Defense Digest

On the Pulse ... Other Notable Achievements

Gary Shendell (Ft. Lauderdale) was recently a keynote speaker at the UBS South Florida Roundtable Forum in Ft. Lauderdale, Florida.  Gary spoke on issues concerning auditor liability in the wake of Sarbanes Oxley, focusing upon the scope of the auditor's public watchdog function.  Gary presented a case analysis involving an audit disengagement from a public company resulting from a client who believed the auditor was overly skeptical about accounting methods used by the company to record accounts receivable.  While the company asserted that the auditor was being overly sensitive to his/her duty as a public watchdog, the auditor was required to follow the requirements of Section 10(A) of the Securities and Exchange laws.  In part II of the symposium, Gary focused upon legal malpractice liability that could arise from a lawyer's representation of an estate as the probate administrative lawyer.  Gary analyzed the scope of a probate administrator's duty to supervise the retention of other professionals on behalf of the estate, including special litigation counsel, accountants, tax preparers, financial planners, etc.

Gary also spoke as a faculty member at the ALI-ABA National Conference on Accountants' Liability in Coral Gables, Florida.  Gary lectured on strategies in defending the accountant's liability case in the public arena, reviewing both pre-trial and trial practice methods such as firm manuals, personnel files, experts and more.  Gary discussed utilizing effective techniques in deposition strategy, including creating inconsistencies between deposition testimony and Company SEC filings..."you're either lying in your testimony in this case or lying to the public in your SEC filings."  Gary also conducted a case review of a recent case he tried in the Southern Federal District Court in Florida which addressed themes such as the auditor's role as the watch-dog and whether it is possible for the auditor to be too skeptical.

Michael Orr (Jacksonville) was elected to the Florida Bar's Young Lawyers Division Board of Governors.  Michael won a three-week-long election for one of two seats on the statewide board.  He will represent the 4th Judicial Circuit, which encompasses Duval, Clay and Nassau Counties for a two-year term. 

Andrew Davitt (Philadelphia) recently spoke at the PLUS conference in Boston regarding the evolving roles of insurance agents and brokers.

Chuck Craven (Philadelphia) has accepted an appointment as the Chair Elect of the Appellate Advocacy Committee of the American Bar Association's Tort Trial and Insurance Practice Section (TIPS).  Chuck's one-year term will begin at the conclusion of the ABA's Annual Meeting this coming August.  He will then become the Committee's Chair for the 2007-2008 ABA corporate year.

Frank Brennan (Cherry Hill) recently presented a seminar entitled Investigative Concerns-Working Parallel with Law Enforcement and Public Agencies at the Insurance Committee for Arson Control (ICAC) annual educational conference in Savannah, Georgia.  The membership of the organization is SIU and Arson Investigators from all the major insurance companies and state and local fire marshals.

Steve Ryan (King of Prussia) was a panelist at a symposium sponsored by Temple Law School's Journal of Science, Technology and Environmental Law entitled The Open Source Model – Towards Life Saving Drugs and Beyond. This CLE program drew a national audience, and panelists included law professors from around the country who specialize in Intellectual Property Law. The topic related to proposals to make patented drug formulas available without fee – similar to what has been tried with computer software – to foster downstream innovation and greater accessibility to life saving drugs. Steve addressed the cost of new drug research and development and the cost of after-market tort liability as significant obstacles to the feasibility of these proposals.

Lary  Zucker (Cherry Hill) was a participant in the annual "AIMS" Safety Seminar in Dallas, Texas, sponsored by the Amusement Industry Suppliers and Manufacturers Association.  Lary participated in a mock trial of an amusement ride claim and a legal round table discussion involving amusement industry safety experts and consultants.  The mock trial was put on by IALDA, Inc., the International Association of Leisure Defense Attorneys, Inc.  IALDA, Inc. is an international organization of lawyers and claims professionals who focus their practice on defending and representing the amusement industry.  Lary was a charter member and former President from 1998 to 1999.  During this AIMS Conference, Lary also presented a three-hour seminar on depositions, discovery and documents for a group of Six Flags' Safety Directors representing Six Flag properties in the U.S. and Canada.

Nestor Smith (Cherry Hill) has been appointed to the position of Solicitor to the City Counsel of Atlantic City, New Jersey.  This appointment has a term of one year beginning January 1, 2006 and terminating on December 31, 2006.