The International Association of Venue Managers

(formerly IAAM)

and the

Academy for Venue Safety & Security

Present …

Facility Management Law School

February 21-22, 2011American Airlines Training Center, Dallas, TX

If your lawyer won’t learn your business, you’ll have to learn some law.

Steve Rocks!

Instructor:Steven A. Adelman, Esq.

Venues are so peaceful.

Stadiums

Arenas

Convention Centers

Performing Arts Centers

Why Are You Here?What could go wrong when friends get

together for a good time?

Alcohol Drugs

A two-year old was left a quadriplegic when her parents’ car was hit by a drunk driver

leaving a football stadium. $135 million jury verdict.

$25 million settlement.

A 15 year old overdosed on Ecstasy at a rave

attended by 185,000 people over two days. She died two days later.

Fire

The StationWest Warwick, Rhode Island2/20/03100 dead, 230 injured

Lame Horse NightclubPerm, Russia

12/5/09153 dead

Crowds

July 24, 2010: “A very, very

dreadful and sad day.”

German Chancellor Angela Merkel

Aggression

Philadelphia police charged three men with murder for allegedly beating and kicking a man outside a baseball stadium.

Accidents

Even Disney World, a model of safety, suffered three accidental deaths in 2009. OSHA began investigating immediately.

Are you ready to talk about the law?

Facility Management Law School

Course Material1. Torts2. Contracts3. Risk Management4. Litigation Process5. Final Exam.

1. TortsThe law of civil wrongs.

1. Duty2. Breach3. Causation4. Damages.

Schadenfreude! Taking pleasure in other people’s misfortune.

How do we teach about torts?

What is “reasonable?”

Reasonable foreseeability.

1979, The Who, Riverfront Coliseum.

Comparative fault.

Every venue, producer, promoter, vendor, security company, and artist is a deep pocket.

2. ContractsAny agreement comprised of:A. OfferB. AcceptanceC. Consideration.

We demystify the contracts you see -- and ignore -- every day.

Warnings.

Indemnity clauses.

Adhesion contracts.

3. Risk Management

Risk = Vulnerability x Threat x Consequences

You can’t stop stupid. You can only hope to contain it.

Risk Management Rule #1:

(1) Assess probability, (2) likely impact of problems. (3) Consider risk mitigation alternatives, (4) cost.

How Lawyers Look at Risk.

Risk Mitigation Options:

TrainingTesting

Risk Management Rule #2:

Ignoring problems does not make them disappear.

How well do you use the information you have?What is your security technology?

How well do you use it?

Juries think about risk this way:

versus

Do you?

Risk Management Rule #3:

Ignoring problems hastens the arrival of lawyers who will be very eager to help.

4. The Litigation Process

Lifecycle of a lawsuit:1. Incident/dispute2. Pleadings3. Discovery4. Settlement v. trial.

Who will be deposed?

1. Not a normal conversation.2. Nothing is “off the record.”3. The other lawyer is not your

friend.4. Be truthful.5. Do not try to be helpful.6. Do not speculate.7. Answer the question.8. Then be quiet.9. Do not volunteer.10. Your goal is to finish.

Adelman’s Deposition Rules

V. FINAL EXAM

Ripped from the

Headlines!

A deposition based on real life. Because truth is stranger than fiction.

Every student gets deposed.

I should have attended Facility Management

Law School.

Don’t live with regret.

www.iavm.org