for a refund
Please contact the FDCC office
once you have registered for
at 813-983-0022 or e-mail our the convention. We realize,
Executive Director, Marty Streeper, however, that trial schedules
at mstreeper@thefederation.org, and last minute emergencies
if you need to make any changes may require cancellation and a
or corrections to your registration. request for a refund. Please be
advised of the board-approved
refund policies.
WHAT DO YOU GET?
1)A refund of registration fees,
Your fee includes the base
less $75 and any applicable
registration costs, the charges
credit card fees will be given
for the President’s Reception,
if written notices are received
Junkanoo Jam Theme Party,
As always, you have a
by the FDCC office no later
Dessert Party, “Seaside
choice in how to register.
than January 12, 2008.
Splendor” Black Tie Dinner,
You can do so electronically
2)No
refunds will be given
and the FDCC breakfasts from
at www.thefederation.org
if
notice
of cancellation is
between now and the January 21 Thursday through Sunday.
received
by the FDCC office
deadline. Log in as a member
after
January
12, 2008.
and click on the meeting
WHAT CREDIT CARDS CAN
3)Amounts refunded by
registration link, then on “2008
BE USED?
payments made by credit
Winter Meeting” register button.
card will include a deduction
Complete the form and click
Visa, MasterCard, and
for the amount the credit
on “process registration.” If
American Express are accepted
card company charges to the
you choose not to register elec­
for registration payments. Please
FDCC for both the charging
tronically, you can complete
note that a $50 administration
and the credit.
the registration form and
fee will be charged for credit
(1) fax to the FDCC offices at
4)In the event of “special
813-988-5837 with your credit card use.
circumstances,” such as
card payment or (2) mail with
illness, or unforeseen family
your credit card information or
or professional emergencies
check to:
and the like, this refund
policy may be suspended or
modified (based upon the
member’s written request),
only by action of the President
upon recommendation of
the Convention Chair. It
is recommended that all
registrants get trip cancellation
insurance.
5)To cancel hotel reservations,
call the hotel directly at
877-687-5822. The hotel’s
refund and cancellation
policies will control. The
Convention Chair has no
authority to modify the
hotel’s cancellation and
refund policies.
6)Charges paid to the FDCC
for separate events and/or
tours may or may not be
refunded in whole or in
part. The decision to refund
these will be made on a
case-by-case basis by the
Convention Chair. Members
seeking reimbursement
for these payments must
submit a written request to
the Convention Chair. The
decision to refund fees will
be based, in part, upon the
timing of the cancellation and
whether there are available
& General
Registration
convention funds from which
to make the refund. Please
note that refunds of any
payments to independent third
parties for tours and other
events and service are not the
responsibility of the FDCC.
Requests for refunds must be
made directly to those entities.
Dress
The dress throughout the week
will be resort/business casual.
For the Wednesday night
“Moonlight Over Bahamas”
President’s Reception, the
suggested attire will be
sportcoat, and no ties for the
gentlemen, and resort casual
for the ladies. Our “Seaside
Weather
Splendor” Black Tie Dinner
on Saturday night will feature
The late February and early
traditional black tie attire,
March time frame falls into what adapted in the discretion of the
is called the “high season.” That wearer to the tropical paradise
is a popular time because of
where we will be.
warm temperatures. Actually, the
average temperatures on Grand
Children and Youth
Bahama Island will only vary
about 12°F throughout the year. Activities
During the time of our meeting,
the historical high temperatures The Westin Our Lucaya features
approach 80°F, and lows, in the Camp Lucaya for our younger
upper 60’s. However, it may be guests aged 3-12. Camp Lucaya
prudent to pack a light sweater has a children’s center complete
with a supervised pool, play­
or jacket with your sunglasses,
ground, and indoor activity
sun tan lotion, and surf board.
area. It also has programs
teaching children about Grand
Bahama Island--from painting
conch shells and singing
traditional Bahamian songs
to learning about the early
inhabitants of the island. The
children will love the sand
playground and 35-foot-
diameter wading pool. Make
your reservations for daytime
camp activities directly by
calling 242-373-1333. On
Wednesday and Saturday
evenings, special events will
be planned just for our FDCC
children and youth. Dinner
will be included. Please register
on the registration form for
these programs.
Ground Transportation
There are several ground
transportation options upon your
arrival at Grand Bahama Island.
The FDCC has made arrangement
with Forbes Transportation for
discounted round-trip trans­
portation from the airport to the
Westin Our Lucaya Resort. Simply
make a reservation at the Forbes
website, www.forbescharter.com,
and click the reservation link.
Be sure to indicate that you
are making a reservation as
an FDCC member to obtain
the appropriate discount. If you
have questions, you can call
Forbes directly at 242-353-9313.
There are also taxis that will
take you from the airport to the
resort. Finally, there are several
rental car agencies on Grand
Bahama Island. Among the
rental car agencies are Hertz—
242-352-9257—and Avis—
242-352-7666. Please keep in
mind that the Bahamas follow
the English rule of driving on the
left side of the road.
Cell Phones/Blackberries/
Internet Access
Cell phone service in the
Bahamas depends on your
phone provider. Check with
your provider to ensure that your
cell phone can be activated
for international service. There
are various businesses offering
cell phone rental services in the
Bahamas as well. Blackberry
service is also providerdependent. Check with your law
firm or service provider to ensure
that you will not miss any e-mails
while enjoying the Bahamas.
We will have free wireless
internet access in meeting rooms
located in the conference center.
Internet access is available in
individual resort rooms for a
price. However, if you become
a Starwood Preferred Guest
member, you will be provided
internet access in your room at
no charge. You can become a
Starwood Preferred Guest at
www.spg.com.
Information
Activities
Sunday—February 24, 2008
FDCC Registration
2:00 pm – 5:00 pm
“Welcome to Paradise”
Cocktail Reception
5:30 pm – 6:30 pm
Come join your early-arriving
friends for drinks and hors
d’oeuvres on the Lanai Lawn near
the sandy beaches of the resort.
Monday—February 25, 2008
FDCC Registration
1:00 pm – 5:00 pm
“Sand On Your Feet” Cocktail
Reception
5:30 pm – 6:30 pm
Watch the sun set over the expansive
Chop Beach as you share stories with
fellow members. Bring your sunglasses.
Shoes are optional.
Tuesday—February 26, 2008
FDCC Registration
10:00 am – 5:00 pm
Spouses’ Morning Hospitality
10:00 am – 11:00 am
This special gathering of spouses and
friends will take place in the beautiful
suite of Wayne and Donna Mason. Enjoy
Caribbean coffee and great conversation
as you plan for the week ahead.
“From Here To
Infinity” Cocktail
Reception
5:30 pm – 6:30 pm
Enjoy the view over the
infinity-edge Crescent
Pool overlooking the white
sandy beaches of the
Westin Our Lucaya Resort.
