speakers seminar chair defense trial counsel of indiana · appellate advocacy. maggie has been...

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SEMINAR CHAIR Michael Knight is a trial attorney with Nationwide Mutual Insurance Company Trial Division. He focuses his practice on defending Nationwide’s insureds as well as Nationwide and its affiliate companies in defense of litigation arising from automobile negligence, premises liability, under- and uninsured motorist claims, and miscellaneous torts. He also partners with claims staff in pre-suit consultations and investigations on behalf of insureds on a limited basis. Mike is a member of the social committee of the Indianapolis Bar Association’s Young Lawyers Division, a member of Defense Research Institute (DRI), and recently became chair of the Young Lawyers Committee of the Defense Trial Counsel of Indiana (DTCI). April 19, 2013 The Montage at Allison Pointe 8580 Allison Pointe Blvd. Indianapolis, IN 46250 317/577-3663 www.themontage.info DEFENSE TRIAL COUNSEL OF INDIANA YOUNG & RESTLESS ¢ ROOKIE SEMINAR APRIL 19, 2013 Speakers Joseph R. Alberts is Litigation Counsel for The Dow Chemical Company and Dow AgroSciences LLC. He currently is responsible for a wide variety of legal matters and issues, including product liability litigation, intellectual property litigation and related issues, commercial litigation and related issues, and liability prevention. He has handled legal matters in 48 U.S. states, Canada, Mexico, Germany, Great Britain, Korea, Israel, Central America, and South America. He has managed cases before the United States Supreme Court, including a landmark federal preemption case during the 2004-05 Term. Mr. Alberts has been featured by the Indianapolis Business Journal as one of its “Forty Under 40” award recipients. He has been recognized as an Indiana Super Lawyer and as a recipient of an Indy’s Best and Brightest Award in the “Law” category. He also has earned a Martindale- Hubbell® “AV” rating, has received DTCI’s Outstanding Young Lawyer Award, and has participated in the Lacy Leadership Education and Development program and the first ever IBA Leadership Institute. Mr. Alberts’ leadership positions within DTCI include service as a member of DTCI’s board of directors, as chairman of the In-House Counsel Section, chairman of the Product Liability Section, and a member of the Board of Editors of the Indiana Civil Litigation Review. Phillip E. Kalamaros is a partner with Hunt Suedhoff Kalamaros LLP. He is licensed in Indiana and Michigan, and divides his practice between the two states. He has a broad litigation practice, including all types of Professional Malpractice, D & O, E & O, Coverage, Premises, Products, and General Tort Defense, Worker’s Compensation and Business Planning. He is a graduate of the University of Notre Dame (BBA 1984, JD 1987.) He is a past Amicus Committee chairman and Director of Defense Trial Counsel of Indiana. He is a director of the Indiana Continuing Legal Education Forum, and a Life Fellow of the Indiana Bar Foundation. He is a member of the Defense Research Institute, the Defense Trial Counsel of Indiana, the Michigan Defense Trial Counsel, the National Council of Self Insured’s, the Notre Dame Law Association, the Seventh Circuit, St. Joseph County, Berrien County, Indiana State and Michigan State Bar Associations. Kori L. McOmber received her Bachelor of Arts in International Studies from Miami University in 1998, and received her Juris Doctorate in 2001 from Indiana University Robert H. McKinney School of Law. She currently focuses her practice in the defense of hospitals, physicians, and other healthcare providers in medical negligence claims. She also represents both insureds and insurance companies in insurance coverage matters. Ms. McOmber also defends corporations in product liability suits. She represents clients in both federal and state court, and is licensed to practice in Indiana and before the Federal District Courts for the Northern and Southern Districts of Indiana. Nicholas Levi is a partner in the Indianapolis office of Kightlinger & Gray, LLP. His practice encompasses all areas of civil tort litigation, with particular emphasis on product defect and construction litigation. He has experience working with insurance companies, manufacturers, national retailers, and utilities in the defense of all manner of tort claims. He is a member of several legal and professional organizations, including the Defense Research Institute (DRI), Defense Trial Counsel of Indiana (DTCI), and the Indianapolis Bar Association. In 2009, 2010, and 2011, he was selected for inclusion in the Rising Stars list published in Indiana Super Lawyers®. Kevin C. Schiferl is a trial attorney concentrating his practice in product liability litigation and mass tort, defending corporations and individuals in personal injury claims involving automobiles and other consumer products. He is also engaged in the defense of professional liability and business claims. With over seventy-five (75) jury trials and hundreds of bench trials and hearings, Kevin is one of Indiana’s most active litigators. Beyond his trial work, he maintains an active appellate practice, having had involvement in over fifty (50) published cases from Indiana, Ohio, Illinois, West Virginia and Texas. Thomas R. Schultz is a seasoned trial attorney throughout the state of Indiana in both federal and state courts with almost 50 jury trials to his credit and numerous bench trials. He has also argued and presented briefs to the Indiana Court of Appeals and the Seventh Circuit Court of Appeals. Mr. Schultz is a member of the DRI and the IBA. He currently serves as the Indiana State Representative of the DRI, the international organization of attorneys defending the interest of business and individuals in civil litigation. He is also Past President of the DTCI, the largest organization of civil defense trial lawyers in the state. He also serves as Treasurer of ABOTA, Indiana Chapter, and is a member of the International Association of Defense Counsel. He has been recognized as one of the top Indiana lawyers by being named as a "Super Lawyer" for the last three years. He is a member of and the state representative for Council on Litigation Management. Maggie L. Smith has been recognized as one of the "Best Lawyers in America" in the field of Appellate Practice. She has been involved in hundreds of appeals, and has represented businesses, individuals, and groups in all types of appellate proceeding at every level of the state and federal appellate courts, and also has significant experience representing amicus curiae parties before Indiana's appellate courts. Prior to entering private practice, she served as a judicial law clerk with the Indiana Supreme Court and was an Adjunct Professor of Law at Indiana University, teaching legal writing and reasoning and appellate advocacy. Maggie has been actively involved in drafting the Indiana Appellate Rules, is a leader in the state and national appellate practice communities, and is a frequent presenter on appellate topics. Robert B. Thornburg is a trial attorney who has tried more than 25 jury trials to verdict, including product liability, breach of warranty, lemon law, premises liability, and automobile negligence cases. He has also tried at least 30 bench trials and arbitrations. Mr. Thornburg has experience in Indiana State and Federal courts and in several other jurisdictions. He has also testified before the Indiana Legislature on issues of importance to Indiana insurers. His leadership roles in DTCI include Product Liability Section Chair and Board Member. Hon. Heather Welch is a judge in the Marion Superior Court, Civil Division 12. She is an active member of the Indianapolis Bar Association, Indiana State Bar Association, American Bar Association, National Association of Women Judges, American Judicature Society, American Inn of Court Sagamore, Indiana Judges Association, Indiana Judicial Center, and Marion County Bar Association. She completed the Indiana Graduate Judges Program in 2007 and the John Krauss Public Policy Mediation Training in 2010. She received the ABOTA “Trial Judge of the Year Award” in 2011 and the Indiana Lawyer Leadership in Law “Distinguished Barrister” in 2012. She currently serves on the advisory committee for the National High School Mock Trial Competition, the Catholic Charities Spirit of Service Development Committee and the Dynamo FC Soccer Board. DTCI PAST PRESIDENTS ROUNDTABLE 1997 Marty Hollingsworth Bingham Greenebaum Doll 1999 John Trimble Lewis Wagner 2008 Jeff McKean McKean Law Firm 2009 Tom Schultz Schultz & Pogue 2010 Mary Reeder Reid Hospital

