Check out our very special 30th Anniversary schedule!
Wednesday, September 27, 2023
5:00 – 7:00 pm: Networking Reception
Thursday, September 28, 2023
7:00 – 8:00 am: Continental Breakfast
7:50 – 8:00 am: Opening Remarks
8:00 – 8:30 am: Coverage Law Update
- A Comprehensive Discussion of the Key Environmental Coverage Decisions Rendered This Year
- The Potential Impact of These Decisions Next Year
- The Long-Term Potential Impacts of These Coverage Decisions
Charles Browning
Plunkett Cooney, PC
Bloomfield Hills, MI
8:30 – 9:15 am: Environmental Justice Considerations Affecting Environmental Requirements and Costs
- Review of Growth in Federal and State EJ Programs – States Not Implementing, Private Citizen Actions
- Policy/Underwriting Considerations
- Litigation of Environmental Justice Claims
- What Type of Claims – Nuisance, Trespass, Property Damage
- Who Brings Claims – Government, NGOs, Private Parties?
- Policyholders – How Affected by EJ Concerns and Claims
- Risk Management – Insurers Response to EJ Challenges
Adam Love
Roux
Oakland, CA
Matt Bures
Wolfe & Wyman LLP
Irvine, CA
Rob Petti
Maron Marvel Bradley Anderson & Tardy LLC
Chicago, IL
Joann Dickinson
Resolute Management, Inc.
Chicago, IL
9:15 – 10:00 am: Ethical Considerations in Litigation Funding
- Litigation Funding, What Is It?
- Proponents of Litigation Funding
- Critics of Litigation Funding
- Ethical Issues, Potential Regulation, and Experience
Daniel Furshpan
Rivkin Radler LLP
Uniondale, NY
Steve Schulwolf
Schulwolf Mediation, PLLC
Austin, TX
Giugi Carminati
LexShares
New York, NY
10:00 – 10:15 am: Break
10:15 – 11:00 am: Ethylene Oxide: Examining the Science and Regulations Driving EtO Litigation
- Technical Foundation – CCR Overview and Utility Disposal Practices
- Regulatory Background and Recent Developments
- Insurance Coverage Issues
- Questions/Discussion
Peter Kelso
Roux Associates, Inc.
Arlington, VA
Ryan Gillespie
Nationwide Insurance
Chicago, IL
Steven Hart
Hart McLaughlin & Eldridge
Chicago, IL
Catie Boston
Roux Associates, Inc.
Woburn, MA
David Fusco
K&L Gates LLP
Pittsburgh, PA
11:00 – 11:45 pm: Cancer Cluster
- Defining a Cancer Cluster
- Legal Considerations and ESG Concerns
- Medical Expert Analysis
Audrey Anyaele
Maron Marvel Bradley Anderson & Tardy LLC
Jersey City, NJ
Rob Dille
Maron Marvel Bradley Anderson & Tardy LLC
New Orleans, LA
Hung Cheung
Cogency Environmental, LLC
Baltimore, MD
11:45 – 12:15 pm: Climate Change Claims: From CO2 to CGL
- Current Trends in Climate Change Claims and Litigation
- Leading Ongoing National Cases re Liability Related to Climate Change from Pollution to ESG
- Insurance Coverage Issues Raised by Climate Lawsuits
Konrad Krebs
Clyde & Co US LLP
Philadelphia, PA
Yvonne Schulte
Clyde & Co US LLP
Los Angeles, CA
Dean Seman
Bardsley Law LLC
Paoli, PA
12:15 – 1:00 pm: Lunch
1:00 – 1:45 pm: PFAS: What Moves Do You Make in a Universe of Uncertainty?
- Regulatory Definition of PFAS
- Enforcement Discretion Impact on Regulation
- Legal Challenges to Proposed Regulations
- Viability of PFAS Litigation
- Coverage for PFAS Claims Under CGL, Professional Liability, and Pollution Policies
- Duty to Defend/Indemnify
Brian Gross
MG+M The Law Firm
Boston, MA
Max Swetman
MG+M The Law Firm
Boston, MA
Melissa Hamer
Kroger, Gardis & Regas, LLP
Indianapolis, IN
1:45 – 2:15 pm: The Spreading, Fate, and Implications of Wastewater-Derived Emerging Contaminants in Our Food and Water Systems
- Sources and Transport of Emerging Contaminants
- Shortcomings of Treatment and Regulatory Standards
- Legal Implications Facing Wastewater Treatment Facilities, Farmers, and Landowners
- Impacts of Wastewater Derived Contaminants
Jase Hixson, Ph.D.
August Mack Environmental, Inc.
