More Than Logistics: Managing Your                Meetings’ Risks and Limiting Liability                                  ...
Introduction• Source of Liability  – Statutory  – Tort  – Contract
Introduction• Controlling/Limiting Liability  – Avoid – Evaluate and Eliminate  – Retain and Control  – Transfer – By Cont...
Introduction• Planner May Be Principal (e.g., corporate  employee) or Agent (independent planner) –  Responsibility/Potent...
Introduction• Tort Liability  – Sources – Statutory, Common Law (Judge and    Jury)  – Strict Liability v. Negligence  – “...
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    ...
Meeting Planner’s Roles• Independent Planner  – Agent or Principal – Why Distinction Important  – Disclose “Agent” Status ...
Meeting Planner’s Roles• Association Corporate (or Employee) Planner  – Principal, Not Agent  – Apparent Authority• Avoidi...
The Concepts• Avoid – Evaluate and Eliminate  – Client Selection  – Program/Activity Selection  – Site Selection  – Suppli...
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  – Reme...
The Concepts• Loss Control and Crisis Management –  Before, During, After  –   Approach Varies with Nature of Loss/Crisis ...
The Concepts• Insurance  –   Liability – Know Enough!  –   Clients’ and Suppliers’ Insurance – Piggyback  –   Key Provisio...
ChicagoCONTACT INFORMATION:Jonathan T. Howe, Esq.PresidentHowe & Hutton, Ltd.20 North Wacker Drive, Suite 4200Chicago, IL ...
Jonathan Howe is President/Senior Partner with Howe & Hutton, Ltd., a law firm with offices inChicago, St. Louis and Washi...
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More Than Logistics: Managing Your Meetings' Risks and Limiting Liability - SESSION ON WHEELS

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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.

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More Than Logistics: Managing Your Meetings' Risks and Limiting Liability - SESSION ON WHEELS

  1. 1. More Than Logistics: Managing Your Meetings’ Risks and Limiting Liability Presented 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 rightsreserved under both international and Pan American copyright conventions. No reproduction of any part may be made without the prior writtenconsent of the copyright holder
  2. 2. Introduction• Source of Liability – Statutory – Tort – Contract
  3. 3. 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
  4. 4. 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!”
  5. 5. Introduction• Tort Liability – Sources – Statutory, Common Law (Judge and Jury) – Strict Liability v. Negligence – “Duty” Owed – “Experts” Held to a Higher Standard
  6. 6. Introduction• Contract – Essential Elements – Written v. Oral (and Statute of Frauds) – Key Question – Do I Have One?
  7. 7. 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.
  8. 8. Meeting Planner’s Roles• Independent Planner – Agent or Principal – Why Distinction Important – Disclose “Agent” Status – Consequences If You Do/Do Not
  9. 9. Meeting Planner’s Roles• Association Corporate (or Employee) Planner – Principal, Not Agent – Apparent Authority• Avoiding Personal Liability – Disclosure and Use Title
  10. 10. The Concepts• Avoid – Evaluate and Eliminate – Client Selection – Program/Activity Selection – Site Selection – Supplier/Contractor Selection
  11. 11. The Concepts• Retain – Contract – Management Personally v. Delegate or Subcontract – E.g., Insurance Deductible
  12. 12. The Concepts• Transfer – Contract to Another – Obtain Indemnify, Hold Harmless, Assumption Waiver and Release – Remember – Only as Good as the Indemnifier/”Deep Pocket”
  13. 13. 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
  14. 14. The Concepts• Insurance – Liability – Know Enough! – Clients’ and Suppliers’ Insurance – Piggyback – Key Provisions – Business Interruption
  15. 15. ChicagoCONTACT INFORMATION:Jonathan T. Howe, Esq.PresidentHowe & Hutton, Ltd.20 North Wacker Drive, Suite 4200Chicago, IL 60606Phone: 312-263-3001 • Email: jth@howehutton.com
  16. 16. Jonathan Howe is President/Senior Partner with Howe & Hutton, Ltd., a law firm with offices inChicago, St. Louis and Washington, D.C. He has written hundreds of articles, papers and books, andhas spoken to organizations all over the world on all manner of legal issues. He received hisBachelor of Arts degree majoring in diplomatic history and international political science withhonors from Northwestern University and his Juris Doctorate with highest distinction from DukeUniversity where he was first in his graduating class.He serves as general counsel for Meeting Professionals International, the International SpecialEvents Society and Trade Show Exhibitors Society, among others. He also is general counsel for theprestigious Association Committee of 100 sponsored by the U.S. Chamber of Commerce. He is afellow 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 wasnamed as the first recipient of the Hospitality Industry Attorney of the Year Award. He was the firstchair of the APEX panel on industry contracts for the Convention Industry Counsel. He is the specialadvisor to the American Bar Association Standing Committee on Meetings and Travel, a Fellow ofthe American Bar Foundation, a Fellow of the American Society of Association Executives and he isthe 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, wasnamed 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 SupremeCourt. He can be reached via email: jth@howehutton.com or by phone: (312) 263-3001)This outline is provided with the understanding that the publishers are not engaged in rendering legal, accounting, or professionalservices through its distribution. If legal advice or other expert assistance is required, the services of a competent professionalshould be sought.

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