1. The International Association of Venue Managers (formerly IAAM)

2. and the Academy for Venue Safety & Security

3. Present …

4. Facility Management Law School February 21-22, 2011 American Airlines Training Center, Dallas, TX

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

6. Instructor: Steven A. Adelman, Esq. Steve Rocks!

7. Venues are so peaceful.

8. Stadiums

9. Arenas

10. Convention Centers

11. Performing Arts Centers

12. Why Are You Here? What could go wrong when friends get together for a good time?

13. Alcohol Drugs A 15 year old overdosed on Ecstasy at a rave attended by 185,000 people over two days. She died two days later. 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.

14. Fire Lame Horse Nightclub Perm, Russia 12/5/09 153 dead The Station West Warwick, Rhode Island 2/20/03 100 dead, 230 injured

15. Crowds July 24, 2010: “A very, very dreadful and sad day.” German Chancellor Angela Merkel

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

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

18. Are you ready to talk about the law?

19. Facility Management Law School Course Material Torts Contracts Risk Management Litigation Process Final Exam.

20. 1. Torts The law of civil wrongs. 1. Duty 2. Breach 3. Causation 4. Damages.

21. How do we teach about torts? Schadenfreude! Taking pleasure in other people’s misfortune.

22. What is “reasonable?”

23. Reasonable foreseeability. 1979, The Who, Riverfront Coliseum.

24. Comparative fault.

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

26. Contracts Any agreement comprised of: Offer Acceptance Consideration.

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

29. Warnings.

30. Indemnity clauses.

31. Adhesion contracts.

32. 3. Risk Management

33. Risk = Vulnerability x Threat x Consequences

34. Risk Management Rule #1: You can’t stop stupid. You can only hope to contain it.

35. How Lawyers Look at Risk. (1) Assess probability, (2) likely impact of problems. (3) Consider risk mitigation alternatives, (4) cost.

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

39. Juries think about risk this way: versus Do you?

40. Risk Management Rule #3: Ignoring problems hastens the arrival of lawyers who will be very eager to help.

41. 4. The Litigation Process

42. Lifecycle of a lawsuit: Incident/dispute Pleadings Discovery Settlement v. trial.

43. Who will be deposed?

44. Adelman’s Deposition Rules Not a normal conversation. Nothing is “off the record.” The other lawyer is not your friend. Be truthful. Do not try to be helpful. Do not speculate. Answer the question. Then be quiet. Do not volunteer. Your goal is to finish.

45. V. FINAL EXAM Ripped from the Headlines!

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

47. Every student gets deposed.

48. Don’t live with regret. I should have attended Facility Management Law School.

49. www.iavm.org