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Page 1: Speakers SEMINAR CHAIR DEFENSE TRIAL COUNSEL OF INDIANA · appellate advocacy. Maggie has been actively involved in drafting the Indiana Appellate Rules, is a leader in the state

SEMINAR CHAIR

Michael Knight is a trial attorney with Nationwide Mutual Insurance Company Trial Division. He focuses his practice on defending Nationwide’s insureds as well as Nationwide and its affiliate companies in defense of litigation arising from automobile negligence, premises liability, under- and uninsured motorist claims, and miscellaneous torts. He also partners with claims staff in pre-suit consultations and investigations on behalf of insureds on a limited basis. Mike is a member of the social committee of the Indianapolis Bar Association’s Young Lawyers Division, a member of Defense Research Institute (DRI), and recently became chair of the Young Lawyers Committee of the Defense Trial Counsel of Indiana (DTCI).

April 19, 2013

The Montage at Allison Pointe

8580 Allison Pointe Blvd.

Indianapolis, IN 46250

317/577-3663

www.themontage.info

DEFENSE TRIAL COUNSEL OF INDIANA

† YOUNG & RESTLESS ¢

ROOKIE SEMINARAPRIL 19, 2013

Speakers

Joseph R. Alberts is Litigation Counsel for The Dow Chemical Company and Dow AgroSciences LLC. He currently is responsible for a wide variety of legal matters and issues, including product liability litigation, intellectual property litigation and related issues, commercial litigation and related issues, and liability prevention. He has handled legal matters in 48 U.S. states, Canada, Mexico, Germany, Great Britain, Korea, Israel, Central America, and South America. He has managed cases before the United States Supreme Court, including a landmark federal preemption case during the 2004-05 Term. Mr. Alberts has been featured by the Indianapolis Business Journal as one of its “Forty Under 40” award recipients. He has been recognized as an Indiana Super Lawyer and as a recipient of an Indy’s Best and Brightest Award in the “Law” category. He also has earned a Martindale-Hubbell® “AV” rating, has received DTCI’s Outstanding Young Lawyer Award, and has participated in the Lacy Leadership Education and Development program and the first ever IBA Leadership Institute. Mr. Alberts’ leadership positions within DTCI include service as a member of DTCI’s board of directors, as chairman of the In-House Counsel Section, chairman of the Product Liability Section, and a member of the Board of Editors of the Indiana Civil Litigation Review.

