Insight Center: Events & Webinars

Pepper Hamilton Sponsoring Construction SuperConference 2016

Speakers: Albert Bates Jr., Raymond L. DeLuca, Bruce W. Ficken, Ralph A. Finizio, Marion T. Hack and Ira M. Schulman

December 5-7, 2016
Pepper Hamilton Sponsoring Construction SuperConference 2016

Pepper Hamilton is a sponsor of the Construction SuperConference, now in its 31st year. The conference is recognized as the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets. Impactful plenary sessions and compelling panel discussions from top legal, consulting, and leaders of construction companies bring to the forefront challenging issues and new insights into the legal, business, and economic challenges and opportunities in today’s construction industry. Participants will walk away with invaluable information and resources to assist them in meeting today’s challenges. The program design of the conference allows ample opportunity to meet and network with representatives from the leading construction firms and the industry’s top construction attorneys.

Pepper attorneys will be presenting on these panels at the conference:

Tuesday, December 6, 2016 | 9:30 - 10:45 AM
Advocacy in Construction Disputes: Construction Failures

Bruce W. Ficken, Partner, Pepper Hamilton LLP
James Wulfsberg, Partner, Burke, Williams & Sorensen
Ira M. Schulman, Partner, Pepper Hamilton LLP
William Tinsley Jr. Esquire, Of Counsel - Construction Department, Phelps Dunbar, LLP
Adrian Bastianelli, Partner, Peckar & Abramson

This year's SuperConference will mark the fourth anniversary of Advocacy in Construction Disputes, this year focuses on construction failures. Few issues in this industry are litigated more and none have been more controversial, than when buildings, bridges, dams, manufacturing or process facilities do not perform as intended. The stakes are higher yet when people are hurt or worse as a result of a catastrophic failure.

In this provocative program, a panel representing more than a century of trial experience, will address effective advocacy in these cases. Attendees at all levels of experience will hear among other things, how to address and approach almost every failure, how to best use and how best not to use, experts, special considerations of advocacy in litigation involving injuries or deaths, and how to make issues of structure, geotechnics, thermals dynamics, and hydrology, among others, understandable and persuasive.

Upon completion of this session, participants will know:

  • how to address and approach almost every failure
  • how to best use and how best not to use, experts, special considerations of advocacy in litigation involving injuries or deaths
  • how to make issues of structure, geotechnics, thermals dynamics, and hydrology, among others, understandable and persuasive.

Tuesday, December 6, 2016 | 9:30 - 10:45 AM
Managing the Client Through the Dispute Resolution Process: An Industry Perspective

Marion T. Hack, Partner, Pepper Hamilton LLP
Laura C. Abrahamson, Sr. VP, AECOM
Matthew Julian, Sr. Litigation Counsel, Siemens Corporation
Debra A. Olson, Sr. VP, Gen. Counsel & Corp. Secty., Cupertino Electric, Inc.
George J. Pierson, President, The Pierson Advisory Group
Ralph A. Finizio, Partner, Pepper Hamilton LLP

Nothing is more important at the conclusion of a dispute resolution process than the client being happy or at least knowing that his team worked well to getting the best possible result under difficult circumstances. Quite often that is not the case, not because the result of the litigation was not reasonable, but because the lawyers mismanaged the client in resolving the dispute. Even outright victories can be greatly diminished, if litigation budgets were blown, interim results were unexpected, or the client’s management team was so preoccupied with the litigation process that the whole affair was on balance unpleasant and unsatisfactory.

In this program experienced senior in-house counsel will discuss how best to manage a client through the difficult process of litigation. They will discuss how best to help avoid surprises. How outside lawyers need to be sensitive to the client’s operations. How best to conduct the decision-making process that is part of every litigation effort, and of course, budgets and surprise outcomes.

Upon completion of this session, participants will be able to:

  • view from inside the industry or how best to insure a solid lawyer - client relationship
  • identify best practices in keeping the client informed of development and risks
  • manage client expectations through mediation and arbitration.

Tuesday, December 6, 2016 | 11:15 AM - 12:30 PM
I've Selected the Wrong Arbitrator, Now What?

Michael Powell, Vice President, American Arbitration Association
Karen P. Layng, Chief Strategic Officer and General Counsel, Scheck Industries
Dr. Patricia D. Galloway, President and CEO, Pegasus Global Holdings, Inc.
John E. Bulman, Partner, Pierce Atwood LLP
Albert Bates Jr., Partner, Pepper Hamilton LLP

Have you ever wondered what happens when it appears that the arbitrator may not be able to handle the case they were appointed to? Leading arbitrators and practitioners share personal insights into removal issues arising from the arbitrator's: impartiality; qualifications required by agreement not met; physically or mentally incapable of conducting the proceedings; refusal to properly conduct the proceedings; death or incapacitation of an arbitrator. What is the role of the arbitral providers and the courts? What can be done to minimize that risk of selecting the wrong arbitrator?

Upon completion of this session, participants will be able to:

  • understand the dynamics of properly vetting arbitrator candidates
  • learn to better identify the arbitrator selection strategies of opposing counsel
  • understand what recourse is available when the arbitrator is deemed incompetent, and won't step down

Wednesday, December 7, 2016 | 1:45 - 3:00 PM
Navigating the Maze of Schedule Delay Analysis Methods

W. Stephen Dale, Senior Vice President and General Counsel, WSP | Parsons Brinckerhoff
Robert D'Onofrio, P.E., Principal, Capital Project Management, Inc.
Raymond L. DeLuca, Partner, Pepper Hamilton LLP

Who owns the float? What is concurrent delay? Why is the subcontractor always left holding the bag? Which schedule delay method is the right method? Few questions in construction law draw more debate than comparison of schedule delay analysis methods. The debate is often driven by perspective and the applicable forum. This session will cover how courts throughout the United States have evaluated and determined the acceptability of various delay analysis methods. The session will explain recent comprehensive studies compiling judicial opinions on the acceptance or rejection of delay analysis methods, and in-house and outside counsel's perspective on the risk of use of different methods.

The session will help attendees navigate the maze of schedule delay analysis methods from a legal perspective. Participants will gain insight from in-house counsel, a trial lawyer, and industry experts on how delay analysis method selection affects choice of outside lawyers/experts, and cost/benefit concerns over legal acceptance of different methods.

Upon completion of this session, participants will:

  • learn tribunal acceptance rates of schedule delay analysis methods
  • learn from discussion why courts decided issues the way they did in particular instances, and what applicability those decisions have to future cases
  • use information gleaned from the discussion to inform future decisions in the realm of presenting schedule delay cases.

The Encore at Wynn
3131 S. Las Vegas Blvd
Las Vegas, NV 89109


Please contact Jennifer Kuban at kubanj@pepperlaw.com or 412.454.5823 with any questions.

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