Join us in Austin, Texas, for the 2023 DRI Product Liability Conference. Hear from world-class speakers on topics that impact defense practitioners in product liability cases while expanding your professional network. Learn the latest in product recall news, elevate your expertise on product liability issues arising from the expansion of artificial intelligence, and examine the impact the COVID-19 pandemic had on jury selection strategies. A special Fireside Chat on Supply Chain (the New Normal) will also address how issues in the supply chain affect product liability cases.
DIGITAL EVIDENCE & EMERGING TECHNOLOGIES
Chair | Matthew D. Gurbach, Bricker & Eckler, Cleveland, OH
Vice Chair | James M. Dedman, IV, Gallivan, White & Boyd, Charlotte, NC
Marketing Chair | R. Andrew Walden, Womble Bond Dickinson, LLP, Charleston, SC
Can We Trust What We See? - Deep Fakes and the Manipulation of Digital Evidence Using Crafty Edits, Artificial Intelligence, Selective Omission, and Good Ole’ Fashion Fabrication
A picture may not be worth a thousand words. Specifically, if the picture is altered, manipulated, or faked. During this session, we will explore the tactical and practical considerations for practitioners and companies relating to alteration of digital evidence such as photographs and videos.
Moderator
Matthew Gurbach, Bricker & Eckler LLP, Cleveland, OH
Casey S. Erick, Cowles Thompson, Dallas, TX
Collin Warren, Fisher Phillips, Houston, TX
Don Vilfer, Digital Evidence Ventures, Roseville, CA
TRIAL TECHNIQUES
Chair | Jeffrey C. Warren, Bowman & Brooke, Phoenix, AZ
Vice Chair | Tom Bazemore, Huie, Birmingham, AL
Preserving Issues for Appeal: Common Trial Lawyer Errors and Strategies for Preventing Them
Michael Eady, Thompson, Coe, Cousins & Irons, LLP, Austin, TX
Raffi Melkonian, Wright Close & Barger, Houston, TX
FIRE SCIENCE & LITIGATION
Chair | Andrew E. Stead, McMillan, Calgary, Canada
Vice Chair | Allison Waase, Kaufman Borgeest & Ryan, LLP, Westchester, NY
How to Best Challenge Fire Cause-and-Origin Opinions Under NFPA 921
NFPA 921 is the preeminent guide for fire investigations and is referenced in a majority of court decisions involving Daubert challenges to fire cause-and-origin opinions. Despite its acceptance among fire investigators and courts across the country, courts refuse to elevate it to the standard for reliability under the Rules of Evidence. This creates a predicament for litigators who challenge fire investigators’ cause-and-origin opinions because the case law is unclear about how closely an expert needs to follow NFPA 921’s methodology to support reliable opinions. This presentation will provide an in-depth discussion of these and related issues.
Haley A. Johnston, Frost Brown Todd, Indianapolis, IN
Nora Bloom, Navistar, Lisle, IL
Amy E. Gray, ESI, Miami, FL
BUILDING PRODUCTS
Chair | Rachel Cooper, McMillan, Toronto, Canada
Vice Chair | Lindsay Zanello, Dechert LLP, New York, New York
HVAC Liability
Exploring ventilation systems, airborne diseases, and associated liability/contracts/new building products, and reflecting on the pivots and forward-thinking changes that came from COVID-19-learned lessons.
Ian Botnick, Johnson Controls, Inc., Naperville, Illinois
Marty Upchurch, S-E-A, Fishers, Indiana
CHILDREN'S PRODUCTS
Chair | Rachel Remke, Arent Fox Schiff, Chicago, IL
Vice Chair | Mitchell W. Taraschi, Connell Foley, Roseland, NJ
California’s Gender-Neutral Toy Law
California passed a law that requires that large stores have a “gender-neutral” section to display a “reasonable selection” of gender-neutral. This presentation will provide an overview of the law and its requirements, a discussion of whether the law only applies to “childcare items,” and a conversation regarding whether this law suggests a larger trend toward these types of requirements on manufacturers of all products, not just childcare items.
Merton Howard, Hanson Bridgett, San Francisco, CA
Shannon Nessier, Hanson Bridgett, San Francisco, CA
MANUFACTURER'S RISK
Chair | Jason R. Gagnon, Carmody Law, Waterbury, CT
Vice Chair | Denis F. Alia, Cetrulo, LLP, Boston MA
Direct to Consumer Marketing
The pandemic forced many manufacturers of products traditionally sold through authorized retailers to market directly to consumers … examples include higher-end bicycles, e-bikes, e-scooters etc. What are the pit-falls/benefits of this decision? Are there products that are too complicated/dangerous to fit this model? What are best practices for warnings/instructions for these types of products? This presentation will discuss these questions.
