Agenda

Webinar instructions will be emailed before the date of the webinar.

Log into Webinar:                8:00 – 8:30 am EDT
Morning Session:                8:30 am – 12:15 pm EDT
Break:                                 12:15 – 1:15 pm EDT
Afternoon Session:             1:15 – 4:30 pm EDT

Contract Law Primer for Engineers
M. Wagner, Jr.

   Reviewing the necessary elements of any contract
   Understanding contract “legalese”
      • Determining performance
      • What constitutes a breach of contract?
      • What are damages and remedies?
      • Liability-shifting contract provisions: warranties, guarantees and indemnities
   Making changes to contracts

Professional Liability Law
J. Smith

   Reviewing the grounds for professional liability claims
   Identifying who can bring a claim
   Examining common sources of professional liability claims
   Reviewing defenses to liability claims
   Determining damages
   Participating in dispute resolution: arbitration, mediation, litigation
   Obtaining Insurance coverage for professional liability claims

Cyber Security Issues for Engineers
S. Pollock

   Rapidly evolving legal landscape regarding data security and cybersecurity
   Cyber security threats and business exposure to data breaches
   Anatomy of a data breach or cyber-attack and the spectrum of possible responses
   Examples of actual cyber events, with lessons learned from those events

Complying with Rules of Professional Conduct
R. Kelly

   Sealing of documents
   Standards for responsible charge of engineering work
   Unauthorized practice of engineering
   National Society of Professional Engineers’ Code of Ethics

Handling Ethical Issues
in Professional Engineering Practice
E. Saboura-Polkovotsy

   Promoting health and welfare vs. managing risk: complementary or conflicting duties?
   Protecting the environment: meeting or exceeding legal requirements
   Watching the bottom line: identifying and
      balancing economic pressures in design and construction
   Integrating new technologies: identifying and balancing the benefits and risks

Professional and General Liability Insurance for Engineers
E. Saboura-Polkovotsy

   Understanding business insurance coverage:
      general liability vs. professional liability policies
   Additional insureds: obtaining certificates of insurance
   Understanding insurance policies:
      • Indemnities
      • Assignment
      • Insurance availability
      • Warranties, guarantees and certifications
   Recognizing and responding to claims

Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements: 
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection:
 Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

Credits

This course offers Maryland engineers
6.5 PDHs, including 1.0 ethics hour and
1.0 professional conduct hour.

Continuing Education Credit Information

This webinar is open to the public and offers Maryland professional engineers 6.5 PDHs, including 1.0 ethics hour and 1.0 professional conduct hour. One of those hours can be applied to the general CPC requirement. HalfMoon Education is an approved continuing education provider for engineers licensed in Maryland. Individual courses are not subject to preapproval.

Professional engineers seeking professional development hours in other states may be able to claim the hours earned for this webinar. Refer to specific state hours to determine eligibility.

Completion certificates will be awarded to participants who complete this event, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

Speakers

Robert N. Kelly

Shareholder with Jackson & Campbell, P.C., in Washington, DC

Mr. Kelly joined Jackson & Campbell, P.C. from the Department of Justice in 1988. He became a Director in 1992 and a Shareholder in 1993, and is a member of the Firm’s General Litigation and Trial Practice Group. He has been appointed a Fellow of the American Bar Foundation, is rated AV-Preeminent™ by Martindale-Hubbell, and has received the coveted Super Lawyer designation for Washington, D.C. in the fields of professional liability, general litigation, and insurance coverage annually beginning in 2012. He is included on the Roster of Neutrals of the American Arbitration Association (AAA) for construction disputes, and serves as an arbitrator and mediator in disputes brought to the AAA for resolution.

He serves as a volunteer arbitrator with the D.C. Bar’s Attorney/Client Arbitration Board, is a Steering Committee member of the Litigation Community of the District of Columbia Bar, and is a member of the Steering Committee of the Construction Law Section of the Maryland State Bar Association. In 2015 he was elected a Fellow of the American College of Coverage and Extra-Contractual Counsel. Mr. Kelly’s practice has concentrated on the counseling and defense of clients in litigation arising out of construction defect and delay claims, professional liability claims (particularly those brought against architects, engineers and social services providers), environmental and toxic tort disputes (including asbestos, gasoline spills, and interior mold claims), pharmaceutical product liability claims and serious bodily injury and wrongful death claims. He also assists insurance companies in resolving coverage questions arising under general liability and professional liability policies in those and other areas of the law, and represents insurers in coverage litigation.

