Defense
INDEX The Arizona Association of Defense Counsel Newsletter WINTER 2021 PAGE 3 - PRESIDENT'S MESSAGE - BOARD OF DIRECTORS - YLD BOARD OF DIRECTORS PAGE 5 - 2020 JENCKES CLOSING ARGUMENT COMPETITION PAGE 7 - YLD PRESIDENT'S MESSAGE - UPCOMING EVENTS PAGE 8 - PANDEMIC PARENTING - TIPS FOR ZOOM DEPOSITION PAGE 10 - NETWORKING DURING A PANDEMIC - REMOTE WORKING TIPS PAGE 11 - LADDER DOWN PHOENIX PAGE 12 - MENTORSHIP PROGRAM PAGE 13 - FOR THE DEFENSE
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COMMON DEFENSE | Winter 2021 | azadc.org
Living in a COVID World Welcome to the AADC’s new digital newsletter! 2020 challenged us to find new ways to communicate and stay connected with each other while embracing unconventional work environments and new technologies. Along the way, we all discovered some “silver linings.” For the AADC, one of those silver linings is our new digital newsletter which will be published quarterly to help members stay in touch with the Arizona defense community. Our hard copy newsletter will continue to be distributed as an annual, year-end publication. Members are encouraged to contact the Newsletter Committee with submissions (articles, victories, awards, promotions, etc.) for publication in future newsletters. We hope you enjoy this digital newsletter format and welcome your comments and suggestions. Stay Healthy! AADC Newsletter Committee
Newsletter Committee Amy Wilkens Brian Rubin Jennifer Elias
Grace Lynn Kara Kaplan Doreen Myles
A Message From the President 2020-2021 Board of Directors Chris H. Begeman President
Jill J. Ormond President Elect
Micalann Pepe Treasurer
Amy Wilkens Secretary
Alison Christian
2020 was a trying year for most people both personally and professionally. The Covid-19 pandemic changed our “normal” lives, the way we conduct business, and the way cases are litigated. Racial and social injustices again brought to light the disparity of treatment of people of color within our country. Difficult and trying times brought self-reflection both personally and professionally.
Imm. Past President
Daniel Bernardone YLD President
Anoop Bhatheja Benjamin Branson Jennifer Elias John Gregory Jason Kasting Melissa Posner Jarrett Michael Hrnicek Kara Klima Shanks Leonhardt Grace Lynn Maxwell Mahoney Breena Meng J.C. Patrascioiu Brian Rubin Edith Rudder J.T. Shoaf Lisa Streu Alexix Terriquez Daniel Thiel Zara Totosyan Jeff Warren
2020-2021 YLD Board of Directors Daniel Bernardone President
Kim Page Vice President
Over the past year, the AADC was able to reflect and identify areas where the AADC could improve. Historically, the AADC has been a leader within the legal profession for gender equality and the promotion and empowerment of women through its sponsorship and support of the Ladder Down program. This year the AADC is focused on identifying and promoting racial equality within the defense bar and our community. We have formed a Task Force to identify areas and ways the AADC can promote and support racial equality and inclusion. This fall we were fortunate to be able to host a panel of nationally recognized speakers for a roundtable discussion about racial injustices and ways to identify and implement inclusion within our firms and the defense bar in general. The AADC has also started providing information to our members about opportunities to support diverse causes sponsored by Arizona’s diverse bar organizations. Through the efforts and recommendations of the Task Force, we are focused on not only on talking the talk, but more importantly, walking the walk. We look forward to future in-person AADC meetings and gatherings. In the meantime we are continuing multiple CLE webinars each month and other virtual social activities. We thank you for your continued support of the AADC and wish everyone health, happiness and great success in 2021.
Laura Van Buren Secretary
Evann Waschuk Treasurer
Chris Begeman, Esq. (Righi Fitch Law Group) AADC President 2020-2021
Alexix Terriquez Imm. Past President
Ian Beck CLE Co-Chair
Kara Kaplan Social Media Chair
Nicolas Martino Comm. Outreach Chair
Anne-Grace Reule CLE Co-Chair
Seraphim Sparrow Law School Student Liason
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COMMON DEFENSE | Winter 2021 | azadc.org
2020 Jenckes Closing Argument Competition
WORDS BY J.C. PATRASCIOIU (CURL, GLASSON & PATRASCIOIU, P.L.C.)