Phillip E. Kalamaros is a partner with Hunt Suedhoff Kalamaros LLP. He is licensed in Indiana and Michigan, and divides his practice between the two states. He has a broad litigation practice, including all types of Professional Malpractice, D & O, E & O, Coverage, Premises, Products, and General Tort Defense, Worker’s Compensation and Business Planning. He is a graduate of the University of Notre Dame (BBA 1984, JD 1987.) He is a past Amicus Committee chairman and Director of Defense Trial Counsel of Indiana. He is a director of the Indiana Continuing Legal Education Forum, and a Life Fellow of the Indiana Bar Foundation. He is a member of the Defense Research Institute, the Defense Trial Counsel of Indiana, the Michigan Defense Trial Counsel, the National Council of Self Insured’s, the Notre Dame Law Association, the Seventh Circuit, St. Joseph County, Berrien County, Indiana State and Michigan State Bar Associations.

Kori L. McOmber received her Bachelor of Arts in International Studies from Miami University in 1998, and received her Juris Doctorate in 2001 from Indiana University Robert H. McKinney School of Law. She currently focuses her practice in the defense of hospitals, physicians, and other healthcare providers in medical negligence claims. She also represents both insureds and insurance companies in insurance coverage matters. Ms. McOmber also defends corporations in product liability suits. She represents clients in both federal and state court, and is licensed to practice in Indiana and before the Federal District Courts for the Northern and Southern Districts of Indiana.

Nicholas Levi is a partner in the Indianapolis office of Kightlinger & Gray, LLP. His practice encompasses all areas of civil tort litigation, with particular emphasis on product defect and construction litigation. He has experience working with insurance companies, manufacturers, national retailers, and utilities in the defense of all manner of tort claims. He is a member of several legal and professional organizations, including the Defense Research Institute (DRI), Defense Trial Counsel of Indiana (DTCI), and the Indianapolis Bar Association. In 2009, 2010, and 2011, he was selected for inclusion in the Rising Stars list published in Indiana Super Lawyers®.

Kevin C. Schiferl is a trial attorney concentrating his practice in product liability litigation and mass tort, defending corporations and individuals in personal injury claims involving automobiles and other consumer products. He is also engaged in the defense of professional liability and business claims. With over seventy-five (75) jury trials and hundreds of bench trials and hearings, Kevin is one of Indiana’s most active litigators. Beyond his trial work, he maintains an active appellate practice, having had involvement in over fifty (50) published cases from Indiana, Ohio, Illinois, West Virginia and Texas.

Thomas R. Schultz is a seasoned trial attorney throughout the state of Indiana in both federal and state courts with almost 50 jury trials to his credit and numerous bench trials. He has also argued and presented briefs to the Indiana Court of Appeals and the Seventh Circuit Court of Appeals. Mr. Schultz is a member of the DRI and the IBA. He currently serves as the Indiana State Representative of the DRI, the international organization of attorneys defending the interest of business and individuals in civil litigation. He is also Past President of the DTCI, the largest organization of civil defense trial lawyers in the state. He also serves as Treasurer of ABOTA, Indiana Chapter, and is a member of the International Association of Defense Counsel. He has been recognized as one of the top Indiana lawyers by being named as a "Super Lawyer" for the last three years. He is a member of and the state representative for Council on Litigation Management.

Maggie L. Smith has been recognized as one of the "Best Lawyers in America" in the field of Appellate Practice. She has been involved in hundreds of appeals, and has represented businesses, individuals, and groups in all types of appellate proceeding at every level of the state and federal appellate courts, and also has significant experience representing amicus curiae parties before Indiana's appellate courts. Prior to entering private practice, she served as a judicial law clerk with the Indiana Supreme Court and was an Adjunct Professor of Law at Indiana University, teaching legal writing and reasoning and appellate advocacy. Maggie has been actively involved in drafting the Indiana Appellate Rules, is a leader in the state and national appellate practice communities, and is a frequent presenter on appellate topics.

Robert B. Thornburg is a trial attorney who has tried more than 25 jury trials to verdict, including product liability, breach of warranty, lemon law, premises liability, and automobile negligence cases. He has also tried at least 30 bench trials and arbitrations. Mr. Thornburg has experience in Indiana State and Federal courts and in several other jurisdictions. He has also testified before the Indiana Legislature on issues of importance to Indiana insurers. His leadership roles in DTCI include Product Liability Section Chair and Board Member.

