DTCI Substantive Law Section Seminars

Date: 06/16/2022

Start Time: 2:00 pm

End Time: 5:00 pm

Location: Physical


2:00 – Business Litigation / Health Care – Analysis Paralysis – Sift Through ESI During Litigation in Investigations

Presentation Description: The explosion of discoverable electronically stored information (ESI) in litigation and investigations isn’t just marketing fluff from eDiscovery vendors. Microsoft Teams went from 20 MM users in 2019 to over 110 MM in 2021 – and that’s to say nothing of the increased use in email, texting, Slack, Zoom, SharePoint, OneDrive, and more. Consequently, it’s never been more important for counsel to apply defensible processes while being mindful of the client’s legal budget. This presentation will discuss different types of ESI, as well as considerations for “DIY” solutions and partnering with a vendor.

 Speaker: Ray Biederman, Proteus Discovery Group

3:00 – Insurance – Advances in Forensic Investigation

This course will discuss the innovative tools and technology that are currently used in forensic engineering and forensic accident reconstruction, including Black Box Data, Photogrammetry, 3D Scanning, and Headlight Mapping. Examples and insights will be discussed through a series of case studies to describe their functions from inspection to trial.

Speaker: Karla Petroskey, PE, MSE

4:00 – Product Liability – Defense Strategies for Failure-to-Warn Claims in Chemical Products Litigation

Presentation Description:  Chemicals are an integral part of everyone’s life. From personal grooming to industrial cleaning products to automotive fuels and lubricants, we are all in some way dependent on products that contain hazardous chemicals, which may pose multiple hazards. While manufacturers, distributors, importers and retailers may take steps to ensure safety associated with their products, behaviors and actions of consumers, users, employees and employers are outside their control. Incidents, such as fires, explosions, toxic exposures, and undesired reactions can occur and lead to various claims. It is thus important that internal and external defense teams are equipped with the resources and means to handle chemical product incident claims in the most effective manner.  One of the most common claims in chemical product liability lawsuits is the ‘failure-to-warn’ claim. The allegations range from failure of a chemical product packaging or safety data sheet to meet the regulatory requirements to the wording, format and explicitness of the warning messages provided by the manufacture, supplier or distributor. This presentation is geared toward understanding the strategies to address the common ‘failure-to-warn’ claims from both consumer and industrial perspectives. Various case studies will be discussed as examples in this presentation.

Speaker: Sunil D. Lakhiani, Ph.D., P.E., CSP (Exponent Inc., Human Factors Practice)

5:00 – 6:00pm Reception

Dinsmore & Shohl 211 North Pensylvania Street, Indianapolis