Once again, the AADC lent a hand with the annual Joseph Jenckes Competition. For those that aren’t familiar with it, the Jenckes Competition is yet another facet of the friendly rivalry between the University of Arizona’s James E. Rogers College of Law and the Arizona State University’s Sandra Day O'Connor College of Law. The competition is based on closing arguments made between students at the two schools. The students are provided with case materials including deposition transcripts, records, and photographs, and assigned randomly to either side of the “v”. After reviewing the materials and preparing, they deliver a closing argument. The students are judged on all aspects of their performance: organization and theme of their argument, evidence they chose to highlight and how they highlighted it, posture, body language, tone, and, of course, ability to persuade. The Jenckes Competition finale is sponsored by the American College of Trial Lawyers. However, it’s a long road to get to the “show’ and the AADC is part of that journey for U of A students. In the first round, any student can take a shot at presenting a closing argument. Law school professors Barbara Bergman, Thomas Mauet, and Brian Chase judge the initial round and select five students to move on as finalists. AADC “judges” then select two of the top five finalists to represent U of A against ASU.
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COMMON DEFENSE | Winter 2021 | azadc.org
Historically, the arguments are judged in person but, in light of the pandemic, modifications were required. As with most events in 2020, the students competed in the second round of the competition by Zoom on October 12, 2020. While this presented some limitations, it also opened up new possibilities and the competitors harnessed those capabilities to great effect. Sean Aiken, John McKelvey, and Vincent Yesue all presented excellent arguments, but Clarissa Todd and Rachel Madore pulled away from the pack with first and second place, respectively. Historically, AADC presents the finalists with cash prizes at the annual winter judicial reception in Tucson, with co-sponsor Tucson Defense Bar, but that social gathering was yet another victim of COVID. Nonetheless, AADC’s Executive Committee hosted an awards ceremony by Zoom, to ensure the competitors’ achievements were recognized and celebrated. More importantly, Ms. Todd and Ms. Madore went on to compete against ASU, bringing the trophy back to Tucson for another year (ASU’s students won the competition in 2019). All in all, the Jenckes Competition proved to be another story of success through adaptability in 2020.
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COMMON DEFENSE | Winter 2021 | azadc.org
YLD President's Message We can all agree that 2020 presented the world with grave challenges. And when I assumed the role of YLD President in the middle of the year, it was difficult to imagine how our organization would manage those challenges. But now, months later, not only has the YLD overcome those challenges, the YLD is more active than ever. In the past four months, the YLD has launched a mentorship program for young civil defense lawyers (and students interested in civil defense work), secured record attendance for virtual CLEs, and created a strong social media presence. The YLD has also established stronger ties with the two Arizona law schools. Looking forward to the next few months, the YLD
expects to continue adapting to this strange world we find ourselves living in. The YLD is planning another round of Spring CLEs, a fundraiser for Southwest Human Development, and more! Finally, I would like to give a special thanks to our amazing board members who are responsible for our success and will be indispensable in the coming months. Please join us for these great events, and please recommend our mentorship program to all who may be interested! Dan Bernardone YLD President 2020-2021
CLE Webinars (Free for AADC Members) February 10, 2021 | 12-1: Empathy in the Practice of Law (Angela Wood, Esq.) February 24, 2021 | 12-1: Fitness Tracking Devices in Discovery (Zara Torosyan, Esq.) Register at https://www.azadc.org/events Arizona Collaborative Bar CLE February 25, 2021 12-1: Rethinking Otherness - A Virtual Conversation with Leslie Culver RSVP to sthathi88@gmail.com Stay Tuned - We're Making Plans! AADC Annual Meeting (Date TBD) 7
COMMON DEFENSE | Winter 2021 | azadc.org
Pandemic Parenting ARTICLE BY AUTHOR: ALISON R. CHRISTIAN (CHRISTIAN, DICHTER & SLUGA, P.C.) It’s 55 degrees outside on a Tuesday January afternoon. I look up to admire a cloud formation when I am struck in the back of the head with a tshirt soaked in mud. It feels heavy and cold while it slips onto my shoulders. The next thing I see is a naked toddler rushing past me toward the back door with a miniature Australian shepherd hot on his heels. They are both covered in mud. Every crevice, every inch of hair, every paw is caked in wet, brown mud. Before I can grab either of them by the ear, they breach the doorway and start romping around the recently cleaned carpets in the living room. Where in the world did they find mud? It hasn’t rained in months, I wonder while my eyes scan the backyard perimeter for a puddle. Just as I start the mud hunt in earnest, my cell phone rings from my pants pocket. It is a client calling for a case update. The muddy mess will just have to wait…This is a glimpse of what parenting is like during the pandemic. Tom and I took our then twoyear old son, Adam, out of fulltime day care on March 13, 2020. We were both fortunate
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SIDE BAR Tips for Zoom Depositions By Louis Horowitz, Lorber, Greenfield & Polito LLP Locate and assemble expected exhibits ahead of time. Have the files named descriptively or by bates number so you can identify them easily. Coordinate with reporter to make sure you can display and hand off control of the exhibit to the witness. Some companies will have a tech go over the process with you ahead of time. Consider coordinating with opposing counsel to get hardcopies of exhibits to witnesses who might not be tech savvy or if you have many documents.
