35th Annual National CLE & Ski Conference

January 3-7, 2018, Marriott Vail Mountain Resort & Spa  



Program Agenda:

Health Law

Program Planning Committee:

Andrew J. Demetriou, Lamb & Kawakami LLP, Los Angeles, CA
David W. Hilgers, Husch Blackwell LLP, Austin, TX
Denise Webb Glass, Norton Rose Fulbright, Dallas, TX
Sidney Summers Welch, Atlanta, GA


Co-sponsored by the ABA Section of Health Law


  • Learn About Trends, Recent Developments and Hot Issues in the Health Law Arena
  • Hear Transactional and Litigation Health Law Issues Addressed in a Unique Educational Format
  • Gain the Insights of Experts from Across the U.S. on What Hospitals Are Doing with Their Physician Practices, Use of Statistical Sampling and Extrapolation in the Courtroom, the Hospital Deal Environment, How Physicians are Coping with New Developments, What the Government is Doing With Respect to Criminal and Civil Litigation, State Medicaid Trends, Investor Interest in Healthcare, Regulatory Versus Enforcement Policy, and the Pendulum Effect, What Payors are Doing, Privacy and Security, and the Opioid Crisis and Where Enforcement is Headed

Wednesday, January 3, 2018

3:00 – 7:00 p.m.                     



4:30 – 5:30 p.m.                    

What Are Hospitals Doing with Their Physician Practices? Strategies for Improving Performance in a Value-Based Environment
Andrew J. Demetriou, Lamb & Kawakami LLP, Los Angeles, CA                                       
William T. Eggbeer, BDC Advisors, Washington, DC                                                        


5:30-6:30 p.m.                       

What’s Happening in the Courtroom? Use of Statistical Sampling and Extrapolation  
Gary Keilty, FTI Consulting, Washington, DC
Robert T. Rhoad, Sheppard, Mullin, Richter & Hampton, LLP, Washington, DC                                                 


Thursday, January 4, 2018

7:00 – 8:00 a.m.                   

What Are Hospitals Doing? The Deal Environment

Joseph A. Sowell, III, HCA Healthcare, Nashville, TN
Howard T. Wall, RCCH HealthCare Partners, Brentwood, TN




8:00 – 9:00 a.m.                  

What’s Up Doc? How Are Physicians Coping with New Developments?
David W. Hilgers, Husch Blackwell LLP, Austin, TX
Sidney Summers Welch, Atlanta, GA                                                           


4:30- 6:30 p.m.                  

Plenary Session – More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT


6:30 p.m.                            

Wine Reception

Friday, January 5, 2018


7:00 – 8:00 a.m.              

What’s the Government Up To? A Criminal and Civil Litigation Survey
Michael K. Loucks, Skadden, Arps, Slate, Meagher & Flom LLP,  Boston, MA,
Alexandra  M. Gorman, Skadden, Arps, Slate, Meagher & Flom LLP, Boston, MA

8:00 – 9:00 a.m.               

What Are the States Doing? Medicaid Trends

Jennifer L. Evans, Polsinelli PC, Denver, CO                                                 


Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.

CTE: What It Means for Civil and Criminal Litigation 

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues
  • The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
    Larry J. Cohen, D., J.D., Cohen’s Counsel, Bethel, VT

4:30 – 5:30 p.m.               

What is Piquing Investor Interest in Healthcare?    
John Riddle
, Managing Director, Brown Gibbons Lang & Company, Chicago, IL            


5:30 – 6:30 p.m.               

The Pendulum Effect in Health Law: Regulatory Policy Versus Enforcement Policy
David L. Douglass, Sheppard, Mullin, Richter & Hampton, LLP, Washington, DC 
Heidi Sorenson, Foley & Lardner LLP, Washington, DC

Saturday, January 6, 2018


7:00 – 8:00 a.m.               

What’s Going on Inside the Beltway? A Traffic Report
Robert L. Roth, Hooper Lundy & Bookman, PC, Washington, D.C


8:00 – 9:00 a.m.             

What Are the Payors Up To? Collaboration, Coordination, and Our Crystal Ball
Denise Webb Glass, Norton Rose Fulbright, Dallas, TX 
Denise E. Hanna, Locke Lord LLP, Washington, DC                


4:30 – 5:30 p.m.                

What’s Happening in Privacy and Security? The Daunting Data Dilemma  

Adrienne Dresevic, The Health Law Partners, Royal Oak, MI

Clinton Mikel, The Health Law Partners, Royal Oak, MI



5:30 – 6:30 p.m.              

Where Is the Opioid Crisis and Enforcement Headed?

David H. Johnson, Montgomery & Andrews, P.A., Albuquerque, NM


Sunday, January 7, 2018


Plenary Sessions


7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY.  Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples
8:00 – 9:00 a.m.    
E-Discovery and Ethical Considerations
Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY



*Hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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