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: jth@howehutton.com

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: 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 professional services through its distribution. If legal advice or other expert assistance is required, the services of a competent professional should be sought.