Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 1:00 pm

Lunch (On your own):       1:00 – 2:00 pm

Afternoon Session:           2:00 – 4:45 pm

Types of Claims Against Engineers          A. Vicknair

   Negligence/tort claims

      • Duty, breach of duty, proximate causation, apportioning liability and damages

   Contract claimsDamages

      • Tort damages

      • Contract damages

   Miscellaneous issues that commonly arise

Adopting Strategies to Minimize Professional Liability Risk          S. Mason

   Understanding causes of professional liability claims

   Parties who can bring a claim for professional negligence

   Understanding the standard of care

   Understanding the law of damages

   Adopting strategies to minimize liability risk

Understanding How Contracts Can Reduce/Increase Risk          M. Rutledge

   An overview of contract law and key concepts

   Understanding contract formation and revision

   Recognizing liability exposure under contract

   Reviewing standard contract provisions and understanding their impact on risk

      • Guarantees, warranties and indemnities

   Understanding consequences for delay, disruption,
     nonperformance, inadequate performance

   Using contract terms to manage risk

Professional and General Liability Insurance for Engineers          E. Mullenbach

   Understanding business insurance coverage:
     general liability vs. professional liability policies

   Additional insureds: obtaining certificates of insurance

   Understanding insurance policies:

      • Indemnities and assignment

      • Insurance availability

      • Warranties, guarantees and certifications

   Recognizing and responding to design professional claims

   Limitations of liability

Intellectual Property Essentials:             L. Foster
Patents, Trademarks, and Copyrights

   Securing ownership of your designs through patents,
     trademarks, copyrights, and trade secrets.

   Leveraging your intellectual capital through licenses,
     franchises, and other technology agreements

   Resolving intellectual property disputes

Credits

This seminar is open to the public and offers 6.5 PDHs to Louisiana professional engineers. HalfMoon Education is an approved continuing education provider for Louisiana engineers (CPD Certification No. 0000075).

Louisiana engineers with continuing education requirements in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility, or contact HalfMoon Education for assistance.

Attendance will be monitored and reported, as required. Attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Lance Foster

Jones Walker LLP

Partner at Jones Walker LLPMr. Foster was registered to practice before the Louisiana Supreme Court in 1991. He practices in all areas of intellectual property law, including patents, trademarks, copyrights, trade secrets, and related litigation. He also provides intellectual property counseling for businesses. Mr. Foster also conducts substantial transactional work related to assigning or licensing rights in patents, trademarks, copyrights, or trade secrets.Mr. Foster’s patent prosecution practice includes water treatment systems, oil drilling technology, micro-machining technology, molecular electronics, neural networks, advanced data compression routines, and medical image enhancement software. Mr. Foster engages in substantial trademark prosecution and business counseling related to trademarks. He has a B.S. degree in Civil and Electrical Engineering, and received his J.D. degree from Louisiana State University.

Scott Mason

Plauché Maselli Parkerson LLP

Senior Counsel at Plauché Maselli Parkerson LLPMr. Mason’s practice includes the defense of litigation matters in a variety of areas, including products liability, premises liability, construction, and admiralty. He has extensive experience with writ and appeal practice in Louisiana state courts, and he has successfully obtained emergency writ relief for clients. He has also developed experience in handling complex litigation issues involving insurance coverage, preemption, commercial disputes, and preliminary injunctions. He has been selected by courts to serve as defense liaison counsel in class action and other complex litigation. Mr. Mason is involved with Defense Research Institute’s Alternative Dispute Resolution Committee, and has served as the Committee’s web page and social media chair. He has written articles for local and national publications on arbitration issues. Mr. Mason has participated in arbitration before the American Arbitration Association, and has successfully obtained orders referring cases to arbitration.

Erika Mullenbach

Salley Hite Mercer & Resor LLC

Partner at Salley Hite Mercer & Resor LLCMs. Mullenbach Cunningham is a partner at the firm and has a civil litigation practice handling cases in the areas of business and professional liability (architects and engineers), construction defects, toxic torts, insurance coverage and defense, and general civil litigation. She is admitted to practice in Louisiana, Pennsylvania and the District of Columbia. She received her law degree from Tulane University Law School, where she was a member of the Tulane Journal of Technology and Intellectual Property, and authored the Comment entitled “The Influence of Disease on the Evolution of U.S. Patent Law and Policy towards Foreign Patent Laws in the Late Twentieth to Early Twenty-First Century,” which has been cited in several briefs filed before the United States Supreme Court. Ms. Mullenbach Cunningham earned a professional certification in European Legal Studies while at Tulane Law. She is a graduate of Northwestern University in Evanston, Illinois, where she earned a Bachelor of Arts degree in Molecular and Cellular Biology.

Michael Rutledge

Salley Hite Mercer & Resor LLC

Partner at Salley Hite Mercer & Resor LLCMr. Rutledge is a partner in the firm, and his primary areas of practice include business and professional liability (architects and engineers), construction defect litigation, products liability and toxic tort cases, and commercial litigation. He heads up the firm’s Mississippi practice and has made appearances in 39 of Mississippi’s 82 counties. Mr. Rutledge is admitted to practice before all Mississippi and Louisiana state and Federal courts.He graduated cum laude from Creighton University and received his Juris Doctorate degree from Tulane University Law School. Mr. Rutledge is a member of the Mississippi Bar Association and the Louisiana Bar Association. He is a member of the Louisiana Bar Association Public Information Committee. Mr. Rutledge also regularly volunteers time with the Tulane Moot Court Programs. He is AV rated by Martindale-Hubbell.

Andrew G. Vicknair

Founding Partner at D’Arcy | Vicknair, L.L.C. in New Orleans, Louisiana

Mr. Vicknair worked as a software engineer for a major medical manufacturer and as an electrical engineer for a major chemical manufacturer prior to entering law school. He graduated from Louisiana Tech University with a BS degree in both Electrical and Biomedical Engineering and obtained his law degree from Loyola Law School in New Orleans. Mr. Vicknair has taught Louisiana Construction Law at Loyola law school as an assistant adjunct professor. He is licensed to practice law in the states of Louisiana, Texas and New York and is a licensed patent attorney. Mr. Vicknair regularly uses his prior work experience as a part of his legal practice. He is one of the founding partners at D’Arcy | Vicknair, L.L.C. His primary practice areas include construction law, construction litigation, surety law, and all phases of intellectual property, including litigation, prosecution, and transactional matters. Mr. Vicknair also practices in commercial litigation and claims related to construction defects, payment disputes, subcontractor claims, owner claims, and claims by general contractors. He lectures on construction law topics such as Louisiana lien law and general Louisiana construction law as well as intellectual property law topics, including trademarks, patents and copyrights.