Agenda

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

Please log into the webinar 15 – 30 minutes before the start time.

Wednesday, April 3, 2024
8:30 – 3:30 pm EDT

 

Developments in Federal and Maryland Environmental Law 
Presented by: Tom Prevas

  • Reviewing recent changes to and enforcement of:
    • Pollution prevention
    • Water quality enforcement
    • Stormwater permitting
    • Watersheds, wetlands, lakes and streams
  • Reviewing recent and anticipated developments at the US EPA, Maryland Department of Labor and local agencies

Artificial Intelligence for Engineers: A Risk/Benefit Analysis
Presented by: Suraj Vyas

  • Defining artificial intelligence (AI)
  • AI technologies and applications
  • Can/will engineering work be aided by AI?
  • Potential benefits/uses
  • Risks of AI for engineers

Determining What Insurance You Need in Your Engineering Practice
Presented by: Robert Kelly

  • 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

Preventing and Defending Professional Liability Claims
Presented by: Jason 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

Recognizing Your Rights, Responsibilities and Risks under Contracts
Presented by: Kenneth D. Smith

  • 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

  

Webinar Instructions

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 can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

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Credits

Engineers
6.0 PDHs

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers in Maryland. HalfMoon Education is an approved continuing education sponsor for engineers in Maryland.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.

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.”

Tom Prevas

Saul Ewing LLP

Mr. Prevas is a leader in environmental and energy law. Mr. Prevas’ environmental litigation practice includes mass-product environmental litigation, including MTBE, PFAS and climate change, as well as enforcement and private actions relating to pollution and contamination. Recently, he has advised clients on environmental litigation and regulatory compliance relating to the following subjects: solid waste, hazardous waste, petroleum, biosolids, wastewater, land contamination, air permits and climate change. Mr. Prevas has significant experience navigating solid and water waste controversies for solid waste and recycling companies, utilities, cities and contractors, and gasoline contamination controversies emanating from stations and underground storage tanks. In addition to experience with superfund litigation, Mr. Prevas has extensive experience on brownfields redevelopment and cleanup under CERCLA, RCRA and state voluntary cleanup and brownfields programs.

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.

Kenneth D. Smith, Esq

Partner with O’Hagan Meyer, in Fulton, MD

Mr. Smith practices in O’Hagan Meyer’s Maryland office. A civil litigator for over 30 years, the bulk of his time has been devoted to the defense of design professionals. He holds an AV Preeminent® rating from Martindale Hubbell. In addition to providing malpractice litigation defense, he prepares and negotiates contracts and provides risk mitigation advice for his clients. Mr. Smith has litigated, tried cases, and handled appellate matters in each of the jurisdictions in which he practices. While he has concentrated on the defense of design professionals, he has experience in premises liability, automobile accident, products liability, insurance coverage, food poisoning, asbestos cases, and even one McDonald’s “hot coffee” case. Mr. Smith spent seven years as the in-house lead claims counsel for Baltimore Gas & Electric Company (BGE). There, he oversaw cases from investigation through trial, handled portions of crisis response, as well as advised management on risk mitigation strategies. His experience with utility issues began before his stint with BGE, providing defense and counsel to underground utility locating companies, and continued after his return to private practice with work on revisions to the Maryland “Miss Utility” law and membership on the Defense Research Institute’s Public Utilities Task Force. Mr. Smith was BGE’s representative to the Southeastern Electric Exchange Claims Committee, where he also served as secretary, vice chair and chair, (at different times).

Suraj A. Vyas, Esq.

Owner of The Law Offices of Suraj A. Vyas, LLC, in Woodstock, MD

At the firm, Mr. Vyas handles legal matters in the realm of construction, contracts, patents, and more. In the construction law world, he represents a wide variety of clients ranging from contractors and owners to engineers and subcontractors. Mr. Vyas has garnered the attention of many attorneys and engineers alike in a short time since opening his own law firm in 2018. This has brought him recognition on a national and global scale with his handling negotiations, mediation, and arbitration internationally in addition to his domestic law practice. Mr. Vyas has organized symposiums to discuss construction law issues and spoken at various conferences and internal construction company events about how to best manage and mitigate legal risk in engineering and construction projects. In 2018, the same year He opened his law firm, he was awarded the Clients’ Choice Award. Since becoming an attorney, Mr. Vyas has collected numerous accolades including consecutively being selected to the Super Lawyers Rising Stars list. He enjoys the life of being a true solo attorney law firm. It allows him to truly connect to each of his clients and address their needs directly. Mr. Vyas regularly posts to his law firm’s blog and on social media channels @SAVLawFirm. While connecting with clients is his favorite activity, he also stays regularly connected with his peers and new topics in the field of engineering and law as he is a member of over a dozen unique associations, institutions, bars, and programs across the globe.