Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:45 am

Lunch (On your own):       11:45 am – 12:45 pm

Afternoon Session:           12:45 – 5:00 pm

Complying with Rules and Regulations             K. Pantelidis
On the Practice of Professional Engineering

   Defining the practice of professional engineering

   Powers and duties of the New York State Education Department

   Requirements for licensing and renewal

   Grounds for disciplinary action

   Procedure for investigation and hearing

   Reviewing the types of disciplinary actions

Handling Ethical Issues          G. Kelly

   Managing confidentiality and complying with reporting

   Potential liability for environmental engineers underenvironmental law

   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 balanc ingeconomic pressures in design and construction

   Reviewing ethics case studies and hypotheticals

Ethics in Procurement          M. Pawluk

   Landscape: Contracting with public-sector entities

   Procurement lobbying laws

   Government ethics and lobbying laws- compliance and pitfalls

Law of Engineering Malpractice          D. Edwards

   Current state of professional liability law

   Common sources of professional liability claims

      • Breach of contract, negligence, misrepresentation, strict liability, fraud

   Defenses to liability claims

   Determining damages

   Participating in dispute resolution: arbitration, mediation, litigation

   Insurance coverage for professional liability claims

Reviewing Contracts for Design Services          G. Lankford

   Identifying parties to the contract

   Reviewing key contract provisions

   Negotiating contract terms

   Making contract changes/modifications

   Resolving contract disputes

Intellectual Property Essentials for Engineers          S. Nonkes

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

      • Securing international patent protection

   Leveraging your intellectual capital through licenses,and other technology agreements

   Resolving intellectual property disputes

Professional and General Liability Insurance          D. Edwards

   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

Credits

This seminar is open to the public and offers 7.0 PDHs, including1.0 ethics hour, to New York professional engineers. HalfMoon Education Inc. is an approved continuing education sponsor for engineers in New York (NYSED Sponsor No.35).

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 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

David J. Edwards

Partner, Harris Beach PLLCMr. Edwards practices in the Business and Commercial Litigation, Construction and Surety Law and Intellectual Property Practice Groups. He handles a broad range of disputes in state and federal courts, focusing on commercial disputes, construction litigation, intellectual property disputes, surety defense, insurance coverage disputes, and product liability matters. Mr. Edwards has represented clients across many industries, including the electrical components and mining industries, as well as electrical contractors, mall developers and builders of waste water treatment plants.He has also successfully represented a number of municipal bodies whose actions and decisions have been challenged in the courts.

Gene Kelly

Attorney, Harris Beach PLLCMr. Kelly is senior counsel to the firm. He practices in the Environmental Law and Government Compliance and Investigations Practice Groups. Prior to joining Harris Beach, Mr. Kelly was the regional director of Region 4 of the New York State Department of Environmental Conservation (DEC), where he directed all aspects of the operation. He is an experienced environmental lawyer with intimate knowledge of the workings of local, state and federal agencies, including the New York City Department of Environmental Protection; the New York State Departments of Environmental Conservation, Transportation, and State; the Empire State Development Corporation; the United States Environmental Protection Agency; Army Corps of Engineers; and the U.S. Department of Justice. Prior to serving as DEC Region 4 regional director, Mr. Kelly served for 10 years as an assistant attorney general in the Environmental Protection Bureau of the New York State Office of the Attorney General. He retired in 2013 at the rank of Lieutenant Colonel from the U.S. Marine Corps.

Gavin M. Lankford

Partner, Harris Beach PLLCMr. Lankford practices in the Construction and Surety Law Practice Group and the Business and Commercial Litigation Practice Group. He handles contract disputes between and among owners, general contractors, subcontractors, and construction managers. Mr. Lankford has handled a broad range of construction-related disputes, including contractor defaults, delay claims, design and construction defects, bid challenges, and mechanics’ lien claims. He has litigated construction disputes in all of the federal courts in New York as well as the appellate level, and he has drafted a number of multi-million dollar construction contracts. Mr. Lankford co-authored a chapter for the AGC Contract Documents Handbook, which analyzed AGC Document No. 530: Standard Form of Agreement between Owner and Architect/Engineer.

Steven P. Nonkes

Attorney, Harris Beach PLLCMr. Nonkes practices in the Intellectual Property Law, Business and Commercial Litigation, Construction and Surety Law, and the Government Compliance and Investigations Practice Groups. He is also a member of the firm’s e-discovery practice, e-infoSM. Mr. Nonkes has worked on a variety of intellectual property matters, including patent, copyright and trademark litigation, Internet domain name disputes, as well as patent and copyright assignments and licensing agreements. Mr. Nonkes has also worked on general litigation matters including state and federal court appeals, construction contract disputes and business contract disputes. Mr. Nonkes has an electrical engineering background.

Kriton A. Pantelidis

Attorney, Harris Beach PLLCMr. Pantelidis concentrates his practice in the area of construction and commercial litigation. He defends various entities (manufacturers, import/export companies, construction contractors, and design firms) in complex disputes involving bodily injury, property damage, and economic loss. Present cases of note include defending against a multi-million dollar business interruption/engineering malpractice claim involving a billion dollar construction project at the United Nations and the defense of a breach of contract action which alleges construction/design defects and the use of improper materials. Prior to joining Harris Beach, cases of notoriety included both the New York City 51st Street and 91st Street crane collapses. The former engendered an economic loss suit by the developer’s bridge loan lender. The latter (where he represented the crane-installation engineer) involved a number of personal injury and property damage claims including two wrongful death actions. Mr. Pantelidis is a member of the Structural Engineers Association of New York.

Mitchell Pawluk

Attorney, Harris Beach PLLCMr. Pawluk is an attorney practicing in Harris Beach’s Government Compliance and Investigations Practice Group. He is also a member of the firm’s E-discovery Practice Group and serves on the Energy, Racing and Gaming, and USA Collegiate Sports Industry Teams. Mr. Pawluk’s areas of focus include assisting clients in highly-regulated industries navigate New York state’s complex regulatory structures, conducting internal corporate investigations, and advising clients in the fields of government ethics, lobbying compliance, energy, racing and gaming. He has experience in matters involving the U.S. Attorney’s Office, Office of the New York State Attorney General, New York State Gaming Commission, New York Public Service Commission, Joint Commission on Public Ethics, and a number of other state and federal agencies.