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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 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
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
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.

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

  • 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 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
  • 2. Introduction • Source of Liability – Statutory – Tort – Contract
  • 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.