This document provides an overview of managing meetings and limiting liability as a meeting planner. It discusses sources of liability from a statutory, tort, and contractual perspective. It outlines strategies for controlling liability such as avoiding risks, retaining control over aspects of the meeting, and transferring risk through contracts. It also discusses concepts like loss control, crisis management, and insurance. The document is presented by Jonathan Howe, an attorney and president of a law firm that specializes in meetings and events. It includes his contact information.
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. 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. Introduction
• Tort Liability
– Sources – Statutory, Common Law (Judge and
Jury)
– Strict Liability v. Negligence
– “Duty” Owed
– “Experts” Held to a Higher Standard
6. Introduction
• Contract
– Essential Elements
– Written v. Oral (and Statute of Frauds)
– Key Question – Do I Have One?
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. Meeting Planner’s Roles
• Independent Planner
– Agent or Principal – Why Distinction Important
– Disclose “Agent” Status – Consequences If You
Do/Do Not
9. Meeting Planner’s Roles
• Association Corporate (or Employee) Planner
– Principal, Not Agent
– Apparent Authority
• Avoiding Personal Liability – Disclosure and
Use Title
10. The Concepts
• Avoid – Evaluate and Eliminate
– Client Selection
– Program/Activity Selection
– Site Selection
– Supplier/Contractor Selection
11. The Concepts
• Retain
– Contract
– Management Personally v. Delegate or
Subcontract
– E.g., Insurance Deductible
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. 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. The Concepts
• Insurance
– Liability – Know Enough!
– Clients’ and Suppliers’ Insurance – Piggyback
– Key Provisions
– Business Interruption
15. Chicago
CONTACT INFORMATION:
Jonathan T. Howe, Esq.
President
Howe & Hutton, Ltd.
20 North Wacker Drive, Suite 4200
Chicago, IL 60606
Phone: 312-263-3001 • Email: jth@howehutton.com
16. 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.