Hon. Heather Welch is a judge in the Marion Superior Court, Civil Division 12. She is an active member of the Indianapolis Bar Association, Indiana State Bar Association, American Bar Association, National Association of Women Judges, American Judicature Society, American Inn of Court Sagamore, Indiana Judges Association, Indiana Judicial Center, and Marion County Bar Association. She completed the Indiana Graduate Judges Program in 2007 and the John Krauss Public Policy Mediation Training in 2010. She received the ABOTA “Trial Judge of the Year Award” in 2011 and the Indiana Lawyer Leadership in Law “Distinguished Barrister” in 2012. She currently serves on the advisory committee for the National High School Mock Trial Competition, the Catholic Charities Spirit of Service Development Committee and the Dynamo FC Soccer Board.

DTCI PAST PRESIDENTS ROUNDTABLE

1997Marty Hollingsworth

Bingham Greenebaum Doll

1999John TrimbleLewis Wagner

2008Jeff McKean

McKean Law Firm

2009Tom Schultz

Schultz & Pogue

2010Mary ReederReid Hospital

Page 2: Speakers SEMINAR CHAIR DEFENSE TRIAL COUNSEL OF INDIANA · appellate advocacy. Maggie has been actively involved in drafting the Indiana Appellate Rules, is a leader in the state

IMPORTANT INFORMATION

DATE: Friday, April 19, 2013

PLACE: The Montage at Allison Pointe 8580 Allison Pointe Blvd. Indianapolis, IN 46250 317-863-8354 www.themontage.info

COST: $150 DTCI Members $200 Non-members* $100 Paralegals

*Non-member fee includes first year free membership to DTCI. Please check “join” on the registration form. This signifies that at least 50% of your practice is in the “defense” of civil litigation matters.

* Registration is available on-line at www.dtci.org

CLE: 8.0 credits (pending approval) Includes 1.0 ethics (8.0 new lawyer credits for newly admitted lawyers)

REFUNDS: No refunds will be made on cancellations received after April 5, 2013. Registration may be transferred to another DTCI member with notice.

HOTEL: DTCI does not have a contract with a hotel. Should you need overnight accommodations, here is a list of several that are nearby.Keystone at the Crossing: Marriott North, Sheraton, Hyatt Place, Town Place Suites, Homewood Suites by HiltonCastleton: Jameson Inn

QUESTIONS: Lisa Mortier 317-580-1233 [email protected]

AGENDA

7:45 – 8:15 Registration and Continental Breakfast

8:15 – 8:30 “First Audition” Opening Remarks Michael Knight Nationwide Mutual Insurance Company

8:30 – 9:15 “Setting the Stage” Pre-suit Investigation & Management Joe Alberts Dow AgroSciences

9:15 – 10:00 “Learning Your Lines” How to Evaluate a Case Kori McOmber Schultz & Pogue, LLP 10:00 – 10:15 “Take Five” Break

10:15 – 11:00 “Dress Rehearsal” Depositions for Fun & Profit Phil Kalamaros Hunt Suedhoff Kalamaros, LLP

11:00 – 11:45 “Contract Negotiations” ADR & Mediation Tom Schultz Schultz & Pogue, LLP

11:45 – 12:30 “Thanking the Academy” Voir Dire Basics Rob Thornburg Frost Brown Todd, LLC

12:30 – 1:45 Lunch and Panel Discussion DTCI Past President Panel Discussion

1:45 – 2:30 Working with Technical Experts Nick Levi Kightlinger & Gray

2:30 – 3:15 “The Show Must Go On” Appellate Practice Maggie Smith Frost Brown Todd, LLC

3:15 – 3:30 “Take Five” Break

3:30 – 4:30 “Rolling Out the Red Carpet” Trial Tactics Kevin C. Schiferl Frost Brown Todd, LLC 4:30 – 5:30 “Sharing the Spotlight” Ethics in the Courtroom Hon. Heather Welch Marion Superior Court 5:30 – 6:30 “That’s a Wrap!” Cocktail Reception Network with DTCI Board Members & Sponsors

REGISTRATION

MEMBER $150

NON-MEMBER $200

PARALEGAL $100

______________________________________________ Full Name ______________________________________________ First Name for Badge ______________________________________________ Firm ______________________________________________ Attorney # ______________________________________________ Address ______________________________________________ ______________________________________________ Phone ______________________________________________ Email

______________________________________________ First Year in Practice

JOIN No additional Charge

I devote at least 50% of my practice is in the “defense” of civil litigation matters.

I AGREE to abide by the by-laws of this Association and am willing to work on behalf of the DTCI and defense bar. I understand that my membership is provisional until final approval is given by the Board of Directors. ______________________________________ Signature

Mail completed form with check to:

Defense Trial Counsel of Indiana9505 Copley Dr.

Indianapolis, IN 46260