Like any litigator, he has had occasion to take on cases in other areas as far afield as those involving employment discrimination, public charity tax issues, and tort suits against adoption agencies. A member of the District of Columbia, Maryland, and Florida bars, Mr. Kelly’s practice is centered in the regional D.C., Maryland, and Virginia state and federal courts, but he has been admitted pro hac vice to the courts of virtually all other east coast states, and in a good number of western states including Arizona, Montana, Texas, and Wyoming. In addition to his trial work, Bob has represented clients in appeals in several states, including briefing appeals to the Supreme Courts of Delaware, South Carolina, and Texas, and briefing and arguing appeals to the Supreme Courts of Virginia and West Virginia, the Court of Special Appeals of Maryland, and the U.S. Courts of Appeal for the Third, Fourth, Fifth, and Eleventh Circuits. Before coming to Jackson & Campbell, Mr. Kelly was a Senior Trial Attorney with DOJ’s Civil Division (Torts Branch) defending environmental and toxic tort (asbestos) claims brought against the United States under the Federal Tort Claims Act.

He also maintained a significant admiralty and maritime tort caseload. In 1987, he joined the Adjunct Faculty of the Washington College of Law at The American University, where he taught legal writing for seven years. He received a Bachelor of Science in Engineering in civil engineering from Princeton University in 1974 and a J.D. from the University of Miami School of Law in 1977. Mr. Kelly speaks and publishes frequently on litigation and insurance coverage topics, and currently is most active in the Construction Law Section of the Maryland State Bar Association, and the Litigation Section of the District of Columbia Bar. He is a past Vice Chair of the Insurance Litigation Committee of the American Bar Association’s Tort Trial & Insurance Practice Section (TIPS).

He authors and provides annual updates to the chapters on District of Columbia law in two highly regarded treatises, the “Tort Law Desk Reference” and the “Product Liability Desk Reference.” He wrote the chapter on Post-Evidentiary Actions and Relief from Judgments and Orders for inclusion in the D.C. Bar Association’s most recent (2014) update to its “Civil Trial Practice Manual,” as well as the post-trial (appellate) chapter in the recent reissuance of “Appleman’s on Insurance,” a nationally recognized treatise on insurance coverage law. He also has been principally responsible for updating the DC Bar’s Litigation Section’s chapter on Superior Court Civil Practice in “The District of Columbia Practice Manual.”

Spencer Pollock

Niles, Barton & Wilmer, LLP

Spencer S. Pollock, Esq., CIPP/US, CIPM is an attorney in the Corporate and Litigation Departments at Niles, Barton, & Wilmer, LLP, concentrating his practice in date security, cybersecurity, and privacy law. As an attorney, Certified Information Privacy Professional (CIPP-US) and Certified Information Privacy Manager (CIPM), Mr. Pollock assists clients in navigating and complying with the applicable state, federal, and international data security, cybersecurity, and privacy laws and regulations. Further, he performs the necessary due diligence on the client’s third-party service providers to assess and confirm their compliance with these laws and regulations. In the event of a data breach, Mr. Pollock analyzes and determines the applicable laws impacting clients and assists each with all the necessary steps to stay compliant to avoid fines, penalties, and potential regulatory investigations and civil lawsuits.

Elias Saboura-Polkovotsy

Beiramee & Saboura

Beiramee & Saboura, BethesdaMr. Saboura-Polkovotsy is a practicing litigation and trial attorney. He litigates complex commercial, business, malpractice and professional regulatory matters throughout Maryland, Virginia and the District of Columbia. Over the past 15 years, Mr. Saboura-Polkovotsy has defended professionals in all types of professional liability matters arising out of alleged errors and omissions related to professional services in a wide range of professions including, attorneys, architects, engineers, design professionals, real estate professionals and healthcare professionals. He has also represented professionals with respect to peer review and other disciplinary matters and advised them in various other regulatory compliance matters. Prior to Beiramee and Saboura, P.C., Mr. Saboura-Polkovotsy was a shareholder at a 30+ attorney civil litigation and insurance defense firm in the Washington Metropolitan area. Prior to law school, he served as the director of International Sales and Marketing for a primary contractor to the US Department of Defense.

Jason Smith

Partner at Seyfarth Shaw LLP, Washington D.C.

Mr. Smith is co-chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics’ liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and he has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.

Michael Wagner

Seyfarth Shaw LLP

Michael E. Wagner, Jr is an Associate at Seyfarth Shaw, LLP. He regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mr. Wagner’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3). He has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes. Prior to becoming an attorney, Mr. Wagner worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy- civil, highways, utilities, and other public infrastructure work.

Streamable MP4/PDF Price: Original price was: $279.00.Current price is: $223.20.