that we could continue working even though Arizona was shutting down. As a short-term solution, I kept Adam alive from 8:00-1:00 while Tom worked, and Tom did the same from 1:00-6:00 while I worked. I know there are parents who choose to be with their children full-time and watching my own child for several hours a day is hardly a monumental endeavor. I learned during maternity leave, though, that I absolutely love my job. In fact, I need it. Nothing beats the feeling of finding a perfect case citation, or drafting a winning motion, or backing a witness into a corner. Stuck at home, I struggled to find the physical and emotional energy to be both a parent and a lawyer in the ways required of me. In truth, I utterly lacked fulfillment. This arrangement lasted all of one month before I cried uncle. Or to be more precise, before I cried mom and dad. After a strict two-week quarantine, we joined households with my parents. continued on page 10
COMMON DEFENSE | Winter 2021 | azadc.org
Go over procedures for dealing with exhibits with your own witnesses. Remind them to review the entire document and not to assume any partially visible PDF is complete or reflects the version they have seen. Test out Zoom on the device they are actually going to use. Recommend a second device or screen for viewing exhibit files. I have had one reporter who was prepared to make a video record of the deposition based on an order sheet that had “Video deposition” checked off by Plaintiff. Watch out for errors like this and let the reporter know when you have not consented to recording. Sometimes parties have just referred to PDF documents that all parties have when the exhibits are all parts of an expert job file. Wired connection is preferred but wireless seems to work fine most of the time. Other connection issues appear to be a bigger issue. Dialing in by phone for audio is the best way to address this issue. The participant needs to mute their computer audio for this. If there are sound issues then have each participant mute one-by-one to isolate the cause. Echo is usually caused by somebody who has their audio on and forgot to mute themselves, not by the people who are talking.
continued from page 8 They graciously agreed to watch Adam in the mornings while I worked from their upstairs office; Tom picked up Adam on his way home so I could keep working. If it hadn’t been for my parents, someone would have needed to leave the workforce – an option I know over 800,000 women were forced to accept in 2020. Even with their help, there are days when Adam gets too much screen time or sugar, or too little sleep. These are hard days for everyone. There are screams, tears, and “timeins” where there use to be business suits, team meetings, and room service. But we all take comfort in knowing that Adam is surrounded by people doing everything in their power to keep him safe. He may not be learning how to count to ten in Navajo, but he learned how to swim on his own, he an incredibly advanced vocabulary, and takes a picnic walk with his Pops every day. He wakes up from his nap to the soft snuggle of his mom’s cheek, has family lunches around the kitchen table from my childhood, and gets to play outside…in the mud, of course. If this time in quarantine taught me anything about parenting it is this: don’t sweat the small stuff and be grateful for the big stuff.
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Networking During a Pandemic... WHAT ARE SOME SOCIALLY DISTANT WAYS YOU'VE BEEN ABLE TO NETWORK IN THE LAST YEAR?
Nathan Gallinat: The LinkedIn platform has been my primary networking tool during the pandemic. LinkedIn easily allows for keeping in touch with your existing network, while simultaneously presenting opportunities to expand your network. Building genuine connections takes time. The ability to connect with people, particularly over the phone, regarding a shared interest, commonality, or practice area is important and helps grow and nourish relationships. Kimberly Page: In order to make up for the loss of mingling after an in person CLE, some of the Zoom CLE’s I’ve helped organize have a networking portion at the end. We send 1 or 2 softball questions in advance of the CLE (What book have you read recently?; How has your practice changed during Covid?, etc.) to get people talking after the traditional CLE portion is over with the assistance of the moderator. Laura Van Buren: I’ve found it easier to focus on strengthening existing networks during the pandemic, rather than expanding. Though we’re not able to meet up for lunch or drinks, an email congratulating someone on a recent victory, or forwarding an article or case law that might be useful, still goes a long way in sparking conversation and maintaining connections.
