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ASBESTOSClaims & Litigation

American Conference Institute’s 19th National Advanced Forum on

June 23 – 24, 2015 ✸ The Omni Chicago Hotel on the Magnificent Mile ✸ Chicago, IL

Inquire about in-house,

insurance, and academic rates

Sessions include:

State of the market: hotbed jurisdictions: new case law, new defendants and plaintiffs, forum shopping, time for filing claims while considering statutes of repose, and more

Drastically increased lung cancer dockets: plaintiff and defense perspectives in Madison County and beyond

Asbestos medicine with a focus on lung cancer: interrelationship between smoking, asbestos exposure and lung cancer; lung fibrosis as a risk factor for lung cancer; clinical, pathologic, and radiologic considerations in diagnosing asbestosis and other non-malignant lung conditions

Garlock: impact of records unsealed in bankruptcy trusts, future liability issues, and courts and legislatures providing greater transparency between trust claim and civil tort systems

Take home exposures: jurisdictional differences, recent rulings, credibility that asbestos exposure is idiopathic, and liability impact when bystanders and premise owners are brought into litigation

Interplay between workers compensation and asbestos: examining Folta case in IL, impact of exclusivity rule in different jurisdictions, insurance coverage issues, expert witnesses, and state of the art defense

Insurance coverage: bankrupt, dissolved, or defunct entities, issues involving joint insurers, establishing when coverage is triggered, and nuances related to exclusions and CUMIS counsel

Apportioning liability in jurisdictions with fault allocation: product types, product uses, product identification, witnesses, deposition strategies, and trigger of coverage issues

Every exposure theory: recent court decisions, notable experts, causation testimony, and cross examination of every exposure counts expert

View from the Bench:

Hon. Richard Schmidt U.S. Dist. Ct., S.D. Tex..

Hon. Anthony J. Mohr CA Super. Ct., LA

Hon. Peter Flynn Cir. Ct. Cook Co., Ill.

Hon. Jose Rodriguez Eleventh Jud. Cir., Fla.

Hon. Richard Kramer CA Super. Ct., San Fran.

Hon. Steven A. Stobbs Cir. Ct. Madison Co., Ill.

Hon. Paul R. Wallace Super. Ct. of Delaware

Featuring unparalleled medical insights from:

David B. Sicilia, PhD University of Maryland

Tom Hesterberg, PhD MBA CTEH

Allan Feingold, MD, FRCP, FCCP South Miami Hospital

Rachel P. Maines, PhD Cornell University

Charles A. Weaver, III, Ph.D. Baylor University

Faris Farassati, PhD, PharmD University of Kansas Medical School

Conference Co-Chairs:

Jayme C. LongMcKenna Long & Aldridge LLP

Jonathan M. LivelySegal McCambridge Singer & Mahoney

Learn from and meet:

Rick SchlegelAssistant General CounselExelon Corporation

Paul F. SlaterExecutive Counsel-Environmental TortLitigation; One EHSGeneral Electric

Michael J. BlairVice President – Environmental ClaimsGen Re – A Berkshire Hathaway Company

Lee Melchor TurlingtonAssistant CounselNewMarket Corporation

Dennis HelewaVice President & Assistant Counsel, ClaimSCOR General Security Companies

Frederick C. Schaefer, Esq.Associate Vice PresidentOffice of Chief Legal & Governance OfficerNationwide Indemnity

John L. OsborneGlobal Risk Capital

Stewart S. Richmond, Jr.RiverStone Claims Management LLC

Donald P. Wynne, J.D.Swiss Re America Holding Corporation

Earn

CLE Credits

Join the Conversation Reinsurance/Insurance @Insurance_ACI / #ACIASBESTOS2

Here are just some of the companies, firms and organizations already participating:

Exelon CorporationGeneral Electric CompanySwiss ReGen Re – A Berkshire Hathaway CompanyNewMarket CorporationSCOR General Security CompaniesNationwide IndemnityGlobal Risk CapitalRiverStone Claims Management LLCMarshCornell UniversityBaylor UniversityUniversity of MarylandCenter for Toxicology and Environmental HealthGoldberg Segalla