International Dinner
7:00 pm – 10:00 pm
Everyone is invited to join our international
members in a glorious night filled with
camaraderie and fun. Pre-reservations are
required for this event. Please check your
registration form for the cost and to note if
you will attend.
Wednesday—February 27, 2008
FDCC Registration
7:30 am – 3:00 pm
Stretch Yourself—Pilates on
the Beach
7:30 am – 8:30 am
An experienced Pilates instructor from
Senses Spa will start the day right with
exercises that align the mind and the
body. Never done Pilates? No problem,
come along and learn the many benefits
from this increasingly popular regimen.
2008 Trial Masters Program
9:00 am – 12:15 pm
see CLE section of this brochure for details
Spouses’ Morning Hospitality–
“Discovering Your Own
Fragrance” Workshop
10:00 am – 11:30 am
Experts from the acclaimed Perfume
Factory of Grand Bahama will give a
short course on “mixology” and you will
be able to apply these techniques to your
own individually scented lotion. Also
available for purchase will be the new
and unique perfume, specially made for
us, called “Barefoot in the Bahamas.”
Bahamian Cooking Adventure
1:30 pm – 3:00 pm
Have you wondered how accomplished
chefs put it all together? Ever wanted to
go back to the kitchen and just watch?
Here is your chance. An experienced
chef will guide you through the steps of
preparing traditional Bahamian food.
Members of the audience will be asked
to participate in the preparation, and
everyone will be able to enjoy samples
of the tasty delights of their collective
culinary efforts.
FDCC Fishing Tournament
1:30 pm – 5:00 pm
The largest Wahoo ever caught in the
Bahamas was 184 pounds. That record
is no doubt in jeopardy in this always
popular, fiercely competitive FDCC fishing
tournament. The afternoon will
feature a
trip out to the deep waters off the coast of
Grand Bahama Island under the watchful
auspices of experienced fishing experts.
Fun for the experienced, but also those
who just want to see what all the hoopla
is about. And, you might win the coveted
first prize.
Week
for the
Children and Youth Dinner
and Activities
6:30 pm – 10:00 pm
New Members’ Reception
and Orientation
5:00 pm – 6:45 pm
President’s
Reception—
“Moonlight Over
Bahamas”
7:00 pm – 10:00 pm
Come join President
Wayne Mason and
Donna as they welcome the FDCC family
under the stars on the breath-taking Great
Lawn. Enjoy the cuisine, the setting, the
quiet music, and the fellowship with friends.
Thursday—February 28, 2008
FDCC Breakfast Buffet
7:00 am – 10:00 am
Stretch Yourself—Pilates on
the Beach
7:00 am – 8:00 am
If you are not too sore or sleepy, here
is an opportunity yet again to enjoy the
early morning Pilates exercises on the
beach. It is a great way to start your
day—and you can spend the rest of the
day bragging to everyone else how much
energy you have.
Women Members’ Breakfast
7:00 am – 8:00 am
Come share lively discussions with fellow
women FDCC members in our traditional
breakfast.
FDCC Registration
7:30 am – 1:00 pm
Section CLE Programming
8:00 am – 9:30 am
see CLE section of this brochure for details
FDCC Book Club
9:30 am – 11:00 pm
Our special guest will be Marina
Gottlieb-Sarles, one of the bestknown residents and authors
on Grand Bahama Island, who
will discuss her book “Sand in
My Shoes.” This wonderful book,
available at www.amazon.com and other
outlets, tells stories about growing up in
the region. Marina will give you a great
sense of the area, the culture, and the
people of what we refer to simply as “The
Bahamas.”
“Deep Sea Diving Adventure”
1:30 pm – 4:30 pm
Come be a part of the unofficial “FDCC
Diving Club,” headed by our very own
scuba guru, David Bell. Grand Bahama
Island has some of the most beautiful
diving areas in the world.
Plenary CLE Program
10:00 am – 12:30 pm
see CLE section of this brochure for details
Mixed Doubles Tennis Tournament
12:45 pm – 4:30 pm
How would it feel to play on the grass
courts at Wimbledon or the clay courts at
the French Open? How do these surfaces
compare to those at the U.S. Open
and the Australian Open? This is the
meeting to bring your tennis racket and
maybe, knock a little rust off your game.
The tennis courts at our resort have the
different surfaces for the four major tennis
championships. Come try the various
surfaces and, perhaps, you will win the
big prize at center court. You may never
get this opportunity again. Lunch will be
served before the tournament.
“Beach Extravaganza”
1:30 pm – 3:30 pm
You may have seen others try it, and now
it is your chance. Come snorkel, ride a
jet ski or hobie cat, jump on the water
trampoline, and ride on the banana boat.
Bring your sunscreen, an adventurous
spirit, and a sense of humor. You might just
see something that will make you laugh.
Arrangements for the watersports can be
made directly with Ocean Motion Water­
sports (www.oceanmotionbahamas.com)
located on the resort property.
We have
arranged for you to enjoy some
of the best diving in the Bahamas. Not
certified? Come early and get your
certification. To be a part of this fun and
excitement, contact David directly at
david.bell@bellazlaw.com.
FDCC Bridge Tournament
3:30 pm – 5:00 pm
Fasten your seatbelts. This madcap
tournament features some of the most
competitive people in our Federation.
You can cut the tension with a knife as
provocative bridge terms are thrown
around with impunity. Seriously, this
tournament is for both beginner and
experienced bridge players. So, sign
up and be a part of the fun.
FDCC Registration
9:00 am – 12:00 pm
Plenary CLE Programming
10:00 am – 12:00 pm
see CLE section of this brochure for
details
“Junkanoo Jam” Theme Party
6:30 pm – 10:30 pm
Chop Beach, in front of our resort, will
be transformed into a colorful, festive,
cultural, social celebration. Junkanoo is
a traditional Bahamian holiday and has
long-standing roots. You will be immersed
in the sounds, sights, and commerce
of what is the most celebrated social
event in the Bahamas. The costumes,
as you will see, are outrageous and
brilliant. For those who cannot resist the
temptation to “dress up” for the event,
do some research (see www.Junkanoo.
com for example), use your imagination,
and come adorned with something
appropriate for a Junkanoo Jam or simply
for a Caribbean beach experience.
Wear what you want, but you must wear
something! Oh, and practice your limbo
and fire dancing moves—they may be
called into play.
Friday—February 29, 2008
FDCC Buffet Breakfast
7:00 am – 10:00 am
Stretch Yourself—Pilates on
the Beach
7:00 am – 8:00 am
This is your last opportunity to stretch,
twist, and generally enjoy the whole
mind-body experience that Pilates has to
offer—all under the watchful eye of an
experienced Pilates instructor from Senses
Spa.