Remote Working Tips 1. Designate a workspace 2. Create a comfortable environment 3. Set boundaries 4. Keep children on a schedule 5. Maintain a consistent routine
COMMON DEFENSE | Winter 2021 | azadc.org
6. Overcommunicate 7. Stay connected with colleagues 8. Take breaks 9. Make time for activities 10. Focus on the big picture
Ladder Down Phoenix CLASS OF 2021
Congratulations to the 2021 FDCC Ladder Down Phoenix class! This is the program’s ninth consecutive year running in Arizona under the leadership of FDCC and co-founders Alison Christian and Beth Fitch. The year-long program is the only one of its kind and looks forward launching a nationwide program in February 2022. It all started due to the support provided by the Arizona Association of Defense Counsel, who took a chance on two women with a dream! This year’s incredible group made a commitment to themselves and our profession to strive for more. Over 865,000 women left the workforce in the U.S. in 2020-more than four times the number of men. The training that Ladder Down provides is needed now more than ever! We send a special thanks to the 2021 sponsors: Jones Skelton & Hochuli, Snell & Wilmer, Perkins Coie, Gust Rosenfeld, and Polsinelli. We are also grateful for the scholarships provided by the Arizona Women Lawyers’ Association, and the Arizona Asian American Bar Association. Let’s bring the Ladder Down!
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COMMON DEFENSE | Winter 2021 | azadc.org
YLD Mentorship Program Having a mentor in your corner to give advice (or an extra push) is invaluable to your legal career. It can lead to a more rewarding professional life, expanded network, a new job, and even a better work/life balance. If you're ready to grow your career, this is the program for you! Being a mentor keeps your finger on the pulse of the profession, re-inspires your own career, grows your network, helps develop leadership and communication skills and is infinitely rewarding. When people think of a mentor they often assume it's someone who is a veteran in the legal profession, but that's not usually the case. The most effective mentors are people with the most relevant experience (applicable to their mentee), not necessarily the most experienced. Rather than bring 10+ years ahead of their mentee, they may be one or two years ahead in professional and/or personal development areas. The AADC YLD Mentorship Program is designed to pair mentors and mentees in a "no size fits all" approach by creating mentor/mentee relationships that work for them. For example, a first year associate may be looking for someone who has just a few years under their belt to provide advice from a new associate perspective that applies to our current climate. A 3-5 year attorney may be interested in a mentor who can help them climb the partnership track or determine whether they are pursuing the right career path. The goal is to connect mentees with mentors to enhance personal and professional career goals. Please click to download a Mentee Application or Mentor Application. We look forward to receiving your application and helping you connect! If you would like to discuss the program or have any questions, please email Vice President of AADC-YLD, Kimberly Page at kpage@jshfirm.com
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COMMON DEFENSE | Winter 2021 | azadc.org
For the Defense CASE: IRENE SALAZAR V. CITY OF PHOENIX ET AL. (CV 2019-002135) ATTORNEYS: CHRISTOPHER HOSSACK (CLARK HILL) Successfully obtained a dismissal of the claims against the electrical engineer in a wrongful death case on the grounds that neither the City nor the utility furnishing power owed a duty to light an otherwise safe street and that therefore, the electrical engineer could not owe a duty even if the negligent design of the streetlight caused the failure to illuminate. Darkness is not an unreasonably dangerous condition; darkness is a natural condition. CASE: J&N AGENCY, LLC V. NATIONAL SUPERIOR EXPRESS, LTD. ET AL. – NO. 2:19-CV-05691-DLR. ATTORNEYS: MICHAEL P. GRUBBS (RIGHI FITCH LAW GROUP) Won a Motion for Summary Judgment in Arizona Federal District Court in a lawsuit involving a high-end printer damaged during shipping. The Court dismissed both the Carmack Amendment and negligence claims against the shipper client, finding the evidence clearly demonstrated liability for the co-defendant carrier. CASE: WILSHIRE INSURANCE CO. V. PATRICK YAGER; JAVIER LOPEZ, 9TH CIR. 18-17350 ATTORNEYS: GENA SLUGA AND KENNY HO (CHRISTIAN, DICHTER & SLUGA) Secured victory for an insurer before the Ninth Circuit in an appeal over coverage for a $1,500,000 Morris Agreement. Appellant alleged claims for breach of contract, waiver/estoppel and insurance bad faith arising from the insurer’s denial of adjustment of an automobile incident. CDS prevailed on a Motion for Summary Judgment on all claims at the District Court, and the matter was affirmed by the Ninth Circuit on appeal.
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Augspurger Komm Engineering, Inc. Comprehensive Pain Management Cresa Forensic Experts of America Integrated Medical Evaluations J.S. Held LLC Kenrich Group
Klingler Group National Academy of Distinguished Neutrals, AZ Chapter Resolute Commercial Services Rimkus Consulting Group Subrosa Investigations Ward Group
COMMON DEFENSE | Winter 2021 | azadc.org