Kitch Drutchas Wagner Valitutti & SherbrookDeutsch, Kerrigan & Stiles, L.L.P.Hoke LLCShrader & Associates, L.L.P.Motley Rice LLCSchiff Hardin LLPHiscock & Barclay, LLPHugo Parker, LLPO’Hagan LLCCrowell & Moring LLPMcGivney & Kluger, P.C.Dinsmore & Shohl LLPForman Watkins Krutz & Tardy LLPSegal McCambridge Singer & Mahoney, Ltd.Hinshaw & Culbertson LLP

Orrick, Herrington & Sutcliffe LLPMargolis EdelsteinLewis Brisbois Bisgaard & Smith LLPMorris Polich & Purdy LLPDLD LawyersK&L Gates LLPHermes, Netburn, O’Connor & Spearing, P.CArmstrong Teasdale LLPCovington & Burling LLPSedgwick LLPDuane Morris LLPArcher Norris PLCSinunu Bruni LLPTucker Ellis LLPWilson Elser Moskowitz Edelman & Dicker LLP

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies that this activity has been approved for CLE credit by the State Bar of California.You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4–8 weeks after a conference is held.ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE

✓ Attorneys Specializing in ➠ Asbestos

➠ Product Liability

➠ Environmental Litigation

➠ Toxic Tort

➠ Insurance Coverage for Environmental Liabilities

➠ Hazardous Waste

✓ Insurance Industry Professionals including: ➠ Claims Managers

➠ Risk Managers

➠ Claims Handlers

➠ Administrators

Continuing Legal Education CreditsWho You Will Meet

ACI’s 19th National Forum on Asbestos Claims & Litigation returns to Chicago. It’s the industry’s highest-level event where law, science, and medicine intersect and that provides practitioners with clarity and certainty with respect to today’s most pressing issues.

This year’s agenda has been revamped to provide you with strategic advice, critical insights, and comprehensive updates for:

State of the market: hotbed jurisdictions: new case law, new defendants and plaintiffs, forum shopping, time for filing claims while considering statutes of repose, and more

Drastically increased lung cancer dockets: plaintiff and defense perspectives in Madison County and beyond

Asbestos medicine with a focus on lung cancer: interrelationship between smoking, asbestos exposure and lung cancer; lung fibrosis as a risk factor for lung cancer; clinical, pathologic, and radiologic considerations in diagnosing asbestosis and other non-malignant lung conditions

Garlock: impact of records unsealed in bankruptcy trusts, future liability issues, and courts and legislatures providing greater transparency between trust claim and civil tort systems

Take home exposures: jurisdictional differences, recent rulings, credibility that asbestos exposure is idiopathic, and liability impact when bystanders and premise owners are brought into litigation

Interplay between workers compensation and asbestos: examining Folta case in IL, impact of exclusivity rule in different jurisdictions, insurance coverage issues, expert witnesses, and state of the art defense

Insurance coverage: bankrupt, dissolved, or defunct entities, issues involving joint insurers, establishing when coverage is triggered, and nuances related to exclusions and CUMIS counsel

Apportioning liability in jurisdictions with fault allocation: product types, product uses, product identification, witnesses, deposition strategies, and trigger of coverage issues

Every exposure theory: recent court decisions, notable experts, causation testimony, and cross examination of every exposure counts expert

Use of asbestos by the United States Military other than the Navy

Register today to ensure your place by calling 888-224-2480, faxing your registration form to 877-927-1563 or registering online at www.AmericanConference.com/Asbestos

Earn

CLE Credits

Register Now | 888-224-2480 | www.AmericanConference.com/Asbestos 3

Day One: Tuesday, June 23, 2015

• Transitioning claims representatives, clients and associates from claims administration/settlement mode to actual litigation of serious cases

Insurer

• Addressing the increasing use by insurers of outside billing vendors/auditors

• Is the products/non-products distinction driving how claims are made or litigated in underlying tort litigation and how they are presented to insurers?