Section CLE Programming
8:00 am – 9:30 am
see CLE section of this brochure for details
10
“Pamper Yourself At The Spa”
10:30 am – 12:00 pm
You have enjoyed the beach, the
social events, and all that this
fabulous property has to offer,
except maybe one—the luxurious
and relaxing amenities at the
Senses Spa. Set aside time for
both the spa and the beach to be
indulged. This is the time to focus
on the most important person in your life
— you. Make your appointment at Senses
Spa by calling 242-350-5281.
FDCC Movie Club
10:30 am – 12:00 pm
Is humanity at risk for global warming?
Where is the truth. Though the
springboard for discussion will be
the award winning documentary “An
Inconvenient Truth,” there will be an
opportunity for a presentation of data
on both sides of the issue. Those who
sign up will be provided a DVD of “An
Inconvenient Truth,” as well as other
materials that bear on the issue. Come
prepared to enjoy the friendly and
balanced discussions.
FDCC Golf Tournament
12:30 pm – 6:30 pm
Love chasing a little white ball in a
tropical paradise? Who could pass that
up? Our golf tournament will be at the
Reef golf course, designed by Robert Trent
Jones, Jr., and will pose a challenging
threat to the mental well-being of our
golfers. Yet, there are awards to be won
and the golfing competitive spirit knows
no bounds. Lunch will be served at the
course.
“Pick an Excursion’ Afternoon”
1:30 pm – 4:30 pm
By now, the sun tan is dark, books have
been read, much has been learned,
and the golfers are away. This is the
time to pick your own excursion—simply
choose one of the following, contact the
operator of the excursion, and make your
reservations.
•“Swim with the Dolphins”—yes,
real dolphins and you can enjoy a
close encounter with them. The operator
of this excursion is Unexco Grand
Bahama (www.unexco.com) located
just across the street from the Westin
resort. Go to the website or contact
them at 242-373-1244 to explore the
various dolphin options and pick the
one best for you.
•“Nature Safari and Kayak
Adventure”­—enjoy the flora, fauna,
and other aspects of the Lucayan
National Forest while comfortably
kayaking through the mangroves. The
operator of this excursion is Grand
Bahama Nature Tours. Go to their web­
site (www.grandbahamanaturetours.com)
or contact them at 866-440-4542 for
the various tours.
•“Bonefishing Bonanza”—off the
coast of Grand Bahama Island is
some of the best bonefishing in the
world. This challenging sport is done
in small groups, so space is limited.
You will depart from the Port Lucaya
Marina, loaded with equipment
and hope for catching the big one.
Contact our fishing guru, Mike Lucey,
at mlucey@gordonrees.com or
415-986-5900.
High Tea on the Island
3:00 pm – 4:00 pm
Come enjoy a traditional elegant English
experience—high tea in the afternoon—
with your FDCC friends. Clare Croly will
be our gracious hostess.
You will be given an
opportunity to sample
different teas, enjoy tasty
finger foods, learn how to
hold a cup with a thumb
and finger, and find out
what the Brits gossip
about at such events.
for everyone—you will
enjoy the early morning
ambiance of the island.
It is, after all, an early
morning social event. Come
and enjoy the fellowship.
“Sweets
on the Beach”
Dessert Party
9:30 pm – 11:30 pm
After you enjoy a great dinner experience
with your friends, come join us for a sugar
fix that will carry us into tomorrow. And,
do not forget about the sing-along as we
dust off the song books and our vocal
cords to let others know why we have
never recorded a No. 1 hit.
Saturday—March 1, 2008
FDCC Breakfast Buffet
7:00 am – 10:00 am
Fun Run/Walk
7:00 am – 8:00 am
After a week of social events and an
evening of endless desserts, there is
only one thing to do—get up early and
burn some calories in our traditional
Fun Run/Walk. This “competition” is
Section CLE
Programming
8:00 am – 9:30 am
see CLE section of this
brochure for details
Business Meeting
9:30 am – 11:00 am
Keynote Speaker
Richard Hoyt
11:00 am – 12:00 pm
“Island Getaway Tour”
12:30 pm – 4:30 pm
Traveling by boat with an experienced
guide, you will be given a tour of the
island, seeing it like you have never seen
it before. Learn about the history of the
island, see the homes on “Millionaires
Row,” and enjoy the other sights with your
Federation friends. You will enjoy lunch
on the beach before heading to Peterson
Cay, a private island just off the coast of
Grand Bahama Island. Snorkel and swim
if you wish, or just relax on the boat.
Given boat capacity, this excursion is
limited to 60 participants.
Children and Youth Dinner and
Activities
7:00 pm – 11:00 pm
Cocktail Reception
7:00 pm – 8:00 pm
“Seaside Splendor” Black Tie
Dinner and Dance
8:00 pm – 11:30 pm
This is a chance to kick the sand off your
feet and dress up for our traditional Black
Tie Dinner and Dance. Come celebrate
the colors of the sea as you add your own
sartorial splash to your formal wear. You
will be entertained by one of the bestknown, talented and energetic performers
“on the Islands, mon”—Anwar Rolle.
Sunday—March 2, 2008
FDCC Breakfast Buffet
7:00 am – 10:00 am
11
T
here are wonderful choices of restaurants at or near the Westin Our Lucaya Resort. Many
have been sampled by your “Convention Food Critics” (“CFC”) during site visits. The CFC
critiques are built into the following descriptions. All of the following restaurants are within
easy walking distance of your room.
Restaurants
The Ferry House
Restaurant
(www.ferryhousebahamas.com)
(242-373-1595)
Excellent, upscale restaurant
with choice of seafood and
meat options. Rated top of the
line by your CFC. Situated
on the water, the restaurant
features a Martini Bar, great
food, and delicious desserts.
Luciano’s Restaurant
(www.thebahamasguide.com/
lucianos/default.htm)
(242-373-9100)
Located on the second
floor directly overlooking
the marina in Port Lucaya
Marketplace. Luciano’s offers
European and Bahamian
cuisine as part of a fine dining
experience. Your CFC loved
the lobster bisque, great
seafood, and tasty steak.
Wonderful wine list as well.
Churchill’s
(242-373-1333)
This restaurant, at the Westin
Our Lucaya Resort, has been
called “one or the island’s
most elegant restaurants” by
Frommers. Enjoy drinks in
the wood-paneled bar, then
pick an entrée of steak or
local seafood (prices range
from $25 to $50). Well worth
it, according to your CFC.
Great ambiance. The best
chophouse on the island.
La Dolce Vita
(242-373-8652)
Located at the marina at
Port Lucaya Marketplace,
La Dolce Vita offers a wide
variety of upscale, authentic
Italian selections. Your CFC
particularly enjoyed the
seafood risotto and lobster
ravioli. Outside seating is
available. Acclaimed by
professional critics, and even
amateur critics like the CFC.