Indianapolis, IN
Brianna Schroeder
Janzen Schroeder Ag Law LLC
Indianapolis, IN
2:15 2- 3:00 pm: A Judicial Perspective on Mass Tort Litigation
- Docket Trends
- Jury Pool Considerations
- Litigation Tips and Strategies
Judge Elizabeth McWilliams
Cook County Circuit Court Judge
Chicago, IL
Boarding Between 3:30 – 4:00 pm
Departs at 4:00 pm
Returns at 6:00 pm
FETTI Odyssey River Cruise Reception
455 N Cityfront Plaza Drive
Chicago, IL
(Business Casual Attire)
Friday, September 29, 2023
7:00 – 8:00 am: Continental Breakfast
8:00 – 8:45 am: Asbestos Litigation: Over-Naming, Trust Transparency and Other Developments
- Update on Asbestos Litigation Trends and Strategy
- Over-Naming in Asbestos Cases and Reforms to Address Over-Naming
- Defense Counsel Tools to Combat Over-Naming
Mark A. Behrens
Shook, Hardy & Bacon, LLP
Washington, D.C.
Mary Margaret Gay
Gay Jones & Kuhn PLLC
Jackson, MS
Fred Schaefer
Nationwide Indemnity
Wausau, WI
8:45 – 9:15 am: The Tale of Two Costs: Are Environmental RI/FS Costs Defense or Indemnity?
- Background of CERCLA Actions and RI/FS Expenses
- Overview of Different Approaches Used Nationwide to Classify RI/FS Expenses
- A Closer Look at Current Approaches Used in Key Jurisdictions
Jessica La Londe
Duane Morris LLP
San Francisco, CA
Christine Ross
Duane Morris LLP
San Francisco, CA
9:15 – 10:00 am: Going off the Rails
- Use of Interstate Transporting by Rail
- Realities of Interstate Rail Transportation
- Risks Associated with Rail Transportation of Hazardous Materials
John McMeekin
Rawle & Henderson LLP
Philadelphia, PA
10:00 – 10:15 am: Break
10:15 – 10:45 am: When It Rains It Pours…Mold, Stormwater, and Sediment Runoff Claims During Construction
- Construction Projects During Severe Weather Events
- Environmental Insurance Issues in the Context of Mold, Sediment, and Stormwater Runoff Claims
- Insurance Issues That Can Arise During Construction
Sandra Gaurin
The Vertex Companies LLC
Freehold, NJ
Sara Brothers
Great American Insurance Group
San Diego, CA
Robin Kelliher
USI
New York, NY
Brian Margolies
Kaufman Borgeest & Ryan LLP
Valhalla, NY
10:45 – 11:15 am: Are the Wat(t)ers Receding? WOTUS After Sackett
- WOTUS’s Tortured History
- Sackett v. EPA
- Impact of Sackett on EPA, Army Corp.
- Future Disputes?
Philip Watters
Rimkus
Houston, TX
Drew Silton
Beveridge & Diamond PC
Washington, D.C.
11:15 -11:45 pm: Emerging Coal Combustion Residuals (CCR) Coverage Issues and Regulations
- Technical Foundation – CCR Overview and Utility Disposal Practices
- Regulatory Background and Recent Developments
- Insurance Coverage Issues
Bill Joern
Hinkhouse Williams Walsh LLP
Chicago, IL
Bob Karls
Antea Group
St. Paul, MN
Tammy Moore
US EPA Region 5
Chicago, IL
11:45 -12:15 pm: Formaldehyde the Next Massive Environmental Concern
- Formaldehyde Uses and Historical Toxicology
- EPA’s Latest Draft Risk Assessment
- Formaldehyde in Average US Home Exceed EPA’s Proposal
- Implications for Industry if the EPA Assessment Finalized
Nicholas Rigano
Rigano LLC
Melville, NY
12:30 pm – 1:00 pm: Business Meeting
All times listed above are CDT.
Dress Code
The Union League Club is an elegant experience. All club members and their guests are asked to dress appropriately.
A relaxed, well-dressed look described as smart casual is welcomed throughout the club. This may include jeans, denim, and collarless shirts. Smart casual attire or better is permitted throughout the clubhouse with the following exception:
- In the Wigwam, during lunch and evening meals, the expected attire is business casual or better. (This includes collared shirts, turtlenecks, slacks, or skirts with a blouse or sweater. Dress denim is not considered business casual.)
Individual Event dress codes will be defined by each event (e.g., black-tie, white-tie, business, casual, etc.). Event notices will contain dress code requirements. If no dress code is stated, the expected attire by default is smart casual.