• Getting carriers and plaintiff ’s counsel to agree to language• Dealing with multiple clients/carriers varying guidelines• When an “injury” occurs for purposes of coverage• The medical aspects of when an injury occurs• Trigger — which theory of policy trigger is appropriate

(exposure, injury in fact, manifestation, continuous)• Section 524g and elimination of contribution rights among

insurers

9:30 State of the Market: Hotbed Jurisdictions, New Case Law, New Defendants and Plaintiffs and Issues Associated With These New Parties, Forum Shopping, Time for Filing Claims While Considering Statutes of Repose, and More

Raymond R. FourniePartnerArmstrong Teasdale LLPJonathan M. LivelyShareholderSegal McCambridge Singer & Mahoney, Ltd.Jayme C. LongPartnerMcKenna Long & Aldridge LLPThis panel will provide you with the latest developments, emerging issues, trends, and the current pulse of the market and industry. Top outside counsel from hotbed states will give you an in-depth examination of the year’s most challenging issues and recommendations for how practitioners can update their litigation strategies in response to the new developments going forward. Learn how and why the industry as a whole has seen an uptick in filings and how this impacts the industry down the road. With recent asbestos filings in hotbed jurisdictions, how are removal and FNC issues being resolved and where will the asbestos claims be filed going forward? Trends in joint and several liability, punitives, successor liability, and supplier liability/duty to warn will be thoroughly addressed. You will find this session invaluable for getting up to speed on the latest developments, cases, and strategies while maximizing your opportunity to engage in the advanced discussion that is the hallmark of the conference.

10:30 Morning Break

10:45 Concepts and Strategies for Managing a Growing Lung Cancer Docket: Plaintiff and Defense Perspectives in Madison County and Beyond

7:30 Registration and Continental Breakfast

8:00 Co-Chairs’ Welcome Remarks

Jonathan M. LivelySegal McCambridge Singer & MahoneyJayme C. LongMcKenna Long & Aldridge LLP

8:05 In-House Corporate and Insurer Panel on Financial & Legal Decisions, Managing Claims, Defense Costs, Controlling Costs to Resolve Claims, Settlement Negotiations, and More

Rick SchlegelAssistant General CounselExelon CorporationPaul F. SlaterExecutive Counsel-Environmental Tort LitigationOne EHSGeneral ElectricMichael J. BlairVice President – Environmental ClaimsGen Re – A Berkshire Hathaway CompanyLee Melchor TurlingtonAssistant CounselNewMarket CorporationDennis HelewaVice President & Assistant Counsel, ClaimSCOR General Security CompaniesFrederick C. Schaefer, Esq.Associate Vice PresidentOffice of Chief Legal & Governance OfficerNationwide IndemnityStewart S. Richmond, Jr.Assistant Vice President, ClaimsRiverStone Claims Management LLCDonald P. Wynne, J.D.Claims Manager; Vice President, Property & Casualty Business ManagementSwiss Re America Holding CorporationModerator:Ingrid K. CampagnePartnerWalsworth Franklin Bevins & McCall, LLPCorporate Non-Insurer

• Shrinking legal budgets and doing more with less• Increasing involvement of carriers and the impact of legislation• Budget limitations on settlement opportunities• Alleviating rising transaction costs• Factoring in national and local valuation discrepancies and

national management of costs

Join the Conversation Reinsurance/Insurance @Insurance_ACI / #ACIASBESTOS4

Vincent L. Greene, IVMemberMotley Rice LLCCharles M. McGivney, Esq.Managing Partner, Co-PrincipalMcGivney & Kluger, P.C.• Explaining the increase in lung cancer filings, in Madison

County and other parts of the country• Determining whether there is presence of asbestosis

- Determining series of medical defenses that interposes to liability

• The distinction between lung cancer cases and traditional mesothelioma cases- What are the different elements of proof?

• Examining the new body of claimants getting lung cancer, including the second disease case

• Low dose exposure claims• Underlying asbestos exposure: Assessing asbestos markers

and dose• Hybrid exposures: Asbestos and other types of exposure such

as industrial plant exposure caused lung cancer; What caused the exposure?

• Forum non conveniens issues- How some jurisdictions are more attractive than others for

filing lung cancer claims• The next wave of cancer cases: throat cancer, laryngeal cancer,

colon cancer, etc.