China Beach
(242-373-1333)
You will first be overwhelmed
by the magnificent views from
this beachfront restaurant at
the Westin Our Lucaya Resort.
You will then be equally
impressed with the Asian
12
fusion cuisine. Many of the
entrees (both venturesome and
tasty) incorporate traditional
Pacific Rim features. Your CFC
loved it, and when the menu
says “spicy hot,” it means it.
Iries
(242-373-1333)
An excellent colonial-style
restaurant showcasing the
sights, sounds, and tastes of
the Caribbean. Located on
resort property, your CFC
gives this restaurant high
marks for good food and
ambience. Try the different
entrees incorporating fresh
Bahamian lobster.
Prop Club Sports Bar
This traditional sports bar is
located adjacent to the Westin
Our Lucaya Resort. Casual
dining, with excellent conch
chowder and conch fritters.
Your CFC found the cheese­
burgers juicy, the salads huge
and delicious, and the
Bahama Mamas as good as
they get. All while you watch
your favorite sports team.
Sabor Restaurant and Bar
(www.sabor-bahamas.com)
(242-373-5588)
This of one of the newest and
hottest restaurants in the area.
Located across the street from
our resort, it was opened
by one of the island’s more
acclaimed chefs. Your CFC
enjoyed lunch at this outdoor
restaurant with local author,
Marina Gottleib-Sarles. It
is very casual, overlooking
the water and the yachts.
According to its website, the
restaurant is known for its
“innovative fusion menu and
Latin beat.” Your CFC was
very impressed.
“Le Med” Mediterranean
Restaurant
(242-374-2804)
A sister restaurant to Luciano’s,
this casual restaurant specializes
in Mediterranean cuisine,
overlooks the marina at Port
Lucaya Market­place and is
a great place for lunch or
dinner. Seating available both
inside and outside. Your CFC
enjoyed relaxing lunches
here, which featured tapas,
salads, sand­wiches, and a
shared dessert.
Billy Joe’s Conch Shack
(no phone)
There is nothing more authentic
than this place. It is a shack
and has no phone. You sit on
picnic tables on the edge of
the beach. The conch is fresh
and usually fried. Your CFC
loved our lunch at this place.
From our resort, just walk to
the beach, turn right and walk
for three minutes. Billy Joe’s
Conch Shack is right there at
the end of the beach.
Willy Broadleaf’s
Yes, this is a funny name
for an excellent casual
restaurant on the property at
Westin Our Lucaya Resort.
Open for breakfast and
dinner, Willy Broadleaf’s
specializes in international
cuisine. This is the site of our
FDCC breakfast—endless
buffets with virtually unlimited
breakfast options. Do not miss
the “Donna Mason Culinary
Discovery of the Year”—the
coconut French toast. WOW!!
Zorba’s
(242-373-6137)
To be honest, no member of
your CFC is a big Greek food
fan. So, we did not go here.
But the “locals” emphasized
that this restaurant serves
excellent, authentic Greek
cuisine and good ouzo.
Located in the Port Lucaya
Marketplace.
Shenanigan’s Irish Pub
(242-373-4734)
See review for Zorba’s, but
substitute “Irish” for “Greek,”
and “beer” for “ouzo.”
Havana Cay Cigar Bar
A quaint little bar just off
the lobby at the Westin Our
Lucaya Resort. There is no
food there, but it features fine
wine, fine cigars, and a fine
bar. So, a great place to talk
about food, or anything else.
B
Things to Do
eyond the activities planned for you
at this meeting, you will have the
time and flexibility to pursue your
own interests. Listed below are just a few
activities you might consider in planning
for your trip.
Biking Tours
Travel to Barbary Beach and bike to
Lucayan National Park (12 miles) to explore
nature, caves and all that the island has to
offer. Contact Grand Bahama Nature Tours–
www.Grandbahamanaturetours.com
(242-373-2485)
Boat Cruises
Get a panoramic view of the underwater
life on a glass-bottom boat named Ocean
Wonder, enjoy the sights from a 48’
catamaran sailboat, or enjoy an enchanting
dinner on an evening cruise. Contact Reef
Tours-–www.bahamasvacationguide.com/
reeftours (242-373-5880)
Enjoy the sights from a 72‘ catamaran named
Bahama Mama or within a quasi-sub called
the Seawold Explorer. Contact Superior
Watersports-–www.superiorwatersports.com
(242-373-7863)
Grand Bahama ecosystems.
Tours can be arranged through Grand
Bahama Nature Tours–www.ghntours.com
(242-373-2485)
Watersports
Fishing
Grand Bahama Island offers some of the
greatest fishing opportunities in the world.
Off the coasts of the island are barracuda,
snapper, grouper, yellowtail, wahoo,
kingfish, and others. Whether you are
experienced or just wanting to learn what
everyone else is talking about, make
arrangements to try your luck in the deep
sea waters. Charter a boat, and the bait
and tackle are included. Contact Reef Tours–
www.bahamasvacationguide.com/
reeftours (242-373-5880)
Rand Nature Center
100 acre sanctuary full of nature trails to
enjoy native flora, study “bush medicine”
and learn about birds and other wildlife.
Also, there are native animal displays,
an education center, and a gift shop.
(242-352-5438)
Just minutes from your room is one of the
largest watersport operations on the
island. Among the many activities you can
enjoy are parasailing, a wave-runner
tour, hobiecat sailing, a two-hour banana
boat tour, wind surfing, kayaking,
jumping on the water trampoline, and
snorkeling. Contact Ocean Motion Water­
sports–www.oceanmotionbahamas.com
(242-374-2425)
Horseback Tours
Enjoy the sights, and the water, on a tour
of six distinct ecological zones of Grand
Bahama. These horses, some of which
have appeared in music videos and
films, will take you on a leisurely,
enjoyable and quite different view of the
island. Be warned, not all of the tour is
on dry land! Contact Pinetree Stables–
www.pinetree-stables.com (242-373-3600)
Bonefishing with Israel Roile
Port Lucaya Marketplace
Across the street from Westin Our
Lucaya, this marketplace is full of exciting
shopping opportunities and dozens of
fabulous waterfront restaurants.
Isle of Capri Casino
Adjacent to the Westin Our Lucaya,
this free-standing facility is ideally
located for those who want to try their
luck at baccarat, Caribbean stud
poker, blackjack, roulette, or the slot
machines.
Lucayan National Park
Just 20 miles from Freeport, this 40
acre park is surrounded by beautiful
teal waters, white sand beaches, and
a magnificent pine forest. Touring this
park by kayak, jeep or on foot, you will
get a clear look at the complexities of
the flora, fauna and other aspects of the
Roile, one of the legendary bonefish
guides in the world, will show you where
the bonefish are biting and how to bring
them in. (242-373-6060)
Underwater Explorers Society
(UNEXSO)
Just across the street from the Westin
Our Lucaya Resort is a one-stop water
adventure facility called UNEXSO. They
offer numerous dolphin experiences,
from having a close encounter with
the dolphins, swimming with them, or
even having an open ocean experience.