Cheryl Possenti, Goldberg Segalla, Clarence, NY
Steven Hall, M.S.E. CPSM, Applied Safety and Ergonomics, Ann Arbor, MI
David Campbell, Cycling Sports Group, Oakland, CA
CPSC Unilateral Releases
What are the trends in the industry with CPSC use of unilateral releases, best practices for dealing with a unilateral release and best practices for minimizing use as evidence in products liability cases? This presentation will explore these questions and more.
Hon. Ann Marie Buerkle, Williams and Jensen, PLLC, Washington, D.C.
AUTOMOTIVE
Chair | Elizabeth L. Moyo, Porter Wright, Columbus, OH
Vice Chair | Natalie J. Eschbach, Litchfield Cavo, Chicago, IL
Don’t Forget your Biomechanics Expert can Help the Jury Understand the Medical Aspects of your Case
Understanding the extent of how a biomechanical engineer may help you with the medical aspects of your case during discovery and at trial. During discovery, a biomechanical engineer can help you know what to ask for and interpret the medical records that you receive. At trial, a biomechanical engineer may be able to offer medical opinions.
Lisa Gwin, Biodynamic Research Corporation, San Antonio, TX
Cary Slobin, Nelson Mullins, Plano, TX
BIOMECHANICS & INJURY CAUSATION
Chair | John W. Halpin, Laffey, Leitner & Goode, LLC, Milwaukee, WI
Vice Chair | Megan E. Cook, Teague Campbell, Asheville, NC
In-House Experts: How to Identify and Use Them
In-house and outside counsel will speak to how they have identified, developed, and used in-house experts. The presentation will include a lively discussion on why use an in-house expert instead of a third-party expert, how to train an in-house expert, whether you should provide a report from the in-house expert and whether the in-house expert can also serve as your 30(b)(6) witness.
Moderator
William E. McDonald, III, Bush Seyferth, PLLC, Troy, MI
Konrad Pilatowicz, U-Haul International, Inc., Phoenix, AZ
Reed Cochran Darsey, Stellantis, Auburn Hills, MI
Matt King, IMMI, Westfield, IN
James R. Chinni, P.E., Engineering Answers, LLC, Noblesville, IN
Chair | Brad Brown, Jackson Walker, Dallas, TX
Vice Chair | Conor A. McLaughlin, Thompson Hine, Cleveland, OH
Emerging Aviation Issues
Hear an exciting panel discussion about emerging aviation issues involving 3-D printing technologies, artificial intelligence and autonomous vehicles. Learn about how these issues are developing in litigation matters and are affecting product liability risks, as well as the legal considerations for the use of the different technologies. The panel will discuss recent case law addressing these subjects and their potential impact on established product liability law.
Bridget McGraw, GE Aviation, Cincinnati, OH
Daniel Ridlon, Perkins Coie LLP, Seattle, WA
MASS TORTS & CLASS ACTIONS
Chair | Mary Delli Quadri, Gascon, Montreal, Canada
Vice Chair | Maude Lafortune Belair, Lavery, Montreal, Canada
Opioid Litigation and Defenses – A Comparison
This presentation addresses the types of opioid actions proceeding in Canada including some of the tort claims that are being advanced, such as public nuisance claims, as well as lessons that can be learnt from the Tobacco litigation in Canada and lessons from the settlements arrived at to date. On each of these topics, this presentation will highlight differences or similarities with the opioid litigation in the US.
Myriam Brixi, Lavery, Montreal, Canada
Kelsey Sherriff, Miller Thomson, Vancouver, Canada
CHEMICAL & TOXIC TORT
Chair | Luis A. Leitzelar, Bienvenu, Bonnecaze, Foco & Viator, LLC, Baton Rouge, LA
Vice Chair | George R. Wray, BLG, Toronto, Canada
Comprehensive Practice Update
This dynamic panel will provide an informative look at the current state of e-discovery obligations and costs for litigants, as well as personal jurisdiction and its impact on chemical and toxic tort litigation. The panelists will also discuss their insights on issues surrounding equitable imposition of successor liability, and a review of developments in “popcorn” litigation.
April Byrd, Eckert Seamans Cherin & Mellott, Philadelphia, PA
Luis A. Leitzelar, Bienvenu, Bonnecaze, Foco & Viator, LLC, Baton Rouge, LA
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