11:30 Asbestos Medicine With a Focus on Lung Cancer: Interrelationship Between Smoking, Asbestos Exposure and Lung Cancer; Lung Fibrosis as a Risk Factor for Lung Cancer; Clinical, Pathologic, and Radiologic Considerations in Diagnosing Asbestosis and Other Non-Malignant Lung Conditions, and More

Allan Feingold, MD, FRCP(C), FCCPMedical DirectorOccupational & Environmental MedicineSouth Miami HospitalJames N. SinunuPartnerSinunu Bruni LLPKnight S. AndersonPartnerTucker Ellis LLPAnne D. HarmanPartnerDinsmore & Shohl LLPJoseph J. Welter, Esq.PartnerGoldberg Segalla• Update on new studies regarding lung cancer• What is the connection with lung cancer and smoking?• How can pathology findings be manipulated?• How can scarring of the lungs be misinterpreted for asbestosis?• Understanding the new demographic of mesothelioma plaintiffs

1:00 Networking Lunch for Delegates and Attendees

2:00 Garlock Continued: Impact of Records Unsealed on Bankruptcy Trusts, How It Impacts Analysis of Future Liability, and the Latest on Courts and Legislatures Providing for Greater Transparency Between the Trust Claim and Civil Tort Systems

Linda J. ClarkPartnerHiscock & Barclay, LLPChristopher M. HarnettPartnerArcher Norris PLCJames L. StengelPartnerOrrick, Herrington & Sutcliffe LLPUnsealing Garlock Records

• How the unsealing impacts bankruptcy trusts and asbestos litigation going forward

• How the Garlock estimation ruling impacts analysis of future liability

Congressional legislative issues

• Bankruptcy transparency issues

Bankruptcy trusts

• Two types of trusts- Claims dealt with by bankruptcy trusts- Open system — claimants suing the insurance company Legal question of assignment

• Bankruptcy trusts and disclosures- How jurisdictions prevent trial date until disclosures have

been made

3:00 What Was Knowable and When?: The Empirical Evidence on Asbestos Knowledge

David B. Sicilia, PhDUniversity of MarylandDepartment of History and Smith School of BusinessIntroduction and Q&A Moderated by:David KatzensteinMemberEckert Seamans Cherin & Mellott, LLC

3:30 Take Home Exposures in Asbestos Cases: How Jurisdictions Differ in Their Approach, Discussion of Recent Rulings, Examining the Credibility of the Defense that Asbestos Exposure is Idiopathic or Occurs From Nature, and How Liability is Impacted When Bystanders and Premise Owners are Brought Into the Litigation

Michael J. CristPartnerDLD LawyersDemay, Labrador, Drake, Victor & Cabeza

Register Now | 888-224-2480 | www.AmericanConference.com/Asbestos 5

Edward CasmerePartnerSchiff Hardin LLPEdward R. HugoFounding PartnerHugo Parker, LLP• Defending cases against the worker who brought home

asbestos to family members- How jurisdictions differ in their approach to handling take

home exposure cases: California’s recent change on standard to prove exposure

• How liability is impacted in certain jurisdictions where the premise owner and/or bystanders are defendants

• Determining whether premise owners owe a duty to household members

• Examining the credibility that asbestos exposure is idiopathic• Asbestos exposure occurs from nature such as the serpentine

rock, natural veins to chrysotile, and other forms of asbestos running through hills- What is the value of establishing this type of defense when

the plaintiff is in her/his 40s• Duty to warn — Georgia Pacific, LLC v. Farrar• Risk of take home exposure not foreseeable —

Hoyt v. Lockheed Martin Corp

4:30 Afternoon Break

4:35 The Use of Asbestos by the United States Military Other than the Navy

Dawn DeziiPartnerMargolis EdelsteinDean A. OlsonPartnerMorris Polich & Purdy LLPBarry N. MesherPartnerSedgwick LLPAsbestos was used extensively by all branches of the military for many decades. Various claimants may have used asbestos directly with respect to their job classification in any branch of government, or, alternatively, they may have been exposed to both chrysotile and amosite fibers through living quarters, mess halls and recreational areas. This session will focus on:

• Alternative causative factors of the Plaintiff ’s disease and questioning Plaintiffs that served in any branch of the military about their job duties, physical location and day to day

• Questioning of the witness with respect to potential exposures to other toxic chemicals while serving in the military

5:35 European Asbestos Criminal Trials

Rachel P. Maines, PhDSchool of Electrical and Computer EngineeringCornell University

6:15 Conference Adjourns

Day Two: Wednesday, June 24, 2015

7:30 Registration and Continental Breakfast

8:00 View From the Bench

Hon. Richard S. SchmidtU.S. Dist. Ct., S.D. TXHon. Peter FlynnCir. Ct. Cook Co., Ill.Hon. Steven A. StobbsIll. Third Judicial Cir. Ct., Madison Co.Hon. Jose M. RodriguezEleventh Judicial Circuit, Fla.Hon. Paul R. WallaceSuperior Court of DelawareHon. Richard A. KramerCalif. Super. Ct., San Francisco Co.Hon. Anthony J. MohrCalif. Super. Ct., Los Angeles Co.Co-Moderators:Ross StomelPartnerShrader & Associates, L.L.P.Philip R. MatthewsPartnerDuane Morris LLP

9:40 Morning Break

9:50 The Interplay Between Workers Compensation and Asbestos, Examining the Folta Case in IL, Impact of the Exclusivity Rule in Different Jurisdictions, Insurance Coverage Issues, Expert Witnesses, and State of the Art Defense

Lauri A. KavulichPartnerO’Hagan LLCCraig T. LiljestrandPartnerHinshaw & Culbertson LLP• Examining the Folta case in IL, the exclusivity rule, and its

impact with workers compensation law• Examining the impact of the Pennsylvania Supreme

Court’s ruling in the Tooey case and how it impacts workers compensation law

• How insurance coverage applies/does not apply — workers compensation policies, general liability policies, etc.

• Expert witnesses — state of the art defense; what did the employer know at the time of exposure?; what did the plaintiff know about his worksite and exposure?

Join the Conversation Reinsurance/Insurance @Insurance_ACI / #ACIASBESTOS6

10:35 Insurance Coverage Issues: Bankrupt, Dissolved, or Defunct Entities, Issues Involving Joint Insurers, Establishing When Coverage is Triggered, and Nuances Related to Exclusions and CUMIS Counsel

John L. OsborneFounder and Managing PartnerGlobal Risk CapitalJames F. DorionManaging DirectorMarshLeslie A. DavisPartnerCrowell & Moring LLPBenedict M. LenhartPartnerCovington & Burling LLPStephen HokePartnerHoke LLC• What is the current landscape of defendants who are primarily

smaller enterprises and entities (contractors, site owners)?• Reviewing the Anderson case that allowed claims to proceed

against defunct entities• Reviewing the Continental Casualty case that allowed plaintiff

to proceed against a company not in business anymore but still had an insurance policy in place

• What happens to insurance policies still in place after a business is defunct, dissolved, or bankrupt?

• What happens when there is an exhaustion of limits on insurance policies?- What is the effect on bankruptcy trusts?

• Bankruptcy nuances: Effect on non-settling insurers/contribution claims; Protection for non-debtors; Estimation methodology; Insurance neutrality; Assignment of policies/proceeds; determining whether there are other asbestos debtors; 524(g) relief?

• Assessing the umbrella policies• Issues relative to representative of joint insurers• Determining when coverage is triggered

- Claim is made that asbestos really manifested later

California Nuances

• Pollution exclusion• Issues arising out of CUMIS counsel

- Coverage disputes- Policyholder paying counsel fees

11:50 Apportioning Liability in Jurisdictions with Fault Allocation: Products, Product Types, Product Uses, Product Identification Witnesses, Deposition Strategies, Trigger of Coverage Issues, and Beyond

Forrest Ren WilkesPartnerForman Watkins Krutz & Tardy LLPTodd SchwartzPartnerLewis Brisbois Bisgaard & Smith LLP

Nicholas P. VariPartnerK&L Gates LLPFault Apportionment

• Dividing liability to all entities that caused/contributed to plaintiff ’s disease

• Reducing and extinguishing liability• How defendants limit their role in plaintiff ’s exposure by

pointing out other products containing asbestos that plaintiff was exposed to- Creating a defense strategy — establishing multiple exposure

to different types of asbestos containing products that will reduce percentage of liability

• What is defendant’s real percentage of fault in an allocation of fault state?