UNEXSO can arrange a variety of
scuba diving experiences, including its
popular three-hour learn-to-dive-course
called “Mini-B Pool and Reef Adventure.”
You can even try your luck on the
UNEXSO trapeze. Contact UNEXSO–
www.unexso.com (242-373-1244)
13
Committee
Meetings
Monday, Februrary 25, 2008
7am – 12pm
Board Breakfast and Meeting
Great Harbour Cay
12 – 3pm
Admissions Lunch and Meeting
Bond’s Cay I and II
12 – 2pm
Finance & Budget
Bona Vista Room
1 – 2pm
CLE
Hoffman’s Cay
2 – 4pm
Sites
Bona Vista Room
Bylaws
Hoffman’s Cay
3 – 4pm
Admissions Standards
Bond’s Cay I and II
Tuesday, Februrary 26, 2008
Wednesday, Februrary 27, 2008
7 – 9am
P & O Breakfast and Meeting
Great Harbour Cay
Foundation Board Breakfast
and Meeting
Whale Cay
12 – 2pm
MDR Lunch and Meeting
Portobellos
1 – 2:30pm
LMC
Royal Palm III
CCS
Hoffman’s Cay
Defense of Judiciary
Whale Cay
7am – 12pm
Board Breakfast and Meeting
Great Harbour Cay
1 – 2pm
New Members
Bond’s Cay I
Leadership Institute
Bond’s Cay I
Publications
Bond’s Cay II
Insurance Initiatives
Bond’s Cay II
1 – 3pm
Trial Masters Program
Hoffman’s Cay
2:30 – 4pm
LMC Graduate Program
Royal Palm III
Visibility
Bona Vista Room
State and International Reps
Portobello’s
2 – 3pm
Website
Bond’s Cay II
2 – 4pm
Jury Trial Initiatives
Bond’s Cay I
International Activities
Whale Cay
3 – 4pm
Ethics/Professionalism
Hoffman’s Cay
Associate Retention
Bond’s Cay II
Exhibitors
Bond’s Cay II
14
From The
Message
Program Chair
S
o you want to improve your trial lawyering
skills. Or maybe you manage litigation
and want to make sure your trial lawyers
are utilizing the best and latest courtroom
techniques, technology and tactics. If your
professional life involves trial work, then the
2008 Winter CLE Program was designed
specifically for you. We will learn about creative case
development at the 2008 Trial Masters Program, featuring
author Scott Turrow. Corporate counsel will discuss best
practices in preparing the company for a trial, and what they
need from their trial counsel. Nationally-renowned trial lawyer
and speaker Michael Tigar will enlighten us on the difference
between winning and losing cases. We will learn about
and observe the best technology tools for trying our cases.
Finally, we will be able to see it all come together with closing
argument presentations by veteran trial lawyers.
Our keynote speaker will be Dick Hoyt, who will describe
his real life story and the life of his son who was born with
cerebral palsy. The criteria for this conference’s keynote
speaker were threefold: (1) family-oriented, as the FDCC is
the most family-oriented legal organization on the planet,
(2) inspiring and (3) motivational. Mr. Hoyt’s story of love for
family will surely inspire and motivate everyone who attends.
See ya’ll in the Bahamas!
Robbie Foster
Program Chair
15
2008
Winter
FDCC
WEDNESDAY—FEBRUARY 27, 2008
PLENARY SESSION
9:00 TO 12:00
9:00 – 9:05
Introduction to Program—Robert
Foster, Nelson Mullins Riley &
Scarborough, Columbia, SC
9:05 – 12:15
Trial Masters Program – “Creative
Thinking in Case Development”
The Trial Masters Program returns, shifting
its focus to the early stages of a case. Trial
lawyers must retain their creative edge and
use that creativity not only in the courtroom,
but long before in the developmental stages
of a case. Early creative development of
themes, theories, and case concepts—and
building your case around them–are the
foundation to success in the courtroom.
Program
• What is the creative process?
• Is creativity inherited or can it be
acquired? Is it “Nature” or “Nurture”
• How can it be summoned when the new
case is placed on your desk? How can
it be focused to bring the new case from
birth to full life through the development of
themes and theories?
The 21
CenturyTrial
Lawyer:
st
Learn The Best
And Latest
Techniques,
Technology
and Tactics
16
• As themes are developed during the early
stages of handling a case, how are those
themes transformed into images?
• What tools enhance the creative
development of case themes?
The 2008 TMP faculty features:
• International best-selling author Scott Turow,
• Jury consultant Jon Smith,
• Altria associate general counsel
Bill Ohlemeyer,
• and five of our true trial masters—
Ric Gass–Gass, Weber & Mullins,
Milwaukee WI
Tom Cordell—Frailey, Chaffin, Cordell,
Perryman, Sterkel & McCalla, LLP,
Chickasha, OK
Sarah Timberlake—Abowitz, Timberlake
& Dahnke PC, Oklahoma City, OK
Eldon Boisseau, Law Offices of Eldon
Boisseau, Wichita, KS
Ken Lewis—Plunkett Cooney PC, Detroit, MI
This esteemed faculty will answer the
questions of how trial lawyers can employ
more creative thinking in case development.
You will learn how to hone your creative
skills, bring a case to life through early
theme and theory development and develop
methods to focus creative skills in the
formative stages of a case.
9:05 – 9:10
Introduction to Trial Masters
Program—Tim Pratt
11:15 – 11:45 “Epiphanies—Viewing the Creative
Process in Different Ways”
9:10 – 9:30
“Case Development and the Birth of
Themes and Theories”
Ric Gass will give an overview on the
importance of exercising creativity in the
earliest stages of case development, and
how experienced trial lawyers can jump-start
the creative process.
9:30 – 10:00 “The Creative Process in Action—
From Fiction Writing to Legal
Case Development”
Acclaimed best-selling author Scott Turow
will discuss the creative process he employs
in crafting best sellers like One L, Presumed
Innocent, and The Burden of Proof. Scott
also is an accomplished trial lawyer,
originally as an assistant U.S. Attorney
in Chicago and now with Sonnenschein
Nath & Rosenthal. He will discuss how
the creative talents used in writing can be
employed by trial lawyers in the pretrial
development of their cases.
10:00 – 10:20 “The Role of In-House Counsel in
Creative Case Development”
Bill Ohlemeyer, Vice President and Associate
General Counsel of Altria Group, has
substantial experience in case development.
Bill was a nationally recognized trial
attorney for many years before moving to
Altria to head up virtually all of their litigation.
In addition to sharing his own insight into
the creative process, Bill will discuss how
in-house litigation managers can work with
outside counsel to ensure that the case is
developed both creatively and successfully.
