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(Click on People's Pictures Below to Read their Biographies) _____________________________________________________________________________________ Plenary 1: STAYING THE COURSE IN STRONG CURRENTS: SAYING NO TO THE CEO AND THE ART & ETHICS OF ADVISING STRONG CORPORATE CLIENTS Occasionally clients need to be told by their attorney that they are incorrect, that their course of action needs to be changed, or that they need to self-report a rule violation. This task becomes more difficult when the client, or client’s top executive, is particularly strong- willed and opinionated. This experienced and lively panel will address these situations from both the inside and outside counsel perspectives.
Paper in PDF / Word Slide Presentation _____________________________________________________________________________________ Plenary 2: WHO’S ON THE CLIENTS’ TEAM: HOW OUTSIDE COUNSEL GETS PICKED AND WHY THEY GET CUT Experienced General Counsel from private industry and government agencies discuss how they decide to engage outside counsel, the selection criteria they use to choose their team, and what events would trigger a reassessment of those decisions. Hear from the decision–makers why a client would hire a firm, and learn from their experiences how to find a good fit. This session will offer a lively panel with illustrative examples.
Paper 1 in PDF / Word Paper 2 in PDF / Word Slide Presentation _____________________________________________________________________________________ Workshop A: TESTING THE GOVERNMENT CONTRACTING WATERS: WHAT EVERY CONSTRUCTION COUNSEL NEEDS TO KNOW ABOUT THE DANGERS OF THE FALSE CLAIMS ACT Experienced government contractors sometimes find themselves in violation of the Federal False Claims Act. As more construction companies make the transition from serving the private sector to performing work on publicly-owned or publicly-funded projects, their counsel needs to know what constitutes a “false claim” and the significant dangers their clients face for violating the False Claims Act.
Paper in PDF / Word Slide Presentation _____________________________________________________________________________________ Workshop B: STRAYING OFF COURSE: WHAT YOU DON’T KNOW CAN HURT YOU WHEN WORKING ACROSS STATE LINES Growing a business from in-state to out-of-state projects can bring unforeseen risks and may require modifications in customary business practices. This panel will discuss issues that frequently vary from state to state, including professional licensing, lien enforcement, indemnification, and ethical issues arising from providing legal advice to be applied in sister states.
Paper in PDF / Word Slide Presentation _____________________________________________________________________________________ Lunch Speaker
Plenary 3: ALL TOGETHER NOW: INNOVATIVE CONTRACTUAL COLLABORATION WITH DISPUTE REVIEW BOARDS Contractual project management structures have evolved to establish cost-effective collaboration as a mode replacing expensive adversarial positioning. DRBs offer tools for real-time dispute avoidance and claims mitigation. Historic evidence demonstrates a dramatically reduced process cost and an enhanced project atmosphere. Sound too good to be true? These leading experts will bust myths about DRBs, and will explain what makes them so effective.
Paper 1 in PDF / Word Paper 2 in PDF / Word Paper 3 in PDF / Word Attachment 1 in PDF Attachment 2 in PDF Slide Presentation _____________________________________________________________________________________ Workshop C: THE RIGHT FLOTATION DEVICE: CHANGES IN INSURANCE AND SURETY PRODUCTS TO KEEP UP WITH INNOVATIVE CONTRACTING METHODS Construction participants have embraced new technologies and new project delivery methods such as integrated project delivery. The insurance and surety industry is adapting to these changes with new products, coverages, and exclusions. This panel will introduce some of these innovative coverages and address how construction counsel can best advise their clients.
Paper 1 in PDF / Word Paper 2 in PDF / Word Slide Presentation _____________________________________________________________________________________ Workshop D: CHARTING A COURSE AND LEAVING A WAKE: HOW RECORD RETENTION PRACTICES, BOTH ELECTRONIC AND PAPER, EFFECT DISCOVERY AND THE COST OF LITIGATION From planning and design through substantial completion and commissioning, construction projects generate enormous documentary trails. Document management practices have a dramatic affect on the cost and manner of subsequent litigation or arbitration. This panel will discuss how advance planning can impact the cost and effort involved in future discovery obligations. Recent case decisions have imposed sanctions on litigants for failure to observe litigation holds, or to retain project records. This panel will offer practical advice on how to handle e-discovery, protect privileged communications, and effectively manage the massive data generated by construction projects.
Paper in PDF / Word Slide Presentation _____________________________________________________________________________________ Plenary 4: STAYING ON AN EVEN KEEL: AVOIDING PROBLEMS ON GREEN PROJECTS Sustainable building management practices have become the standard objective for good design and construction. This panel offers concrete advice for grappling with contracting issues arising from compliance with sustainable construction standards, minimizing community disputes over energy transmission, distinguishes among various rating systems for sustainable projects, and offers options when local building codes conflict with sustainability requirements.
Paper 1 in PDF / Word Paper 2 in PDF / Word Slide Presentation _____________________________________________________________________________________ Workshop E: CUTTING THROUGH INTERNATIONAL WATERS: CROSS-BORDER DISPUTE RESOLUTION In the new global economy, the landscape is changing rapidly in international dispute resolution. Players in an international market need to be cognizant of jurisdictional issues, including choice of law, choice of venue, and choice of procedural rules. The panel will also discuss considerations when engaging foreign local counsel, and the exercise of due diligence during the formation of the contracts.
Paper 1 in PDF / Word Paper 2 in PDF / Word Slide Presentation _____________________________________________________________________________________ Workshop F: WHO IS ALLOWED ON THE DOCK? WHAT CONSTRUCTION COUNSEL NEED TO KNOW ABOUT E-VERIFY AND IMMIGRATION ENFORCEMENT Changing political tides and continued focus on high unemployment levels bring greater scrutiny to the nationality of workers in the construction industry. The landscape of immigration laws affects all levels of the construction industry. This panel will provide lively discussion of what every construction lawyer needs to know about e-verify and immigration enforcement.
Paper in PDF / Word Attachment 1 in Word Attachment 2 in Word Attachment 3 in PDF Slide Presentation _____________________________________________________________________________________ Plenary 5: HEADING TOWARDS THE HORIZON: WHERE TOMORROW’S CONSTRUCTION DOLLARS ARE HEADING Although the construction industry has recovered somewhat, the turnaround remains fragile and fragmented. Two of the industry’s leading economists discuss the recent construction downturn and current recovery. Their observations will give counsel insight into which segments of the construction industry are lagging and which are set to increase greatly.
Slide Presentation _____________________________________________________________________________________ Diversity Lunch Speaker
Friday Afternoon: CONSTRUCTION LAW PROGRAM FOR STATE AND LOCAL GOVERNMENT ATTORNEYS AND UNIVERSITY COUNSEL – CO-SPONSORED BY THE ABA GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION What are the key issues that a government attorney or counsel should address regarding risk allocation, project administration, claims management, LEED or other sustainable construction practices, insurance options, and contract drafting and dispute resolution? The panelists represent a spectrum of construction practice experiences, including current and retired university general counsel, government attorneys and private practitioners. They share their collective experience so that local government entities and universities can enhance their construction contracting options. This half-day conference will be interactive.
Segment 1 Outline in PDF / Word Segment 2 Outline in PDF / Word Segment 3 Outline in PDF / Word Slide Presentation _____________________________________________________________________________________ |