• Impact of solvencies on allocation issues• Exhaustion of coverage and the issue with primary and excess

carriers

Trigger of Coverage

• Examining the Keasbey case — manifestation of disease

Deposition Strategies to Reduce Liability and Build Apportionment

• Knowledge of products, product types, and uses and how it reduce the liability of the trial defendants and shift liability to bankrupt and settled defendants

• Maximizing the effectiveness of product identification witnesses

12:55 Networking Lunch for Speakers and Delegates

1:55 Expert Witnesses in Asbestos Cases: Procedural and Practical Insights, Understanding and Utilizing the Scientific Method, the Published Literature and Your Scientific Witnesses, and More

Charles A. Weaver, III, Ph.D.Professor of Psychology and NeuroscienceBaylor UniversityMark A. WisniewskiChairman/CEOKitch Drutchas Wagner Valitutti & Sherbrook• Pretrial hearings regarding expert witness testimony• New and novel types of expert witnesses• Sargon evaluations and the scientific validity of expert testimony

2:55 The “Every Exposure Theory”: Recent Court Decisions, Notable Experts and Their Causation Testimony, and the Cross-Examination of the “Every Exposure Counts” Expert

Tom Hesterberg, PhD MBAPrincipal ToxicologistCenter for Toxicology and Environmental HealthAnthony SbarraShareholderHermes, Netburn, O’Connor & Spearing, P.CSean HigginsPartnerWilson Elser Moskowitz Edelman & Dicker LLP

Register Now | 888-224-2480 | www.AmericanConference.com/Asbestos 7

Each year more than 15,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events — and the numbers keep growing.

Guaranteed Value Based on Comprehensive ResearchACI’s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues.

Unparalleled Learning and NetworkingACI understands that gaining perspectives from — and building relationships with — your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible.

American Conference Institute:The leading networking and information resource for counsel and senior executives.

Jennifer E. AdamsPartnerDeutsch, Kerrigan & Stiles, L.L.P.• The latest court decisions on each and every exposure

testimony — what are the trends?- Refining the causation standard in Bostic

• Notable experts, including each expert’s formulation of the every exposure theory and specific examples of some of the exposures that these experts have opined are causes of disease

• How does the defense attack the testimony, including using weaknesses in the data relied on by the experts?

• Requiring some evidence of exposure (frequency, proximity)- How long and how many times did the plaintiff work with

the product?• Causation — what standard will Defendant be held liable?

- Establishing medical causation- Expert testimony by pathologists- Single solitary exposure is a contributing cause

of mesothelioma• Product Identification

- Plaintiff identifying defendant’s product that caused mesothelioma v. plaintiff saying all products he worked with caused mesothelioma

• Daubert challenges

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About the venue:

Located in the heart of the Magnificent Mile, the Omni Chicago Hotel is one of the area’s best-loved hotels and home to Michigan Avenue’s only all-suite luxury accommodations. Every guest room exudes the lavish sophistication you expect from a four-diamond hotel.

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly at 800-843-6664 or 312-944-6664 and mention the “ACI June” conference to receive this rate.

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4:15 Overview of the 2015 “International Symposium on Malignant Mesothelioma”: Novel insights Into the Biology and Therapy of Mesothelioma

Faris Farassati, PhD, PharmDAssociate Professor of MedicineDepartment of MedicineThe University of Kansas Medical School

5:00 Conference Ends

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ASBESTOSClaims & Litigation

American Conference Institute’s 19th National Advanced Forum on

June 23 – 24, 2015 ✸ The Omni Chicago Hotel on the Magnificent Mile ✸ Chicago, IL

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