10:20 – 10:40 “Merging the Creative Process
into the Case Development – Tools,
Time, Thought”
Tom Cordell will share what it takes to turn
on the creative process; ways to summon
creativity to develop case themes and
theories; tools that can assist in awakening
the creative process; and how to capture
that creativity for use in your cases.
10:40 – 11:15 “From Birth to Full Life—Watch the
Creative Process in Action”
Jury consultant, Jon Smith, will work with Ric
Gass to show how one can move through
the pre-trial creative process from A to Z.
Watch creative techniques in action, and how
thought, open-mindedness and organization
can be helpful for the trial attorney.
How can you cause creative lightning to
strike? How can you be sure it lights up
rather than burns up your case? Three of the
FDCC’s “best and brightest” trial attorneys—
Sarah Timberlake, Eldon Boisseau, and Ken
Lewis – will share their insights with you.
11:45 – 12:15 “10 Questions, 30 Minutes”
Ensuring that attendees get key take-aways
in a quick and practical way, the TMP
faculty will entertain the top 10 solicited
questions and provide direct, useful answers
in a short period of time.
THURSDAY—FEBRUARY 28, 2008
SUBSTANTIVE LAW SECTION MEETINGS
8:00 TO 9:30
1. Commercial Litigation
• “Strategies For Defending Commercial
Damages”
Lori E. Iwan – The Iwan Law Firm, LLC,
Chicago, IL
John P. Scott, Jr. – Starnes & Atchison,
LLP, Birmingham, AL
• “Damages Under the Uniform
Commercial Code: A Practical Resource
For Handling UCC-based Disputes”
Craig S. Neckers – Smith Haughey Rice
& Roegge, Grand Rapids, MI
2. Life, Health and Disability
• “Get Me Cheaper Health Care
Coverage Without Cutting My Health
Benefits!; The Health Insurance Tug-ofWar – Legal Challenges Confronting
Insurers as They Manage The Rising
Cost of Health Care.”
Randy Rabe – Nelson Levine de Luca &
Horst, LLC, Blue Bell, PA
David Humiston – Sedgwick Detert
Moran & Arnold, Los Angeles, CA
3. Trial Tactics, Practice and
Procedures/Professional Liability/
Healthcare Practice/Appellate Law
Section/Ethics and Professionalism
• “Ethical Considerations in Preparing the
Client for Deposition and Trial”
Clark R. Hudson – Neil, Dymott, Frank,
McFall & Trexler, APLC, San Diego, CA
Tactical considerations in making
sure a witness is prepared to testify in
depositions and trial. The discussion will
include references to the professional
Rules of Conduct in terms of our ethical
boundaries in preparing witnesses.
17
Dr. Edward Verrier – Chief, Division
of Cardiothoracic Surgery, University
of Washington
on global warming issues including
potential public entity nuisance suits
and insurance coverage litigation.
Join our distinguished panel to discuss
what types of losses we can expect
from global warming in the coming
years and how these losses may trigger
insurance claims.
The impact of litigation on the
medical profession and the medical
professionals perspective on
malpractice litigation.
• “Ethical Considerations in Consent to
Settle Provisions”
Jean M. Lawler – Murchison &
Cumming, LLP, Los Angeles, CA
Thomas F. Segalla – Goldberg Segalla,
LLP, Buffalo, NY
Walter J. Andrews – Hunton &
Williams, McLean, VA
Debra Tedeschi Herron – McNeer,
Highland, McMunn and Varner, LC,
Clarksburg, WV
4. Management, Economics &
Technology of Practice
• “Alternative Billing Arrangements: How
to Make Them Work for All Concerned”
Can alternative billing arrangements
really work to the benefit of both
clients and their outside law firms?
Our panelists are experienced with
alternative billing arrangements and
will offer their experience and expertise
on flat fees and other creative billing
ideas from both perspectives. It will
be a lively and frank discussion with
lessons to be learned for all.
April Elkovitch – Claim Counsel, Farm
Family Casualty Insurance Company
David L. Grumbine – Senior Counsel,
Dispute Resolution Group, Whirlpool
Corp.
PLENARY SESSION
10:00 TO 12:30
10:00 – 10:05 Welcome to Convention—
Timothy Pratt – Shook, Hardy &
Bacon, LLP, Kansas City, MO
10:05 – 10:20 Introduction of New Members, Past
Presidents—
FDCC President Wayne Mason –
Sedgwick, Detert, Moran & Arnold,
Dallas, TX
10:20 – 10:30 Welcome to The Bahamas—
Senator Kay Forbes-Smith,
Parliamentary Secretary, Office of
the Prime Minister, Grand Bahamas
Island
Wayne C. Kreuscher – Barnes &
Thornburg, Indianapolis, IN
10:30 – 11:15 “The Corporate Counsel’s
Management of Trials – Best
Practices for Preparing the Company
for Trial, and Tips on What
Corporate Counsel Needs from its
Trial Counsel”
Michael D. Hostetter – Nall, Miller,
Owens, Hocutt & Howard, Atlanta, GA
David M. Nicholas – Senior Litigation
Counsel, Tyco Fire & Safety
Robert W. Foster, Jr. – Nelson Mullins
Riley & Scarborough, LLP, Columbia, SC
Deborah D. Kuchler – Abbott Simses &
Kuchler, New Orleans, LA
Evelyn Brantley – Corporate Counsel,
DuPont
5. Insurance Coverage/Insurance
Industry
• “Global Warming: How Hot Will It
Get? Potential Claims and Related
Coverage Issues”
The recent U.S. Supreme Court decision
in Massachusetts v. Environmental
Protection Agency which held that the
E.P.A. has the authority to regulate heattrapping gases in automobile emissions
has set the stage for more litigation
18
W. Douglas Berry – Butler Pappas
Weihmuller Katz Craig, LLP, Tampa, FL
So all efforts to resolve the dispute have
failed, and the case must now proceed to
trial. Learn from a panel of litigation trial
managers about best practices to enhance
a successful trial experience, and hear
advice regarding what they need from the
trial lawyer before the battle begins.
Moderator:
R. Jeffrey Kelsey – Federal Express
Corporation
Corporate Counsel Panel:
David L. Grumbine – Whirlpool
Corporation
David M. Nicholas – Tyco Fire & Safety
Kenneth J. Nota – Dryvit Systems, Inc.
Jean Holloway – Boston Scientific
11:15 – 12:30 The Federation Foundation Forum
Presents Michael Tigar, Esquire,
“Empowering the Jury: Lessons from
Cases Won and Lost.”
Nationally-renowned trial lawyer, speaker,
teacher, and author, Michael Tigar will
discuss the Art of Advocacy and how to
empower the jury to return the results you
desire. Mr. Tigar will discuss techniques
for empowering a jury to help your client.
