Quite a bit has occurred since my last message from the Division 1 Chair, which was just before the Fall 2022 Meeting in Memphis, TN. I will do my best to summarize the highlights but I wanted to start by saying HAPPY HOLIDAYS to all of Division 1's leaders and members. I hope you are able to take some time off and enjoy the holidays with your family and friends. I am very proud of what we have accomplished in 2022 and look forward to further collaboration with you all about construction litigation and dispute resolution into 2023 and beyond!
Fall Meeting -- Memphis, TN (Sept. 28-30)
The Peabody Hotel was awesome! The lobby was huge and very comfortable. Full of southern charm. The Forum Chair, Cary Wright, served as honorary duck warden (forget the real name). A video of that is below:
We had a great dinner at Itta Benna, a hidden away restaurant located at the top floor of BB Kings. Thanks to Mike Lane for scheduling this fabulous dinner and Breakwater Forensics LLC for sponsoring it. Here are some photos:
We held the first of the 3-part trial advocacy practicums in Memphis. They focused on jury selection. Jason Rodgers-da Cruz led the planning effort for this program. He was joined by Stu Sobel (last minute substitute due to Lu Prats having to deal with the Hurricane), Galina Davidoff, and Terry Brookie.
Our lunch program, planned by Brett Henson and Jade Davis, on early dispute resolution was postponed because they are both based out of Florida and were dealing with Hurricane Ian. We split up into different division lunches.
We held Division 1’s annual planning retreat in Memphis. We came up with a ton of excellent ideas for the concepts book and discussed some new ventures to try out. Thanks to everyone who attended!
Here are some other photos from the meeting.
Division 1 — Extreme Winds Program
Speaking of natural disasters involving wind, shortly after my last message, we held a fantastic virtual program on wind events. This was a technical program. It was very interesting and is full of videos. I recommend you watch it if you have not already done so. Thanks to Mike Lane for coordinating this program!
Division 1’s Toolbox Talk Series Programs - Sept, Oct, Dec
Just before the Fall Meeting, on September 22, 2022, we held a Toolbox Talk Series program on Ethical Conduct for Advocates and Neutrals (Rules and Remedies for Mediation Misconduct). Thanks to Patricia Thompson and Deborah Ballati for leading this discussion. Check out the video here:
We held Toolbox Talks in October and December as well. October’s was on the Design-Build Standard of Care and led by Thanh Do and Joel Heard (partnership with Division 4). I tagged along with Catherine Delorey and Mark Johnson for the December TTS on Strategies to Defeat or Mitigate Attorney’s Fee Prevailing Party Provisions.
Both were great programs. Kanita Williams, our most recent steering committee member, is going to lead the 2023 Toolbox Talk Series of programs. Thanks to all the volunteers who made these programs a success.
Division 1’s Arbitration Program with Division 8 - Nov. 10th
Division 1 and Division 8 agreed to collaborate on some programs. The first of the programs was a virtual program on arbitration comparing domestic vs. international practices. Pasha Ameli has been the D8 leader/liaison working hard to make these programs a success. He moderated the panel of speakers (R. Zachary Torres-Fowler, Marcus Salvatore Quintanilla, Merra Kurubalan, and Patricia H. Thompson). Thanks to Pasha, the speakers, and Division 8 for this program!
The Dispute Resolver Posts
I am assuming you know about the TDR posts if you are reading this message, but I would be remiss if I didn’t mention that the following has been posted on TDR since the Fall Meeting:
- D1 Neutral Feature - Robbie MacPherson
- View from the Field Part 5 - Field Labor Disruption
- Jurisdiction - Employee Training, Alone, May Subject You to a Foreign State’s Jurisdiction
- Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under Prompt Pay Act
- Contractual Claims Protection: A Checklist for Owners
- D1 Neutral Feature - John Bulman
- Twists and Turbines - A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery
I want to thank all of the authors, editors and contributors of TDR. After serving as the editor in chief of TDR for the past years, Catherine Delorey is going to hand-off the lead editor role to Marissa Downs. Thanks very much Catherine for your work for TDR. We launched some fun and different series since you have served as editor. Congrats Marissa and I look forward to working with you on TDR as well as the new editors we are bringing on board.
If anyone has an interest in being published in The Dispute Resolver, please reach out to Marissa Downs (mdowns@lauriebrennan.com) or Tom Dunn (rtdunn@pierceatwood.com).
Forum’s Midwinter Meeting — Feb 1-3, 2023 (Caribe Hilton Puerto Rico)
Join us at the midwinter meeting (just about 1 month away!). REGISTER HERE.
Joe Imperiale is leading the second practicum in the trial advocacy series on openings and direct examination. Arrive early so you can attend the practicum on Wednesday.
Marissa Downs is planning our social event which will be at the Casa Bacardi on Wednesday afternoon. Be on the lookout for the registration info for that program, but it will include a mixology class, a tour, and reception sponsored by our friends at Construction Discovery Experts.
Have a great end of 2022!
Tom Dunn, Division 1 Chair
rtdunn@pierceatwood.com
401-490-3418
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