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Jon is anything but a stranger to what event planners need to know about measuring and minimizing meeting risks. Explore how oversights can be prevented—both during the planning stages and before putting any ink to your contracts. Take away a roadmap to stay on course when it comes to things such as your recreational programs, release and waivers, use of photographers, special events, liquor liability … all potentially subject to encountering bumps in the road … and all too often overlooked or under estimated. Step off the bus with a better understanding of risk assumption and shifting of risk.
Citation preview
More Than Logistics: Managing Your
Meetings’ Risks and Limiting LiabilityPresented By:
Jonathan T. Howe, Esq.Howe & Hutton, Ltd.
©Copyright 2012. Jonathan T. Howe, Esq. and Howe & Hutton, Ltd. Chicago, Illinois, Washington, D.C and St. Louis, Missouri. All rights reserved under both international and Pan American copyright conventions. No reproduction of any part may be made without the prior written consent of the copyright holder
Introduction
• Source of Liability– Statutory– Tort– Contract
Introduction
• Controlling/Limiting Liability– Avoid – Evaluate and Eliminate– Retain and Control– Transfer – By Contract (e.g., indemnification, hold
harmless, assume, release, waive)– Loss Control and Crisis Management– Insurance
Introduction
• Planner May Be Principal (e.g., corporate employee) or Agent (independent planner) – Responsibility/Potential Liability Changes
• Plaintiff’s Approach– Sue Everybody – And Why – “Deep Pocket”
• Best Defense – Know Your Business and Prepare – “You Gotta Know the Territory!”
Introduction
• Tort Liability– Sources – Statutory, Common Law (Judge and
Jury)– Strict Liability v. Negligence– “Duty” Owed– “Experts” Held to a Higher Standard
Introduction
• Contract– Essential Elements– Written v. Oral (and Statute of Frauds)– Key Question – Do I Have One?
Introduction
• Statutory Liability– Federal, State Legislation– Local Laws, Ordinances (e.g., healthy, safety, fire
codes)– International Law (Treaties, Compacts)– Laws of Nations other than U.S.
Meeting Planner’s Roles
• Independent Planner– Agent or Principal – Why Distinction Important– Disclose “Agent” Status – Consequences If You
Do/Do Not
Meeting Planner’s Roles
• Association Corporate (or Employee) Planner– Principal, Not Agent– Apparent Authority
• Avoiding Personal Liability – Disclosure and Use Title
The Concepts
• Avoid – Evaluate and Eliminate– Client Selection– Program/Activity Selection– Site Selection– Supplier/Contractor Selection
The Concepts
• Retain– Contract– Management Personally v. Delegate or
Subcontract– E.g., Insurance Deductible
The Concepts
• Transfer– Contract to Another– Obtain Indemnify, Hold Harmless, Assumption
Waiver and Release– Remember – Only as Good as the
Indemnifier/”Deep Pocket”
The Concepts
• Loss Control and Crisis Management – Before, During, After
– Approach Varies with Nature of Loss/Crisis– Within/Beyond Your Control– Don’t Make It Worse– Mitigate Injury, Damages– Consider Public Relations Aspects
The Concepts
• Insurance– Liability – Know Enough!– Clients’ and Suppliers’ Insurance – Piggyback– Key Provisions– Business Interruption
CONTACT INFORMATION:
Jonathan T. Howe, Esq.PresidentHowe & Hutton, Ltd.20 North Wacker Drive, Suite 4200Chicago, IL 60606Phone: 312-263-3001 • Email: [email protected]
Chicago
Jonathan Howe is President/Senior Partner with Howe & Hutton, Ltd., a law firm with offices in Chicago, St. Louis and Washington, D.C. He has written hundreds of articles, papers and books, and has spoken to organizations all over the world on all manner of legal issues. He received his Bachelor of Arts degree majoring in diplomatic history and international political science with honors from Northwestern University and his Juris Doctorate with highest distinction from Duke University where he was first in his graduating class.
He serves as general counsel for Meeting Professionals International, the International Special Events Society and Trade Show Exhibitors Society, among others. He also is general counsel for the prestigious Association Committee of 100 sponsored by the U.S. Chamber of Commerce. He is a fellow and member of the International Forum of Travel and Tourism Advocates and is a founder, past president and board member of the Academy of Hospitality Industry Attorneys. Jon was named as the first recipient of the Hospitality Industry Attorney of the Year Award. He was the first chair of the APEX panel on industry contracts for the Convention Industry Counsel. He is the special advisor to the American Bar Association Standing Committee on Meetings and Travel, a Fellow of the American Bar Foundation, a Fellow of the American Society of Association Executives and he is the current chair of the ASAE Legal Section Council. He is the legal editor for MEETINGS & CONVENTIONS and ONE+ – official journal of MPI. His M&C column, Law and the Planner, was named the best monthly trade publication column by the Society of Business Publication Editors. Jon is one of the few lawyers in the United States to have argued before the United States Supreme Court. He can be reached via email: [email protected] or by phone: (312) 263-3001)
This outline is provided with the understanding that the publishers are not engaged in rendering legal, accounting, or professional services through its distribution. If legal advice or other expert assistance is required, the services of a competent professional should be sought.