He will present a comparison of two Vioxx
cases: one in which the defense prevailed
and one in which the plaintiff prevailed. He
will use these cases to exemplify defense
trial tactics that have proven effective in
persuading a jury through opening and
closing arguments, the presentation of
evidence, and the examination of witnesses.
Mr. Tigar represented Terry Nichols in the
Oklahoma City bombing trial and has
argued seven cases before the U.S. Supreme
Court and more than 100 appellate cases.
He has written extensively about litigation and
trial practice and has published several books.
In 1999, he was voted by the California
criminal defense attorneys as the third most
prominent criminal lawyer of the 20th century
behind Clarence Darrow and Thurgood
Marshall. He is currently teaching trial and
appellate advocacy at Duke Law School.
Mr. Tigar’s presentation will be entertaining
and educational to both the lawyer and nonlawyer, and aspiring trial lawyer, so invite
the family.
FRIDAY—FEBRUARY 29, 2008
SUBSTANTIVE LAW SECTION MEETINGS
8:00 TO 9:30
1.Technology and E-Commerce/
Intellectual Property Section
• “Evidence ESI”
“Meta data, pixels & tiff’s, oh my
Computers as declarants?
Can hearsay rules apply?
Tons of e-documents flowing:
expensive without a doubt,
What’s the value of this stuff,
if the court will keep it out?
While barefoot in the Bahamas,
“let us go then you and I”,
exploring how evidence rules
apply to ESI.
With the inclusion of electronically stored
information to discovery at considerable
expense to litigants, the real question is
what to do with it when you get it, how
to get it admitted into evidence, and how
to challenge and defend the reliability
of admissibility of ESI. Although basic
evidence rules apply, there are some
interesting twists and turns. So, whether
you just want to brush up on the rules of
evidence or explore this brave new world,
join us to discuss the basic and potential
pitfalls of evidence in an ESI world.
Rebecca Levy-Sachs – Robinson & Cole,
LLP, Sarasota, FL
Ralph A. Zappala – Lewis Brisbois
Bisgaard & Smith, LLP, San Francisco, CA
Howard M. Merten – Partridge, Snow &
Hahn, Providence, RI
2.Extra-Contractual Liability
• “Preparing Insurance Company
Witnesses to Testify in Deposition and
Trial in a Bad Faith Case”
James L. Crandall – Crandall, Wade &
Lowe, Irvine, CA
Alex A. Jivan – National Litigation
Manager, Farmers Insurance
James D. Johnson – Counsel and
Assistant Vice President, Mid-Continent
Group
David M. Bell – David Bell &
Associates, Phoenix, AZ
Meloney Perry – Meckler Bulger &
Tilson, LLP, Dallas, TX
3. Premises and Securities Liability/
Products Liability
• “Food for Thought: What Lawyers
Need to Know About Food Safety
Litigation But Were Afraid to Ask”
• Defending the Premises Owner When
the Meal Turns Bad
Anthony F. Tagliagambe – London
Fischer, LLP, New York, NY
• Defending the Manufacturer/Distributor
When the Food is Impure
Robert B. Hunter – Wheeler Trigg
Kennedy, LLP, Denver, CO
• Managing the Crisis and Defending the
Brand From the Client’s Perspective
Geneace Williams – former Managing
Counsel, McDonald’s Corporation
Litigation
The Tech/E-Commerce
& IP Sections present:
A tale you’ll want to hear
“Evidence ESI”
As the rules we’ll try to clear.”
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4. Toxic Tort & Environmental Law
Panelists:
• “Through the Looking Glass – Turning
the Toxic Tort World on its Head to
Prove Causation. How Far Will the
Courts Go in Requiring Specific Proof of
Exposure to Establish Substantial Factor
in Latent Injury Cases?”
Craig A. Marvinney – Ulmer & Berne, LLP,
Cleveland, OH
Deborah D. Kuchler – Abbott, Simses &
Kuchler, New Orleans, LA
Michael D. Hostetter – Nall, Miller,
Owens, Hocutt & Howard, Atlanta, GA
Moderator:
Technology assisted by Packer
Engineering
Sandra Clark – Mehaffy Weber Law
Firm, Beaumont, TX
Panelists:
Evelyn Brantley – Corporate Counsel,
DuPont
Michael A. Tanenbaum – Sedgwick,
Detert, Moran & Arnold, Newark, NJ
Frank H. Gassler – Fowler White Boggs
Banker, PA, Tampa, FL
5. Drug, Device & Biotechnology/
Class Action and Multidistrict
Litigation
• “Take it Back… Or We’ll See You in
Court – Dealing With the FDA and
Potential or Ordered Recalls”
Joseph M. Fasi, II – Greenhalgh,
Krueger, Hernanadez & Fasi, SC,
Elm Grove, WI
• “Multi-District Litigation: Strategic
Considerations and Practical Insights”
10:50 – 12:00 “The Art of Closing Argument –
Tactics to Winning the Jury”
Two veterans of the courtroom trenches
square off to close our CLE programming
by giving “Closing Arguments.” The case
they will present was a real case that was
tried for two weeks in Las Vegas, Nevada,
to a jury verdict. The facts of the case were
captured on videotape as a 30-year old
lady was shot and killed by a stray bullet
intended for a casino security officer in the
middle of the casino. The casino was sued
by the family. Be on time to watch the video,
listen to the trial lawyers’ presentation, and
render your own verdict. Family members
are invited for this entertaining and
educational presentation.
• Closing Argument
Edward B. Ruff, III – Pretzel & Stouffer,
Chicago, IL
Plaintiff – Stephen G. Morrison, Nelson
Mullins Riley & Scarborough, LLP,
Columbia, SC
Fritz X. Shadley – Ulmer & Berne, LLP,
Cincinnati, OH
Defendant – Neil A. Goldberg, Goldberg
Segalla LLP, Buffalo, NY
• “Encroachment on the Learned
Intermediary Doctrine Resulting From
Recent Court Decisions and Direct-toConsumer Advertising”
Roxanne M. Wilson – Reed Smith LLP,
Los Angeles, CA
SATURDAY—MARCH 1, 2008
SUBSTANTIVE LAW SECTION MEETINGS
8:00 TO 9:30
1. Transportation
Plenary Session
10:00 TO 12:00
• “Finding The Dice in Plaintiff’s
Shell Game”
10:00 – 10:50 “Lights, Action, Cameras –
Technology in the Courtroom – 2008”
• “Using Paid or Incurred Legislation and
Case Law to Minimize Jury Verdicts
Based on Plaintiff’s Medical Bills”
Be prepared for “shock and awe” as
FDCC trial lawyers bring to you the latest
and most persuasive technology in the
courtroom. This panel of lawyers will
explain and demonstrate cutting-edge
technology utilized in the courtroom to
enhance winning your cases.
Moderator:
Leslie C. O’Toole – Ellis & Winters, LLP,
Raleigh, NC
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Larry D. Warren – Ball & Weed PC,
San Antonio, TX
• “Fibromyalgia and Radio Facet
Neurotomics: Effectively Using
Motions in Limine to Turn the Tables on
Questionable Medical Claims”
Mark A. Fredrickson – Rider Bennett LLP,
Minneapolis, MN
2. Alternative Dispute Resolution/
International Practice & Law/
Reinsurance, Excess and Surplus
Lines/Corporation Counsel/
Construction
• “Drafting and Enforcing Arbitration
Agreements in the Employment Arena”
Jeffrey W. Lorell – Saiber Schlesinger
Satz & Goldstein, Newark, NJ
• “Arbitration and Mediation—A
Global View”
Panel Discussion – “Arbitration,
Mediation, and Advocacy”
Moderator:
Helen Johnson Alford – Alford, Clausen
& McDonald, LLC, Mobile, AL
BUSINESS MEETING
9:30 TO 10:30
10:30 – 11:00 Preview of 2008 Annual Meeting—
Banff, Alberta
Rick Reilly of Sports Illustrated labeled his
article on Dick Hoyt as the “Strongest Dad
in the World.” The Today Show featured
Dick Hoyt in its recent series on “Today’s
Real American Heroes.” Audiences who
have heard Mr. Hoyt’s real life story have
stated Mr. Hoyt’s love and courage was one
of the most inspiring and motivating stories
they have ever heard.
Not even a casual runner when his son Rick
was born with cerebral palsy, Dad has
now pushed his son more than 85 times in
26.2 mile marathons. In addition, Dad has
competed in eight Ironman competitions
where he has pushed his son in the 26.2 mile
run, swam 2.4 miles with his son in tow, and
bicycled 112 miles with his son on handlebars,
all in the same day. What would motivate a
middle-aged man to engage in such extreme
behavior? Only one thing could – the love a
parent has for his or her child! Bring the
whole family and listen to a real life story of
love, courage, and commitment. Then meet
and greet Dick Hoyt afterwards.
Regional Chief Justice Chadwick
(Retired)
Steven L. Barney – Plunkett Cooney, PC,
Petoskey, MI
Elizabeth Mullins – Swiss Re,
New York, NY
J. Scott Maidment – McMillan Binch,
LLP, Toronto, Ontario
3. Employment Practices and
Workplace Liability/Civil Rights
and Public Entity Liability
• “Trial Practice and Trends in
Discrimination and Retaliation”
Latha Raghavan – Goldberg Segalla
LLP, Albany, NY
David Fuqua – Hope, Fuqua &
Campbell, PA, Little Rock, AR
Steve and Kathy Goldman, General
Convention Chairs
KEYNOTE SPEAKER, DICK HOYT
11:00 TO 12:00
Panelists:
Stephen L. Carter – Charles Russell
Solicitors, London, England
Wayne B. Mason – Sedgwick, Detert,
Moran & Arnold, Dallas, TX, FDCC
President
Michele Miller – Miller Law Group, San
Francisco, CA
Candy W. Dale – Hall, Farley,
Oberrecht & Blanton, PA, Boise, ID
4. Property Insurance
• “Jury Selection in the First Party
Insurance Case: Profiling is Not Enough”
Moderator:
Susan B. Harwood – Boehm, Brown,
Fischer, Harwood, Kelly & Scheihing,
PA, Orlando, FL
Panelists:
William S. Berk – Berk, Merchant &
Sims, PLC, Coral Gables, FL
D. David Keller – Bunnell, Woulfe,
Kirschbaum, Keller, McIntyre &
Gregoire, PA, Ft. Lauderdale, FL
Cindy K. Andrews, Ph.D – Courtroom
Sciences, Inc., Irving, TX
Note: The FDCC reserves the right to change or modify the
program topics and/or speakers.
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Convention
Committees
Convention Chairs
President’s Reception
FDCC Movie Club
Bahamian Cooking Adventure
Tim and Christie Pratt
Leslie O’Toole
Christi Sherouse
Sue Popik
Dave and Bonnie Covey
Mary Michael Sterchi
Program Chair
Johnny and Grace Sarber
Lisa Weixelman
Robbie Foster
Dan and Nora Chesire
Registration
David Louie and
Johanna Chuan
Book Club
Susan Maidment
Dessert Party
Cindy Fanter
John Albert
Mary Alice Collins
Scott and Susan Kreamer
Kim and Dan Baker
Rebecca Levy-Sachs and
Frank Sachs
Youth and Childrens Activities
Sheila Carmody
Bob and Debbie Henderson
Kurt and Cindy Reeg
John and Lisa Quinn
Bruce Celebreeze
Mike Shalhoub and
Gail Boggio
Sandra Phillips
Larry and Sue Hepler
Jim and Nancy Ebanks
Greg and JoEllyn Witke
Lib Foster
Convention Captains
Monty and Sissy Todd
Theme Party
Chris and Peggy Palmer
Craig Marvinney
International Dinner
Stephen Carter
Hospitality
Colin and Clare Croly
Brooks and Paige Magratten
Scott and Susan Maidment
Kile and Sara Turner
Alan and Tonya Brown
The Fishing Committee
Rich and Barbara Traub
Mike Lucey
Mills Gallivan
Morning Hospitality
Reid Manley
Chris Naples
Donna Mason
Black Tie
Gretchen Barney
Bill and Eileen Vita
Jenny Lucey
Doug and Joyce Christian
Christie Geier-Pratt
Rich and Linda Merklinger
Lib Foster
Sam Felker
“Island Getaway Tour”
Excursion
Jim and Melissa Keale
Elizabeth and Jeff Lorell
Frank and Diane Ciano
Fun Run
Clark and Jennifer Cole
Victor Anderson
Mike and Lee Scott
Tennis Tournament
Doug and Nina Compton
Rob and Sue Adams
Carl and Leanne Mariano
Rob and Diane Radel
Frank Gassler and
Pam Tedder
Women Member’s Breakfast
Jean Holloway
Susan Henricks
Sarah Timberlake
High Tea on the Island
Clare Croly
Scuba Excursions
David Bell
Jack Daniels
Jim Creech
Golf Tournament
Paul Wickens
Greg Gaebe
Steve and Lee Farrar
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Thank You
our confirmed Exhibitors
Courtroom Sciences, Inc.
Litigation Management Inc.
Packer Engineering, Inc.
Tauber & Balser P.C.
Special Thanks
Frank Crystal & Company
for their continuing support
of the FDCC
Contact Ken or Greg Gamble
212-504-5873
for quotes for your firm’s
professional liability insurance
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FEDERATION OF DEFENSE & CORPORATE COUNSEL
11812 North 56th Street • Tampa, FL 33617
813-983-0022 • 813-988-5837 Fax
E-mail: mstreeper@thefederation.org
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